[HISTORY: 1973 Code §§ 96-1—96-10 as
amended through October 13, 2016; amended in its entirety 4-14-2020 by Ord. No. O-6-20. Subsequent amendments noted where applicable.]
A.
The Borough Council of the Borough of North Caldwell does hereby
decide and find that the indiscriminate, uncontrolled and excessive
destruction, removal and cutting of trees upon lots and tracts of
land within the Borough results in creating increased municipal costs
to control drainage and further causes increased soil erosion, decreased
fertility of soil and increased dust, all of which deteriorate property
values and further render land unfit and unsuitable for its most appropriate
use, with the result that there has been and will continue to be deterioration
of conditions affecting the health, safety and general well-being
of the inhabitants of the Borough of North Caldwell. It is the further
finding of the Council that the preservation, protection and planting
of trees are in the stabilization of sod and prevents erosion and
sedimentation; provides a buffer and screen against noise and pollution
and otherwise enhances the environment; protects and enhances the
environment; increases property values and enhances the Borough's
physical and aesthetic appearance.
B.
It is the purpose of this chapter to control soil erosion and sediment
damages and related environmental damage by requiring adequate provisions
for surface water retention and drainage and for the protection of
exposed soil surfaces in order to promote the safety, public health,
convenience and general welfare of the community. The standards and
procedures established in this chapter are intended to regulate and
require tree removal permits for removal of trees on improved lots
as defined herein and are further intended to furnish guidelines for
the use of Borough boards, committees and commissions in evaluating
tree removal and planting plans prior to issuing approval for subdivision
and other land development.
C.
No person shall cut or remove any tree upon any land within the Borough
of North Caldwell, New Jersey, in the County of Essex, unless such
removal accomplishes a useful purpose and is done in accordance with
regulations and provisions of this chapter.
As used in this chapter:
A plan of tree removal and/or planting approved by the Planning
Board or as required by the enforcement officer, or other Borough
agency as provided for in this chapter.
The Planning Board or the Zoning Board of Adjustment, as
the case may be.
[Added 12-19-2023 by Ord. No. O-19-2023]
Schools, churches, clubs, lodges or any such building used
by any organized group or by the public generally.
A tree that has ceased to function physiologically as determined
by the enforcement officer. Said tree is typically devoid of leaves
and may have lost bark.
The diameter of a tree at 4.5 feet (forestry method) above
the ground level on the downhill side for existing trees. Trees utilized
in the replacement of existing trees or proposed as part of a landscape
plan shall be measured 12 inches above ground level for trees over
a four-inch diameter (nursery method).
A tree that is terminally infested with fungus, virus or
insects.
The person designated from year to year by the Borough Council to enforce the provisions of this Chapter 96.
A single residential or commercial lot upon which is a residential
or commercial structure.
Any individual, firm, partnership, corporation or other legal
entity.
A list of trees recommended by tree specialists as best adapted
to the climate, soil and topography of the Borough of North Caldwell.
This list shall be kept on file by the enforcement officer for his/her
use in connection with any required planting plan or tree replacement
requirements and shall be available for the use and guidance of persons
presenting plans for tree planting and replacement.
Any woody perennial plant having a diameter greater than
six inches, measured at a point 4 1/2 feet above the ground.
A healthy nursery-grown tree and as more fully described
in § 96-7(G).
[Added 12-19-2023 by Ord. No. O-19-2023]
A single, approved lot which has no structure or other improvements. Such lot shall be subject to the same conditions and restrictions as an improved lot. Any reference in this Chapter 96 to an improved lot includes, by definition, a vacant lot.
Any area larger than 1/2 acre supporting sufficient trees
to cause 75% of the ground to be directly under canopies of trees.
[Amended 12-19-2023 by Ord. No. O-19-2023]
A.
No tree
for which a tree removal permit is required shall be removed by any
means unless such a permit is granted.
B.
