Borough of Milltown, NJ
Middlesex County
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Table of Contents
Table of Contents
[Ord. No. 04-1173 § 6; Ord. No. 13-1390 § 2]
As used in this section:
COMMUNITY FORESTRY MANAGEMENT PLAN
Shall mean the planning, implementation, and management plan that has been developed by the Borough of Milltown submitted to, and approved by, the State of New Jersey which contains specific implementation guidelines for the care and maintenance of Borough shade trees.
PERSON
Shall mean any individual, firm, association, partnership, or corporation, or any combination thereof. Where, in the proper context, it is so required; this term may be construed to designate the plural as well as the singular.
PLANT CONSTRUCTION
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.
PUBLIC UTILITY COMPANY
Shall refer to a public utility as defined in the Revised Statutes of the State of New Jersey (N.J.S.A. 48:2-13), and shall include the Borough of Milltown Power, Water and Sewer Utilities.
SHADE TREE
Shall mean shade and ornamental trees and shrubbery now located or which may hereafter be planted in any public highway, park or parkway within the Borough of Milltown, except those located or planted on county highways, parks and state highways.
SHADE TREE COMMITTEE
Shall mean the Shade Tree Committee of the Borough of Milltown.
SHADE TREE PERMIT
Shall mean the written permission of the Shade Tree Committee of the Borough of Milltown as provided for in this section.
TREE
Shall mean:
1. 
Trees and shrubs.
[Ord. No. 04-1173 § 8; reserved by Ord. No. 13-1390 § 2]
[Ord. No. 04-1173 § 9; reserved by Ord. No. 13-1390 § 2]
[Ord. No. 04-1173 § 10; reserved by Ord. No. 13-1390 § 2]
[Ord. No. 04-1173 § 11; reserved by Ord. No. 13-1390 § 2]
[Ord. No. 04-1173 § 12; Ord. No. 13-1390 § 2]
a. 
The penalties for violations of this section are set forth in Appendix A. Each day any violation of this section shall continue shall constitute a separate offense. Damage to any single or individual tree constitutes a separate offense. The Municipal Court of the Borough of Milltown shall have jurisdiction over violations of this section. The Zoning Officer shall have the authority to serve and execute any process issued out of the Municipal Court of the Borough of Milltown for violations of this section.
Appendix A is included as an attachment to this chapter.
b. 
In addition to the penalties authorized by paragraph a of this subsection, any person who removes or otherwise destroys a tree in violation of this section shall be responsible to pay a replacement assessment to the municipality as set forth in Appendix A herein.
c. 
Any public utility company, cable television company, wireless service provider or satellite service company that clears, moves, cuts, or destroys any shade trees for the purpose of erecting, installing, moving, removing, altering or maintaining any structures or fixtures, necessary for the supply of electric light, heat or power, communication or television services upon any lands in which it has acquired shall be subject to a penalty imposed by paragraph a or b. This paragraph shall not exempt any public utility company, communication or television service company from any penalty or replacement assessment imposed for negligent actions unless it has acquired an easement or right-of-way from the Borough of Milltown.
[Ord. No. 04-1173 § 13; Ord. No. 13-1390 § 2]
Any monies collected, either as fines or penalties, for any violation of a rule or regulation of the Shade Tree Committee or of any provision of this section shall be paid forthwith to the custodian of municipal funds and placed in a dedicated Shade Tree Account to be used solely for the planting, replacement, and maintenance of shade trees.
[Ord. No. 04-1173 § 14; Ord. No. 13-1390 § 2]
a. 
The Milltown Shade Tree Committee is hereby authorized to promulgate rules and regulations for the effective administration of this section by it. Any rules or regulations promulgated by the Milltown Shade Tree Committee shall not be effective until such time as they are reviewed and approved by resolution of the Mayor and Borough Council.
b. 
The Milltown Shade Tree Committee shall also advise the Mayor and Borough Council of any and all appropriate revisions to this section or any other ordinance concerning trees within the Borough of Milltown.
