Borough of Tenafly, NJ Trees

Prior ordinance history: Ordinance Nos. 97-29, 98-08, 00-11, 01-11, 03-19, 04-19, 04-24, 06-26, 08-01.

[Ord. No. 13-07]

This section shall be known as the "Tree Removal and Protection Regulations of the Borough of Tenafly."

Findings and Purpose. The Borough Council finds: that the preservation, protection and planting of trees aids in the stabilization of soil by the prevention of erosion and sedimentation; reduces stormwater runoff and the potential damage it may create; aids in the removal of pollutants from the air and assists in the generation of oxygen; provides a buffer and screen against noise and pollution; helps to decrease the amount and rate of stormwater runoff and to replenish groundwater supplies; acts to moderate extremes of temperature and to provide shade; aids in the control of drainage and restoration of denuded soil subsequent to construction or grading; provides a haven for birds and other wildlife and otherwise enhances the environment; protects and increases property values; conserves and enhances the Borough's physical and aesthetic appearance; and generally protects the public health and safety as well as the general welfare.

§ 26-1.2 Definitions.

[Ord. No. 13-07; Ord. No. 2018-01]

The following definitions shall apply to this section:

ACCESSORY BUILDING

Shall mean a building or structure the use of which is incidental to that of the main building and which is located in the same property.

BUFFER AREA

Shall mean the area along the side yard or rear yard of any lot within: (a) five feet of the property line in the R7.5, R9, and R10 Zones; (b) 10 feet of the property line in the R20 Zone; and (c) 20 feet of the property line in the R40 Zone.

DEVELOPMENT

Shall mean the expansion or construction of any structures on residential or nonresidential property that does not qualify as a home improvement under this subsection.

DRIP LINE

Shall mean an imaginary line on the ground beneath a tree, the location determined by extending a vertical line from the outermost branches of a tree to the ground.

EXISTING RESIDENCE

Shall mean a residential dwelling for which a Certificate of Occupancy has previously been issued.

HAZARDOUS TREE

A tree that possesses a structural defect, as determined by a tree specialist, that may cause the tree, or part of the tree to fall on a target, and the condition is determined to be imminent. Property owners are responsible for the trees on their property.

[Amended 9-2-2021 by Ord. No. 21-14]

HOME IMPROVEMENT

Shall mean any expansion or addition to an Existing Residence or for the construction of improvements such as, but not limited to, any garage, pond, patio, deck, driveway, sidewalk, or accessory building, on any residential lot(s) upon which there is an Existing Residence. For the purposes of this section, the construction of a tennis court or a swimming pool shall not be considered a "Home Improvement."

LANDMARK TREE

Shall mean any tree designated and identified as such by the Mayor and Council pursuant to the standards set forth herein.

MAJOR TREE

Shall mean a deciduous tree with a mature height of at least 50 feet which should be a caliper of at least three to 3 1/2 inches measured at six inches above the ground when planted, such as:

Common Name/Scientific Name
Red maple/Acer rubrum
Sugar maple/Acer saccharum
Sweet gum/Liquidambar styraciflua
London plane/Platanus x acerifolia
American sycamore/Platanus occidentalis
White oak/Quercus alba
Pin oak/Quercus palustris
Red oak/Quercus rubra
American elm/Ulmus americana
Copper beech/Fagus sylvatica v. purpurea;
Or other major tree approved by the Borough or any of a group of conifer trees of 6 inches or greater at time of removal as defined herein below.

MAJOR TREE REMOVAL PERMIT APPLICATION

Shall mean an application to remove 20 or more trees from a single lot.

MINOR TREE

Shall mean an evergreen tree, ornamental tree or other small tree at least eight feet in height at time of planting, such as:

Common Name/Scientific Name
Birch/Betula
Dogwood/Cornus
Japanese maple/Acer palmatum
Cherry/Prunus
Crabapple/Malus
Magnolia/Magnolia
Ornamental Pear/Pyrus calleryana "Chantcleer" or "Redspire"
Or any of a group of conifers such as:

Common Name/Scientific Name
Cedar/Cedrus
Cypress/Cupressus
Arborvitae/Thuja
Cryptomeria/Cryptomeria
Dawn redwood/Metasequoia glyptostroboides
Fir/Abies
Spruce/Picea
Larch/Larix
Pine/Pinus
Or other minor tree approved by the Borough.

