Borough of Englewood Cliffs, NJ Regulations for Planting, Control, Protection and Improvement of Trees and Shrubbery

Shall mean the Shade Tree Commission of the Borough of Englewood Cliffs, including any of its duly appointed members acting under the authority of the commission and any of its duly authorized agents or employees.

PERMITS

Shall mean written permission of the commission. Whenever, pursuant to any of the provisions of this chapter, the commission shall have occasion to review and decide upon an application for a permit, it shall, in determining whether or not to issue such permit, take into consideration the nature, species, size, age and condition of each and every tree involved; the location thereof in the street or park; the planting, care, protection, maintenance, or removal procedures involved; the public safety and welfare; and the improvement and advancement of the shade tree plan, program or policy of the commission.

PERSON

Shall mean any individual, association of individuals, partnership or corporation, or any combination thereof.

SHADE TREE

Shall mean any deciduous tree with an erect perennial trunk at least three inches in diameter at breast height 4 1/2 feet or 1.3 meters, definitely formed crown of foliage, and a height of at least 15 feet at maturity within the borough's right-of-way and/or within 10 feet of the curbline.

STREET

Shall mean any road, roadway, alley, avenue, street, or public highway dedicated to the public use for street purposes, regardless of whether or not it has been formally accepted by the Borough of Englewood Cliffs. A street shall be deemed to include all portions lying between the dedicated or established right-of-way lines thereof, said lines being identical with the front property lines of lands abutting the street. Areas defined herein shall not include county or state parks, parkways and highways.

TREE

Shall mean any tree, shrub or plant, or any root, branch, flower or other part thereof, that is or may be located in or upon any street or park and in any public highways, except those located or planted on county or State parks, parkways and highways.

Any term or provision of this chapter that contemplates, directs, regulates or prohibits the doing of any act, may in applicable cases and where the context so requires, be construed to include the causing, allowing, permitting or suffering of such act to be done by others under the direction, control or supervision of the person charged therewith. Every such act shall be deemed to be within the scope of this chapter regardless of whether it is a deliberate, intentional or purposeful act, or a careless, negligent or unintentional act. Where in the proper context it is so required, the words herein mentioned may be construed to designate the plural as well as the singular.

§ ST1-2 PERMITS.

[Ord. #ST-1, S2; Ord. #9206, SI; Ord. #2005-12]

No person shall, without a permit, do or cause to be done, any of the following acts:

Cut, prune, break, injure, remove, disturb, destroy or interfere harmfully in any manner with any tree;

Spray with any chemical any tree;

Fasten any rope, wire, sign or other device to a tree or to any guard about such tree;

Remove or injure any guard or device placed to protect any tree;

Close or obstruct any open space provided about the base of a tree to permit the access of air, water and fertilizer to the roots of such tree;

Nothing herein shall prevent any governmental agency from tying a public notice upon a tree in connection with administering governmental affairs.

Where a permit is required by the provisions of this chapter, application herefor shall be made to the Shade Tree Commission c/o the Borough of Englewood Cliffs, 10 Kahn Terrace, Englewood Cliffs, County of Bergen, State of New Jersey, and the charge for said permit shall be $50.

Whenever a property owner seeks to remove or reduce the size of a living shade tree for purposes of improvement of the property owner's premises, the property owner shall apply to the commission. The commission may allow the removal of a living shade tree, only at the owner's sole cost and expense, and shall require a replacement shade tree at a different location of the property, which replacement shall also be at the owner's sole cost and expense.

In the event that a shade tree is either defacing the owner's property (e.g. causing cracks in a driveway or sidewalk), or a shade tree is declared to be dead by the commission, the property owner shall apply to the commission for relief. The commission may order the removal or reduction in size of the tree, at the borough's expense. However, the owner shall be fully responsible for any curative measures undertaken with regard to any damage caused by the shade tree.

The commission may order the removal of all or part of a shade tree; may order the removal of the tree to ground level only; or may order the removal of some part or all of the roots of a shade tree. However, the property owner shall be fully responsible for the restoration of his lawn and/or other portions of the property affected by the shade tree.

The property owner may provide stakes for the reinforcement of a shade tree without permission from the commission, but only when the tree's health appears to be endangered by storm or other like emergency.

Whenever a shade tree will interfere with proposed new construction, the owner shall apply to the commission for permission to have the tree removed and replaced pursuant to Section ST1-4.

No weeping willow trees shall be permitted to be planted in the borough's right-of-way, because of the damage to drainage systems, curbs and roads.

No contractor or owner shall post any sign or other notice on any shade tree.

All trees in the borough's right of way, including those planted prior to the establishment of the commission, shall be subject to the provisions of this chapter.

§ ST1-3 PLANTING.

[Ord. #ST-1, S3; Ord. #9206, SI]

No person shall plant any tree in any park or street without a permit, or written direction of the commission.

