[HISTORY: Adopted by the Mayor and Council of the Borough
of Prospect Park 3-17-2008 by Ord.
No. 2008-3. Amendments noted where applicable.]
The regulation, planting, care and control of shade and ornamental
trees upon and in the streets, highways, public places, parks and
parkways of the municipality (except highways, parks or parkways of
the County of Passaic or State of New Jersey) shall be exercised by
and under the authority of a Commission consisting of five residents
of the Borough of Prospect Park, who shall be appointed by the Mayor.
The Commission shall be known as the "Shade Tree Commission of the
Borough of Prospect Park."
A.
No person, firm or corporation shall do or cause to be done any of
the following acts upon any of the streets, highways, public places,
parks and parkways within the Borough of Prospect Park without a written
permit issued by the Shade Tree Commission:
(1)
Cut, trim, break, climb with spikes, disturb the roots of or otherwise
injure, or spray with any chemical or remove any living tree; or injure,
misuse or remove any structure or device placed to support or protect
such tree.
(2)
Plant any tree.
(3)
Fasten any rope, wire, electric attachment, sign or other device
to a tree, or to any guard about such tree.
(4)
Close or obstruct any open space provided about the base of a tree
to permit the access of air, water or fertilizer to the roots of such
tree.
(5)
Pile any building material, or make any mortar or cement within six
feet of a tree.
(6)
No fire shall be started within 10 feet of any tree or planting regulated
by this article.
(7)
Remove, authorize or procure the death or removal of any tree.
B.
The permit shall be issued by the Shade Tree Commission without fee
to the applicant.
The Shade Tree Commission shall have the authority to cause
the removal or order the removal of any tree or planting from any
areas which are subject to the authority of the Shade Tree Commission
and which have become dangerous to the public safety.
A.
Any property owner who is granted approval to remove a tree shall
assume all liability for, and shall defend, indemnify and save harmless
the Shade Tree Commission of the Borough of Prospect Park and the
Borough of Prospect Park (all of its boards, authorities, employees
and other respective agents) from and against all losses and expense
(including costs and attorney's fees) by reason of liability
imposed by law upon any of the aforementioned for damages because
of injury or death resulting therefrom, to any person or persons;
and damage to or destruction of property, including the loss of use
thereof, by reason of an accident or occurrence arising out of owner/applicant's
operations or that of the owner/applicant's subcontractors or
anyone directly or indirectly employed by the owner/applicant or the
owner/applicant's subcontractors.
B.
In addition, the owner/applicant shall provide to the Shade Tree
Commission a certificate of insurance naming the Borough of Prospect
Park and the Shade Tree Commission of the Borough of Prospect Park
as named insured in the form and content with insurers acceptable
to the Borough and the Shade Tree Commission.
C.
The Commission retains the authority granted to it under N.J.S.A.
40:64-8 and 40:64-9.
It shall be unlawful for any person, firm or corporation to
cause, authorize or procure any brine water, oil, liquid, dye, gas
or other substance harmful to tree life to lie, lead, pour, flow or
drift on or into the soil about the base of a tree or other planting
subject to the jurisdiction of the Shade Tree Commission, at a point
whence such substance may be lying on, or flow, dripping or seeping
into such soil, or in any other manner whatsoever.
It shall be unlawful for any person, firm or corporation to
fasten any animal to any tree or other planting subject to the jurisdiction
of the Shade Tree Commission or to any guard or support provided for
the same, or permit any animal to bite or otherwise injure any such
tree or other planting subject to the jurisdiction of the Shade Tree
Commission.
A.
It shall be unlawful for any person, firm or corporation to cause,
authorize or procure a wire or another conductor charged with electricity
to come into contact with any tree or planting subject to the jurisdiction
of the Shade Tree Commission in such a manner as may injure, destroy,
damage or kill said tree or other planting.
B.
Every person, firm or corporation having control over any wire for
the transmission of electric current upon a public highway shall,
at all times, guard all trees or other plantings through which or
near which such wire passes against any injury from the wire or electric
current carried by said wire. The device or means used shall, in every
case, be subject to the approval of the Shade Tree Commission.
It shall be unlawful for any person, firm or corporation to
interfere or cause or authorize or procure any interference with any
lawful work undertaken by the Shade Tree Commission, or any of its
authorized agents, while they are engaged in and about the planting,
cultivating, pruning, spraying or removal of any tree or other planting
subject to the jurisdiction of the Shade Tree Commission.
It shall be the duty of the Shade Tree Commission, subject to
its review and approval, which shall be subject to the sole discretion
of the Shade Tree Commission, from time to time, to plant trees and
other plantings in those areas which are subject to the jurisdiction
of the Shade Tree Commission.
As used in this article, "park" means a park, playground, picnic
area, recreation area, conservation area, or similar place or property,
or any open space, owned or controlled by the Borough of Prospect
Park.
A.
Any person, firm or corporation convicted of violating any of the
provisions of this article shall be subject to a fine not to exceed
$1,500 for each violation.
B.
In addition to the penalties provided by Subsection A, the Shade Tree Commission may require a person who removes or otherwise destroys a tree or other planting subject to the jurisdiction of the Commission in violation of this article to pay a replacement assessment to the Borough. The replacement assessment shall be the value of the tree or other planting as determined by the appraisal of a trained forester or certified tree expert retained by the Commission for that purpose. In lieu of an appraisal, the Commission may adopt a formula and schedule based upon the number of square inches contained in a cross section of the trunk of the tree or other planting, multiplied by a predetermined value per square inch, not to exceed $27 per square inch. The square inch cross section shall be calculated from the diameter at breast height and, if there is a multiple stem tree, then each trunk shall be measured and an average shall be determined for the tree. For the purpose of this section, "diameter at breast height" shall mean the diameter of the tree taken at a point 4 1/2 feet above ground level. The Commission shall modify the value of the tree based upon its species, variety, location and its condition at the time of removal or destruction.