[Ord. No. 04-1173 § 15; Ord. No. 13-1390 § 2]
All rules and regulations adopted by the Milltown Shade Tree Committee shall be filed with the Borough Clerk.
[Ord. No. 04-1173 § 16]
If any section, subsection, paragraph, sentence, phrase or word contained in this Code shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Code, which shall remain in full force and effect, and to this end the provisions of this section are hereby declared to be severable.
[Ord. No. 04-1173 § 17; Ord. No. 13-1390 § 2]
a. 
No person shall do any of the following acts to any Shade Tree without a prior written permit issued by the Shade Tree Committee:
1. 
Cut, prune, girdle, climb with spikes, break, damage or remove or kill.
2. 
Cut, disturb or interfere in any way with any root.
3. 
Place or maintain in any street or park any stone, concrete, excessive mulch or other substance which impedes the free access of air and water to the roots of any shade tree.
4. 
Spray with any chemical.
5. 
Build a fire or station any tar kettle, road roller, fuel oil dispensing truck, or other engine in any street or any other place in such a manner that the heat, vapors, fuel or fumes therefrom may injure any shade tree.
6. 
Fasten any rope, wire, hardware, sign or other device. (Nothing herein shall prevent any governmental agency from affixing in a manner approved by the Shade Tree Committee a public notice upon a tree in connection with administering governmental affairs).
7. 
Remove or damage any guard or device placed to protect any tree or shrub.
8. 
Conduct razing, removal or renovation of any structure if deemed by the Milltown Shade Tree Committee to be damaging to neighboring shade trees.
9. 
Place or distribute chemicals, including, but not limited to salt, deleterious to tree health.
10. 
Repair, replace or construct any sidewalks, driveways, curbing, roadway and/or aprons with any material whatsoever within five feet of a tree.
11. 
Construct new sidewalks, driveways, curbing, roadway and/or aprons with any material whatsoever within five feet of a tree.
12. 
Plant any tree or shrub within the designated area under the control of the Shade Tree Committee.
13. 
Use or operate any power shovel, bulldozer, lawnmower, or any other implement or tool in such a manner as to damage or destroy any tree.
[Ord. No. 04-1173 § 18; Ord. No. 13-1390 § 2]
a. 
The Shade Tree Committee may grant to Public Utility Companies a blanket permit for:
1. 
Tree pruning for line clearance.
2. 
The installation and maintenance of sub-surface and above ground plant construction if there is interference with, or endangerment to, shade trees.
b. 
Public Utility Companies may, during periods of emergency, without specific prior permit:
1. 
Install temporary attachments to trees.
2. 
Make emergency sub-surface repairs.
3. 
Remove or prune any hazardous tree caused by an emergency situation.
c. 
Each Public Utility Company shall exercise reasonable diligence in the maintenance of its plant construction so as to avoid damage to shade trees.
[Ord. No. 04-1173 § 19; Ord. No. 13-1390 § 2]
a. 
Requests for permits required by the provisions of this section for the performance of such work shall be directed to the Milltown Shade Tree Committee.
b. 
The cost of such permits shall be $5 to be paid at the time of application. The fee will be paid to the custodian of the municipal funds, and shall be placed in a dedicated Shade Tree Account for the purpose of tree replacement and maintenance.
c. 
Any municipal agency must receive a permit from the MSTC if any tree is to be removed or pruned, unless in case of an emergency.
d. 
Requests for permits involving lack of insurability must be accompanied by supportive documentation from the insurance company.
e. 
Requests for permits involving roots blocking the sewer line must be accompanied by supportive documentation from a licensed plumber showing a long term recurring problem (see subsection 19-1.17c,d)
f. 
The Shade Tree Committee shall dispose of a permit request within 45 days of the filing of the permit request. In the event the Shade Tree Committee fails to dispose of a permit request within 45 days of the filing of a permit request, it shall be deemed a denial of the request.
g. 