Any property owner who has been granted permission to plant his own tree, at his own expense, shall also be responsible for any and all maintenance thereof, including but not limited to, pruning and removal if the tree thereafter is determined by the commission to be dead.

After the demise of two trees in approximately the same location, the commission, in its discretion, may refuse to make, further replacements.

Various evergreens have been planted by property owners in the borough's right-of-way. Where such evergreens extend over portions of the street and require pruning, the property owner shall be advised of his sole responsibility in this regard. If the property owner fails to undertake such pruning, after notification from the commission, the commission shall have the right to remove such evergreen from the borough's right-of-way.

In the event that any shrub, planting or tree harbors disease or dangerous insect infestation, as confirmed by a certified New Jersey Tree Expert, the commission may require the removal of such planting at the owner's expense.

The property owner shall be responsible for reporting to the department of public works any dangerous situation of a shade tree being uprooted by storm, wind or otherwise.

§ ST1-4 COST OF TREES AND IMPROVEMENTS.

[Ord. #ST-1, S4; Ord. #9206, SI; Ord. 2005-12; Ord. #2008-08; Ord. No. 2012-21]

The abutting property owner or owners shall be charged, if the commission shall so determine, for the planting and removal of street trees, in accordance with and in the manner as prescribed by law.

The provisions of this section shall not apply to:

A planting to replace a tree or trees theretofore planted by the commission.

A planting in connection with Arbor Day exercises or other educational demonstrations.

Where the planting or removal of one or more trees is done by and at the cost and expense of any person pursuant to a permit issued by the commission, said planting or removal shall be accomplished in compliance with the specifications as set forth in the permit.

Where the planting or removal of any one or more trees is done by any person in and along any street or park, at his own cost and expense, pursuant to the written direction of the commission, which planting or removal is accomplished in compliance with the specifications and directions of the commission.

The commission shall determine the species, quantity, quality and manner of planting and removal, and whether it is in the best interest of the public to require the commission or owner of the real estate in front of which any such tree or trees shall be planted or removed, to perform or otherwise be responsible for the performance of the actual planting or removal.

The owner or developer of a property, including new construction, whether residential or commercial, except on county or State roads, shall plant new shade trees at intervals of 35 feet or at such intervals which are reasonable pursuant to the direction of the shade tree commission. In the event that the property shall be a corner property, then this chapter shall be enforced on all sides of the property fronting streets. Measurements shall be taken by the commission and the commission will disregard existing trees in the event that they die from excavation trauma. The specifications of such trees shall be determined by the commission, and the sum of up to $700 per tree will be deposited in escrow with the borough by either cash or bond. All shade trees shall be planted pursuant to the approval of the commission. All trees are to be planted according to the ANSI 300 Transplanting Standards. In the event that within two years of the certificate of occupancy or planting, the shade tree shall demise or go into serious decline, then in that event the shade tree commission shall replace the subject tree using the escrow monies set forth herein. At the end of the escrow period, the balance of monies available shall be returned to the person who posted the escrow.

(Reserved)

The owner or developer of a property for demolition or new construction, whether residential or commercial, except on county or State roads, shall deposit in escrow with the borough by either cash or bond, the sum of up to $1,500 for each shade tree already existing on the property before demolition or construction, whichever is applicable. This money will be held for a period of four years from the date of issuance of the certificate of occupancy. The owner/developer shall protect these trees according to section ST1-7. All shade trees which die or go into serious decline within four years after the date certificate of occupancy being issued, shall be removed by the shade tree commission and replaced using the escrow monies set forth in paragraph g. All trees are to be planted according to the ANSI 300 Transplanting Standards. At the end of the escrow period, the balance of monies available shall be returned to the person who posted the escrow.

§ ST1-5 OBSTRUCTIONS.

[Ord. #ST-1, S5; Ord. #9206, SI; Ord. #2005-12]

No person shall, without a permit, place or maintain in any street or park, any stone, cement, asphalt or other sidewalk; or any stone, cement, asphalt or other substance which shall impede the free access of air and water to the roots of any tree.

Where any trees are surrounded by pavement of stone, cement, asphalt or any other substance tending to impede the free access of air and water to the roots of the tree, no portion of such pavement shall be nearer to any portion of the base of the trunk than five feet. In the course of demolition or construction or repairs to the property, no person shall pile any debris against any shade tree. For purposes of the provision, debris shall include soil, rocks, tools, construction materials or the like.

§ ST1-6 INJURY.

[Ord. #ST-1, S6; Ord. #2005-12]

No person shall place salt, brine, oil, rinse-water from cleaning out concrete mixing vessels and tools, or any other substance injurious to plant growth, in any street, park or right-of-way in such a manner as to injure any tree.

No person shall build any fire or station any tar kettle, road roller, fuel oil dispensing truck or other engine in any street or other place in such a manner that the heat, vapors, fuel or fumes therefrom may injure any tree.

