[Ord. #O-08-10, S 1]
This Chapter and its subordinate sections shall be known as
the "Tree Preservation Ordinance of the Borough of West Long Branch."
[Ord. #O-08-10, S 2]
The purpose of this Chapter is to preserve, protect, replace
and properly maintain trees within the Borough and protect the public
from trees which pose a threat or danger because trees:
a.
Are an important public resource;
b.
Preserve and enhance the Borough's physical and aesthetic environment,
especially its natural and unique atmosphere;
c.
Protect and enhance the quality of life and the general welfare of
the Borough;
d.
Enhance the air quality by filtering air pollutants;
e.
Reduce topsoil erosion by the holding effect of their roots;
f.
Reduce storm water runoff and replenish ground water supplies;
g.
Provide a buffer and screen against noise pollution;
h.
Reduce energy consumption by acting as a wind break and producing
shade;
i.
Preserve and enhance nesting areas for birds and other wildlife which,
in turn, assist in the control of insects;
j.
Protect and enhance property values.
[Ord. #O-08-10, S 3]
Shall mean any tree which is listed on Appendix A to this
Chapter.[1]
Shall mean an individual appointed or authorized by the Borough
to enforce borough ordinances.
Shall mean any area designated by the Borough, State agency
or by Borough-approved subdivision or restriction to keep in a particular
natural State or for special environmental preservation or control.
Shall mean any proposed change in the use or character of
land, including but not limited to the replacement of any structure
or site improvements. When appropriate to the context, development
may refer to the receipt or necessity of any building, or site work
permit.
Shall mean the diameter of the trunk of the tree measured
in inches at a point four and one-half (4.5) feet above ground line.
This point of measurement is used for established and mature trees
and is referred to as "DBH." All references to diameter size shall
be to the DBH.
Shall mean a landscape and preservation plan intended as
a substitute for the replacement requirements of this Chapter.
Shall mean a single parcel shall mean any tax lot(s) of record,
zoning lot or any grouping of adjacent lots under single ownership.
Shall mean a self-supporting woody perennial plant together
with its root system, having several stems arising from the base and
lacking a single trunk. No shrub used in the replacement of trees
shall have a root ball of less than twelve (12") inches in diameter
or be contained in less than a 5-gallon container.
Shall mean that parcel of land for which a tree removal is
sought.
Shall mean any group of two or more trees that have a combined
DBH of six (6") inches or greater. Every twenty-five (25") inches
of such a group shall be the equivalent of a six (6") inch tree. For
removal purposes, this grouping definition shall apply if two or more
trees are removed within 12 months of each other.
Shall mean the removal of any tree for replanting elsewhere.
Shall mean any self-supporting, woody plant together with
its root system, growing upon the earth, usually with one trunk, or
a multi-stemmed trunk system, supporting a definitively formed crown,
which is not on public property.
Shall mean a document which identifies, by common name, certain
species of trees of a specified DBH within a particular area. The
plan shall list, as required by the Shade Tree Commission, all existing
and proposed trees and shall specifically state whether each tree
is proposed to be destroyed, relocated, replaced, preserved at its
present location, or introduced into the development from an off-site
source. The Shade Tree Commission may provide that the tree preservation
plan exclude those portions of the site which it determines will not
be affected by the development activity.
Shall mean the cutting down, destruction, removal or relocation
of any tree.
Shall mean a tree, which in the judgment of the Borough is
capable of sustaining its own life processes, unaided by man, for
a reasonable period of time.
[1]
Editor's Note: Appendix A, referred to herein, is included as an attachment to this chapter.
[Ord. #O-08-10, S 4]
To the extent that this Chapter imposes greater planting requirements
than any other regulations of the Borough, this Chapter shall take
precedence, provided that any planting requirements of such other
regulations shall be a credit against the requirements of this Chapter.
[Ord. #O-08-10, S 4]
Any tree removed from a parcel for transplanting elsewhere must
be replaced according to Rules 1, 2, 3, and 4.
[Ord. #O-08-10, S 4]
It is suggested that trees replaced come from Appendix A[1], but this is not mandatory.
