A.
General application requirements. A person desiring to remove or otherwise destroy a tree or trees as provided for in § 425-8 shall first apply to the Shade Tree Commission for a permit, on forms provided by the Borough and containing the information required in Subsections B, C and D of this section. All filings and materials submitted to the Borough under this section shall be provided to the Shade Tree Commission in both electronic and hard copy formats, to scale where appropriate.
B.
Narrative. The application required by Subsection A above shall include a narrative specifying:
(1)
The location of the premises where the tree removal or destruction
is to take place, by street address;
(2)
The name and mailing address of the owner of the premises;
(3)
The name and mailing address of the applicant for the permit, if
other than the owner, accompanied by the owner's consent to said application;
(4)
A list providing the species, DBH and number of trees to be destroyed
or removed;
(5)
The reason or purpose for the destruction or removal of trees; and
(6)
A description of the applicant's tree replacement plan, in accordance
with subsection (d) below.
C.
Sketch/printed plan. The application required by Subsection A above shall be accompanied by a sketch and/or printed plan showing the following:
(1)
The size of the lot;
(2)
All structures and their appurtenances, including but not limited
to any building, garage, shed, deck, pool, driveway, walkway, patio
or other impervious surface;
(3)
The location upon the lot where the destruction or removal of the
tree or trees is proposed;
(4)
The identity and location of trees to be destroyed or removed;
(5)
The location of all streams and wetlands on the lot; and
(6)
The proposed location(s) for planting of replacement tree(s), as
well as their species and DBH.
D.
Tree replacement plan. The application required by Subsection A above shall be accompanied by a narrative and/or sketch or printed plan showing a tree replacement plan, to include and comply with the following:
(1)
The tree replacement plan shall provide for replacing the removed
or destroyed tree(s) in the same or contiguous location(s) on the
premises, and in accordance with the following specific requirements.
The tree replacement plan shall require that the applicant replace
each removed or destroyed tree with one or more trees depending upon
the DBH of the removed or destroyed tree, in accordance with Schedule
A: "Tree Replacement Schedule."
(2)
Based on industry standards and site conditions on the premises,
and in consultation with the Shade Tree Commission, the applicant
may, in lieu of on-premises planting of the required replacement tree(s),
be permitted to plant the replacement tree(s) on one or more appropriate
off-premises locations, or pay a tree replacement fee into the Bradley
Beach Shade Tree Trust Reserve for each tree removed based on the
foregoing Tree Replacement Schedule. The tree replacement fee shall
represent the cost to replace the removed or destroyed tree(s), including
administration and labor costs. At least 50% of the required replacement
trees shall be planted either on the premises or in an appropriate
off-premises location(s). As used hereafter, the phrase "tree replacement
plan" shall be deemed to include reference to the payment of a tree
replacement fee.
(3)
The tree replacement plan shall identify the applicant's proposal for compliance with this Subsection D, including specifying the species, size and quantity of replacement trees, the proposed location(s) for planting of replacement trees on and off the premises and the applicant's acknowledgment of the required tree replacement fees. In order to maintain the existing canopy, preference shall be for the replacement of deciduous trees with deciduous trees and evergreen trees with evergreen trees.
|
SCHEDULE A - TREE REPLACEMENT SCHEDULE
| ||
|---|---|---|
|
Tree Removed/Destroyed
|
Required Replacement Tree*
|
Tree Replacement Fee
|
|
Tree with DBH of 5" to 7.99"
|
One replacement tree
|
$250
|
|
Tree with DBH of 8" to 16.99"
|
One replacement tree
|
$500
|
|
Tree with DBH of 17" to 30.99"
|
Two replacement trees
|
$1,000
|
|
Tree with DBH greater than 31"
|
Three replacement trees
|
$2,000
|
|
*
|
Replacement trees for the planting strip must be from the "required
trees for planting strips" list. Replacement trees for private property
are recommended to be from either the "suggested trees for private
property" list or the "required trees for planting strips" list. All
replacement trees must measure at least 2 1/2 inches in caliper.
|
E.
Marking. The applicant shall conspicuously mark each tree to be removed
or destroyed with a material which can be wrapped around the trunk
of each tree, such as ribbon or string.
F.
Fee. The fee for each permit application shall be $50.
G.
Stump removal. All trees removed from the planting strip must have
their stumps removed to eight to 12 feet below grade and backfilled
to grade.
A.
