[1972 Code § 34-1]
a. 
In adopting this chapter the City of Bayonne finds that the indiscriminate, uncontrolled removal and cutting of trees causes increased drainage control costs, increased soil erosion and sedimentation, decreased soil fertility, degradation of water resources, decreased ground water recharge, increased build-up of atmospheric carbon and increased dust which impacts the character of the City and decreases property values, all of which can adversely affect the health, safety and general welfare of the inhabitants of the City.
b. 
It is the intention of the City of Bayonne to control the cutting, removal and destruction of trees within the City, thereby preserving the maximum number of trees for the purposes stated herein.
[1972 Code § 34-2]
As used in this chapter:
DRIP LINE
Shall mean the line formed by water dripping from the outermost branches of a tree.
EMERGENCY
Shall mean any event, disease or condition which has damaged or destroyed a tree, such that the continued presence of such damaged or destroyed tree imminently threatens life or property in proximity thereto.
OWNER
Shall mean any person (defined herein) having title or lawful possession of any lot, plot or parcel of land within the City.
PRIVATE TREE
Shall mean any tree located on private land within the City of Bayonne.
PROTECTIVE BARRIER
Shall mean a barrier constructed to protect the root system or trunk of a tree from damage.
PUBLIC TREE
Shall mean any tree located on lands owned or leased by the City of Bayonne or any of the public entities or subdivisions created by the City of Bayonne, including, but not limited to Board of Education, Housing Authority, Municipal Utility Authority and Local Redevelopment Authority.
ROOT SYSTEM
Shall mean tree roots within the drip line perimeter.
TREE
Shall mean any of the following:
a. 
Any living deciduous tree having a trunk of greater than two inches diameter measured four feet from ground level. A deciduous tree is a tree which sheds foliage at the end of the growing season, or some other specific stage of the growing season;
b. 
Any living coniferous tree having a trunk of greater than four inches diameter measured four feet from ground level. A coniferous tree is a cone bearing tree, (for example, an evergreen is a coniferous tree).
c. 
Any living dogwood (cornus florida) or American Holly (ilex opaca) having a trunk of one inch or greater diameter at four feet from ground level.
[1972 Code § 34-3]
a. 
No person shall remove, destroy, or cause or allow any living tree to be removed or destroyed without first obtaining a permit.
b. 
No person shall with intent to cause injury to any living tree: (i) girdle any living tree; (ii) place salt, brine oil, chemicals or other substances injurious to plant growth within the drip line, or in any other place or manner, with intent to injure any living tree growing thereon or nearby.
c. 
No person shall alter the existing grade surrounding any tree by more than six inches without constructing an appropriate masonry well or wall to provide retention of the original grade around the tree. Such masonry structure shall encircle the tree at a distance of at least three feet.
d. 
The provisions of this subsection shall not apply to private trees located in the rear yard or backyard of any private land located in the City of Bayonne.
[1972 Code § 34-4; Ord. No. O-09-28 § 2]
a. 
Prior to removal or destruction of any living tree preserved by this ordinance, any person desiring such removal or destruction must obtain a permit for said action by filing an application with the Bureau of Building on a form prescribed by the Bureau Buildings. However, if a tree must be removed or destroyed due to an emergency as defined herein, then the Bureau of Building shall be notified of the removal in writing within five working days of removal.
b. 
The application for a permit shall identify the lot or tract of land upon which the living tree(s) are located; and shall disclose: (i) name and address of the owner and/or the tenant or duly authorized agent of the owner; (ii) an indication of whether or not the applicant is a public utility; (iii) the actual location, species and diameter of the trees to be removed or destroyed; (iv) the location of any existing buildings or construction; and (v) the reason for the requested removal or destruction.
c. 
The Bureau of Building shall charge any person a $20 fee upon the filing of a completed application. However, no fee shall be charged to obtain a permit for the removal or destruction of a diseased tree, or a tree that must be removed due to an emergency, as defined herein.
[1972 Code § 34-5; New; Ord. No. O-09-28 § 2]
a. 
Upon the filing of a complete application with the Bureau of Building, the tree supervisor, shall:
1. 
Examine the premises and physical condition of the land in the vicinity of the premises;
2. 
Inspect the tree(s) referred to in the application, and the physical conditions of the lands in the vicinity thereof.
b. 
After completing the examination, the Tree Supervisor shall determine whether or not the permit should be granted in accordance with the following standards:
A living tree may be removed from the following areas, or under the following circumstances:
1. 
The tree is in an area to be occupied by a building, driveway, street, utility easement, or other improvement to a property (i.e. swimming pool, deck or patio) or the tree is within a distance of 10 feet of such area.
2. 
The tree is so diseased or infested as to be a danger to other trees in the community, as determined by the Tree Supervisor.
3. 
The presence of the tree is the cause of hardship or danger to the property owner or the general public, as determined by the Tree Supervisor.
c. 
The determination of the Tree Supervisor shall be endorsed upon the application. The Tree Supervisor shall indicate why the permit should, or should not be granted. The endorsed application shall be returned to the Bureau of Building which shall issue or deny the permit, based upon the determination of the Tree Supervisor within one week of receipt of the Tree Supervisor's determination.
d. 