Application for a permit for tree removal on an improved lot shall
be made by submission of the following:
(1)
A completed application form provided by the Borough containing the
following information: the name and address of the applicant; the
street address and tax lot and block of the property in question;
the number of protected trees to be removed;
(2)
The reason(s) for removing the protected trees;
(3)
A tree removal plan (if four or more trees are being removed) consisting of a diagram showing the location of all protected trees to be removed, the species of such trees and their diameter, the location of all trees of a size described in § 96-2 within the drip line of the trees to be removed, and location of all existing and proposed structures on the property, together with the distance that the trees proposed to be removed are located from such structures and from property lines. A reproduction of the Tax Map or an existing survey modified to provide this information would be acceptable.
(4)
A tree replacement plan (if replacement is required pursuant to this Chapter 96) to be reviewed and approved by the enforcement officer. The plan shall consist of a diagram (as described above), showing the location of all trees to be planted, the species of such trees and their diameter or size as required.
(5)
A fee of $25 for processing a live tree removal permit. No fee will
be required for the removal of a dead, diseased or damaged tree.
C.
The applicant shall place a one-inch-wide yellow ribbon to be provided
by the Borough around the trunk of each tree to be removed at a height
of 4.5 feet (or three feet for ornamental trees) above the ground
so that the proposed tree removal may be inspected in the field.
[Amended 12-19-2023 by Ord. No. O-19-2023]
A.
Upon receipt of a permit for cutting or removal of trees on an improved
lot, the enforcement officer shall inspect the site on which the trees
sought to be cut or removed are located and shall evaluate the drainage
and other physical conditions existing on the subject property and
adjoining properties. The enforcement officer shall also consider
the following factors in deciding whether to issue such permit:
(1)
Whether the proposed cutting or removal would impair the growth and
redevelopment of the remaining trees on the applicant's property or
adjacent property;
(2)
Whether the proposed cutting or removal would change existing drainage
patterns;
(3)
Whether the proposed removal would allow soil erosion or increase
dust;
(4)
Whether the proposed removal would constitute a significant change
in the screening between existing or proposed buildings on contiguous
lots or the wooded aspect of the lot a viewed from the adjacent public
road;
(5)
Whether the proposed removal would constitute a horticulturally advantageous
thinning of an existing overgrown area or the removal of dead or diseased
trees;
(6)
The overall effect of removal of such tree(s) on the physical and
aesthetic value of the property and the neighborhood;
(7)
Whether the area where such tree(s) is (are) located is or will be
occupied by a structure, a driveway, a roadway, or a sewer line, or
whether such area is within 15 feet of any of the foregoing;
(8)
Whether proposed changes in the topography of the area where such
tree(s) is (are) located will have depressed land configuration or
fill of land which shall be deemed injurious to the trees or other
trees located nearby so as to require welling, construction of an
aerification system, or tree removal or replacement;
(9)
Whether the proposed removal would remediate a safety hazard to persons
or structures.
B.
All tree removal permit applications shall be endorsed by a tree contractor registered by the Borough as defined in § 96-9. No tree removal permit shall be issued without such endorsement of a tree contractor holding a current valid registration from the Borough with the exception provided in § 6-9(E).
C.
The enforcement officer has 15 business days to respond to the permit
application unless emergency circumstances dictate otherwise.
A.
For purposes of administrative convenience, up to three protected
trees may be removed on an improved lot within any three-hundred-sixty-five-day
period but no single protected tree greater than 12 inches in diameter
may be removed without a tree removal permit or an approval plan to
be determined by the enforcement officer. For enforcement and record-keeping
purposes, every person removing one or more protected trees pursuant
to this exemption shall file a tree removal application form with
the enforcement officer on a form to be provided by him or her, to
document the tree(s) removed and date of removal. The tree removal
application form shall be filed within five days of removal of the
tree(s).
B.
Cutting down or removal of a nonviable tree, or a tree that is an immediate hazard to structures or human life or property (subject to completion of tree removal application and approval of enforcement officer). The property owner and tree removal company shall bear full responsibility for documenting the emergency condition or conditions which exist to qualify for such exemption. For enforcement and record-keeping purposes, every person removing one or more nonviable or hazardous tree pursuant to this exemption shall file a tree removal application form with the enforcement officer on a form to be provided by him or her, to document the tree(s) removed, date of removal and associated emergency condition(s) which shall be in a form certified by a licensed tree expert and subject to the review and approval of the Enforcement Officer. All tree removal application forms shall be filed within five business days of the removal of the tree(s). Any trees removed under the false presumption of this exemption or without proper evidentiary documentation shall be subject to penalties as defined in § 96-10.
