[1974 Code § 124-1; Ord. No. 4-82]
As used in this section:
Shall mean any woody perennial plant having a diameter greater
than three inches, measured at a point 4 1/2 feet above the ground.
In addition, it shall include any living dogwood (cornus florida)
and American holly, one inch in diameter or greater.
[1974 Code § 124-2; Ord. No. 4-82]
No person shall cut or remove any tree upon any land within
the Township unless the person obtains a permit, the same in accordance
with the procedure set forth herein, and has the permit in his possession
during cutting operations. The permit shall have an expiration date
thereon, which shall be in the discretion of the issuing official,
based upon the magnitude of the area and the number of trees to be
cut or removed.
[1974 Code § 124-3; Ord. No. 4-82; Ord. No. 00-29-OAB § 1; Ord. No. 01-21-OAB]
The following are hereby exempted from compliance with the provisions
of this section:
a.
Any tree located on a tract of land two acres or less in size, upon
which tract is erected a single-family dwelling. All residential subdivisions
requiring review and approval by the Planning Board or Board of Adjustment
and all site plans for commercial, industrial or other nonresidential
development or construction requiring site plan approval before either
of the Boards are specifically subject to the provisions of this section.
b.
Any tree growing on property used as a nursery, garden center, Christmas
tree plantation, orchard, soil conservation farm and any tree removed
or cut in accordance with an existing approval or management plan
developed by the New Jersey Department of Environmental Protection
or any of its agencies, Bureau of Forestry or other professional forester
and filed with the Township Code Enforcement Officer or other designated
official.
c.
Any tree growing on land actually being used for sanitary landfill
operation or for surface mining, provided that necessary approvals
for such operations have been granted.
d.
Any dead or diseased tree or any tree that is likely to be a danger
to life and property.
e.
Any property upon which the owner has received a farmland tax assessment
prior to the removal of any tree.
f.
Trees or shrubs removed during the making of an outbounds property
survey by a licensed surveyor or his staff.
h.
The provisions of this section shall not apply to any public employee acting at the request of an abutting homeowner or municipal directive to cut or remove a tree within the public right of way that is creating a hazardous condition. Nothing in this section shall relieve a landowner of any obligations to maintain an abutting sidewalk or curb as set forth in Chapter 17 entitled "Streets and Sidewalks."
[1974 Code § 124-3.1; Ord. No.
4-82; Ord. No. 85-7; Ord. No. 85-40; Ord. No. 95-04; Ord. No. 95-27; Ord. No. 95-31]
a.
Notwithstanding any provision in this section to the contrary, no person shall cut or remove any tree having a diameter of 1 1/2 inches or more, which is located within any public right-of-way in the Township, unless such person has received a permit from the Township Code Enforcement Officer, or such other designated official, to cut or remove such tree. Further, no person shall cut or remove any tree having a diameter of 1 1/2 inches or more, which was planted by a developer pursuant to a municipally approved site plan or subdivision unless such person has received a permit from the Township Code Enforcement Officer or such other designated official. As a condition of any such permit referred to above, the permittee shall replace the tree with a tree conforming to the standards set forth in Section 35-48 entitled "Buffers, Screening, Landscaping and Shade Trees" in the land development regulation of the Township of Berkeley as it may be amended. Upon request of the adjacent property owner, the Township is authorized to remove any dead or diseased tree or any tree that is likely to be a danger to life and property from the public right-of-way. The adjacent property owner is not required but is encouraged to replace the removed tree.
b.
The provisions of this section shall not apply to any person who is in the process of clearing any public right-of-way in the Township for purposes of improvement of such right-of-way. This provision shall not prevent any resident from trimming back roots of a tree in order to maintain the curbs or sidewalks in the public right-of-way adjacent to their residence. It is the intention of this section to facilitate the obligations of owners of any premises abutting a sidewalk or curb to maintain such sidewalk or curb as set forth in Chapter 17 entitled "Streets and Sidewalks."
c.
Notwithstanding any provision in this section to the contrary, no
person shall top any tree located within the public right-of-way in
the Township or any tree which was planted by a developer pursuant
to a municipally approved site plan or subdivision.
d.