Any applicant for a permit may appeal an adverse permit determination. The appeal shall be made by filing written notice with the City Clerk within 10 days after receipt of notification by the Bureau of Building. The Municipal Council shall, upon notice to the applicant, hear the appeal within 30 days after filing the appeal. The Municipal Council may affirm, reverse or modify the permit determination. The decision of the Municipal Council shall constitute the final administrative determination of the application.
e. 
Applications for removal of trees on County roads or streets are subject to the provisions of this chapter except that actual tree removal shall be performed by the County of Hudson or its designee.
[1972 Code § 35-6; Ord. No. O-12-14; Ord. No. O-12-28]
a. 
Any person who has received a permit to remove a tree pursuant to this chapter, or caused the removal or destruction of a tree preserved by this chapter from a parcel of land in the City shall pay a fee of $250 to the City of Bayonne and shall replant a tree on that same parcel. Such tree will have a minimum size of two inches to 2.5 inches caliper. Replanting shall be carried out in accordance with the New Jersey Department of Environmental Protection, Division of Parks and Forestry, Forestry Services practices regarding Urban Forestry.
b. 
If any person does not replace a removed or destroyed tree, as mandated by this subsection such person shall pay a fee of $250 to the City of Bayonne. All fees collected shall be deposited into a fund established by the City for the sole purpose of replanting trees within the City of Bayonne.
c. 
If a tree is replanted in accordance with the mandates of this chapter, and the tree dies within one growing season (typically one year) of planting, no additional permit fee shall be charged.
[1972 Code § 34-7]
a. 
If a private tree, or any part of a private tree, along any street becomes dangerous or hazardous to public safety, the owner of the property upon which the private tree stands shall remove the private tree, or part of the private tree, at the owner's expense, upon receipt of written notification from the City.
b. 
If the owner fails to remove the private tree or portion thereof within 10 days of receipt of written notice to do so, the work shall be performed by the City under the supervision of the Forestry Division who shall certify the cost to the Municipal Council.
c. 
Upon receipt of the certified costs, the Municipal Council shall examine them and, if found to be correct, shall cause the costs to be charged against the lands. If the Municipal Council finds the costs to be excessive it shall cause reasonable costs to be charged against the lands. The amount so charged shall become a lien upon the lands and shall be added to and become part of the taxes next to be assessed and levied upon the lands. Same shall bear interest as other taxes and be collected and enforced by the Tax Collector in the same manner as taxes.
[1972 Code § 34-8]
It shall be unlawful to commit any of the following acts against any public tree without prior written permission from the public entity responsible for the public tree:
a. 
Cut, prune, break, injure, alter or remove any public tree; or cut, unduly disturb, or interfere in any way with any root of a public tree.
b. 
Spray any public tree with a chemical.
c. 
Fasten any rope, wire, sign or other device to a public tree or to any guard about a public tree.
d. 
Remove or injure any guard or device placed to protect any public tree.
e. 
Close or obstruct any open spaces found about the base of a public tree which permits the base or roots of a public tree access to air, water and/or fertilizer.
f. 
String any wires or lines through a public park.
g. 
Any public utility required to prune any public trees so that it can obtain required line clearances for overhead utility wires may perform pruning after filing annually for a permit to perform pruning. The public utility must still notify the City when pruning activities will take place. The fee for the annual permit shall be $100.
[1972 Code § 34-9; Ord. No. O-09-28 § 2]
a. 
The requirements of this chapter shall be enforced by the Tree Supervisor of the Forestry Division or his designee, the Construction Official or his designee, the Health Officer or his designee, or members of the Bayonne Police Department, who shall seek penalties as provided in this chapter.
b. 
Any enforcing agent may issue a stop work order for any tree work or other activity (except those on an emergency basis) which he believes is undertaken in violation of any provision of this chapter. The order shall be issued verbally and followed up in writing as soon as practicable to any person engaged in such tree work or such activity in violation of this chapter. If no such person is present upon the property, then the stop work order shall be made to the owner of the property. No tree work or other activity may be resumed until a permit is obtained.
c. 
Any person violating the provisions of this chapter shall, upon conviction, be liable for the penalty stated in Chapter 1, Section 1-5.
d. 
It shall not be a defense for any person charged with violating this chapter to state that he or she believed that a permit had been obtained. In the case of unauthorized removal or destruction of a tree, such person shall replace each tree destroyed or removed in violation of this chapter, with another tree of like or superior species, as determined by the Tree Supervisor, at least three inches in diameter measured at a point four feet from ground level.
e. 
Each tree or part thereof destroyed or removed in violation of this chapter shall be considered a separate offense.
f. 
Any person who damages any public tree(s) shall be responsible for the cost of repair or replacement of the public tree(s). In addition to the penalties set forth herein, any person who damages any public tree shall pay the City the cost of repair or replacement within 30 days of presentment of an itemized bill for the costs. Failure to pay the repair or replacement cost within 30 days of presentment shall subject the person to the penalties described above. In addition the City may pursue any available civil remedy to collect the bill for damages to any public tree.
[1972 Code § 34-10]
The Tree Supervisor shall report to the Mayor and Municipal Council on an annual basis, the number of permits granted and refused in each calendar year pursuant to this chapter. Such report shall be supplied by March 31st annually for the preceding year.