For the purpose of this article, the following words shall have
the meanings indicated:
BUILDING PLOT
A parcel of land upon which a building has been or may be
erected in accordance with this chapter.
COMMUNITY FORESTRY MANAGEMENT PLAN
A plan developed by the Borough outlining the goals and objectives
for managing trees on Borough property with the intent of minimizing
liability to the Borough and maximizing the useful life of the tree
resource. The plan is to be approved by the New Jersey Department
of Environmental Protection, Division of Parks and Forestry, Forest
Service.
DRIPLINE
The extent to which the leaves and outer branches extend
outward from the trunk to a point on the ground at which a line drawn
vertically from the leaves furthest from the trunk touches the ground.
EROSION
The detachment and movement of soil or rock fragments by
water, ice, wind and gravity.
EXEMPT AREA
The lot area as provided in this article for which tree replacement
shall not be required.
EXTENSION TILE
Four- or six-inch agricultural tile or split sewer pipes
are laid in a wheel-and-spoke design with the tree as the hub. The
radial lines of the tile near the tree should be at least one foot
higher than the ends joining the circle of tile. A few radial tiles
should extend beyond the circle and should slope sharply downward
to ensure good drainage. An open-jointed stone or brick well is then
constructed around the trunk up to the level of the new fill. The
inner circumference of the stone well should be about two feet from
the circumference of the trunk. Six-inch bell tiles are placed above
the junction of the two tile systems, the bell end reaching the planned
grade level, and stones are placed around the bell tiles to hold them
erect. All ground tiles are covered with small rocks and cobblestones
to a depth of 18 inches.
HAZARDOUS TREE
A tree is hazardous if it is an imminent hazard and a threat
to the safety of persons or property. If a tree possesses a structural
defect that may cause the tree or part of the tree to fall on someone
or something of value (i.e., "target"), and the condition is determined
to be imminent, the tree is considered hazardous.
IMPROVED PROPERTY
Any property on which a residential structure exists at the
time of the tree removal.
INVASIVE TREE
A species of tree that is nonnative to the ecosystem under
consideration and whose introduction causes or is likely to cause
economic or environmental harm or harm to human health. Tree of heaven
(Alanthus altissima) and Norway maple (Acer platanoides) are examples
of invasive trees in the Borough of Franklin Lakes.
TREE
Any tree, whether dead or alive, having a single or multistemmed
trunk with a diameter at breast height (DBH) of seven inches or greater,
or, where the tree's height or the remainder of the tree (the stump)
is less than four feet six inches in height, the measurement shall
be taken at the highest point of the trunk. Trees that grow out of
one root system, with two or more trunks, that divide below DBH, will
be counted as two or more trees. A multistemmed trunk that splits
below four feet six inches will be counted as two or more trees.
TREE ESCROW FUND
A fund established for the maintenance, repair, replacement,
and planting of trees on public property throughout the Borough. The
fund may be utilized for the administration and promotion of tree
and shrubbery resource sustainability projects and practices consistent
with the Community Stewardship Incentive Program as outlined in the
New Jersey Shade Tree and Community Forestry Assistance Act. The Tree Escrow Fund shall be administered by the Mayor
and Council, following referral and recommendation by the Shade Tree
Commission.
TREE PLANTING PLAN
A specific plan adopted by the Borough for the location and
placement of trees on public property.
TREE REMOVAL PERMIT
The permit issued by the Shade Tree Commission or the Tree
Specialist to remove or destroy a tree or trees located on any improved
land or vacant or unimproved property, as defined in this section.
The permit shall be valid for a period of 90 days.
TREE REPLACEMENT PLAN
A specific plan for replacement of removed trees in accordance
with the provisions of this article.
UNIMPROVED OR VACANT LAND
Privately owned land upon which no home has been completely
built, and for a period of two years after the certificate of occupancy
is issued.
WOODLAND MANAGEMENT PLAN
A plan for the management of timbered or forested lands approved
by the New Jersey Department of Environmental Protection, Forest Service,
or similar state or federal agency.
