[Ord. #460; 1972 Code § 83.1]
It is the stated policy of the Borough, and of its Governing
Body, that existing natural features in the Borough, including streams,
ponds, trees and the natural configuration of the ground, shall be
retained wherever possible.
[Ord. #460; 1972 Code § 83-2]
Unless specifically exempted herein, a property owner desiring
to change any such natural feature, which shall include removal of
soil from the premises, shall indicate the same by way of an application
supported by appropriate engineering documentation, which application
shall recite the reasons for the proposed changes.
[Ord. #460; 1972 Code § 83-3]
If the aforesaid application shall be in connection with proposed
construction, it may be submitted as a portion of the application
for a building permit. In all other cases, the application shall be
submitted to the Planning Board.
[Ord. #460; 1972 Code § 83-4]
In all cases involving the removal of trees having a trunk circumference
in excess of 9 1/2 inches, measured two feet above the ground,
the application shall be referred to the Shade Tree Commission, which
shall render a written report within 30 days after the referral.
[Ord. #460; 1972 Code § 83-5]
Permits for removal of trees shall be granted as a matter of
course in areas to be occupied by buildings, driveways or recreation
areas, and within a distance of 15 feet around the perimeter of such
structures. Permits for tree removal shall otherwise be granted if
the presence of such trees causes actual or potential hardship or
endangers persons or property or substantially interferes with a permitted
use of property, or if the proposed removal of trees is to be performed
in a selective manner consistent with the public interest, such as
thinning a heavily wooded area.
[New]
Except as provided in Section 17-1.4, upon a determination by the Planning Board that the proposed changes will not be detrimental to the health, safety or welfare of the Borough or its inhabitants, the application for change to the natural features shall be approved.
[Ord. #460; 1972 Code § 83-6]
No building permit shall be issued until a written plan of any
change in natural features has been approved.
[Ord. #460; 1982 Code § 83-7]
No material, machinery or temporary soil deposits shall be placed
within six feet of any existing tree trunk or stem. Where regrading
shall have been approved, such approval may be conditioned upon the
welling of existing trees.
[Ord. #460; 1972 Code § 83-8]
The provisions of this section shall not apply to a homeowner
who wishes to remove trees from the lot upon which he actually resides,
provided always that this exemption shall not apply to the removal
or cutting of trees upon any public right-of-way.
[Ord. #460; 1972 Code § 83-9]
This section shall be enforced by the Mayor or Code Enforcement
Officer.
[Ord. #460; 1972 Code § 83-10]
Violations of this section shall constitute disorderly persons
offenses, and shall be punishable in accordance with the Statutes
of New Jersey. In addition, the Borough shall have the right to seek
injunctive relief in the event of any threatened violation.
[Ord. #460; 1972 Code § 83-11]
Any applicant aggrieved by the provisions of this section, or
by the decision of any officer or body pursuant hereto, shall have
the right to appeal to the Zoning Board of Adjustment.
[Ord. #511; 1972 Code § 33-6]
As used in this section:
Shall mean every person, firm, association, partnership and
corporation.
As applied to public utility companies shall mean poles,
wires, cables, subsurface conduits, pipes, manholes and appurtenant
facilities of such companies installed in a street.
Shall mean a public utility as defined in the Revised Statutes
of the State of New Jersey (N.J.R.S. 48:2-13).
Shall mean shade and ornamental trees and shrubbery situate
or which may hereafter be situate in any public highway, park or parkway.
Shall mean the Shade Tree Commission of the Borough of Brielle.
Shall mean:
[Ord. #511; 1972 Code § 33-7]
a.
It shall be unlawful and a violation of the provisions of this section
for any person or persons to prune or cut a shade tree without the
consent of the Shade Tree Commission.
b.
It shall be unlawful and a violation of the provisions of this section
for any person or persons to injure, tamper, willfully break, destroy
or remove any highway shade tree.
[Ord. #511; 1972 Code § 33-8]
No person shall do any of the following acts to any tree on
a street without the prior permit of the Shade Tree Commission:
a.
Cut, prune, climb with spikes, break, damage or remove or kill.
b.
Cut, disturb or interfere in any way with any root.
c.
Spray with any chemical.
d.
Fasten any rope, wire, sign or other device. (Nothing herein shall
prevent any governmental agency from affixing, in a manner approved
by the Shade Tree Commission, a public notice upon a tree in connection
with administering governmental affairs.)
e.
Remove or damage any guard or device placed to protect any tree or
shrub.
f.
Conduct razing, removal or renovation of any structure if deemed
by the Commission to be damaging to neighboring street trees.
g.
Place or distribute chemicals, including but not limited to salt,
deleterious to tree health.
h.
Maintain a stationary fire or device which vaporizes noxious fumes
deleterious to tree health.
i.
Disturb soil in any manner that will disturb a root system.
j.
Construct new sidewalks and/or driveways with any material whatsoever
within five feet of a tree.
k.
Plant a tree or shrub.
l.
Plant and/or maintain any tree(s) or shrubbery extending over any
portion of a sidewalk and/or right-of-way unless such tree(s) or shrubbery
extending over vehicular roadways has a minimum clearance of 13 1/2
feet and such tree(s) or shrubbery extending over pedestrian roadways
has a minimum clearance of eight feet.
[Ord. #511; 1972 Code § 33-9]
a.
The Shade Tree Commission may grant to public utility companies a
blanket permit for tree pruning for line clearance and for the installation
and maintenance of subsurface and aboveground plant construction if
there is interference with or endangerment to street trees.
b.
Public utility companies may, during periods of emergency, without
specific prior permit, install temporary attachments to trees and
make emergency subsurface repairs.
c.
Each public utility company shall exercise reasonable diligence in
the maintenance of its plant construction so as to avoid damage to
trees under the jurisdiction of the Brielle Borough Shade Trade Commission.
[Ord. #511; 1972 Code § 33-10]
a.
Application for a permit for removal or destruction, as defined in
this section, shall be made directly to the Shade Tree Commission
and shall contain the name of the applicant, the location of the property,
a plot plan where a building(s) is to be erected and, in addition
thereto, the purposes for which the application is being made. The
following shall be considered to be a legitimate purpose for the removal
of a tree:
b.
Prior to the issuance of a permit, the lands covered by each application
shall be viewed by a member of the Shade Tree Commission who shall
inspect the same as to the trees which are the subject of the application,
as well as other physical conditions existing on the property. The
Shade Tree Commission shall then issue a permit upon finding that
the destruction and/or removal to be permitted would not impair the
growth and development of the remaining trees on the property of the
applicant or the adjacent properties, would not cause soil erosion,
would not impair the existing drainage patterns, would not lessen
property values in the neighborhood and would not substantially impair
the aesthetic values of the area.
[Ord. #511; 1972 Code § 33-11]
Requests for permits required by the provisions of this section
for the performance of work should be directed to the Shade Tree Commission,
Borough of Brielle, Monmouth County, New Jersey.
[Ord. #511; 1972 Code § 33-12]
[Ord. #511; 1972 Code § 33-13]
This section shall not be deemed to be a repeal of any existing
ordinances or parts of ordinances other than those expressly repealed
hereby, and shall be deemed to be in addition and supplemental to,
and not in conflict with, prior or existing ordinances of this Borough,
and shall be additional provision for the regulation and control of
highway shade trees.