Any party aggrieved or affected by a decision of the Milltown Shade Tree Committee shall be entitled to file an appeal of the decision as provided for in Chapter 2, Section 55.
h. 
Any member of the Governing Body, including the Mayor and any Councilmember, shall be entitled to appeal any decision of the Milltown Shade Tree Committee as provided for in Chapter 2, Section 55.
[Ord. No. 04-1173 § 19; Ord. No. 13-1390 § 2]
No person shall prevent, delay, harass or in any manner interfere with the Committee, or its authorized agents in the performance of their lawful duty.
[Ord. No. 04-1173 § 21; Ord. No. 13-1390 § 2]
a. 
No person shall plant any shade tree on any street within the Borough of Milltown right-of-way, the Borough of Milltown parks or the Borough of Milltown planting easements without a permit from the Milltown Shade Tree Committee.
b. 
Only tree varieties or species recommended and approved by the Milltown Shade Tree Committee may be planted as shade trees. A list of currently recommended shade trees may be obtained from the Borough Clerk's Office.
c. 
The selection and location of the street tree to be planted will take into account the following factors:
Width of the planting bed or strip.
Overhead and underground utilities and fire hydrants.
Traffic visibility.
Traffic signs.
Street lights or lamps.
Distance from driveways and driveway aprons.
Soil conditions and water tables.
Diversity of tree varieties, or species.
d. 
Root barriers such as DeepRoot, or other equivalent root barriers, must be installed along sidewalks and curbs for any new or replacement shade tree to be planted in accordance with the Borough of Milltown Shade Tree Committee specifications. A copy of these specifications may be obtained from the Borough Clerk's office.
e. 
All newly planted shade trees must be planted in accordance with the Borough of Milltown Shade Tree Committee Tree Planting Specifications. A copy of these specifications may be obtained from the Borough Clerk's office.
f. 
Planting of shade trees shall be in accordance with the quantity and schedule contained in the Community Forestry Management Plan.
g. 
Any shade tree removed either by any agency of the Borough of Milltown, individual or contractor for road, curb, sidewalk, or utility improvements must be replaced in like quantity with a Milltown Shade Tree Committee approved tree. The cost of obtaining and planting these trees shall be included in the improvement contract. In the event it is impractical to replace trees on a like quantity basis at the site under contract, any excess trees shall be provided to the Milltown Shade Tree Committee for planting at other shade tree site locations.
h. 
Priority for trees to be planted will be given to property owners who participate in the Milltown Shade Tree Committee's Front Yard Program. A copy of the specifications for this program may be obtained from the Borough Clerk's office.
[Ord. No. 04-1173 § 22; Ord. No. 13-1390 § 2]
a. 
No person shall prune any shade tree without a written permit from the Milltown Shade Tree Committee. Shade trees which are severely damaged by wind storms, or similar weather events, and requiring emergency pruning are exempted.
b. 
It shall be unlawful to "top" any shade tree. "Topping" is defined as the severe cutting back of the tree crown, which removes the normal canopy and disfigures the tree. A copy of further specifications regarding topping may be obtained from the Borough Clerk's office.
c. 
All shade tree pruning shall be done in accordance with the current standards contained in the New Jersey Board of Tree Experts "Pruning Standards for Shade Trees" and the American National Standards Institute (ANSI) Standard A300 and any subsequent revisions thereto.
d. 
Municipal employees or independent contractors shall prune shade trees in accordance with the annual pruning schedule established in the Borough of Milltown Community Forestry Management Plan. All contracts for shade tree pruning shall include the class or level of pruning to be performed.
e. 