[Amended 6-19-2018 by Ord. No. 1742]
A. No tree shall be removed, damaged or destroyed on any land, whether
improved, unimproved, commercial or residential, within the Borough
without the issuance of a proper tree removal permit as described
herein.
B. In accordance with the provisions of the Tree Experts and Tree Care
Operators Licensing Act, N.J.S.A. 45:15C-11, et seq. ("the Act"),
if an applicant is utilizing a business engaged in providing tree
care services for hire which does not fall under the exemptions set
forth in the Act, the application for a tree removal permit shall
include the following information:
(1)
Name and address of the tree care business;
(2)
Business registration number;
(3)
Name and license number of the licensed tree expert (if applicable);
(4)
Name and license number of the licensed tree care operator (if
applicable); and
(5)
Copy of applicable license if required by the tree specialist.
[Amended 12-17-2019 by Ord. No. 1810]
A. Purpose. The goal of tree removal permit requirements is to maintain
the forest canopy in the Borough of Franklin Lakes. The Borough of
Franklin Lakes is a forested community and maintenance of the existing
trees is important. Tree removal permit requirements help maintain
the forest canopy. Some trees need to be protected from indiscriminate
removal.
B. Unless tree removal is being considered as part of a development
application before the Planning Board or Zoning Board, the Construction
Official or Tree Specialist shall issue a permit for removal of trees:
(1)
From the following areas:
(a)
Within 20 feet of a principal structure.
(b)
Within 10 feet of a pool or pool cabana.
(c)
Within five feet of a driveway or walkway.
(d)
Within five feet of a septic tank or field.
(e)
Within 10 feet of a tennis court or similar recreational facility.
(2)
Where the total number of trees to be removed is less than 10% of the total number of trees on the property, including trees to be removed pursuant to Subsection
B(1) hereinabove; provided however that, if the total number of trees to be removed pursuant to Subsection
B(1) is 10% or more of the total number of trees on the property, then the property owner may remove the number of trees as is permitted pursuant to Subsection
B(1). Except as otherwise provided for tree removal pursuant to Subsection
B(1), no more than 10% of the total number of trees on the property may be removed within any five-year period.
(3)
For any tree that is hazardous, dead or dying.
(4)
For any tree that is invasive, except that replacement trees shall be required in accordance with Subsection
D of this section.
(5)
For any tree or trees removed or cut in accordance with a Woodland
Management Plan or a Forest Stewardship Plan that has been approved
by the New Jersey Forest Service, provided that such plan is filed
with the Construction Official, Tree Specialist, Shade Tree Commission
and Tax Assessor.
(6)
For any tree or trees removed or cut in accordance with an approved
conservation plan prepared by the Soil Conservation District, provided
that such plan has been filed with the Shade Tree Commission and Tax
Assessor.
(7)
For any tree or trees planted and grown for commercial purposes
on property used as a commercial nursery, tree farm, garden center,
Christmas tree plantations or tree orchards.
(8)
For any tree growing in a utility right-of-way or fire trail
subject to the approval of the Shade Tree Commission.
(9)
For any landscape tree that has become overgrown for the purposes for which it was planted, except that replacement trees shall be required in accordance with Subsection
D of this section.
(10)
The Tree Specialist shall provide a written monthly report to the Shade Tree Commission of all permits issued in accordance with this Subsection
B.
C. The Construction Official or Tree Specialist may not issue a permit
for removal of trees within the street right of way (generally within
10 feet from the curb or edge of pavement), except for any tree that
is hazardous, dead or dying. Trees within 10 feet of the curb or edge
of pavement along a street may only be removed with approval of the
Shade Tree Commission.
D. An applicant may apply to the Shade Tree Commission to remove trees in addition to those permitted under Subsection
B hereunder. The Shade Tree Commission may, in its discretion, require that the applicant provide written notice to adjoining property owners of the application under this subsection. For purposes of this section, adjoining property owners shall not include property owners across a street. An application to the Shade Tree Commission under this subsection shall include the information required under Subsection
E of this section and the Shade Tree Commission may require a site plan which complies with the site plan requirements set forth in Subsection
B of § 453-10 of this chapter for a tree removal application submitted to the Planning Board or Zoning Board. In reviewing the application for tree removal, the Shade Tree Commission shall consider the criteria set forth in Subsection
D of § 453-10 of this chapter for a tree removal application submitted to the Planning Board or Zoning Board. The Shade Tree Commission shall provide a written report to the Mayor and Council of all decisions made in accordance with this Subsection
D.
