[HISTORY: Adopted by the Mayor and Council
of the Borough of Leonia 1-10-1988 by Ord. No. 1058 (Ch. 63 of the 1982 Code);
amended in its entirety 2-3-2020 by Ord. No. 2020-05. Amendments noted
where applicable.]
The regulation, planting and care and control of shade and ornamental trees and shrubbery upon and in the streets (as defined in § 275-7 below) of the Borough of Leonia shall be exercised by and under the authority of the Leonia Shade Tree Commission ("Commission"), which is hereby created. The Commission members shall be appointed by the Mayor. The membership of the Shade Tree Commission shall consist of:
A.
Seven residents of the Borough of Leonia, one of whom shall be also
a member of the Environmental Commission of the Borough of Leonia.
Each of these members shall have the right to vote on matters properly
before the Shade Tree Commission; and
B.
One member of the Borough Council who shall serve as a nonvoting
liaison between the Shade Tree Commission and the Borough Council
and the residents of Leonia. (N.J.S.A. 40:64-1)
The term of each Commissioner shall be designated in his or
her appointment. All subsequent appointments, except to fill vacancies,
shall be for terms of five years to take effect on January 1. Any
vacancy occurring during the term of any Commissioner shall be filled
in the manner provided herein for the unexpired term only. The Commissioners
shall serve without compensation.
Alternate members to the Shade Tree Commission shall be appointed
as follows: two alternate members shall be appointed by the Mayor
and shall be designated at the time of appointment as "Alternate No.
1" and "Alternate No. 2" and shall serve during the absence or disqualification
of any regular member or members. The term of each alternate member
shall be five years commencing on January 1 of the year of appointment;
provided, however, that in the event two alternate members are appointed,
the initial term of Alternate No. 2 shall be four years and the initial
term of Alternate No. 1 shall be five years. The respective term of
the alternate members pursuant to this section shall commence on the
day of their appointment and shall expire on the fourth or fifth December
31 after the date of the respective appointment. An alternate member
may participate in discussions of the proceedings but may not vote
except in the absence or disqualification of a regular member. A vote
shall not be delayed in order that a regular member may vote instead
of an alternate member.
The Shade Tree Commission shall meet monthly no less than 10
times per year at such time(s) as may be determined by the Commission.
The presence of a majority of the voting members of the Commission
shall constitute a quorum. The Commission shall act only upon the
majority vote of a quorum of members present at a duly convened meeting.
Each member, voting or nonvoting, must receive notice of any meeting
at least three days prior to such meeting.
No expenses shall be incurred by the Shade Tree Commission without
the previous authorization of the Mayor and Council.
The Shade Tree Commission organized under this chapter shall
have power to:
A.
Exercise control over the regulation, planting and care of shade
and ornamental trees and shrubbery now located, or which may hereafter
be planted in any public highway and park or parkway of the municipality,
including the planting, trimming, spraying, care and protection thereof;
B.
Regulate and control the use of the ground surrounding the same,
so far as may be necessary for their proper growth, care and protection;
C.
Move or require the removal of any tree or shrub or part thereof,
dangerous to public safety;
D.
Recommend to the Mayor and Council the passage, alteration, amendment
and repeal of ordinances necessary or proper for carrying out the
provisions hereof;
E.
Administer treatment to, or remove, any tree or shrub situated upon
private property which is believed to harbor a disease or insects
readily communicable to neighboring healthy trees or shrubs in the
care of this Borough and enter upon private property for that purpose,
with the consent of the owner thereof;
F.
Administer the Leonia Shade Tree Trust Fund. (See Resolution No.
219-86, dated August 4, 1986.);
As used in this chapter, unless otherwise defined in this chapter,
the following terms shall have the meanings indicated:
Chapter 275 "Trees" of the Code of the Borough of Leonia.
The Shade Tree Commission of the Borough of Leonia.
The person or persons employed by the Borough and designated
by the Borough Council to issue permits and enforce the provisions
of this chapter.
The Mayor and Council as the governing body of the Borough
of Leonia.
Every person, firm, association, partnership, corporation,
individual, agency, or other entity.
Land owned by the Borough of Leonia, its Recreation Commission
or any other Borough of Leonia municipal body.
Any public street within the jurisdiction of the Borough of
Leonia.
Parks, parkways, county roads, state highways within the Borough
of Leonia, subject to assent of the appropriate agency.
Rights-of-way of the Borough of Leonia.
Alleys, avenues, lanes, squares, and public grounds of the Borough
of Leonia.
Trees and shrubs.
No person shall do any of the following acts to any tree on
a street without the prior permit of the Commission:
A.