The Shade Tree Committee shall recommend the pruning of any tree or shrub on private property to the Borough Zoning Officer when the tree or shrub has dead, diseased or dangerous limbs or branches, which constitute a threat to public health, safety or welfare. Obstruction of traffic visibility at street corners, as well as sidewalk and road clearance shall be considered a threat to public health, safety or welfare. The Shade Tree Commission shall be permitted to enter upon private property to effectuate the purposes of this subsection, upon advance written notice to and with the consent of the property owner. The Borough Zoning Officer shall review the recommendation and take appropriate action under as permitted under the Borough Ordinances.
f. 
All newly planted shade trees shall be trained to a single trunk a minimum of eight feet above public sidewalks and 12 feet above roadways unless otherwise specified by a majority vote of the members of the Shade Tree Committee. Pruning shall be done at the appropriate time for particular tree specified; beginning the third year after planting; and shall continue periodically until the specified heights are attained.
[Ord. No. 04-1173 § 23; Ord. No. 13-1390 § 2]
a. 
No person shall remove any shade tree without a written permit from the Milltown Shade Tree Committee. Shade trees which are severely damaged by wind storms, or similar weather events, and requiring emergency removal are exempted.
b. 
The criteria utilized for shade tree removal are as follows:
1. 
The tree is determined to be hazardous and constitutes a threat to public safety or utilities.
2. 
The tree contains major structural deficiencies.
3. 
The tree is dead or in decline.
4. 
Sidewalk, curb or driveway apron improvements necessitate the removal of an excessive amount of roots rendering the tree unstable.
5. 
Excessive disease or insect infestation undermines the integrity of the tree and removal is necessary to prevent the spread of the disease or insect infestation.
6. 
Shade trees in Zone I in the Community Forestry Master Plan are assigned the highest priority for removal.
7. 
Decay undermines the integrity of the tree.
c. 
Stumps and visible roots of shade trees which have been removed shall be ground to a minimum of six inches below the surrounding soil surface located beyond the root crown of the removed tree.
d. 
Sewer lines blocked by roots of shade trees do not constitute a reason for tree removal. Tree root inhibitors, such as Root X (or its equivalent), should be utilized in lieu of removal. Additional solutions other than removal should be considered prior to removal of the tree. Receipts from a licensed plumber documenting a history of root blockage of a sewer line shall be considered by the Shade Tree Committee in determining whether to issue a permit for the removal of the shade tree.
e. 
The Shade Tree Committee shall recommend the removal of any tree or shrub on private property to the Borough Zoning Officer when the tree or shrub has dead, diseased or dangerous limbs or branches, which constitute a threat to public health, safety or welfare. Obstruction of traffic visibility at street corners, as well as sidewalk and road clearance shall be considered a threat to public health, safety or welfare. The Shade Tree Commission shall be permitted to enter upon private property to effectuate the purposes of this subsection, upon advance written notice to and with the consent of the property owner. The Borough Zoning Officer shall review the recommendation and take appropriate action as permitted under the Borough Ordinances.
[Ord. No. 04-1173 § 24; Ord. No. 13-1390 § 2]
a. 
Any shade tree which has been removed at the request of the property owner for sidewalk replacement or in the case of lack of insurability due to sidewalk rising shall have the sidewalk replaced within 60 days of the tree stump removal.
b. 
If the sidewalk has not been replaced within 60 days of the tree stump removal, the Shade Tree Committee shall notify the Borough Zoning Officer. The Borough may thereafter take the appropriate action as permitted under Chapter 23 of this Code.
[Ord. No. 04-1173 § 25; Ord. No. 13-1390 § 2]
The Milltown Borough Public Works and Utility Departments will each prepare and submit a monthly report to the Milltown Shade Tree Committee identifying all trees and stumps removed and all trees pruned or planted during the preceding month. Each report will be submitted to the Chairman of the Shade Tree Committee and the Council Liaison to the Committee. The report will include the street address; tree positions; work performed; and man-hours of work expended. Each November, the Milltown Borough Public Works and Utility Departments will prepare and submit an itemized annual cost estimate for planting, pruning and removing trees and stumps within the Borough of Milltown.