The Borough of Prospect Park finds that the development of unimproved
or vacant land for the purpose of erecting buildings or structures
has resulted in indiscriminate and excess removal of trees upon tracts
of land and has resulted in creating increased surface drainage and
soil erosion, thereby increasing municipal costs to control drainage
within the Borough. It further finds that such excessive removal and
destruction of trees impairs the proper occupancy of existing residential
areas and impairs the stability and value of improved and unimproved
real property in such areas, with attendant deterioration of conditions
affecting the health, safety and general welfare of the inhabitants
of the Borough, and further finds that regulations for the indiscriminate
removal of trees is within the police power of the Borough.
For the purposes of this article, the following words shall
have the meanings indicated:
The distance from the side and rear property lines beginning
at the front setback line of the lot and running to the rear line.
A parcel of land upon which a building or structure has been
or may be erected in accordance with planning and zoning laws of the
Borough.
A license issued by the Construction Official to remove or
destroy trees from any unimproved or vacant land as defined in this
article.
Any living tree having a trunk of a diameter of eight inches
or greater measuring at a height of three feet above natural grade.
Such privately owned land upon which no building or structure
has been completely built, for a period of two years after the certificate
of occupancy is issued.
The provisions of this article shall apply to all unimproved
or vacant lands within the Borough.
A.
Permit required. No property owner shall remove or destroy or cause
to be removed or destroyed by any person any tree on any unimproved
or vacant tract of land within the Borough unless a permit is obtained
for such removal.
B.
Application fee. The permit shall be obtained from the Construction
Official upon an application being made therefor and a fee of $10
being paid with each application.
C.
Application information where no building permit is requested. An
application for a permit for removal or destruction of any tree or
tract where no building permit is requested or contemplated shall
contain the name of the applicant, the name of the owner of the property
with the consent of the owner if different from the applicant, the
location and species of trees on a sketch of the property and the
reasons for the removal or destruction.
D.
Application information where building permit is sought. An applicant/owner
shall file, along with an application for a permit for removal or
destruction of trees where a building permit for construction is being
sought, a site plan, and a tree plan showing the location and species
of trees on site and which trees on the property are to be removed,
together with the condition of such trees shown on the plan by the
architect or engineer, under the seal of such architect or engineer.
E.
Determination of Land Use Board; issuance of permits. In the event
of an application for development pending before the Land Use Board,
the Land Use Board shall determine which trees may be removed, and
the permit for such removal shall be issued by the Construction Official
at the time of the issuance of the building permit.
F.
Referral to other agencies. The Land Use Board shall refer all applications
to the Shade Tree Commission for their examination and opinion. Their
report shall be submitted to the Land Use Board within 20 days of
receipt of same. The Land Use Board shall not be bound by the recommendations
of these committees, and failure to submit a report to the Land Use
Board within 20 days shall not be construed as a restriction at any
time following the expiration of the twenty-day period.
G.
Surety bond required where building permit is sought. In all cases
of application for permit where a building permit is applied for,
there shall accompany the application a cash or surety bond in a minimum
sum of $500 for each acre with the application for building permit,
with the amount to be determined by the Construction Official, which
bond shall assure compliance with the preservation of those trees
not to be removed, which bond shall be returned with the certificate
of occupancy, less any costs expended by the Borough to replace trees
improperly removed or destroyed in violation of the permit.
H.
In cases where the service of a tree expert is required in cases
where a building permit is applied for at the same time, the cost
thereof shall be borne by the applicant and payment of the same shall
be a condition precedent to the release of the bond filed or the issuance
of a permit.
I.
Appeal. In the event of denial of any permit by the Construction
Official, the applicant may appeal that decision to the Land Use Board
as provided by statute.
The following shall be the standards to be applied in determining
which tree may be removed:
A.
Hardship in such cases shall be based on an examination of all the
circumstances considering the applicant's hardship. If the hardship
of the owner outweighs the public benefit promoted by retention of
trees, a hardship requiring removal may be found to exist.
B.
Any area to be occupied by a building, driveway, walkway, drainage
field, septic tank or recreation area (tennis courts, swimming pools
or similar facilities) may have the trees removed but not more than
15 feet around the perimeter of such facilities.
C.
The area in the required buffer shall remain undisturbed.
D.
The area that has a cut or fill deemed injurious or dangerous to
trees may have removal of trees in such area, as determined by the
Construction Official.
E.
The Construction Official shall view the land where the tree or trees
are to be removed, as well as drainage or other physical conditions
existing on the subject or adjoining property, and may consider the
opinion of the Shade Tree Commission.
F.
The permit shall be granted if there is a finding that the removal
and destruction will not impair the growth and development of remaining
trees on the property of the applicant or adjacent properties and
would not cause erosion of soil, impair existing drainage, lessen
property values in the neighborhood or impair the aesthetic value
of the area.
A.
Protection of trees. No soil material, permanent or temporary, shall
be placed within six feet of any tree. Where grading may be required,
trees shall be walled in with extension tile to the outer crown of
the tree. No structure, equipment or movable machinery which would
injure the tree shall be permitted to operate within six feet of any
trees in order not to disturb the soil and thereby injure the tree.
Prior to removal for construction activity, all trees to be retained
shall be tagged. Said tagging shall be reviewed by the office of the
Construction Official.
No fee shall be charged for a permit required for the removal
of diseased or damaged trees.
Any person violating any of the provisions of this article shall
be subject to fines, imprisonment or community service not exceeding
the penalties provided in N.J.S.A. 40:69A-29(b).