MINOR TREE REMOVAL APPLICATION

Shall mean an application to remove less than 20 trees from a single lot.

PERSON

Any individual, group, company, firm, corporation, partnership, association, society or other legal entity owning a parcel of real property.

[Amended 9-2-2021 by Ord. No. 21-14]

PRINCIPAL BUILDING

Shall mean the main building constructed for occupancy or use on the property.

SPECIES

Shall mean for the purposes of this section, the common name of the tree.

STRUCTURE

Shall mean a combination of materials forming a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.

TARGET

Shall mean a person or object that would be injured or damaged. Examples are structures, vehicles, people and property.

TREE SPECIALIST

A certified/licensed tree expert (CTE/LTE) by the State of New Jersey.

[Added 9-2-2021 by Ord. No. 21-14]

§ 26-1.3 Permit Required.

[Ord. No. 13-07]

No person shall cut down or remove any tree of a caliper of six inches or greater measured at a height of 4 1/2 feet above the ground or engage in any site clearing without a tree removal permit.

[Amended 9-2-2021 by Ord. No. 21-14]

No person shall remove any tree for the construction or contemplated construction (six months from applying for tree permit) of any building, building addition, driveway, recreation area, patio or anything else for which a construction or zoning permit is required until a tree removal permit has been obtained from the Borough.

No person shall remove any tree designated as a Landmark Tree pursuant to the standards set forth herein without the prior approval of the Mayor and Council.

Prior to the removal of any tree of a caliper of six inches or greater measured at a height of 4 1/2 feet above the ground that is located within the buffer area as defined herein, the property owner or any other person must first obtain a tree removal permit from the Borough and satisfy the tree mitigation requirements contained herein.

§ 26-1.4 Application Procedure.

[Ord. No. 13-07]

Application for a tree removal permit for site clearing or other tree removal purposes pursuant to an approved development application shall be made by submission of the following:

An original of an application on forms provided by the Borough containing the following information: name and address of the applicant; the street address and tax lot and block of the property in question; the number of trees to be removed; and such other information as may be required.

[Amended 9-2-2021 by Ord. No. 21-14]

An original of a tree removal plan consisting of a map drawn to scale showing the location of all trees on the property of a caliper of six inches or greater, and the location of all trees to be removed, the species of such trees, and their caliper. The tree removal plan must be prepared, signed and sealed by a licensed professional engineer or land surveyor, and must show the location of all existing and proposed structures on the property, together with the distance, up to 15 feet, that trees proposed to be removed are located from such structures and from property lines.

[Amended 9-2-2021 by Ord. No. 21-14]

An original of a tree mitigation plan, if mitigation is required pursuant to Subsection 26-1.6d hereof, consisting of a map drawn to scale showing the location of all trees to be planted, the species of such trees and their caliper or size as required.

[Amended 9-2-2021 by Ord. No. 21-14]

An original of a separate list of the trees to be removed identifying each tree on the tree removal plan by species and caliper, and stating the condition of each tree as "dead," "hazardous, dying/in state of decline," "fair," or "good," and further explaining why removal is felt justified under the standards of this section.

[Amended 9-2-2021 by Ord. No. 21-14]

The applicant shall place a one-inch-wide red ribbon around the trunk of each tree to be removed at a height of 4 1/2 feet above the ground so that the proposed tree removal may be inspected in the field.

Application for a tree removal permit for building construction purposes pursuant to subsection 26-1.3b hereinabove shall be made by submission of the following:

An application on forms provided by the Borough containing the following information: name and address of the applicant; the street address and tax lot and block of the property in question; the number of trees to be removed; and such other information as may be required.

A plan consisting of a map drawn to scale showing the location of all trees on the property of a caliper of six inches or greater, and the location of all trees to be removed, the species of such trees, and their caliper. The plan must show the location building, building addition, foundation, driveway, recreation area or any site condition that warrants the proposed tree removal.

The applicant shall place a one-inch-wide ribbon around the trunk of each tree to be removed at a height of 4 1/2 feet above the ground so that the proposed tree removal may be inspected in the field.

Application for a tree removal permit for purposes pursuant to subsection 26-1.3d hereinabove shall be made by submission of the following:

A plan consisting of a map drawn to scale showing the location of all trees within the buffer area of a caliper of six inches or greater, and the location of all trees to be removed, the species and caliper of such trees, and the reason for removing each tree. The plan must show the locations of any buildings, driveways, or other permanent structures.