[Ord. No. 04-1173 § 26; Ord. No. 13-1390 § 2]
The Borough Attorney of the Borough of Milltown will represent the Milltown Shade Tree Committee in all legal matters, upon adoption of a resolution by the Mayor and Borough Council authorizing same.
[Ord. No. 04-1173 § 27; Ord. No. 13-1390 § 2]
a. 
All new employees of the Milltown Borough Public Works and Utility Departments are encouraged to take a tree pruning course at Rutgers University - Cook College within one year of their employment in the Public Works or Utility Department. The Milltown Shade Tree Committee recommends the course entitled "Tree Pruning" or its equivalent which has been approved by the New Jersey Community Forestry Council. If this course is not available, the Milltown Shade Tree Committee shall designate another course and advise the Mayor and Borough Council in writing of same.
b. 
The Supervisors in the Milltown Public Works and Utilities Departments who oversee the pruning and planting of trees are required to take "Tree Planting and Installation" or its equivalent at Rutgers University - Cook College in addition to the course recommended in paragraph a. If this course is not available, the Milltown Shade Tree Committee shall designate another course and advise the Mayor and Borough Council in writing of same.
c. 
The Supervisors in the Milltown Public Works and Utilities Departments are required to take "Hazardous Tree Identification" or its equivalent at Rutgers University - Cook College.
d. 
The Supervisors in the Milltown Public Works and Utilities Departments are required to take the New Jersey Community Forestry Act CORE curriculum.
[Ord. No. 04-1173 § 28; Ord. No. 13-1390 § 2]
a. 
All new residential development shall submit plans for all trees and shrubs to be planted and removed as required by Chapter 34, Comprehensive Development, a copy of which shall be forwarded to the Milltown Shade Tree Committee for review and comment. Plans must include the common names, scientific names, variety, sizes, quantities and location of the trees and shrubs.
b. 
The Milltown Shade Tree Committee shall provide recommendations to the appropriate board concerning the type, quantity, sizes, species and placement of trees.
c. 
No performance bond shall be released for a new residential development until the Milltown Shade Tree Committee has reviewed and verified that all required shade trees have been planted correctly.
[Ord. No. 04-1173 § 29; Ord. No. 13-1390 § 2]
a. 
All new commercial development shall submit plans for all trees and shrubs to be planted and removed as required by Chapter 34, Comprehensive Development, a copy of which shall be forwarded to the Milltown Shade Tree Committee for review and comment. Plans must include the common names, scientific names, variety, sizes, quantities and location of the trees and shrubs.
b. 
The Milltown Shade Tree Committee shall provide recommendations to the appropriate board concerning the type, quantity, sizes, species and placement of trees.
c. 
No performance bond shall be released for a new commercial development until the Milltown Shade Tree Committee has reviewed and verified that all required shade trees have been planted correctly.
[Ord. No. 04-1173 § 30; Ord. No. 13-1390 § 2]
In order to obtain compensation for the Borough of Milltown shade trees accidentally damaged or destroyed by motor vehicles or observed acts of vandalism, the Milltown Police shall notify the Milltown Shade Tree Committee in writing that such damage has occurred. This notification will include the date and time of the incident, the name and address of the person(s) involved, the insurance carrier and a copy of the accident or police report if a motor vehicle has been involved.
For the purpose of this subsection:
a. 
Motor vehicle shall include cars, trucks, motorcycles and all other forms of motorized transportation; and
b. 
Vandalism shall include, but not be limited to, any of the items identified in subsection 19-1.11.
