The Borough Council finds that indiscriminate, uncontrolled
and excessive destruction and removal of trees upon lots and tracts
of land within the Borough of Madison will cause increased drainage
control costs, increased soil erosion and sedimentation, decreased
fertility of the soil, degradation of water resources, decreased groundwater recharge,
increased buildup of atmospheric carbon dioxide, the establishment
of a heat island effect and increased dust and pollution, and loss
of biodiversity, wildlife and pollinator services. The singular or
cumulative effect of any of the foregoing could adversely impact the
character of the Borough, increase flooding, decrease property values,
render the land unfit and unsuitable for its most appropriate use,
and negatively affect the health, safety and general welfare of the
Borough's residents.
The Governing Body desires to protect and minimize the removal
of trees within the Borough by establishing a tree removal permit
program and, when permits are granted, require appropriate tree replacement.
The following words and expressions used in this chapter shall
have the following meanings:
BOROUGH TREE
A tree located on land owned by the Borough, or which is
located on a street, highway, public place, right-of-way, Borough
easement, park or parkway or within the sidewalk lines.
CLEAR CUTTING
A logging/forestry method in which numerous adjacent trees
are removed (regardless of tree size) on a site or a portion of a
site. The purpose of clear cutting is to create open space for building
or to replace existing trees with smaller trees that do not replicate
the ecosystem services of the original trees.
DRIPLINE
A line connecting the tips of the outermost branches of a
tree projected vertically onto the ground.
INVASIVE TREE
A tree that is both non-native and able to establish on many
sites, grow quickly, and spread to the point of disrupting locally
native plant communities or ecosystems. Links to invasive tree lists
as supplied by the Rutgers University Cooperative Extension Service
are identified on the Shade Tree Management Board’s municipal
web site.
LANDMARK TREE
Any tree designated and identified as such by the Shade Tree Management Board (STMB) of the Borough of Madison pursuant to the standards set forth in the General Code of the Borough of Madison §
45-1.
LIMIT OF DISTURBANCE LINE
The line on a property beyond which the natural grade and
existing vegetation will not be disturbed by a construction project.
It shall be indicated on a plan by a dashed line and shall include
not only the area around each structure's foundation but also clearing
and grading required for driveway, power, water, sewer, communications,
and other installations.
MUNICIPAL ARBORIST
The Administrative Officer of the Tree Protection Ordinance,
duly appointed by the Governing Body who shall have the following
qualifications:
A.
Bachelor's degree in forestry, arboriculture, horticulture or
ecology from an accredited college or university; or
B.
Certification as a "certified/licensed tree expert" (CTE/LTE)
by the State of New Jersey; or
C.
International Society of Arboriculture (ISA) certified arborist;
and
D.
A minimum of five years' experience in the planting, care and
maintenance of trees.
REPLACEMENT TREE
A nursery-grown certified tree marked with a durable label
indicating genus, species and variety, and satisfying the standards
for nursery stock and installation thereof set forth by the American
Nursery and Landscape Association and guaranteed for two years. One
hundred percent of replacement trees must be native Northeastern U.S.
deciduous hardwoods. Any tree used in a required planting must be
at least 2 1/2 inches caliper in diameter and must be nursery
stock, balled and burlapped or in a container guaranteed for two years
from the date of installation. A suitable species list for replacement
trees shall be published on the Shade Tree Management Board’s
municipal website.
SIGNIFICANT TREE
Any tree, measured 4.5 feet above the grade with a diameter
of 16 inches (circumference of 50 inches) or greater, or any tree
designated by the Shade Tree Management Board as a landmark tree.
Significant trees store the most carbon, filter the most water to
the aquifer and provide the most ecosystem services.
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
TREE
Any deciduous or evergreen species, measured 4.5 feet above
the grade with a diameter of six inches (circumference of 19 inches)
or greater, up to a diameter of 16 inches (circumference of 50 inches).
TREE FUND
A fund established by the Governing Body only to be expended
for the planting of trees on any public street, in public park or
public right-of-way at locations identified by the Shade Tree Management
Board.
A Municipal Arborist shall be appointed by the Mayor and confirmed by the Council with the advice of the Shade Tree Management Board on an annual basis commencing January 1 and ending December 31. The Municipal Arborist shall possess the qualifications defined in §
178-3 and shall be paid for any services authorized on behalf of the Borough in accordance with an annual fee schedule established with the Borough. The Municipal Arborist shall be prohibited from taking any action on or representing any Madison private clients while under contract with the Borough. After the selection of the Municipal Arborist, the Borough shall enter into a contract with the Arborist, which shall set forth the fees charged by the Arborist for providing services to the Borough. The Borough's contract with the Arborist shall be published with the publication of the tree inventory and tree planting schedule as provided herein.