[Amended 12-19-2023 by Ord. No. O-19-2023]
C.
Activities lawfully conducted on public lands or rights-of-way by
public entity.
D.
Tree removal in conjunction with a woodland management plan(s).
A.
In connection with any construction, subsequent to tree clearing
but prior to the issuance of a building permit or start of construction,
snow fencing or other protective barrier acceptable to the official
charged with the administration and enforcement of this chapter shall
be placed around trees that are not to be removed. The protective
barriers shall be placed at least five feet from the trunk of any
tree and shall remain in place until all construction activity is
terminated. 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.
B.
No person shall:
(1)
Cut
down or remove any tree except as permitted by this chapter or allow
or cause such cutting or removal;
(2)
Cause
or allow any willful damage, injury or disfigurement of any tree growing
within the Borough. 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 of but not limited to the following:
cutting, gashing or slitting of 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 from within five feet of any tree
or ornamental tree as defined.
(3)
Store
or pile building material or debris or place construction equipment
within five feet of any protected tree.
[Amended 12-19-2023 by Ord. No. O-19-2023]
A.
A tree removal and planting plan shall be filed with the Planning Board with every application for a minor or major subdivision, application for re-subdivision, site plan review and approval, or prior to any other development requiring tree removal or planting, including special exception and use variances, except as otherwise provided in § 96-4 or Subsection B of this section. Where no tree removal or planting is planned, this information shall be submitted. No trees shall be removed by an applicant for a subdivision or its representative until final subdivision approval by the Planning Board and the signing of the developer's agreement covering a major subdivision.
B.
Where a lot or tract is proposed to be developed for use as a single-family
residence and the owner has not received an approved plan or the approved
plan has been revised, a plan shall be submitted to and approved by
the Building Inspector.
C.
A plan for tree removal and replanting must be approved as part of
every soil removal and landfill operation application under the Code
of the Borough of North Caldwell.
D.
No building permit shall be issued for the construction of any residential,
commercial, industrial, recreational or community buildings or accessory
buildings unless and until the developer, builder or owner files with
the Building Inspector a tree removal and/or planting plan and obtains
approval thereof or submits a plan previously approved by the Planning
Board.
E.
If building permits are sought on land which has been cleared for
agricultural purposes in accordance with applicable law, a planting
plan must be submitted to and approved by the Planning Board.
F.
No occupancy permit shall be issued unless tree removal has been
in accordance with the approval plan and all trees required to be
planted have been planted in accordance with the approved plan or
a bond guaranteeing that such planting has been posted with the Borough
Clerk. The bond shall be in the principal sum of $100 per tree involved.
G.
No tree removal plan and planting plan are required to be filed in
connection with the removal of less than four trees on an improved
lot as set forth below, but removal of any tree on such a lot requires
the filing of a permit application.
Under this section, the following trees may be removed without filing a planting plan as required under § 96-4:
A.
Any protected tree located on an improved lot, so long as a tree removal permit has been obtained, or such tree has been removed in accordance with an exemption under § 96-3.2, and an application has been duly filed, and further provided that the tree removal is authorized in writing by the owners of such property.
B.
Any tree as a part of a nursery, garden, orchard or tree farm, provided
that the subject area is being actively used commercially and is not
a component part of a subdivision or development for building purposes.
C.
Trees directed to be moved by municipal, county or state authority
pursuant to law.
D.
Any dead, diseased or damaged tree or any tree that endangers life
or property so long as a tree application permit form is filed to
which is attached a tree company certification of the nonviability
of the tree or such removal is authorized by the enforcement officer.
E.
Trees cut according to a plan developed by the State or Federal Forestry
Departments, designed for weeding, thinning, planting or other tree
culture and betterment of wooded areas, provided that a letter so
stating is filed with the Building Inspector and is signed by the
forestry specialist developing the plan.
F.