Every person having or maintaining any gas lines in any street or park shall maintain such lines in such a manner as will safeguard the trees against any damage therefrom and shall make periodical adjustments whenever necessary to prevent damage to trees.

§ ST1-7 PROTECTION.

[Ord. #ST-1, S7; Ord. #2005-12]

In the erection, alteration or repair of any structure or building, the owner, contractor or other person in charge thereof shall place such guards around all nearby trees as will effectually prevent injury to such trees.

No person shall do any excavating within five feet of any tree without a permit. To prevent the accumulation of debris against any shade tree in the course of construction or demolition, a barrier of orange, plastic snow fencing shall encircle the tree maintaining a radius of five feet.

No person shall use or operate any power shovel, bulldozer or any other implement, machine or tools in such a manner as to damage or destroy any tree.

In the course of demolition or construction, to protect those trees deserving of preservation, the upper six inches to eight inches of soil surrounding the tree to a distance of five feet from the trunk or out to drip-line should be kept moist.

§ ST1-8 WIRES.

[Ord. #ST-1, S8; Ord. #9206, SI]

No person shall string any wire in or through a public park without a permit.

Every person having or maintaining any electric, telephone, telegraph or other wires running in or through a street or park, shall securely fasten and maintain such wires in such a manner as will safeguard all trees against any damage therefrom and shall make periodical adjustments whenever necessary to prevent damage to all trees.

No person shall, without a permit, attach or fasten any wire, insulator or other device for holding any wire to any tree.

Whenever the commission shall deem it necessary to prune or remove any tree, any person having a wire running in or through any street or park shall temporarily remove such wire within 24 hours after service upon the owner of said wire, or his agent, of a written notice to do so.

Any utility company or its agents may, with prior permission from the commission, prune and remove trees for line clearance of utility wires.

Where street trees are growing into utility wires, the property owner shall be responsible for making direct requests for relief from the utility company maintaining such wires. The commission is not entitled to prune trees in such situations, but rather, the utility company may prune the tree without prior permission from the commission.

§ ST1-9 PARKS.

[Ord. #ST-1, S9]

In order to preserve, protect and encourage plant life and/or arboriculture in and upon public parks, the following restrictions shall be observed:

No person shall enter upon any portion of the lawn or ground within a public park or other public place when notified by a sign placed in such a park or public place, or by a guardian of such park or public place, or by a police officer, not to enter upon such lawn or ground.

No person shall leave or deposit any paper or other waste material in any public park, except in such receptacles as may be provided therein for that purpose.

No person shall, except at such time and under such regulations as may be designated by the commission, play at any game in a public park.

No person shall, without a permit, place any booth, stand or other structure, or station wagon, car or other vehicle in any public park, except in the area prescribed.

No person shall offer any article for sale, display any advertising device or distribute any commercial circulars or cards in a public park.

§ ST1-10 HINDRANCE.

[Ord. #ST-1, S10]

No person shall prevent, delay or in manner interfere with the commission or its authorized agents in the performance of their lawful duties.

§ ST1-11 PENALTIES AND REPLACEMENT.

[Ord. #ST-1, S11; Ord. #9206, SI; Ord. #2005-12; Ord. #2008-08]

Any person, whether interested directly or indirectly as owner, lessee, tenant or otherwise, shall, upon being found in violation of any provisions thereof, be subject to a minimum fine of $100 per day for each such violation and up to a maximum of $1,000 per day for each such violation. Each tree involved shall constitute a separate violation.

The commission may require a person who removes or otherwise destroys a tree in violation of a municipal ordinance, to pay a replacement assessment to the municipality. The replacement cost shall be the value of the tree as determined by the appraisal of a trained forester or certified tree expert retained by the commission for that purpose. In lieu of an appraisal, the commission may adopt a formula and schedule based upon the number of square inches contained in a cross section of the trunk of the tree multiplied by a predetermined value per square inch, not to exceed $27 per square inch. The square inch cross section shall be calculated from the diameter at breast height and if there is a multiple stem tree, then each trunk shall be measured and an average shall be determined for the tree. For the purposes of the chapter, "diameter at breast height" shall mean the diameter of the tree taken at a point 4 1/2 feet above ground level. The commission shall modify the value of the tree based upon its species variety, location, and its condition at the time of removal or destruction. The replacement assessment for any one tree shall not exceed $5,000.

§ ST1-12 SEPARABILITY CLAUSE.

[Ord. #ST-1 S12; Ord. #9206, SII]

Should any section, part or provision of this chapter be held unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole or any part thereof other than the part so held unconstitutional or invalid.

§ ST1-13 MANNER OF COMPLIANCE.

[Ord. #ST-1, S13]

For the purposes of this chapter, any planting or removal as herein mentioned shall be accomplished in such manner as is reasonable calculated to create the least possible obstruction or interference with the public right-of-way.