The Borough Council of the Borough of Montvale does find and determine that:
A. 
Indiscriminate and uncontrolled tree removal upon lots and tracts of land within the Borough contributes to drainage problems, increased soil erosion and dust conditions, tending to decrease property values and adversely affects the public health, safety and general welfare of the community.
B. 
The Borough desires to control and regulate tree removal and to preserve the appropriate number of trees during the course of development of lots or parcels of land.
C. 
This chapter is not intended to directly affect those property owners not involved in construction activities.
A. 
Tree removal as set forth in this article shall be prohibited within the "tree preservation zone," which is defined as the area between the lot or parcel perimeter property lines and the front, side and rear building setback lines as established in each zoning district. Notwithstanding the foregoing, the tree preservation zone shall not include any area within five feet of the boundary of any primary or accessory structure on the property.
B. 
Except as may be otherwise set forth in this chapter, no applicant, developer, contractor or other person or entity shall cut down or remove trees of a caliper of six inches or greater measured 4.5 feet above the high side of existing grade within the tree preservation zone as part of a site plan, subdivision or building addition application without first obtaining a tree removal permit from the Construction Code Official or the reviewing board, as appropriate to the application, in accordance with this article.
C. 
The Construction Official shall adopt a standard application form for use by applicants seeking a tree removal permit, whether such application is made to the Construction Official or to the reviewing board.
D. 
In the case of site plan and subdivision applications, the reviewing board shall request recommendations from the Environmental Commission on tree removal prior to any board decision. For applications not subject to board review, the Construction Official shall request the recommendations of the Montvale Environmental Commission before issuing a tree removal permit.
E. 
A site survey or other reasonably sufficient plan or drawing showing the tree removal limits shall be provided for review and approval with the tree removal application. In evaluating the application, the Environmental Commission shall consider the following:
(1) 
Light and air flow.
(2) 
Property screening, both from public roadways and neighboring properties.
(3) 
Relative size and health of trees and benefits/detriments to removal.
(4) 
Proposed distribution of tree species.
(5) 
Potential safety hazards among existing trees.
(6) 
Number and density of remaining trees.
(7) 
Property circulation (walkways, driveways, etc.).
F. 
The Montvale Environmental Commission shall submit a letter to the Construction Official, or the reviewing board, as appropriate to the application, describing the Commission's recommendations as to permitted tree removal limits. The final determination on the tree removal permit shall be within the jurisdiction of the Construction Code Official or the reviewing board, as appropriate to the application.
G. 
Time frame for action.
(1) 
The Environmental Commission shall submit its review letter within five days of its next regularly scheduled meeting following the Borough's receipt of a completed application, if the application is received at least 10 days prior to said meeting, or within five days of its second regularly scheduled meeting following the Borough's receipt of a completed application, if the application is received fewer than 10 days prior to its next regularly scheduled meeting.
(2) 
Nothing in this section shall prohibit the Environmental Commission from holding a special meeting for purposes of complying with the time frames set forth this in article, nor shall the Environmental Commission be prohibited from considering and acting upon an application received fewer than 10 days prior to its next regularly scheduled meeting.
(3) 
If the Environmental Commission does not submit its review letter in accordance with the time frames set forth in this section, the Construction Official or the reviewing board, as appropriate to the application, shall have the authority to apply and enforce the provisions of this article.
H. 
In connection with the submission of a site plan, subdivision or building addition application, the applicant shall be required to detail any tree-removal activities undertaken on the property within the past 12 months. If any trees were removed during said twelve-month period that would have been impermissible under this article as part of such application, the Montvale Environmental Commission shall review such activities and recommend compensatory plantings consistent with this article.
[Amended 12-14-2023 by Ord. No. 2023-1548]
The following shall be exempt from the requirements of this article:
A. 
Residential lots containing an existing dwelling that are not subject of a site plan, subdivision or building addition application.
B. 
Any property or planned unit development which is in a zone which requires the provision of affordable housing or any property or planned unit development which proposes the construction of affordable housing.
C. 
Tree removal within the tree preservation zone to allow for the following:
(1) 
Driveway or roadway access from an existing road frontage.
(2) 
Any portions of the property which may otherwise permissibly be utilized pursuant to the Borough's zoning regulations for off-street parking and/or accessory structures.[1]
[1]
Editor's Note: See Ch. 400, Art. VII and Art. VIII.
(3) 
Land grading necessary to establish the appropriate proposed grade elevations to foster proper drainage and construction of the proposed building or buildings on a lot or parcel.
(4) 
Construction or installation of underground utilities that serve the building or buildings.
(5) 
Removal of trees that are dead, dying or diseased, or trees that have sustained significant storm damage, or trees that due to their location or physical condition render them a hazard to structures, vehicles and/or people.
(6) 
Removal of any tree with a caliper below six inches measured from 4.5 feet above the highest side of existing grade.
(7) 
Any tree growing in the public right-of-way or on publicly owned land or property.
(8) 
Tree removal as part of a municipal, county or state agency or authority improvement project.
(9) 
Commercial nurseries, Christmas tree plantations and farming activities requiring tree removal.
(10) 
Any trees hindering sight triangles from property or impeding proper sight distances.
In the event that preservation of existing trees within any designated tree preservation zone which would otherwise have been recommended to remain is impossible or impractical based on the proposed development, compensatory plantings shall be required for each live tree within the tree preservation zone being removed. Compensatory plantings shall be made on a one-for-one basis on the project lot or parcel with each compensatory tree being two-inch-caliper minimum. The Montvale Environmental Commission will review and recommend compensatory planting as a result of actions described in this chapter. No compensatory plantings shall be required for trees that are being appropriately designated for removal based upon the review of the Montvale Environmental Commission.