Permit fees provided for by this section shall be waived in all cases
for trees located in the right-of-way or planted by a developer pursuant
to a municipally approved site plan or subdivision.
[1974 Code § 124-4; Ord. No. 4-82; Ord. No. 95-27]
Any person desiring to destroy, cut or remove any tree regulated
by this section shall apply to the Township Code Enforcement Officer,
or such other designated official, for a permit to remove such tree
or trees. The applicant shall identify the land upon which the tree
or trees is located and shall disclose the names and addresses of
the owners or tenants and shall identify and place the location of
the tree or trees sought to be cut, removed or destroyed and their
approximate diameter, type and number. Application forms shall be
made available for use.
[1974 Code § 124-5; Ord. No. 4-82; Ord. No. 95-27]
The Township Code Enforcement Officer or such other designated
official shall have the discretion to require any person destroying,
cutting or removing any tree to be responsible for removing any fragments
of branches over one inch in diameter. No stumps, in any event, shall
be buried or covered on site or buried or covered on any property
in Berkeley Township without the written permission of the Township
Code Enforcement Officer or such other designated official.
[1974 Code § 124-6; Ord. No. 4-82]
The application for a permit shall be accompanied by a sketch
accurately depicting the location and dimensions of the property in
question and showing the location of the trees in question and setting
forth the lot and block number. The existing vegetation shall also
be shown.
[1974 Code § 124-7; Ord. No. 4-82; Ord. No. 95-27]
a.
Annual permits may be issued to property owners for harvesting timber
for home consumption. The permit shall run from the calendar year
January 1 to December 31 of each year. The applicant shall submit
to the Township Code Enforcement Officer or such other designated
official proper proof of ownership. In order to protect the property
owners of the Township of Berkeley, the permit must be in the possession
of the cutter at all times as an indication of authorization.
b.
A permit issued under this section may be revoked by the Township
Code Enforcement Officer or such other designated official where there
are violations of this chapter, any conditions imposed by the Code
Enforcement Officer or such other designated official or any violations
of representations made by the applicant.
c.
One permit shall be issued for each separate Tax Map lot, unless
the same are contiguous.
[1974 Code § 124-8; Ord. No. 4-82; Ord. No. 95-27]
The Township Code Enforcement Officer or such other designated
official shall have the discretion to inspect the site. He shall determine
whether the applicant shall be granted a permit and shall then act
favorably or unfavorably thereon. The officer or such other designated
official shall apply the following standards in making this determination:
a.
Trees of six inches or less in diameter shall be given special consideration
to allow for natural reforestation.
b.
Any tree of historical significance or otherwise significant by reason
of its rarity or environmental significance shall be given special
consideration and shall not be cut or destroyed unless there is no
possible alternative.
c.
For industrial, commercial property and for major subdivisions, the
site plan or subdivision is to be submitted to the Township Code Enforcement
Officer or such other designated official. In addition to trees provided
for protective screening and required by existing ordinances, the
trees in the vicinity of boundary lines shall not be removed. Existing
trees must be incorporated into the site plan or subdivision where
possible. Any changes in a site plan or subdivision subsequent to
original approval must be resubmitted to the Township Code Enforcement
Officer or such other designated official for reapproval.
d.
State standards for tree protection shall apply.
e.
In all cases, the Township Code Enforcement officer or such other
designated official shall seek to prevent the excess destruction,
removal and cutting of trees so as to prevent soil erosion, increased
dust conditions, drainage problems and lack of drainage control and
resultant deterioration of property values.
[1974 Code § 124-9; Ord. No. 4-82]
a.
The fees for an annual permit shall be: $25 for the removal of 50
trees or less, and $50 for the removal of more than 50 trees. All
other fees shall be as follows:
b.
The fee for removal of one to 10 trees shall be $10.
c.
For removal of more than 10 trees, the fees shall be: an additional
$10 shall be charged for the removal of each additional 10 trees or
any part thereof, i.e., $20 for removal of 11 to 20 trees. The maximum
fee for the removal of more than 40 trees shall be $50.
d.
In all events, the fee for tree removals in major subdivisions shall
be $10 per acre or any portion thereof.