In the case of an application for a major tree removal permit, the application may be reviewed by the Public Works Director and/or the Borough Engineer. The Code Enforcement Officer will assist with the required site inspections.

[Amended 9-2-2021 by Ord. No. 21-14]

§ 26-1.5 Permit Fees.

[Ord. No. 13-07; 9-2-2021 by Ord. No. 21-14]

The fee for a tree removal permit shall be $25 per tree.

Notwithstanding the above fee schedule, no permit fee shall be required for the removal of a dead or hazardous tree located within the buffer area as defined herein, provided the applicant and/or property owner provides a certification from a tree specialist confirming the condition of the tree, satisfies all of the other requirements of this section and the provisions of Resolution No. R02-194 adopted June 25, 2002.

There shall be an additional fee of $75 for the review of any proposed revision or amendment to a previously approved tree removal permit.

§ 26-1.6 Standards for Application Review.

[Ord. No. 13-07; Ord. No. 2018-01]

The following standards for review of applications shall apply:

Permitted Removal. No tree shall be permitted to be removed unless the tree is:

Located within the building footprint of a proposed principal building.

Located between the curblines of a proposed roadway approved pursuant to Chapter 35 Land Development Regulations of the Borough of Tenafly.

Located within the proposed roadway right-of-way but outside the curbline of a proposed roadway approved pursuant to the Land Development Regulations of the Borough of Tenafly.

Dead or poses a safety hazard, as confirmed by certification of a tree specialist.

[Amended 9-2-2021 by Ord. No. 21-14]

Located within 15 feet of any building.

Located within the area of the proposed driveway, walkway, utility line, accessory building, or any other structure.

Specifically permitted to be removed in a site plan approved pursuant to the Municipal Land Use Law.

Conflict with Other Laws. Notwithstanding anything in this section to the contrary, no tree removal shall be permitted where prohibited by Chapter 35, Article VIII Zoning Regulations or any other municipal, State, or Federal Statute, ordinance or regulation.

Hardship appeal. In the event that an applicant believes the standards set forth in Subsections a and b above constitute a hardship which prohibits a reasonable use of all or substantially all of the property in question, an applicant may seek relief from the Mayor and Borough Council. In the event that such relief is sought, the applicant shall submit an additional 10 copies of the documents required to be submitted together with 10 copies of a written statement as to the reasons for the claimed hardship. In addition, the applicant shall submit a fee for the hearing of the matter in the amount of $100, which fee shall be refunded to the applicant if the hardship is granted by the Mayor and Council. The Mayor and Borough Council, upon submission of a complete application to the Borough Clerk, shall schedule a public hearing in connection with the requested relief. The applicant shall cause to be published in an official newspaper of the Borough a notice setting forth the time, date and place of the hearing to be so held, together with a brief statement of the relief requested. Such notice must be published within 10 days prior to the date of the hearing. Additionally, the applicant shall cause to be served upon all property owners within 200 feet of the property in question, at least seven days prior to such hearing, a similar notice by certified mail, return receipt requested, or by personal service. Proof of publication and service of notice shall be required to be submitted to the Borough Clerk prior to the hearing. At the hearing the applicant may present witnesses under oath and any other interested parties may do the same. All witnesses shall be subject to cross-examination. The decision of the Mayor and Borough Council shall be binding upon the municipal official in charge of enforcement and administration of this section.

[Amended 9-2-2021 by Ord. No. 21-14]

Mitigation. Mitigation for tree removal shall be required as follows:

Mitigation shall be required pursuant to Subsection d of this subsection in the event of tree removal pursuant to Subsection a1, 2, 3, 5, or 6 of this subsection.

[Amended 9-2-2021 by Ord. No. 21-14[1]]

[1]

Editor's Note: This ordinance also repealed former Subsection d1, regarding tree removal mitigation in connection with home improvement, and redesignated former Subsection d2 through 10 as Subsection d1 through 9, respectively.

In the event of tree removal pursuant to Subsection a4 of this subsection, no mitigation shall be required if the tree has been planted for at least five years; there has been no damage to the tree by construction or otherwise by any person; and there has been no soil moving within 15 feet of such tree within five years; otherwise, mitigation shall be required pursuant to Subsection d3 of this subsection.