The Municipal Arborist shall be charged with performing site
inspections, administration and enforcement of the tree removal, replacement
and protection requirements of this chapter, reviewing and providing
written reports on development applications, attendance at the Shade
Tree Management Board meetings, and the preparation, maintenance and
updating of the tree inventory.
Subject to the exemptions set forth herein, no person shall
remove or damage, or cause to be removed or damaged, any tree located
on land within the Borough without the express approval of the Municipal
Arborist, unless such action is specifically exempted by the provisions
of this chapter.
When a tree removal permit is required, it will be reviewed
by the Municipal Arborist.
A. Permit required. A tree removal permit is required for any of the
following actions on private property:
(1) Any removal or destruction of any tree six inches in diameter (circumference
of 19 inches) or greater; or
(2) Any removal or destruction of any significant tree.
(3) Property owners shall be allowed to remove two nonsignificant trees
on their property within any twenty-four-month period without having
to pay a permit fee, after filing their tree removal permit application.
B. Exemptions.
(1) A permit is not required for removal of any Borough tree directed
to be removed by the Borough of Madison, County of Morris or State
of New Jersey.
C. Permit application. Applications for a permit shall be made to the
Municipal Arborist and submitted to the Engineering and Land Use Department.
Forms are located on the Shade Tree Board’s municipal web site.
It shall contain the following information:
(1) The name and address of the owner of the property from which the
trees are proposed to be removed.
(2) The name and address and phone number of the applicant. Where the
applicant is not the property owner, written consent of the property
owner is required.
(3) A development plan of the property or diagram that shall contain
the following information:
(a)
A description of the premises where removal is to take place,
including lot and block numbers and street addresses as assigned.
(b)
An indication of all trees proposed to be removed, specifically
by an assigned number, the species and diameter of each tree with
a diameter of six inches or more.
(c)
An indication of all trees to remain and proposed replacement
trees, if any, including their size and species specifically by an
assigned number.
(d)
Any other information which may reasonably be required to enable
the application to be properly evaluated including, but not limited
to, a description of the purpose for which this application is to
be made, e.g., scenic improvements, hardship, danger to adjacent properties,
removal of diseased or damaged trees, transplanting or removal in
a growing condition to other locations, installation of utilities,
drainage of surface water, or other pertinent information.
(4) Any removed tree that requires a replacement shall use the following
table:
Tree Replacement Schedule
|
---|
Diameter at Breast Height (DBH) Caliper of Existing Tree Removed
(inches)
|
Number of Replacement Trees
(2 1/2-inch caliper)
|
---|
Between 6 and 12
|
2
|
Between >12 and 18
|
4
|
Between >18 and 24
|
5
|
Between >24 and 30
|
7
|
Between >30 and 36
|
10
|
36 or greater
|
The equivalent of 2 1/2-inch caliper trees or greater needed
to equal the DBH of the removed tree
|
(5) If
the Municipal Arborist determines that based on lot size and site
conditions it is not feasible to plant replacement trees, the required
contribution shall be made to the Tree Fund.
(6) Replacement
trees must be native Northeastern U.S. deciduous hardwoods.
(7) Invasive
trees may be removed at the discretion of the Municipal Arborist.
Though no replacement is required following the removal of an invasive
tree, it is strongly encouraged to have it replaced with a native
Northeastern U.S. deciduous hardwood.
D. In lieu of providing a replacement tree, the owner of real property must contribute $400 per replacement tree to the Tree Fund, with such funds to be used for tree plantings in public spaces. The Municipal Arborist shall maintain a list of available public tree planting sites and by January 31 shall publish a list of trees that were planted at those public sites in the prior calendar year. Trees purchased with monies in the Tree Fund shall be planted at locations on public sites nearest to the site(s) that generated the remittance of monies pursuant to §
178-12.
E. The Municipal Arborist shall deny the permit if the application does
not comply with this chapter.
F. Additional requirements for construction projects.
(1) Where the removal of a tree on a lot (as defined in §
178-3 hereof) is proposed for the construction of any building, recreation area or any structure for which a building permit is required, no building permit shall be issued until the applicant has obtained a tree permit required under this chapter.