[1974 Code § 124-10; Ord. No. 4-82; Ord. No. 95-04; Ord. No. 95-27]
Any person shall have the right to appeal the decision of the
Township Code Enforcement Officer or other designated official to
the Business Administrator within 10 days of the date of the decision.
The appeal shall be delivered to the Township Clerk and shall be in
the form of a written appeal notice, setting forth the reasons for
the appeal and attaching copies of all relevant documentation. The
Township Business Administrator shall hear the appeal and shall decide
the same in writing within 30 days after the filing of the appeal
or within such other period as the appellant may consent to. The Township
Business Administrator may reverse, modify, remand or affirm the decision.
[1974 Code § 124-11; Ord. No. 4-82; Ord. No. 95-27]
This section shall be enforced by the Township Code Enforcement
Officer or such other designated official acting in his place or by
the Police Department or Construction Code Official or any subcode
official.
[1974 Code § 124-12; Ord. No. 4-82; Ord. No. 88-48; New]
Any person who violates any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. In the event that the statutes of the State are amended to provide greater penalties, this section may be construed to authorize and permit the imposition of the maximum fine, imprisonment or community service. The purpose of this penalty clause is to provide the maximum penalty permitted by law.
[Ord. No. 03-25-OAB § 1]
The purpose of this section is to control and regulate indiscriminate,
uncontrolled and excessive removal, clear-cutting and destruction
of trees. A further purpose is to control, protect, conserve, regulate
and prevent conditions which cause increased surface drainage, degradation
of water resources, decreased groundwater recharge, adverse sedimentation
and soil erosion. All of these conditions are, and will be, a detriment
to public safety, health and welfare.
[Ord. No. 03-25-OAB § 2]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean as currently defined in Section 35-3.
Shall mean a tree removal plan or forestry management plan
which has been approved by the Planning Board, Board of Adjustment
or other Township agency as provided for in this section. The approving
authority shall have the authority to seek the advice and/or recommendation
of the Township Environmental Commission and Shade Tree Committee.
The Director of Planning, or his or her designee shall be
appointed and designated Conservation Officer. This official shall
be charged with the inspection of sites upon which there is an application
for subdivision or site plan approval in regards to the provisions
of this section, and with inspection and enforcement of the tree removal
and protection requirements of this section.
Shall mean the diameter of an existing tree measured at a
point no greater than 48 inches above the downhill side. This phrase
may appear in this section as the abbreviation "DBH."
Shall mean the diameter of a replacement tree measured at
a point on the tree six inches from ground level on the downhill side.
This phrase may appear in this section as the abbreviation "DPM."
Shall mean a limiting line established by a series of perpendicular
drop points marking the maximum radius of the crown of an existing
tree but not less than six feet from the trunk, whichever is greater.
Shall mean any tree dedicated by the Township Council commemorating
an individual or event.
Shall mean a list of trees identified as being historic or
specimen trees. Such list shall be maintained in the office of the
Township Clerk and Zoning Officer. The Environmental Commission and
Shade Tree Committee may provide input to the Township Council, Planning
Board, Board of Adjustment, Historic Sites Committee and other Township
departments in compiling said list. The inventory shall be kept on
file in the Township Clerk's office and Zoning Office for public
review. The Environmental Commission and Shade Tree Committee shall
be guided by New Jersey Department of Environmental Protection regulation
N.J.A.C. 7:7E-3.37 when making a determination of specimen trees.
Shall mean those trees enumerated in Section 35-48.L.6 through
9.
Shall mean as currently defined in Section 35-3.
Shall mean any woody perennial plant having a diameter greater
than six inches, measured at a point four feet above the ground and
the Dogwood, Ironwood, American Horn Beam, Eastern Red Cedar, White
Cedar, White Oak, and American Holly trees having a diameter greater
than 2 1/2 inches, measured at a point four feet above the ground.
Shall mean a tract of woodland of at least five acres dedicated
by its owner to the growing and harvesting of forest crops and certified
by the American Tree Farm System through the New Jersey Tree Farm
Committee.
Shall mean a plan of tree removal and/or planting in accordance
with the provisions of this chapter.
Shall be in accordance with Section 35-48.