[Amended 9-2-2021 by Ord. No. 21-14]

For each tree for which mitigation is required, pursuant to Subsection d1 and 2 above of this subsection, the following shall apply:

[Amended 9-2-2021 by Ord. No. 21-14]

(a)

For each tree removed pursuant to the standards of this section, the applicant shall plant a major or minor tree as defined in this section on the property in question:

(1)

If the tree removal permit is applied for in connection with any home improvement, the mitigation requirements shall be as follows:

Caliper of Tree Removed	Number Required for Mitigation	Type of Tree
6 inches to no more than 12 inches	1 tree for every 1 tree removed	Minor
From 12 inches to 18 inches	1 tree	Major
From 18 inches to 24 inches	2 trees	Major
From 24 inches to 31 inches	3 trees	Major
From 31 inches to 41 inches	4 trees	Major
41 inches or greater	5 trees	Major

(2)

If the tree removal permit is applied for in connection with any development that does not qualify as a home improvement, the mitigation requirements shall be as follows:

Caliper of Tree Removed	Number Required for Mitigation	Type of Tree
4 inches to no more than 12 inches	1 tree for every 1 tree removed	Minor
From 12 inches to 16 inches	1 tree	Major
From 16 inches to 18 inches	2 trees	Major
From 18 inches to 24 inches	3 trees	Major
From 24 inches to 30 inches	4 trees	Major
30 inches or greater	5 trees, plus 2 additional trees for each 5 inches diameter, or part thereof over 30 inches	Major

(b)

The caliper of trees with multiple trunks shall be calculated by multiplying the caliper of the larger trunk by 1.5 times.

(c)

In the event the applicant asserts the planting of trees on the property in question would be inappropriate and the official in charge of enforcement and administration of this section agrees, the applicant may, in lieu of planting trees, provide to the municipality a sum of money equal to the approximate cost of such tree planting as may be determined, from time to time, by resolution of the Mayor and Borough Council for each such tree required to be planted pursuant to this subsection for the purposes of planting shade trees elsewhere in the municipality.

(d)

Upon the approval of the Director of Public Works, the applicant may exercise the option of planting two minor trees for each major tree, as required pursuant to the mitigation requirements. However, for every 10 minor trees planted, a minimum of one major tree must be planted.

In the event that tree removal occurs in an area otherwise than permitted in paragraph a, mitigation shall be required at a rate two times the number of trees required should the tree removal occur in a distance of 30 feet or greater from proposed building.

In the event that it is unknown or in question in any given instance as to whether mitigation should be determined on the basis of a minor tree or a major tree, mitigation shall be required on the basis of a major tree.

In the event that it is unknown how many trees were removed from any given site, and removal took place without a tree removal permit issued pursuant to this section, the number of trees requiring mitigation shall be computed by assuming trees over six inches in caliper existed 30 feet on center and plotting the maximum number of those trees as circles of a fifteen-foot radius without having the circles overlap or extend beyond the property lines or drip lines of existing trees.

In connection with tree removal pursuant to paragraph a3, it shall be required that the applicant plant major trees on center a distance of 30 feet as street trees between the curbline and the edge of the right-of-way in a location determined by the municipal official administering this section.

Mitigation in any instance is not to be considered a penalty, rather an implementation of the purposes of this section. Mitigation shall not be a substitute for, but shall be in addition to, any penalty imposed for violation of the provisions of this section.[2]

[2]

Editor's Note: Former Subsection d9, regarding donations satisfying mitigation requirements, which immediately followed this subsection, was repealed 9-2-2021 by Ord. No. 21-14.

Notice to Adjoining Property Owner. In the event that the Director of Public Works determines that any tree to be removed is located within the buffer area or in close proximity to the property line between the two properties, the applicant is required to notify the owner of the adjacent property by letter or personal contact and the applicant shall be required to submit written evidence of such notification at the time of application for a tree removal permit. In addition, in the case of any tree shown on a survey plan located on a property line, the applicant shall be required to obtain written consent from the adjacent property owner to remove the tree and written consent shall be submitted by the applicant at the time of application for a tree removal permit. The owner of adjacent property who received such notification may submit a written objection to the removal of any such tree to the Borough within five days of such notification. The Borough will investigate the conditions of any such written objection prior to the issuance of a tree removal permit.