Break, damage, remove, alter, kill, destroy, mutilate, injure, climb
with spikes or by the use of spurs or other instruments which perforate
or injure the bark;
B.
Cut, disturb or interfere in any way with the roots, or the root
system, or excavate or remove soil within four feet of any tree;
C.
Spray with any chemical that causes harm or damages a tree;
D.
Fasten any electrical wire, cables, rope, sign or any other device
to or upon any tree;
E.
Remove or damage any guard or device placed to protect any tree;
F.
Place or distribute chemicals, including, but not limited to, salt
that can cause harm or damages a tree;
G.
Cut or prune, except as provided for hereinafter in this chapter;
H.
Remove soil, either for trenching or otherwise;
I.
Construct new sidewalks and/or driveways within five feet of a tree
unless approved by the Planning Board of the Borough of Leonia or
Construction Official;
J.
Close or obstruct any open space provided about the base of a tree
to permit access of air, water, and fertilizer to the roots of the
same;
K.
Plant or permit the planting of any bush, vine, hedge, shrub, or
other plant life except grass, in the area between the sidewalk and
the curb; or
L.
Plant any shade or ornamental tree in the area between the sidewalk
and the curb without first having obtained the written approval of
the Shade Tree Commission, as to the type and location. Unapproved
plantings will be removed at the property owner's expense.
No person shall plant or permit to be planted any poplar or
willow tree or such other tree as determined by the Commission in
any street in which sewer or water mains have been or hereafter may
be constructed or within 40 feet of any such sewer or water main.
It shall be unlawful for any person to top any street tree.
Topping is defined as the severe cutting back of limbs to stubs larger
than three inches in diameter within the tree's crown to such a degree
so as to remove the normal canopy and disfigure the tree. Trees severely
damaged by storms or other causes, or certain trees under utility
wires or other obstructions where other pruning practices are impractical,
may be exempt from this chapter at the determination of the Commission.
Every owner of any tree overhanging any street or right-of-way
within the Borough shall prune the branches so that such branches
shall not obstruct the light from any street lamp or obstruct the
view of any street intersection and so that there shall be a clear
space of eight feet (2.74 meters) above the surface of the street
or sidewalk. Said owners shall remove all dead, diseased, or dangerous
trees, or broken or decayed limbs that constitute a menace to the
safety of the public. The Borough shall have the right to prune any
tree on private property when it interferes with the proper spread
of light along the street from a streetlight or interferes with the
visibility of any traffic control device or sign.
C.
Any public utility or cable television company that clears, moves,
cuts or destroys any trees, shrubs, or plants 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 cable television services upon any lands in which
it has acquired an easement or right-of-way, shall not be subject
to any penalty imposed by the Commission. This subsection shall not
exempt any public utility or cable television company from any penalty
or replacement assessment imposed for negligent actions.
No statute giving any person or state, county, Borough or municipal
board, body or official, power or authority to lay any sidewalks along,
or to open, construct, curb or pave any street, or to do any similar
act, shall be construed to permit or authorize any interference with
or injury to any tree on a street without the consent of the Commission.
The provisions of this chapter are not to be construed as requiring
the Borough to maintain, replace or move any sidewalk. (N.J.S.A. 40:64-10)
Property owners of trees extending over the Borough right-of-way
are required to maintain, trim, or remove the same to the extent necessary
to preserve the same in a healthy condition or to prevent the same
from endangering the public welfare, interfering with public travel
or traffic on sidewalks, streets, highways or the right-of-way or
interfering with the lighting of sidewalks, streets, highways or the
right-of-way.
A.
Whenever it shall become the duty of any such owner of such tree
to trim or remove such tree under the requirements of this chapter
and the work as directed by the Commission or its designee shall not
have been done at the expiration of 30 days prior notice to such owner
or 35 days after mailing of a notice, postage prepaid, to the post
office address of such owner, or satisfactory explanation shall not
have been presented for such failure, then the Commission or its designee
may authorize such work to be performed under the direction of the
Commission and paid for out of the monies of the Borough to the credit
of the Commission. The cost of said work shall be certified by the
Commission or its designee to the Collector of Taxes in the Borough.
Upon filing the said certificate, the amount of the cost of such work
shall be paid to the Borough by the property owner and shall thereupon
become a lien upon the property.
B.
If the Commission or its designee shall require the removal of any
such tree as is referred to in this chapter, the Borough, with the
consent of the owner, may provide and install a replacement tree of
such size and type as the Commission shall direct without cost to
said owner.