The Bradley Beach Code Official, or in his or her absence or incapacity, the Commission, shall accept for filing the permit application referenced in § 425-10 hereinabove. Said application shall be date and time stamped when received. Thereafter, the Commission or the licensed tree expert shall, within 20 business days of receipt of the completed application:
(1)
Visit and inspect the location and inspect the land and trees that
are the subject of the application, and the submission of an application
shall constitute permission from the applicant for the Commission
to enter property upon reasonable notice for said inspection;
(2)
If necessary, meet with the applicant to discuss the application;
and
(3)
Grant or deny the requested permit in whole or in part, or make recommendations
that would make the application acceptable to the Shade Tree Commission
or licensed tree expert, in writing and in accordance with the following
considerations:
(a)
Whether the removal or destruction of the tree or trees will
cause or contribute to physical or environmental problems on the land
and other property, including but not limited to flooding, soil instability
and erosion.
(b)
Whether the destruction or removal of the tree or trees will
have a negative impact on the contiguous canopy or on the growth and
development of the remaining trees on the land and other property.
(c)
Whether the destruction or removal of the tree or trees will
have a negative aesthetic or visual impact on the land and other property.
(d)
Whether the destruction or removal of the tree or trees will
threaten or otherwise lead to a loss of wildlife habitat or tree species.
(f)
Whether the destruction or removal of the tree or trees is under
the jurisdiction of a New Jersey or federal agency.
(g)
Whether the destruction or removal of the tree or trees is a
part of an overall landscape plan for the property.
(h)
Whether a denial of the permit, in whole or part, would cause
an undue hardship on the applicant.
(i)
Whether the applicant's tree replacement plan will mitigate
the negative impact that the tree removal or destruction will have
on the land and other property.
B.
A decision other than one to grant the requested permit in its entirety
shall include the Shade Tree Commission's or licensed tree expert's
written findings and reasons for said decision.
C.
The failure of the Shade Tree Commission to grant or deny the application
for a permit for the removal or destruction of a tree or trees within
the twenty-business-day period shall constitute approval of said application
and entitle the applicant to the permit requested unless an extension
of the twenty-business-day period has been agreed upon between the
applicant and the Shade Tree Commission in writing before the period
expires.
D.
The removal of trees and any tree replacement plan are to be implemented
within one year from issuance of the permit. A permit shall expire
and shall no longer be in effect 12 months after the date said permit
was first granted, unless an extension of the twelve-month period
has been agreed upon between the permittee and the Shade Tree Commission
in writing before the period expires.
E.
Permits may be transferred only within 90 days of their date of issuance.
A.
If an application for a permit is denied or otherwise not granted
in whole, the applicant shall have a right to appeal the matter.
B.
The applicant may appeal to the Shade Tree Commission or may choose
to appeal directly to the governing body. "Written notice" under this
section may be provided electronically or in hard copy by the appellant
and/or the Borough in connection with the processing of any appeals
hereunder. Should the applicant choose to appeal to the Shade Tree
Commission and is not thereafter satisfied with the Shade Tree Commission's
decision, the applicant shall have the right to appeal to the governing
body. An applicant who appeals the Shade Tree Commission's decision
directly to the governing body waives his or her right to appeal to
the Commission.
(1)
Appeal to Shade Tree Commission. An appeal to the Shade Tree Commission is taken by submitting written notice to the Commission within 10 days of receipt of a full or partial denial. The applicant will be notified as to the date and time when his or her matter will be heard by the Commission. The Shade Tree Commission shall decide the matter anew and in accordance with the standards set forth in § 425-11A(3) hereinabove. The Shade Tree Commission shall render its decision within 45 days of receipt of the written notice of appeal. The failure of the Shade Tree Commission to decide the appeal within 45 days shall constitute reversal of the decision by the enforcement officer. In any event, the applicant shall be notified of the Shade Tree Commission's action or failure to act by written notice from the Commission. If the applicant is not satisfied with the Shade Tree Commission's decision, then the applicant shall have a right to appeal to the mayor and council as set forth in § 425-12B(2) hereinbelow.
(2)
Appeal to governing body. An appeal to the governing body is taken by submitting written notice to the Borough Clerk within 10 days of receipt of the Shade Tree Commission's decision. The applicant will be notified as to the date and time when his or her matter will be heard by the governing body. The governing body shall decide the matter anew and in accordance with the standards set forth in § 425-11A(3) hereinabove. The governing body shall render their decision within 45 days of receipt of the written notice of appeal. The failure of the governing body to decide the appeal within 45 days shall constitute reversal of the decision being appealed. In any event, the applicant shall be notified of the governing body's action or failure to act by written notice from the Borough Clerk. If the applicant is not satisfied with the governing body's decision, then the applicant shall have a right to pursue an appeal in a court of competent jurisdiction as permitted by law.