[1]
Appendix A is included as an attachment to this chapter.
[Ord. #O-08-10, S 4]
Unless otherwise stated in these rules, the removal of any six
(6") inch tree or six (6") inch grouping of trees must be replaced
with trees the total diameter at breast height (DBH) of which is equal
to at least 30% of the total diameter at breast height (DBH) inches
removed. No replacement tree shall have a diameter breast height less
than two (2") inches. If the removal of one tree necessitates a replacement
of more than three trees, DBH may be satisfied by planting three trees
and thereafter substituting shrubs for trees at a rate of one shrub
per one (1") inch of DBH.
[Ord. #O-08-10, S 4; amended 8-3-2022 by Ord. No. O-22-13]
a.
No replacement is required when the tree, due to natural circumstances,
is dead or irreversibly declining, is in danger of falling, is too
close to existing structures so as to endanger such structures, interferes
with utility services, creates unsafe vision clearance, or constitutes
a health or safety hazard.
b.
No tree which meets the requirements of this Chapter may be removed
without it being replaced in accordance with the terms of this Chapter.
The only exceptions thereto shall be those set forth in Rule 5a above.
c.
Neither this nor any other Rule or regulation of this Chapter shall
be deemed to prohibit any owner of residential property in the Borough
of West Long Branch from removing a tree, as long as the tree is replaced
in a manner which is compliant with Rules 1, 2, 3, 4 and 5.
d.
Permit Required. Before any tree may be removed from any property
within the Borough, a tree removal permit must be obtained. This requirement
applies to live, dead, and dying, trees.
e.
Permit Fees. The fee to be paid when applying for a tree removal
permit shall be $45.
f.
No Sunday Removal. No tree may be removed on a Sunday, except where
there has been storm damage and an imminent hazard exists.
[Ord. #O-08-10, S 4]
When a property is being developed such that there is a requirement
or an application before the Zoning or Planning Board and the development
would require the removal or transplanting of trees on the property,
a tree preservation plan shall be filed together with the application
which is consistent with the requirements of this Chapter. The tree
preservation plan shall satisfy the requirements of this Chapter in
terms of the replacement of the trees consistent with the DBH.
[Ord. #O-08-10, S 4]
a.
If the removal of trees is necessary to erect a building, home or
other structure, and these trees exist within the footprint of the
structure, there shall be no requirement that these trees be replaced.
b.
One tree per parcel, even if healthy and non-dangerous, may be removed
every three years, without the requirement of replacement.
[Ord. #O-08-10, S 5]
Any development application, whether to the Planning Board or
Zoning Board of Adjustment of the Borough of West Long Branch or not,
must be accompanied by a tree preservation plan which is consistent
with this Chapter, unless a variance is obtained for the same.
[Ord. #O-08-10, S 6; amended 8-3-2022 by Ord. No. O-22-13]
Any person found guilty of violating any provision of this Chapter
shall be subject to a fine of (a) $100 if the tree was removed without
the property owner first having obtained a tree removal permit; and
(b) $1,000 per tree for all other violations, plus not less than $100,
nor more than $1,000 and replacement of the tree, consistent with
the requirements of this Chapter. Each tree intentionally cut down,
destroyed, damaged, or removed, without being replaced shall constitute
a separate offense.
[Ord. #O-08-10, S 7]
In addition to any other remedies provided by this Chapter,
the Borough shall have the following judicial remedies available for
violations of this Chapter or any permit condition promulgated under
this Chapter:
a.
The Borough may institute a civil action in a court of competent
jurisdiction to establish liability and to recover damages for any
injury caused by the removal of trees in contravention of the terms
of this Chapter.
b.
The Borough may institute a civil action in a court of competent
jurisdiction to seek injunctive relief to enforce compliance with
this Chapter to enjoin any violation, and to seek injunctive relief
to prevent irreparable injury to the trees or properties encompassed
by the terms of this Chapter.
[Ord. #O-08-10, S 8]
The requirements of this Chapter regarding applications to the
Zoning and Planning Boards shall be deemed to be amendments to the
Borough's current land use ordinances.