[Ord. No. 04-1173 § 32; reserved by Ord. No. 13-1390 § 2]
[Ord. No. 1055; Ord. No. 01-1099 § 2]
The purpose of this section is to discourage indiscriminate and excessive removal, cutting, and destruction of trees, and to encourage conditions and practices which prevent increased surface drainage, sedimentation and soil erosion, decreased soil fertility, post construction mortality, and provide adequate re-vegetation of the area with appropriate species after construction. On relevant land as defined herein, it is the intent of this section for the applicant's professional design consultants to prepare and submit plans which consider and place a design priority on the preservation of existing vegetation and in particular, trees. It is the further intent of this section that roadway alignment, building placement, proposed grading, utility installations and other site improvements be planned and designed with the preservation of existing trees as a major consideration. The ability to maximize or increase development density shall not be a legitimate cause to justify relief from provisions of this section.
[Ord. No. 1055; Ord. No. 01-1099 § 3]
As used in this section, the following terms shall have the meanings indicated:
APPROVED TREE PLAN
Shall mean a tree removal, preservation and planting plan which has been approved by the appropriate board of review of the Borough of Milltown.
COMMUNITY BUILDINGS
Shall mean churches, clubs, lodges or any such building used by any organized group or by the public generally.
DRIP LINE
Shall mean an imaginary line from the tips of the outermost branches of a tree projected vertically to the ground.
ENFORCING OFFICER
Shall mean the Construction Code Official and/or Zoning Officer who shall be the enforcing officer for all approved tree plans.
PREFERRED TREES
Shall mean trees recommended by the N.J. Bureau of Forest Management as best adapted to the climate, soil and topography of the Borough of Milltown. A listing of these trees is on file with the Borough Clerk.
RELEVANT LAND
Shall mean any real property which:
a. 
Is or could be the subject of a major subdivision application, as is defined in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. and the Zoning Ordinance of the Borough of Milltown;[1] or
b. 
Is the subject of a site plan application in which any new building coverage exceeds 2,500 square feet; or
c. 
Is the subject of a minor subdivision application consisting of three lots.
STREET TREE
Shall mean any tree within the right-of-way exclusively.
TREE
Shall mean any live, woody perennial having a diameter of four inches or greater measured at a point 4 1/2 feet above the ground, (diameter breast height).
TREE REMOVAL PRESERVATION AND PLANTING PLAN
Shall mean a plan of tree removal, preservation and/or planting prepared by the N.J. Bureau of Forest Management, a forester approved by the N.J. Bureau of Forest Management, a licensed landscape architect or, at the discretion of the appropriate board of review, a similarly qualified person.
[1]
Editor's Note: See Chapter 34, Comprehensive Development, Section 34-19, Zoning.
[Ord. No. 1055; Ord. No. 01-1099 § 4]
Under this section, the following trees may be removed without filing a plan:
a. 
Any tree removed in compliance with the Farmland Assessment Law.
b. 
Trees directed to be removed by municipal, County or State authority pursuant to law.
c. 
Any tree, which is part of a nursery, garden center, Christmas Tree plantation orchard or cemetery.
d. 
Trees authorized to be removed at the discretion of the Milltown Construction Code Official or Property Maintenance Official for purposes of safety, maintenance or other reasons relating to the public health or general welfare.
[Ord. No. 1055; Ord. No. 01-1099 § 5]
No person shall cut, remove, plant or damage any tree upon any relevant land within the Borough of Milltown unless such removal and cutting is done in accordance with the provisions of this section.
[Ord. No. 1055; Ord. No. 01-1099 § 6]
a. 
No person shall cut or remove any tree upon relevant land within the Borough of Milltown without first obtaining an approved tree plan.
b. 
A tree removal, preservation and planting plan shall be filed with every application relating to relevant land for approval of a subdivision, site plan, planned development, conditional use or zoning variance or prior to any other development requiring tree removal or planting, except as otherwise provided in this section.
c. 
Building Permit; Performance and Maintenance Guaranties.
1. 
No building permit with respect to relevant land shall be issued for site clearing, grubbing or the construction of any residential, commercial, industrial, recreational, or community buildings or accessory buildings unless the property owner or its designated agent first obtains an approved tree plan.
2. 