Cumulative Number of Trees Removed to Be Considered in Determining Eligibility for Minor Tree Removal Permit. In determining whether an applicant is eligible for a minor tree removal permit or must apply for a major tree removal permit, the total number of trees that an applicant has applied to remove on the same lot, including amendments to previously approved tree removal permits, within a twenty-four-month period shall be used; and, when an applicant requests to remove any number of trees that will result in his having applied to remove a cumulative total of 20 or more live trees within said 24 month period, he shall be required to apply for a major tree removal permit, irrespective of the fact that such applicant shall not have requested approval to remove in excess of 20 trees in any one permit application.

§ 26-1.7 Performance Bond.

[Ord. No. 13-07]

As a precondition to the issuance of a permit where mitigation is required, the applicant shall post a cash bond to assure mitigation in an amount equal to the amount set forth herein below for each minor tree, major tree:

[Amended 9-2-2021 by Ord. No. 21-14]

Major tree as defined herein	$450 each
Minor tree as defined herein	$250 each

The applicant shall contact the Director of Public Works within 48 hours of the completion of the planting of the trees required for mitigation to schedule a date and time for an inspection in order for the Borough to determine whether the required mitigation has been completed satisfactorily.

Notwithstanding the above, the applicant and/or property owner shall forfeit the cash bond amount if the applicant and/or property owner fails to complete the planting of the trees within the time of completion set forth in subsection 26-1.8. Prior to the forfeiture of any cash bond monies, the Director of the Department of Public Works shall cause a written notice to be served upon the applicant and/or property owner who posted the cash bond. Service of the notice shall be made in person or by certified mail return receipt requested. Upon service of any notice pursuant to this paragraph, the applicant and/or property owner shall have 10 days, or such further time as the Director of the Department of Public Works shall agree, in writing, to plant the trees that have not been planted, or the applicant and/or property owner shall forfeit any cash bond amounts posted by the applicant and/or property owner. Any monies forfeited by the applicant and/or property owner shall be deposited in the Borough's shade tree fund for use by the Department of Public Works to plant trees elsewhere in the municipality.

[Amended 9-2-2021 by Ord. No. 21-14]

§ 26-1.8 Time of Completion.

[Ord. No. 13-07]

The tree required to be planted by the applicant and/or property owner pursuant to subsection 26-1.6d4, shall be planted within six months after the completion of the project for which the permit was issued, the issuance of a Certificate of Occupancy or the issuance of a certificate of approval, whichever shall be sooner. The applicant may submit a written request to the Director of Public Works for an extension of time of up to an additional three months due to unforeseen circumstances or weather conditions, which request shall not be unreasonably denied. Any request for an extension of time greater than three months must be submitted in writing to the Mayor and Council for consideration.

§ 26-1.9 Protection of Existing Trees.

[Ord. No. 13-07]

In connection with any home improvement prior to the issuance of any building permit, six foot portable chain link fencing shall be placed around trees that are not to be removed. The municipal official charged with the enforcement and administration of this section shall be notified by the applicant to inspect the protective fencing.

In connection with any development, prior to the issuance of any tree removal permit required by subsection 26-1.3d, portable chain link fencing or other protective barrier acceptable to the municipal official charged with the enforcement and administration of this section shall be placed around trees that are not to be removed.

The portable chain link fencing or other protective barriers referred to in paragraphs a and b of this subsection shall be placed at a distance of at least 10 feet from the trunk of any tree or the tree's drip line, whichever distance shall be greater, and shall remain in place until all construction activity on the property has terminated. Should the applicant be unable to place the fencing under the dripline, the municipal official may require a six inch layer of woodchips to decrease compaction of the soil. No equipment, chemicals, soil deposits or construction materials shall be placed within any area so protected by barriers. Any landscaping activities subsequent to the removal of the barriers shall be accomplished with light machinery or hand labor.

No person shall:

Cut down or remove any tree, except as permitted by this section, or allow or cause such cutting or removal.

Cause or allow any willful damage, injury or disfigurement of any tree growing within the property in question. For purposes of this subsection, the actions of any person shall be deemed willful if the damage, injury or disfigurement of any tree is caused as the result, but not limited to the following: cutting, gashing or slitting on any tree; the pouring of any liquid or other material on any tree, or on the nearby ground; the construction or placement of any nonporous material on the ground around any tree so as to cut off air, light or water from the roots; or placement or removal of any soil within the drip line or 10 feet of any tree, whichever is greater.