[Ord. No. 03-25-OAB § 3]
No person shall cut or remove any tree upon any land within the Township except as provided by subsection 23-2.5 unless such removal is done in accordance with regulations and provisions of this section.
[Ord. No. 03-25-OAB § 4]
a.
A tree removal/replacement plan shall be filed with every development application for approval of a subdivision, site plan, planned development, conditional use or variance or prior to any other development requiring tree removal or requiring tree replacement, except as otherwise provided in subsection 23-2.5 hereof.
b.
Where a lot or tract is proposed to be developed for use as a single-family
residence and the property is part of an approved plan, the developer
must develop the lot in compliance with approved plan.
c.
Where a lot or tract is proposed to be developed for use as a single-family
residence and the property is not part of an approved plan, the owner
must submit a tree removal plan for approval. A plan to clear no more
than 50% of the side and rear yard setbacks for the zone shall be
submitted to the Zoning Officer.
d.
No building subcode permit shall be issued for the construction of
any structure unless and until the owner files with the Zoning Officer
a tree removal/replacement plan and obtains the required approval.
e.
No certificate of occupancy shall be issued unless tree removal/replacement
is in accordance with the approved plan and all trees to be replaced
have been planted in accordance with the approved plan or a surety
guaranteeing planting has been posted with the Township Clerk.
[Ord. No. 03-25-OAB § 5]
Under this section, the following trees may be removed without
filing a tree removal/replacement plan:
a.
Any tree which is part of a nursery, forestry operation, Christmas
tree farm or orchard, is not a component part of a subdivision or
site plan and complies with N.J.S.A. 54:4-23.5.
b.
Any tree which is part of a cemetery.
c.
Trees directed to be removed by any municipal, County or State authority
pursuant to law.
d.
Trees cut as part of the operation of a tree farm, according to a
forestry management plan. Prior to any harvesting, the owner(s) of
property subject to such a program must seek approval of a forestry
management plan. Owner(s) must file the forest management plan with
the Planning Board signed by the forester developing the plan.
e.
Trees removed in the development of ponds or lakes when supervised
by the Soil Conservation Service and/or the Federal or State Forestry
Service. Owners of property subject to such a program must file with
the Planning Board a letter setting forth the above, signed by the
appropriate supervising agency.
f.
Trees removed in conjunction with the clearing of land which is assessed
as farm and which is actively devoted or to be devoted to agricultural
and horticultural uses as defined herein.
[Ord. No. 03-25-OAB § 6]
a.
Where the application is in conjunction with an application for development
approval, the replacement plan shall include the following:
1.
A site plan, at a scale of one inch equals 50 feet or less, showing
the location of existing wooded areas and clearly marked boundaries
of the plots used to determine the average wooded acre for the site.
For each plot, there shall be a demonstration that no more than 50%
of the side and rear yard setbacks applicable to the zone shall be
disturbed, cut or removed. The site plan shall include the lot and
block numbers, the street address, if assigned, and a certification
of compliance with the requirements of this section.
2.
The location of streams and watercourses.
3.
The locations of slopes of greater than 10% where any tree removal
is proposed.
4.
The location(s) on the tract where tree removal is to take place.
5.
The total acreage of the tract.
6.
The total number of wooded acres designated for development within
the tract.
7.
Notwithstanding permitted estimates of the quantity of trees to be
removed, all trees with a DBH of 16 inches or greater on the site,
within the 50% sample plot and outside the sample plot shall be specifically
identified by location, species and common name. All efforts shall
be made to preserve such trees throughout the tract, including, where
practical, relocation of infrastructure, roadways and buildings.
8.
A Township approved method of disposal of removed trees, toppings
and slash. The burning or burying of trees or parts of trees is prohibited.
Disposal methods shall conform with all municipal, State and Federal
regulations.
[Ord. No. 03-25-OAB § 7]
a.
Criteria for Plan Approval and Compliance. Review by the Planning
Board, Board of Adjustment, Zoning Officer and Conservation Officer
shall be guided by the following standards and requirements:
1.