No permit shall be issued unless the applicant has filed with the Borough a performance guaranty sufficient in the amount equal to the total cost to the Borough, as estimated by the Borough Engineer, of complying with the conditions of the approved tree plan, in the event that the applicant does not complete the work as approved. The form, sufficiency and execution of the performance guaranty shall be approved by the Borough Attorney. Posting of the guaranty shall be detailed and defined in any developer's agreement entered into by the appropriate board of review, the Borough and an applicant.
3. 
A maintenance guaranty shall be furnished by the applicant upon the release of the performance guaranty and/or the approval of the Borough Engineer evidencing that all work has been completed in accordance with the approved tree plan. The maintenance guaranty shall begin with the release of the performance guaranty and shall run for a period of two years pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. Provisions governing the maintenance guaranty shall be contained in the developer's agreement.
d. 
No certificate of occupancy shall be issued unless tree removal and planting has been performed in accordance with the approved tree plan. Proof that all trees have been planted in accordance with the approved tree plan or that the plantings are insured by a valid performance guaranty shall be submitted to the Construction Code Official.
[Ord. No. 1055; Ord. No. 01-1099 § 7]
The procedure for applying for and issuance of an approved tree plan shall be as follows:
a. 
Applications shall be filed with the appropriate board and shall be accompanied by the fee prescribed herein. Applications for exemptions shall be filed directly with the Borough Construction Code Official.
b. 
The applications shall be made in duplicate and a copy shall be filed simultaneously with the Borough Engineer. The application shall show the following:
1. 
The name and address of the applicant.
2. 
The name and address of the owner of the relevant land.
3. 
The lot and block numbers of the relevant land, including a street address.
4. 
The purpose or reason for the application.
c. 
Every application shall be accompanied by a map and exhibits showing:
1. 
Tax map, lot and block number.
2. 
Area of the subject relevant land.
3. 
Tree survey of all existing trees.
4. 
Genus, species and size (DBH) in inches of all trees involved.
5. 
General slope and topography of the relevant land.
6. 
Location of streams, water bodies and wetlands.
7. 
Map of locations and surrounding properties showing wooded areas.
8. 
A list of trees to be planted, as selected from the preferred trees list; identification of species to be used as street trees.
9. 
Tree removal plan and tree planting plan in relation to principal and accessory buildings, roads, and driveways, parking lots, garden areas, etc., showing also the relation to survey stakes.
10. 
Location of buildings (site plan applications only).
11. 
Location of roads, driveways, parking lots, staging areas, recreation areas and garden areas, where applicable.
12. 
Grading plan.
13. 
Schedule for tree removal and planting.
14. 
Maps, as applicable, showing number, type and location of trees and wooded areas to be removed.
15. 
Any other information deemed pertinent to the application by the appropriate board of review of the Borough, Borough Engineer or Construction Code Official.
d. 
At the discretion of the appropriate board of review of the Borough, the application shall provide alternative sketch plan layouts demonstrating that the layout adequately considers and makes provisions for the preservation of existing trees.
e. 
All trees on a subject site shall be flagged in the field for identification.
[Ord. No. 1055; Ord. No. 01-1099 § 8]
a. 
If no area other than a wooded area or area with trees can be found to accommodate the building foundation, sewerage system, or well meeting the approval of the enforcement officer, necessary tree removal shall be permitted.
b. 
Any grading must protect standing trees from machine operation, soil storage or material storage by a distance equal to or greater than the drip line of the tree by means of a four-foot high, brightly painted snow fence or suitably visible alternative. Barriers shall not be supported by the Tree(s) they are protecting but shall be self-supporting. Where some grading must take place within the drip line, in the opinion of the appropriate board of review of the Borough, tree wells should be designed and constructed to preserve the trees. Any tree seriously damaged during construction must be professionally treated or replaced, in accordance with paragraph d of this subsection, as deemed appropriate by the enforcing officer and/or Borough Engineer.
c. 