Trees removed in the development of ponds or lakes when supervised
by the Soil Conservation Service and/or the Federal or State Forestry
Service, provided that a letter so stating is filed with the Building
Inspector and signed by the appropriate supervising agency.
G.
Trees removed for farmland or horticultural development, provided
that a letter is filed with the Building Inspector stating that the
land involved is suited for the aforementioned use and is signed by
the Essex County Agricultural Agent.
If a planting plan is required under § 96-4, every such plan submitted for approval shall be in the form of a map and exhibits showing:
A.
Tax map, lot and block number.
B.
Area of tract.
C.
Location of trees or wooded area.
D.
Number of trees or percent of wooded area.
E.
Species involved.
F.
General slope and topography, taken from a recognized map of such
features.
G.
Location of streams and wetlands.
H.
Map of locations and surrounding properties showing wooded areas.
I.
A list of trees to be planted, preferably of the species shown on
the preferred tree list.
J.
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.
K.
Location of buildings.
L.
Location of roads, driveways, parking lots, recreation areas and
garden areas.
M.
Grading plan.
[Amended 12-19-2023 by Ord. No. O-19-2023]
A.
Trees may be removed where the proposed paved portion of a parking
area is planned. In off-street parking areas, other than for a single
residential dwelling, islands of trees must be left in such a manner
that there is a tree every 200 feet or less in any direction. No paving
of any impervious nature shall be placed around the base of the trunk
of the tree within 10 feet, and the grade shall be such that drainage
of rainwater will keep the roof area watered without pooling or exceeding
the requirements of the species. Excess water shall be admitted to
dry wells or storm sewers on the parking lot or drained by acceptable
means.
B.
Trees may be removed on private rights-of-way and driveways within
10 feet of each side of the planned paved area. Alignment of the driveways
should be planned to save as many trees as possible.
C.
If no area other than a wooded area or area with trees can be found
to accommodate the sewage system and field meeting the approval of
the Borough Engineer, necessary tree removal shall be permitted.
D.
Where fill is required around trees, the tree must be protected by
an air well six feet in diameter or as needed around the trunk which
will prevent the intrusion of soil. The top of the well must extend
six inches above the graded level. If the tree is of a species that
will eventually die due to root disturbance or change in drainage
or the owner prefers to remove the tree, it may be removed and replaced
with another tree from the preferred list in another or the same area
after the fill has stabilized.
E.
Any grading plan must protect standing trees from machine operation,
soil storage or material storage by distance or proper barrier. Any
tree damaged by construction activities must be replaced.
F.
Unless otherwise specified by the enforcement officer or by the Planning
Board any tree used in a required planting or to replace a damaged
tree must be, at a minimum, 2 1/2 inches in diameter, measured
4 1/2 feet from the top of root level and should be selected
from the preferred list. Other planned plantings require no specifications
other than that good silviculture should be considered.
G.
Replacement tree(s) shall meet the Required Actions in Table below, and shall be planted within 12 months of the date of removal of the original tree(s). Replacement tree(s) shall be monitored by the applicant for a period of two years to ensure their survival and shall be replaced as needed within 12 months. Trees planted in temporary containers or pots do not count towards tree replacement requirements. Failure to complete the Required Actions below or to maintain survival of replacement trees for 24 months shall be considered violations of the chapter and may be subject to penalties as defined in § 96-10.
|
Category
|
Protected Tree Removed (DPM)
|
Required Action
|
|---|---|---|
|
1
|
Deciduous tree with DPM greater than 6 inches and less than
13 inches
|
Replant 1 tree utilizing native noninvasive species from the
Preferred Tree List with deciduous trees having a DPM no less than
2 1/2 inches and evergreen trees no less than 8 feet in height
for each tree removed.
|
|
2
|
Deciduous tree with DPM 13 inches or greater and less than 23
inches
|
Replant 2 trees utilizing native noninvasive species from the
Preferred Tree List with deciduous trees having a DPM no less than
2 1/2 inches and evergreen trees no less than 8 feet in height
for each tree removed.