(2) The plan of the property submitted with the permit application shall
indicate the construction disturbance line.
(3) The plan shall indicate any or all trenches for underground public
utilities.
(4) All trees to be preserved are to be protected during construction.
Tree protection is critical to prevent root compaction and preserve
tree health. Trees shall be protected using the following criteria:
(a)
The limit of protection shall be the dripline unless otherwise
approved by the Borough Engineer or their designee with the advice
of the Municipal Arborist.
(b)
Tree protection barriers shall be installed by the applicant
and approved by the Municipal Arborist and shall remain and be maintained
until all construction and grading are completed and final inspection
has taken place.
(c)
The protective barriers shall be independently supported fencing
firmly secured and not supported by any trees and shall be a minimum
of three feet high.
(d)
Unless a Borough official determines the project site is constrained
in such a manner that the tree protection area would encompass all
usable area typically required for construction activities to proceed
in the tree protection areas, it shall be prohibited to:
[1]
Store any building material.
[3]
Store or park any equipment, including temporary toilet facilities.
[5]
Attach any signs, wires, or other attachments to any tree.
[6]
Exception: Tree removal equipment is permitted, but only during
operations for tree removal.
(e)
The provisions of §
195-44 et seq. of the Borough Code, Soil erosion and sediment control, shall be adhered to where applicable.
G. Applications for development.
(1) All land development applications to the Planning Board or Zoning
Board of Adjustment for development under the Borough of Madison Land
Development Ordinance shall contain a demolition permit plan which shall be
prepared by an appropriately licensed professional (professional engineer,
land surveyor, landscape architect, professional planner, architect,
forester, certified arborist, certified tree expert, etc.) showing
all surface features, subsurface structures and trees proposed to
be removed as part of the development. If the demolition permit plan
provides for the removal of trees, the applicant must obtain a tree
removal permit prior to demolition.
(2) The demolition plan shall be a completeness item on the checklists
for single- and two-family residential applications, minor and major
subdivisions and site plan applications.
(3) The Municipal Arborist shall determine if any trees removed as a
result of the demolition plan must be replaced. The number of replacement
trees at the applicant’s site, another site in the Borough owned
by the applicant or at a nearby public property shall be determined
by the Municipal Arborist in accordance with the Tree Replacement
Schedule. If the Municipal Arborist determines that it is not feasible
to plant replacement trees, the required contribution shall be made
to the Tree Fund. Replacement trees must be planted no more than 12
months following the issuance of the tree removal permit.
(4) The Municipal Arborist shall review the development plans and provide a written report to the appropriate Land Use Board and the applicant at least 10 business days prior to the scheduled meeting date. The Municipal Arborist shall be paid from the technical review escrow for each application pursuant to §
195-12B of the Borough of Madison Land Development Ordinance.
H. Other permit considerations.
(1) All reasonable efforts shall be made to preserve landmark trees and
significant trees, including, but not limited to, relocation of planned
and/or proposed infrastructure, driveways, and buildings. Removal
of landmark trees shall require written notice to the Shade Tree Management
Board.
(2) It shall be prohibited to remove trees from freshwater wetlands or
freshwater wetland transition areas as defined by the Freshwater Wetlands
Protection Act, N.J.S.A. 13:9B-1 et seq.
(3) Trees may not be removed from steep slopes as defined by §
195-41 of the Borough Code.
(4) If
the Municipal Arborist or another certified arborist submits in writing
that a tree is dead, dying, hazardous, and/or infested with insects,
a replacement tree is not required, but strongly encouraged.
(5) All
reasonable efforts should be made to preserve clusters of trees in
a natural state as they provide a greater ecosystem service than the
sum of their individual components.
I. Standards.
(1) Upon receipt of a tree removal permit application, the Municipal
Arborist shall inspect the site on which the trees are located the
tree or trees sought to be removed. The loss of lot yield, building
area or profitability of a development layout shall not be factors
considered by the Municipal Arborist in making a tree permit determination.
(2) Land Use Boards processing applications involving tree removals or
potentially impacting existing trees shall solicit tree assessment(s)
from the Municipal Arborist. Upon approval of tree removals by the
Land Use Board, a tree removal permit will be issued.
(3) In all other cases, the Municipal Arborist shall have the discretion
to prohibit clear cutting.
(4) The following are conditions that allow the Municipal Arborist to
approve a tree removal permit:
(a) Where the area where such tree or trees are located will be occupied
by a sewer line or other underground utility, or where the area where
such tree or trees are located is within 12 feet of a building or
structure or within seven feet of any of the other improvements set
forth in this subsection.