Store or pile building materials or debris or place construction equipment within 10 feet of any tree.

In the event that any tree to be saved in connection with construction as set forth above or any tree planted in mitigation shall die within two years after planting, it shall be replaced by the applicant or the property owners within six months.

The grade of land located within the dripline shall not be lowered or raised unless compensated by welling or retaining wall methods; and in no event shall be permitted within the dripline or within 10 feet of any remaining trees, whichever is greater.

Any excavation within the dripline, or within 10 feet of the trunk of a remaining tree, whichever is greater, shall be done by airspade, or hand operated equipment.

§ 26-1.10 Protection and Planting of Borough Shade Trees.

[Ord. No. 13-07]

The Director of the Department of Public Works shall have jurisdiction over the planting, care, maintenance and preservation of shade trees within the lines of all public highways and streets in the Borough of Tenafly, and for the planting of any shade tree on private property as set forth in paragraph f below.

No person shall:

Plant or permit the planting of any bush, vine, hedge, shrub or other plant life, except trees and grass within the sidewalk area of any street.

Plant any shade or ornamental tree in the sidewalk area of any street without first having secured the approval of the Director as to the type of tree and the location of such planting.

Plant or permit to be planted any poplar or willow tree within 50 feet of any street line or sanitary or storm sewer.

Fasten any electric wire, wires, rope, sign or other device upon any shade tree on any public street.

Climb any tree on any public streets or places by the use of spurs or other instruments which perforate or injure the bark of such tree.

Destroy, mutilate or injure any such tree.

Remove or cut down any shade tree located upon any of the public streets or places without a permit therefor issued by the Director.

Cut, disturb, or interfere in any way with the roots or root system of any shade tree.

Spray any shade tree with injurious chemicals, or spread or apply any injurious chemicals, including salt, around the root area of any such tree.

10.

Excavate or remove soil within four feet of any shade tree.

In the event that any resident shall request the removal of any healthy shade tree within the Borough's right-of-way, such request shall be subject to the permit requirements of this section, and the issuance of a permit shall be expressly conditioned upon the following: (1) the resident shall hire a tree contractor to remove the tree at the resident's sole expense; and (2) the resident shall be responsible for mitigation pursuant to subsection 26-1.6d4(a)(1) of this section.

The Borough is not responsible for any Evergreen trees in the right-of-way.

When determining if a shade tree is in the Borough right-of-way, the measurement is from the centerline of the street to the center of the tree.

The Director of the Department of Public Works, and all Borough employees acting under his or her direction, shall be deemed to have an implied easement for the planting of any new shade tree to be planted on private property with the written approval of the property owner. Such written approval shall provide that the Borough of Tenafly shall not be responsible for the care, maintenance, and/or removal of any such shade trees planted on private property pursuant to this subsection.

§ 26-1.11 Protection of Landmark Trees.

[Ord. No. 13-07]

Upon the recommendation of the Director of Public Works, the Mayor and Council shall determine whether any tree qualifies as a Landmark Tree. A tree may qualify as a Landmark Tree if it meets one or more of the following criteria:

The tree species is rare.

The tree is more than 100 years old, and healthy.

The tree is of an abnormal height or has an abnormal trunk diameter or drip line for a tree of its species.

The location, shade value, fragrance, erosion control, aesthetic features, or scenic enhancement of such tree is of special importance to the Borough of Tenafly.

The tree is a rare ornamental or flowering tree.

All trees designated as Landmark Trees by the Mayor and Council shall be shown on an official Borough Map with appropriate code marks signifying each tree's designation, number, species, age, size and other distinguishing characteristics for ready reference and periodic monitoring.

If the owner or owners of the property on which a Landmark Tree is located consents thereto, the Borough may identify such tree as a Landmark Tree by the placement of a suitable marker thereon.

If, and when, any Landmark Tree is removed, the Director of Public Works shall arrange for the necessary changes to be made to the official Landmark Tree inventory records and Borough Map.

No person shall cut down or remove any Landmark Tree, whether such tree is located on public or private property, without first obtaining the approval of the Mayor and Council and a permit issued pursuant to this section.