|
|
3
|
Deciduous tree with DPM 23 inches or greater and less than 33
inches
|
Replant 3 trees utilizing native noninvasive species from the
Preferred Tree List with deciduous trees having a DPM no less than
2 1/2 inches and evergreen trees no less than 8 feet in height
for each tree removed.
|
|
4
|
Deciduous tree with DPM 33 inches or greater
|
Replant 4 trees utilizing native noninvasive species from the
Preferred Tree List with deciduous trees having a DPM no less than
2 1/2 inches and evergreen trees no less than 8 feet in height
for each tree removed.
|
|
5
|
Evergreen tree greater than 10 feet in height and less than
25 feet in height
|
Replant 1 tree utilizing native noninvasive species from the
Preferred Tree List with deciduous trees having a DPM no less than
2 1/2 inches and evergreen trees no less than 8 feet in height
for each tree removed.
|
|
6
|
Evergreen tree equal to or greater than 25 feet in height
|
Replant 2 trees utilizing native noninvasive species from the
Preferred Tree List with deciduous trees having a DPM no less than
2 1/2 inches and evergreen trees no less than 8 feet in height
for each tree removed.
|
H.
In lieu of providing a replacement tree, contribution(s) of $1,000
per tree may be accepted by the Enforcement Officer which shall be
paid to the Tree Fund. The Tree Replacement Fund shall be the repository
of all monies paid to the Borough pursuant to this chapter and may
also accept contributions for its purposes from private sources. The
primary purpose of said fund is to provide for the replacement, planting
and maintenance of trees and woody shrubs on public property within
the Borough (including ground covers, grasses, ferns, vines, and forbs
when they are part of an ecological project using native plants).
Professional consultant fees for administrative and/or consultant
costs to implement the provisions of this chapter, including but not
limited to site inspections, processing of permits, supervision of
tree replacement, and enforcement of this chapter, shall not exceed
30% of the fund. Appropriations from the Tree Replacement Fund shall
be authorized by the Borough Administrator. In the event 21 or more
trees are removed by the applicant, the applicant shall be required
to provide a replacement tree for each tree removed and a contribution
of $1,000 per tree to the Tree Fund.
I.
A buffer zone of trees and shrubs shall encircle three sides of an industrial or commercial area in accordance with Borough Code Chapter 107, Zoning and Land Use. The Planning Board shall require a larger buffer zone when noise, size or height of the building or architectural design of the development requires an increase and may require a buffer of trees on all four sides.
J.
Cluster development, commercial development and industrial development
shall consider the use of treeless areas, if possible, for building
sites. If it is necessary to develop wooded areas or remove trees
for proposed building sites in the case of such developments, the
Planning Board and/or the Building Inspector may require tree planting
in treeless areas if feasible.
K.
Trees in the area between the street line and the setback line of
the buildings shall be preserved to the greatest extent possible.
L.
Tree removal from any slope is prohibited if it will contribute,
in the opinion of the Planning Board or the Building Inspector, to
extra runoff of surface water onto adjoining property and erosion
and silting, unless other means approved by the Borough Engineer are
provided to prevent runoff and erosion.
M.
No tree removal is permitted that will create nuisance lighting,
expose vacant land, billboards, utility substations, transmission
towers, warehouses, junk yards, landfill operations and other similar
structures or operations, except where trees are dead or diseased
and/or endanger life or property. However, vacant land may be exposed
if it is necessary to remove trees for building sites or sewerage
sites and more aesthetic values are established.
N.
No trees on public rights-of-way, parks or public areas are to be
removed by private individuals or utilities except as approved by
a board or officer designated by the Borough Council.
O.
Trees may be removed to clear for soil removal or landfill, provided
that the same amount of wooded area or the same number of trees are
replaced. If the finished operation is planned to be used for other
development, the replacement of trees shall be a part of the subdivision
plan or a site plan submitted for approval by the Planning Board.
[Added 12-19-2023 by Ord. No. O-19-2023]
A.