The Commission shall have the right to plant, prune, maintain,
and remove trees and plants within the right-of-way lines of all streets,
as may be necessary to protect public safety or to preserve or enhance
the symmetry and beauty of such public grounds. The Commission may
remove or cause or order to be removed any tree or part thereof which
is in an unsafe condition or which by reason of its nature is injurious
to sewers, electric power lines, gas lines, water lines, or other
public improvements, or is affected with any injurious fungus, insect,
or other pest. This chapter does not prohibit the planting of Street
trees by adjacent property owners. A list of suitable tree species,
for this purpose, is available upon request from the Commission.
A.
The Commission upon request shall determine whether any tree is qualified
as a landmark tree. A tree may qualify as a landmark tree if it meets
one or more of the following criteria:
(1)
The tree species is rare;
(2)
The tree is more than 100 years of age;
(3)
The tree is of a mature height or has an unusual trunk diameter or
dripline diameter for a tree of its species;
(4)
The quality of the tree foliage is exceptional for a tree of its
species; or
(5)
The location, shade value, fragrance, erosion control, aesthetic
features, or scenic enhancement of such tree is of special importance
to the Borough.
B.
All trees designated as landmark trees by the Commission 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.
C.
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.
D.
If the property on which a landmark tree is located changes ownership,
the Borough shall notify in writing the new owner of the property
that a landmark tree exists on said property and shall inform said
owner of the chapter for the protection and preservation of such designated
trees.
F.
If, and when, any landmark tree is removed, the Commission shall
arrange for the necessary changes to be made to the official landmark
tree inventory records and Borough map.
The Borough shall have the right to cause the removal of any
tree dead or diseased on private property within the Borough when
such trees are unlawful or constitute a hazard to life or property,
or harbor insects or disease that constitute a potential threat to
other trees or property within the Borough. The Commission will notify
in writing the owners of such trees. Removal shall be done by said
owners at their own expense within 30 days after the date of service
of notice. In the event of failure of owners to comply with such provision,
the Borough shall have the authority to remove such tree(s) and charge
the cost of removal to the property owner. The cost of said work shall
be certified by the Commission or its designee to the Collector of
Taxes in the Borough. Upon filing the said certificate, the amount
of the cost of work shall be paid to the Borough by the property owner
and shall thereupon become a lien upon the property.
When the Borough exercises its authority to charge the cost of tree trimming and/or removal under §§ 275-14A and/or 275-17 hereof, if hiring an independent contractor, the Borough will obtain three estimates and choose that contractor who will perform the work in the most timely and efficient manner as determined by the Borough. If the trimming and/or removal is done by the Leonia Department of Public Works, it shall be charged at current rates determined by the Borough.
All stumps of trees shall be removed below the surface of the
ground so that the tip of the stump shall not project above the surface
of the ground. All stumps shall be removed no later than 10 days after
a tree is removed.
A.
TREE
Definitions. As used in this § 275-20 and § 275-24 (Issuance of tree removal permits), the following term shall have the meanings set forth below:
Any deciduous or coniferous species which has a diameter
at breast height ("DBH") of at least eight inches or greater. DBH
is considered the diameter of a tree measured at 4 1/2 feet above
the ground on the downhill side of the tree.
B.
Whenever an application is filed with the Planning Board that includes
plans for development that include the removal of any existing tree(s),
a copy of said application is to be forwarded to the Shade Tree Commission.
The Shade Tree Commission shall have the opportunity to review all
such applications and make recommendation(s) for replacement of the
said tree(s) with trees within 30 days of the Shade Tree Commission's
receipt of the application.
C.
No person, as defined in this chapter, shall remove under this section
any tree from private property unless said removal is permitted by
the Planning Board or Shade Tree Commission.
D.
Exceptions.
(1)
The Planning Board may waive the replacement of existing trees by
a developer as part of a review of a development application.
(2)
In the event that the Planning Board waives the requirement for the
developer for replacement of existing trees, the Board shall impose
a requirement that the developer contribute a reasonable value of
the cost of a replacement tree(s) as determined by the Planning Board
in conjunction with the Shade Tree Commission, which replacement cost
shall not be less than $350 per existing tree, to the Leonia Shade
Tree Trust Fund ("Shade Tree Trust Fund") in order that the Borough
may plant trees at other locations within the municipality.
E.
Protection of trees. In connection with any construction or home
improvement project, the following procedures shall apply to preserving
the remaining trees: Snow fencing or other protective barriers shall
be placed at a distance of 10 feet from the trunk of any tree or the
tree's drip line, whichever distance is greater, on all trees that
are not being removed, and shall remain in place until all construction
activity on the property has terminated, as determined by the Construction
Code Official.