Trees may be removed where the proposed paved portion of a parking
area and 10 feet beyond is planned. In off-street parking areas, other
than for a single residential dwelling, islands of trees must be left
in the manner provided for by the Land Development Ordinance. No paving
of any impervious nature shall be placed around the base of the trunk
of the tree within 10 feet, and the grade shall be such that drainage
of rainwater will keep the root area watered without pooling. Excess
water shall be admitted to dry wells or storm sewers in the parking
lot or drained by acceptable means.
2.
Trees may be removed in private rights-of-way and driveways within
10 feet of each side of the planned paved area. Alignment of the driveways
should be planned to save as many trees as reasonably possible.
3.
If no area other than a wooded area or area with trees can be found
to accommodate the sewerage system and disposal field meeting the
approval of the Board of Health, necessary tree removal shall be permitted.
4.
Where more than three inches of fill is required around trees, the
trees must be protected by an air well six feet in diameter as needed
around the trunk to prevent the intrusion of soil. Tile pipe must
radiate like spokes from the well to provide oxygen to the roots.
The top of the well must extend six inches above the graded level.
If the tree is of a species that is known to be sensitive to root
disturbance or change in drainage or the owner prefers to remove the
tree, it may be removed and must be replaced with another tree from
the preferred tree list in another or the same area after the fill
has stabilized.
5.
Tree removal from any slope of 15% or greater, watercourse protection
and 100-year flood plan area is prohibited unless approved by the
New Jersey Department of Environmental Protection.
6.
No tree removal is permitted that will expose utility substations,
transmission towers, junkyards, landfill operations and other similar
structures or operations except where trees are dead or diseased and/or
endanger life or property.
7.
No healthy tree that is special by virtue of history, unusual size
or age or is a rare species should be removed except as may be required
for the protection of health, safety or public welfare, or if its
location prevents the reasonable development of property.
8.
No trees on public rights-of-way, parks or public areas are to be removed by private individuals or utilities except as approved by the Director of Public Works or pursuant to Section 23-1.
9.
Unless proven necessary, staging areas shall not be closer than 150
feet to the centerline of any public road. "Necessary" means that
no other area is available due to topography, soil conditions or unfavorable
effect on a woodlot as certified by a consulting forester. Loading
of trucks is permitted at the roadside and a loading area must be
constructed off the roadway where possible. After any cutting operation
is complete, any road modifications and changes in the right-of-way
must be restored.
[Ord. No. 03-25-OAB § 8]
a.
Permits are required in connection with obtaining an approved plan.
Permits shall be issued by the applicable authority as set forth herein.
b.
No approval shall be granted by the Board or Conservation Officer
if the authority finds that the proposed removal or destruction is
contrary to the best interests of the public health, safety or general
welfare.
[Ord. No. 03-25-OAB § 9]
a.
The tree removal/replacement plan provided for in subsection 23-2.6 of this section shall be insured by the performance and maintenance guarantee requirements of the Municipal Land Use Law and Section 35-41 of the Land Development Ordinance of the Township of Berkeley. Such guarantees shall be for ensuring erosion and sediment controls, grading, drainage and other on-site improvements and landscaping.
b.
The requirements of this section may be enforced by the Conservation
Officer, who shall inspect or require adequate inspection of all sites
upon which there is an application for site plan or subdivision, all
applicable tree removal or destruction and soil removal incidental
thereto, and for compliance with other pertinent conditions of approval
from the Planning Board/Zoning Board. Upon ascertaining a violation
of this section, the Conservation Officer shall refer charges in the
Municipal Court as provided in this section. In addition to other
remedies, the Director of Code Enforcement and Construction, Zoning
Officer or other proper municipal official may institute any appropriate
legal action to prevent a continuing violation of the terms of this
section.
[Ord. No. 03-25-OAB § 10]
Any person aggrieved by the decision of any officer, board or
body, relative to the provision hereof, may, pursuant to the provision
of this section, within 30 days of receipt of such decision, appeal
to the approving board or the Superior Court as provided by the Municipal
Land Use Law.
[Ord. No. 03-25-OAB § 11]
Any person violating any of the provisions of this section shall
be subject to a fine not to exceed $1,000 or imprisonment for a term
not to exceed 90 days, or both, upon conviction, in the discretion
of the judicial officer before whom such matter is heard. If the violation
is of a continuing nature, each incident or day which it continues
shall constitute an additional, separate and distinct offense.