E. Replacement trees. For removal of trees in accordance with Subsection
D of this section, the applicant shall be required to plant replacement trees on-site in accordance with the provisions of §
300-152 of this chapter.
F. Application. An application for a permit for removal or destruction
of any tree under this section shall contain the name of the applicant,
the name of the owner, consent of the owner if the applicant name
is different than the owner, the name and address of the tree service,
the reasons for the removal or destruction, and a sketch of the property
which shall include the location, size and species of trees proposed
for removal, and such further information as may be required by the
Construction Official or Tree Specialist. An application for tree
removal shall be reviewed and decided by the Construction Official
or Tree Specialist within 14 days of the submission of a complete
application.
[Amended 12-17-2019 by Ord. No. 1810]
A. Where tree removal or replacement is part of a development application
before the Planning Board or Zoning Board, the application for tree
removal shall be made to the Planning Board or Zoning Board.
B. Site plan. Unless waived by the Planning Board or Zoning Board, a
formal site plan as prepared by a licensed engineer or survey shall
be required with the application, containing the following information:
(1)
The location of the position of all trees as defined herein,
including trees within 50 feet of the limit of disturbance of any
proposed streets, underground or aboveground utility lines, and structures.
(2)
The identity of the species and the quantity of each species
of trees which are to be removed or disturbed and including the dripline
circumference.
(3)
List of the specific proposals for replanting, if applicable.
C. Referral to other agencies. The Planning Board or Zoning Board shall
refer all tree removal applications to the Tree Specialist for review
and comment. The Tree Specialist's report shall be submitted to the
Board within 30 days of receipt of same. The Board shall consider
but not be bound by the above-noted referral reports.
D. Standards for Planning Board or Zoning Board review. The Board may allow the removal of trees where the Board has made findings of fact in connection with the removal of trees based on consideration of the following criteria, the purposes of this article as set forth in §
300-147, and any relevant report or comment received from the referrals noted above:
(1)
Trees may be removed as permitted in Subsection
B of §
300-150.
(2)
Where the failure to remove the trees will create an unreasonable
hardship or unduly restrict the use of the property, the Board may
allow removal of additional trees where the benefits of said removal
outweigh any resulting detriment.
(3)
Where as the result of a cut or fill approved by the Board,
the trees are deemed no longer viable, said trees may be removed.
(4)
The Board shall consider drainage or other physical conditions
existing on the site or on adjoining property and, after considering
the referral recommendations, may permit the removal of said trees
where it is deemed appropriate, provided that the benefits will outweigh
the detriments resulting from said removal.
(5)
The Board may approve the removal of trees when said removal
will not impair the growth and development of the remaining trees
on the property, or on adjacent properties, or will not cause erosion,
impair existing drainage, or lessen property values or damage aesthetics
in the area.
E. For applications before the Planning Board or Zoning Board of Adjustment, the initial escrow deposit toward reasonably anticipated Borough expenses for services and costs of the Tree Specialist shall be as set forth in §
300-42.1 of the Borough Code.
[Amended 12-17-2019 by Ord. No. 1810]
Where, in the discretion of the Construction Official, Tree
Specialist, Planning Board, Zoning Board or Mayor and Council, new
plantings are required by the ordinances of the Borough but are not
necessary due to the existence of a sufficient number of trees presently
on the property, the Construction Official, Tree Specialist, Planning
Board, Zoning Board or Mayor and Council may waive any or all requirements
for new plantings. If the requirement for new plantings is waived,
the applicant shall pay a fee in an amount equal to the cost of such
plantings had they been required, as determined by the Tree Specialist,
which fee shall be deposited in the Tree Escrow Fund.
Where the Construction Official or Tree Specialist concludes
that it is necessary for purposes of health, safety or welfare considerations
to remove a tree, said tree may be removed without a permit.