It shall be unlawful for any person to prevent, delay or interfere
with the Commission or any member thereof or any of its agents, while
engaging in and about the inspection, planting, cultivating, mulching,
pruning, spraying or removing of any street trees, or trees on private
grounds, as authorized in this chapter.
Neither this chapter nor anything contained in this chapter
shall be construed to make the Commission or any member(s) thereof
responsible for the death or injury of any person, or for an injury
to any property or tree (N.J.S.A. 40:64-14).
A.
The requirements of this chapter shall be enforced by the Commission
or any member thereof, or its designee, who shall seek such penalties
as are provided in this chapter or permitted by law.
B.
The Borough's Construction Official or Police Department, or its
designees, may order to be stopped any tree work or other activity
which is carried on in violation of any provision of this chapter.
The order shall be issued in writing and a copy served upon any person
engaged in such tree work or such other activity. If no such person
is present upon the property, then the order shall be served upon
the owner of the property in question. Thereafter, any further work
shall comply with the terms and conditions of any permit issued by
the Borough with respect to such property and the provisions of this
chapter.
A.
Tree removal permit.
(1)
As used in this section (§ 275-24), "tree" shall mean any deciduous or coniferous species which has a diameter at breast height ("DBH") of at least eight inches or greater. DBH is considered the diameter of a tree measured at 4 1/2 feet above the ground on the downhill side of the tree.
(2)
No tree within the Borough shall be removed without a tree removal permit. Application for a tree removal permit shall be filed with the Building Department. Tree removal permits will be issued by the Building Department. At the time of filing for a tree removal permit, applicants shall be required to pay a filing fee of $20 per tree to be removed in addition to the tree replacement fee [See § 275-24B(1)].
(3)
Tree removal permits must be applied for and approved before the
work is performed. Prior to the issuance of a tree removal permit,
the owner of the property shall be required to meet with a member
of the Shade Tree Commission or the Commission's designee. Such meeting
shall occur within 30 days of the date on which the application for
a tree removal permit is applied for.
(4)
All fees paid by the property owner hereunder shall be held in the
Leonia Shade Tree Trust Fund and used by the Shade Tree Commission
toward the cost of purchasing, planting, maintaining and otherwise
protecting trees within the Borough, except for the $20 filing fee
for the tree removal permit which the Borough shall receive. Notwithstanding
that fees are paid into the Leonia Shade Tree Trust Fund, the Mayor
and Council have the discretion to utilize the Leonia Shade Tree Trust
Fund as it deems appropriate, provided that a minimum of $15,000 is
maintained in the Shade Tree Trust Fund.
(5)
If the trunk of a tree proposed for removal is within five feet of
a property line, the property owner shall be required to notify the
owner of the adjacent property in writing by personal service or certified
mail not less than five days prior to the scheduled removal of the
tree.
(6)
If a tree proposed for removal is on the property line, the applicant
must provide written consent of the adjacent property owner at the
time of filing the application for a tree removal permit.
B.
Replacement tree; tree replacement fee.
(1)
In order to maintain the tree canopy coverage within the Borough, a property owner that removes, or causes the removal of, any tree(s) on such property owner's property must pay the tree replacement fee (as defined below) for each such tree, which funds will be placed in the Leonia Shade Tree Trust Fund and used for the purposes described in § 275-24A(4). The tree replacement fee shall be an amount equal to the cost of planting a replacement tree in the Borough but in no case shall it be less than $350.
(2)
If the subject tree is dead, dying, diseased or fatally damaged by
thunderstorm, windstorm, floods or other natural disaster, a property
owner may seek a waiver of payment of the tree replacement fee by
submitting with the application for a tree removal permit a written
determination by a licensed tree expert, as defined in N.J.S.A. 45:15C-12
and 17, retained by the property owner, at the property owner's expense,
that the subject tree is dead, dying, diseased, or fatally damaged
by a natural disaster, together with a color photograph and such other
documentation evidencing the dead, dying, diseased or fatally damaged
tree.
(3)
A property owner can request the Borough's Licensed Tree Expert to provide the written determination that the subject tree is dead, dying, diseased or fatally damaged by thunderstorm, windstorm, floods or other natural disaster as required pursuant to § 275-24B(2), and the property owner shall provide a release to the Borough that such written determination shall not be relied upon by the property owner for purposes of filing a claim against the Borough because of damage or liability caused by the subject tree or utilized for insurance purposes. The fee for the written determination shall be $75 per written determination. Nothing contained herein shall preclude a property owner from obtaining a written determination from any licensed tree expert.