(b) Where proposed changes in the topography of the area where such tree
or trees are located would require significant remediation, such as
welling or construction of an aerification system, to allow the tree
or trees to survive.
(c) Where the presence of the tree or trees will endanger the public
or an adjoining property owner.
(d) Where the tree or trees are damaging a structure.
(e) Where the root system has become a hazard to the extent that no other
solution remains.
(f) Where the location of the tree interferes with the use of an existing
outdoor, inground pool.
J. Conflicts with other laws. Notwithstanding anything in this chapter
to the contrary, no tree removal shall be permitted where prohibited
by any other municipal, state or federal statute, ordinance or regulation.
K. Fees.
(1) The application fee shall be $25 for each tree to be removed. Said
fee may be changed by ordinance at the discretion of the Governing
Body.
(2) The permit application fee shall be waived if the tree or trees to
be removed are determined by the Municipal Arborist to be dead, dying,
hazardous, infested and/or directed to be removed by the State of
New Jersey.
L. Scheduling requirements.
(1) The Municipal Arborist shall issue an approval or a denial of a tree
removal application within 10 business days of a complete permit application
being filed.
(2) The applicant must notify the Municipal Arborist when the following
events have taken place:
(a)
Tree or trees to be removed shall be indicated on site with
flagging tape.
(b)
All tree removals are completed.
(c)
For construction projects:
[1]
If existing trees are within the construction zone, after required
tree protection measures have been installed.
[2]
For projects that require building demolition, after demolition,
but prior to start of construction.
[3]
If excavation of building structures is required after excavation,
prior to construction.
[4]
If trenching is required, after mark-out of all trenches.
[5]
Final grade is established.
M. Permit time limit. All tree removal permits shall be limited to one
year from date of issuance. If the approved tree removal has not occurred
within one year, a new permit must be applied for and is subject to
the payment of new fees. If, however, the applicant diligently pursues
other governmental approval, or if approved development is ongoing,
the permit may be renewed for up to one year.
The Municipal Arborist shall have the sole jurisdiction and
responsibility to identify any violations hereunder. The Municipal
Arborist shall oversee all applicable tree removal or destruction
and soil removal incidental thereto. Upon ascertaining a violation
of this chapter, the Municipal Arborist shall maintain all relevant
documentation associated with any violation. The Municipal Arborist
shall contact the owner of the property within three business days
to correct the violation. If such violation(s) are not resolved within
10 days, the Municipal Arborist shall issue a summons to be heard
in the Municipal Court as provided in this chapter. In addition to
other remedies, the Borough Engineer or their designee or other proper
municipal official may institute a stop-work order to prevent a continuing
violation of the terms of this chapter.
No person shall engage in tree removal work in the Borough for
hire without first verifying with the applicant or the Engineering
and Land Use Office that a tree removal permit has been obtained.
If an applicant or permit holder disagrees with the decision
of the Municipal Arborist, as the administrative officer of this chapter,
they shall have the right to appeal such decision to the Shade Tree
Management Board. Such appeal shall be by written notice stating the
reason(s) upon which the appeal is based and filed with the Borough
Clerk within 14 business days of the decision of the Municipal Arborist.
The Shade Tree Management Board shall hear the matter, upon notice
to the applicant, within 45 days after filing of the notice of appeal.
The Shade Tree Management Board may in its discretion and upon complete
review of the application and after hearing the testimony of the Municipal
Arborist, the applicant, and such other experts as may be appropriate,
reverse, modify or affirm the aforesaid decision.
A residential property owner may apply to the Borough for partial
reimbursement of the cost of planting a replacement tree. The reimbursement
shall be $200 per tree. The reimbursement shall only apply to trees
meeting the specifications and species identified on the Shade Tree
Management Board’s municipal web site. The property owner shall
submit to the Municipal Arborist all bills associated with the purchasing
and planting of trees. The Governing Body shall appropriate an amount
annually for this program, and the reimbursements will be paid up
to the annual limit to those who file first in time.
The Municipal Arborist shall provide an annual report by February
15 to the Borough Council including the following information:
A. The number
of tree removal permit applications.
B. The number
of trees requested for permitted removal and species of each tree.
C. The number
of permits approved and denied.
D. The number
of trees planted as replacement trees.
E. Total
fees collected by type, and total cost of planting replacement trees.