Any tree used in a required planting must be at least 2 1/2 inches in diameter caliper, must be nursery stock, bailed and burlap, and guaranteed for two years from the date of planting.
d. 
The removed trees are to be replaced in accordance with the following formula:
For Removed Trees Between Four and 16 Inches
Percentage of Trees Removed
Percentage of Removed Trees to be Replaced (with trees of 2 1/2 inches caliper or greater)
80 to 100%
80%
60 to 79%
60%
40 to 59%
40%
20 to 39%
20%
Less than 20%
10%
For Removed Trees of 16 Inches or Greater
Existing Tree to be Removed
Number of Replacement Trees
(minimum 2 1/2 inches caliper)
From 16 inches — 24 inches
2
From 25 inches — 30 inches
3
From 31 inches and greater
4
e. 
Trees in the area between the street line and the setback line of the buildings shall be preserved to the greatest extent possible.
f. 
Tree removal from any slope or environmentally sensitive area is prohibited if it will contribute, in the opinion of the appropriate board of review of the Borough, to extra runoff of surface water onto adjoining property and erosion and silting, unless other means approved by the Middlesex County Soil Conservation District are provided to prevent runoff and erosion.
[Ord. No. 1055; Ord. No. 01-1099 § 9; Ord. No. 13-1390 § 2]
a. 
The applicant, at the time of filing an application for an approved tree plan, shall deposit with the secretary of the appropriate body, an amount determined herein payable to the Borough of Milltown. In addition, the applicant shall escrow sufficient funds with the secretary of the appropriate body for payment of the fees of all professionals whose services are required, including but not limited to, any landscape architect or horticulturist retained by the Borough, the Borough Engineer, the Borough Attorney, the attorney of the appropriate board of review and the engineer of the appropriate board of review. The escrow funds also shall be applied toward the cost of all required inspection fees incurred in connection with an approved tree plan.
b. 
Application Fees for an Approved Tree Plan.
1. 
Minor subdivisions: $15 per tree up to a maximum of $300 per lot.
2. 
Major subdivisions: $15 per tree up to a maximum of $300 per lot.
3. 
For all other properties: $15 per tree up to a maximum of $600 for each acre.
c. 
Tree Escrow Fund Established..
1. 
A Tree Escrow Fund shall be established by the Borough to promote environmental enhancement programs such as tree planting, tree preservation, park development, landscaping and/or other related projects on or within municipally-owned properties or facilities. A separate trust account shall be established for this purpose. Appropriations from the Tree Escrow Fund shall be authorized by the Mayor and Council and shall be used for the above municipal purpose through the recommendation of the Shade Tree Committee and the Environmental Commission.
2. 
The replacement value of all trees to be removed where replacement trees are required by this section shall be calculated as follows:
Existing Tree to be Removed
Value Per Tree
From 4 inches — 11 inches
$200
From 12 inches — 17 inches
$400
From 18 inches — 23 inches
$600
From 24 inches and greater
$800
3. 
Should the site in question, as determined by the Borough Engineer, not be able to physically accommodate the total replacement amount of trees, the applicant shall contribute to the Borough's Tree Escrow Fund an amount equal to the calculated monetary value of replacement trees to the Borough's Tree Escrow Fund.
4. 
The applicant shall receive a one for one replacement tree credit should stands of 10 or more trees be preserved within the tree removal areas.
[Ord. No. 1055; Ord. No. 01-1099 § 10]
A party who removes a tree on relevant land, or on other land, which is not permitted by an approved tree plan shall be subject to a fine of up to $750 for each tree removed and shall be required to replace the tree removed with like kind in accordance with the following schedule:
For Removed Trees of Four Inches or Greater
Existing Tree Removed
Number of Replacement Trees
From 4 inches — 8 inches
1 @ 3" in diameter
From 9 inches — 16 inches
2 @ 3" in diameter
From 17 inches — 30 inches
3 @ 3" in diameter
From 31 inches and greater
4 @ 3" in diameter