[Added 10-17-2022 by Ord. No. 2022-17]
C.
Tree removal contractor.
(1)
The properly owner and/or the tree removal contractor of the property owner shall be responsible for applying for the tree removal permit as specified in this § 275-24 (Issuance of tree removal permits). A tree removal contractor independently shall verify with the Building Department that a tree removal permit has been issued prior to the commencement of work.
[Amended 3-6-2023 by Ord. No. 2023-03]
(2)
The tree removal contractor working in the Borough shall show proof
of the following when applying for a tree removal permit to the Building
Department before performing any tree removal work within the Borough:
(a)
Be licensed in accordance with the N.J. Tree Experts and Tree
Care Operators Licensing Act (N.J.S.A. 45:15C-11 et seq.).
(3)
All tree debris shall be removed immediately, and the stump shall
be removed within 10 days of the tree removal by the tree removal
contractor.
D.
Exceptions. The following shall be exempt from the requirement of
obtaining a tree removal permit:
(1)
The removal of any tree as ordered by the Shade Tree Commission or
other appropriate public agency;
(2)
Any tree located on publicly owned land and removed by the appropriate
public agency;
(3)
Any tree that interferes with necessary utility service removed by
the appropriate public agency;
(4)
Any structurally compromised tree that requires the immediate removal
because such tree is in imminent danger of causing damage or injury
to persons or property; provided that within seven days following
such removal the property owner shall notify the Building Department
in writing of such emergency removal and provide the Building Department
color photographs of such tree prior to its removal showing the part(s)
of the tree that is structurally compromised and how it is threatening
persons or property. The notice to the Building Department shall include
the name and address of the property owner, the species and diameter
at breast height of the tree, the location of the tree on the property
and detailed description of its condition, including the reasons for
its removal; and
(5)
Any tree that conflicts with other municipal ordinances or regulations.
(6)
Any tree removed pursuant to a development approval granted by the
Planning Board.
Any person with legal standing to file a legal claim based on
an action, decision or directive of the Commission, shall have the
right to, within 14 days, appeal such action, decision or directive
by submitting a written request to the Commission; and following such
appeal process, the right to, within 21 days, appeal to the Mayor
and Council. The appeal to the Mayor and Council must be in writing
and a copy sent to the Commission as well. The Mayor and Council shall
by resolution, within 30 days of the submission date of the appeal,
modify, affirm, or deny the Commission's decision with such conditions
as may be appropriate. If the Mayor and Council fails to act within
the thirty-day period, then the decision of the Commission shall stand.
A.
Any person found guilty of violating any provision of this chapter
shall be, upon conviction or a plea of guilty, fined a sum not exceeding
$1,500 for each offense. A violation affecting more than one tree
shall be considered a separate violation as to each tree. Each day
any violation of this chapter shall continue shall constitute a separate
offense as well.
B.
In addition to the fine set forth in Subsection A above, any person found guilty of violating any provision of this chapter shall be required to pay a replacement assessment for any tree removed, destroyed or injured to cause to die. The replacement assessment is a fee, which shall be calculated by the value of the tree as determined by the formula and schedule adopted by the Commission. Such formula and schedule shall be based upon the number of square inches contained in a cross section of the tree's trunk, multiplied by a predetermined value per square inch, not to exceed $27 per square inch. In determining the predetermined value per square inch, the Commission shall take into consideration the species, variety, location and condition of the tree in question immediately prior to its removal, injury, harm or destruction.
C.
All monies paid and collected as replacement assessments as set forth in Subsection B above shall be forthwith paid into the Shade Tree Trust Fund.
D.
The Borough,
in its discretion, shall publish the names of any person found guilty
of violating any provisions of this chapter.
[Added 3-6-2023 by Ord. No. 2023-03]
A.
The Municipal Court of the Borough of Leonia shall have jurisdiction
over actions for the violation of this chapter. The officers authorized
by law to serve and execute process for the Municipal Court of the
Borough shall be the officers to serve and execute any process issued
out of the Municipal Court for violations of this chapter.
All monies to be collected, either as charges, costs, expenses,
fines or penalties under this chapter by the Borough may be collected
in any manner provided by law. All monies so collected, either as
fine or penalties, for any violation of this chapter, or as a charge
against real estate, under any provision of this chapter shall be
forthwith paid over to the custodian of the municipal funds, unless
a section of this chapter expressly provides and specifies that monies
shall be paid into the Leonia Shade Tree Trust Fund.
All ordinances, rules or regulations adopted by the Commission
shall be filed with the Borough Clerk for inspection by the public
during regular business hours.