For each Landmark Tree removed pursuant to paragraph e hereinabove, mitigation shall be required in accordance with the mitigation schedule for development as specified in subsection 26-1.6d4(a)(2) of this section. In the event the applicant asserts the planting of trees on the property in question would be inappropriate and the Mayor and Council agrees, the applicant may, in lieu of planting trees, provide to the Borough a sum of $500 for each tree required to be planted in mitigation, said sum to be used by the Borough at its sole discretion for the purpose of planting trees elsewhere in the Borough of Tenafly.

§ 26-1.12 Hazardous Trees and Emergency Removals.

[Ord. No. 13-07]

Property owners are responsible for the trees on their property. If a tree receives a 9 through 12 rating under the International Society of Arboricultural rating system set forth in the "Hazard Tree Analysis for Urban Areas," it will be considered unsafe and will need to be removed. Borough officials who are trained in hazardous tree identification will enforce this action.

In the event a tree on private property is damaged by a storm, where removal is in response to an emergency condition, a permit is not required. In the case of this situation, the Code Enforcement Office shall be notified, and the Code Enforcement Officer, or his designee shall inspect the property to verify.

If there is a major storm in the Borough, where an authorized Borough-wide clean-up is necessary, residents have 15 days from the date of the storm event to bring their storm damaged limbs and branches to the curb. This pertains to only storm damage materials and does not include routine yard debris.

[Amended 9-2-2021 by Ord. No. 21-14]

§ 26-1.13 Administration and Enforcement.

[Ord. No. 13-07]

This section shall be administered primarily by the Director of Public Works, with assistance from the Code Enforcement Officer, and enforced under the Property Maintenance Code.

§ 26-1.14 Appeals.

[Ord. No. 13-07]

Any person aggrieved by the decision of the municipal official charged with the administration and enforcement of this section shall have the right within 10 days of the issuance of any decision by such official to appeal to the Mayor and Borough Council, which shall take action as it deems appropriate in the matter. In the event of such an appeal, the procedures set forth with reference to applications based on hardship contained in subsection 26-1.6c shall apply.

§ 26-1.15 Violations and Penalties.

[Ord. No. 13-07]

Any person who violates any provision of Subsection 26-1.3 shall, upon conviction thereof, be punished by a fine of $1,500 for the violation, plus an additional $500 for each tree that would have been required for mitigation. The aforementioned penalties may, upon a written plea of "guilty," be paid and satisfied through the Violations Bureau of the Municipal Court without the requirement of a court appearance.

[Amended 9-2-2021 by Ord. No. 21-14]

Any person who violates any provision of Subsections 26-1.9 or 26-1.10 shall, upon conviction thereof, be punished by a fine of not less than $1,500 for each violation. The aforementioned penalty may, upon a written plea of "guilty," be paid and satisfied through the Violations Bureau of the Municipal Court without the requirement of a court appearance.

[Amended 9-2-2021 by Ord. No. 21-14]

It is the responsibility of the homeowner and whomever damages or removes a tree to know the provisions of the section. A violation may result in penalties to both parties.

All monies collected will be deposited into the Borough's Shade Tree Replacement Fund.

§ 26-1.16 Summary Chart of Tree Regulations.

[Ord. No. 13-07; amended 9-2-2021 by Ord. No. 21-14]

The Summary Chart provided below shall serve as a consolidated guide to the permit, fee, and notification regulations contained within this chapter. In the event of any perceived inconsistency between this Summary Chart and the printed sections of this chapter, the provisions of Chapter 26 shall control.

Land Development Actions and Permits	Development of New House, Swimming Pool, Tennis Court	Exterior Home Improvement Construction or Zoning Permit Required	Buffer Zone R7.5, R9, R10-5 feet; R20-10 feet; R40-20 feet	Hazard- ous in Buffer Zone	Any Other Situation
Permit required	Yes	Yes	Yes	Yes	No
Permit fee	Yes	Yes	Yes	No	No
Minimum caliper of tree 54 inches above ground	6 inches	6 inches	6 inches	N/A	N/A
Site plan required	Yes	Yes	Yes	Yes	*
Property survey required	No	Yes	Yes	Yes	N/A
Possible mitigation	Yes	Yes	Yes	No	N/A
Notification to adjacent property owner	Yes	Yes	Yes	Yes	N/A

* Such situations to be reviewed by the Director of the Department of Public Works and/or the Construction Official to determine the applicability of any of the provisions of this chapter.