Whenever
trees are replaced pursuant to this chapter, the applicant shall post
with the Borough Clerk a performance bond for two years in an amount
to be determined by the Borough. The performance bond may be either
in the form of a cashier's check or certified check made payable
to the Borough or in the form of a corporate surety performance bond
issued by a New Jersey corporation. No performance bond shall be released
except on certification of the Enforcing Officer that the replacement
tree(s) remain healthy two years after planting. If they are found
at that time by the Enforcing Officer or its agents to be healthy
and capable of surviving, and other performance requirements have
been met, then the Enforcement Officer shall order the bond returned.
If any trees are not at that point healthy, the tree(s) shall be replaced.
The Enforcement Officer shall have the authority to return 50% of
the performance bond after one year if the replacement tree(s) are
observed to be healthy and capable of surviving and all other performance
requirements have been met.
[Added 12-19-2023 by Ord. No. O-19-2023]
A.
All tree contractors must register with the Borough of North Caldwell
and pay a $100 administration fee on an annual basis in order to conduct
business within the Borough.
B.
All tree contractors operating within the Borough shall be licensed
in accordance with the NJ Tree Experts and Tree Care Operators Licensing
Act; maintain the required insurance; hold valid registration with
the Borough of North Caldwell; and display proof of same on each of
its vehicles operating in the Borough.
C.
All tree removal contractors shall carry and provide proof of at
least the following minimum insurance coverage: $2,000,000 property
damage and bodily injury insurance per incident; $300,000 automobile
insurance per incident; and workers' compensation insurance in
such amounts as required by law. All tree removal contractors shall
require their insurers to provide the Borough with a minimum of 30
days' advance notice of the cancellation of any required coverage.
Upon the cancellation of any of the required insurance coverage, the
tree removal contractor's registration shall automatically be
suspended, and the tree removal contractor shall thereafter be prohibited
from performing. Upon the submission of proof of satisfactory proof
of insurance coverage, licensure in accordance with the New Jersey
Tree Experts and Tree Care Operators Licensing Act, and a certification
that the tree removal contractor has read, understands, and will comply
with all requirements of this rule, then the Borough Clerk shall register
the tree removal contractor as approved to do business in the Borough.
D.
At the time of registration, applicant shall provide proof that they
will comply with the provisions of the Borough's ordinances,
including but not limited to stormwater protection, noise, quality
of life and tree protection and waste disposal regulations.
E.
No endorsement or registration shall be required of any owner, lessee
or tenant of real property who shall personally perform activities
otherwise requiring an endorsement or registration; except that all
such work must otherwise comply with the Borough's ordinance.
F.
Within 30 days of the adoption of this chapter, the Borough Clerk
shall deliver a copy of this chapter to persons and entities known
to be in the business of maintaining, cutting, or removing trees within
the Borough.
G.
Within 30 days thereafter, any company desiring to conduct the business
of removing trees within the Borough shall register with the Borough.
H.
The Borough makes no guarantee or representation regarding the fitness,
knowledge or qualification of any person that is registered by the
Borough as a tree contractor.
[Amended 12-19-2023 by Ord. No. O-19-2023]
A.
The enforcement officer shall be the person appointed or charged by the Borough Council with enforcement of this Chapter 96.
B.
The enforcement officer may, on his/her own initiative or on complaint
of any individual, take action to assure compliance with this chapter.
C.
The enforcement officer has approval authority as herein provided
and may request expert assistance.
[Amended 12-19-2023 by Ord. No. O-19-2023]
The enforcement officer has 15 business days to respond to the
permit application. Any person aggrieved by the decision of the enforcement
officer and by any other officer, board or body may, pursuant to the
provisions of this chapter, within 10 days of the receipt of such
decision, appeal to the Planning Board. Such appeal shall be taken
by filing a written notice of appeal with the Planning Board, which
notice of appeal shall set forth with particularity the action appealed
from. The Planning Board shall set a time for the hearing of said
appeal and, after a hearing has been held thereon, may reverse, modify
or affirm the decision appealed from.
[Amended 12-19-2023 by Ord. No. O-19-2023]
A.
Every protected tree, as defined in § 96-2, which has been cut or removed in violation of the provisions of this chapter shall constitute a separate offense.
C.
In addition to the penalties set forth above, any person subject
to this chapter shall be subject to tree replacement considerations
by the enforcement officer to replace all wrongfully removed trees.
