This chapter shall be known as and may be cited as the "Environmental
Tree Protection Ordinance of the Borough of Roosevelt."
The purpose of this chapter is to preserve trees and woodlands
throughout the Borough of Roosevelt, and to restrict the removal of
trees, thereby maintaining the beauty and character of the Borough,
preventing erosion, and restricting any action that could create a
hazard to persons or properties.
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
and words in the singular number include the plural number. The word
"shall" is always mandatory and not merely directory.
APPLICANT
Any person making application to the Tree Conservation Officer
for a tree removal permit.
CLEAR CUTTING
The removal of more than 20% of the total number of trees,
six inches in DBH or greater of any type of trees on a lot and located
outside of the necessary footprint as defined below.
DIAMETER AT BREAST HEIGHT (DBH)
The diameter of a tree measured at breast height, which is
approximately 4 1/2 feet above the ground. The diameter of a
multi-trunked tree shall be 2/3 of the sum of the diameters of all
trunks but not less than the diameter of the largest trunk. Diameter
shall be calculated to be 1/3 of the circumference for the purpose
of this definition.
EMERGENCY
Any unforeseen circumstance or occurrence, the existence
of which constitutes a clear and immediate danger or hazard to person
or property.
MITIGATION PLAN
A plan prepared by a qualified person acceptable to the Tree
Conservation Officer showing the planting of replacement trees on
the property on which tree removal activity is taking place or on
other properties within the Borough. Said plan must depict, in a manner
acceptable to the Tree Conservation Officer, a reasonable scheme for
the ultimate full replacement of trees removed.
NECESSARY FOOTPRINT
The portion of the lot located within a line drawn 15 feet
outside the limits of any existing principal structure or any proposed
principal structure for which site plan approval has been granted
or a valid building permit or other necessary municipal approval exists;
and within five feet outside the limit of any existing accessory structure
or any proposed accessory building and/or accessory structure for
which site plan approval has been granted or a valid building permit
or other necessary municipal approval exists.
PERMITTEE
Any person who has been issued a permit pursuant to the terms
and conditions of this section and who is obligated to fulfill all
the terms of this chapter.
PERSON
Any person, firm, partnership, association, corporation,
company, or public or private organization of any kind other than
those exempted from the provisions of this chapter.
SPECIMEN TREE or SIGNIFICANT SPECIMEN TREE
Any tree or ornamental tree with a diameter at breast height
(DBH) exceeding 60% of that of the largest similar tree listed in
either of these references: Monmouth County's Largest Trees, prepared
and updated annually by the Monmouth County Shade Tree Commission,
or New Jersey's Big Trees, prepared and updated biannually by the
Division of Parks and Forestry of the New Jersey Department of Environmental
Protection.
THINNING
The removal of undesirable, competitive, diseased or damaged
trees so as to improve the development of the remaining trees on a
lot.
TREE
Any living deciduous or coniferous (evergreen) tree which
is six inches in DBH or greater, with a normally anticipated mature
height of 20 feet or greater.
TREE CONSERVATION OFFICER
The person designated by resolution of the Borough Council
to administer and enforce this section. If no such person is designated,
the Borough Clerk or the Clerk's designee shall act as Tree Conservation
Officer.
TREE EXPERT
A specialist in trees or tree care whose qualifications are
acceptable to the Tree Conservation Officer.
TREE, ORNAMENTAL
Any living Dogwood, American Holly, Native Laurel and any
other small decorative tree with a normally anticipated mature height
of six feet or greater (including, but not limited to: Birch, Japanese
Maple, Cherry, Crabapple, and Magnolia).
TREE, STREET
Any deciduous hardwood shade tree whose center point at ground
level is located within the Borough or county right-of-way.
The activities described in this chapter and any substantially
similar activity are prohibited activities:
a. Removing, causing or permitting the removal of any significant specimen tree as defined in §
19-3 above without first obtaining variance relief.
b. Removing, causing or permitting the removal of any tree having a
trunk diameter of six inches DBH or larger without first obtaining
a tree removal permit.
c. Removing, causing or permitting the removal of any ornamental tree
having a size as follows:
1. Three inches DBH or larger for any Dogwood (Cornus Florida) or American
Holly (Illex Opaca);
2. Four inches DBH or larger for any other ornamental tree.
d. Clear cutting or the removal of more than 20% of the total number of trees, six inches in DBH or greater of any size or type of trees within an area on a lot and located outside of the necessary footprint as defined in §
19-3 or removal of 20% of the trees on slopes steeper than 15%.
e. Undertaking, causing or permitting any activities including occupancy, demolition or construction on, or adjacent to, any lot which may damage; or otherwise causing or permitting any damage, injury or disfigurement to any tree or ornamental tree described in Subsection
a above.
f. Removing or damaging any street tree without authorization from the
Borough of Roosevelt.
[Amended 5-6-2024 by Ord. No. 2024-05]
a. No tree(s) shall be removed on any lot unless the tree(s) are replaced
in accordance with the Tree Replacement Requirements Table hereinbelow.
Tree Replacement Requirements Table
|
---|
Category
|
Trees Removed (DBH)
|
Tree Replacement Requirement
|
---|
1
|
DBH of 2.5 inches (for street trees) or 6 inches (for non-street
trees) to 12.99 inches
|
Replant one tree
|
2
|
DBH of 13 inches to 22.99 inches
|
Replant two trees
|
3
|
DBH of 23 inches to 32.99 inches
|
Replant three trees
|
4
|
DBH of 33 inches or greater
|
Replant four trees
|
b. No replacement tree shall have a DBH less than two inches and all
replacement trees shall be selected from the list of approved replacement
tree species established by the Environmental Commission.
c. All replacement trees shall be installed on the subject site. If, in the opinion of the Tree Conservation Officer, sufficient space is not available on the subject property, the trees may be installed on an alternate site within the Borough, acceptable to the Tree Conservation Officer; however, the Tree Conservation Officer may waive this requirement when in his/her opinion it is in the best interest of the Borough, subject to the applicant posting a contribution in the amount of $500 per tree. Funds collected by the Borough from applicants as a result of waivers shall be maintained in the Shade Tree Trust Fund established pursuant to §
19-14 hereinbelow, the proceeds of which shall be available to install and maintain shade trees throughout the Borough.
d. Tree replacement and/or tree mitigation shall be shown on a landscape
plan or other document prepared by a qualified professional, acceptable
to the Tree Conservation Officer.
e. The Tree Conservation Officer shall seek the advice of such Borough
officials, agencies, committees, boards, commissions, or independent
Borough tree experts, as the Officer may believe necessary in evaluating
the mitigation plan.
f. An applicant shall be required to post performance cash and maintenance
guarantees to assure compliance with the provisions of any tree removal
permit and this chapter and assuring provision of replacement plantings
required by any mitigation plan or trees damaged or trees removed
contrary to the terms of any tree removal permit or this chapter.
In connection with any construction, subsequent to tree clearing
but prior to the start of other construction, snow fencing or other
protective barrier acceptable to the Construction Official and/or
Tree Conservation Officer shall be placed around trees and street
trees that are not to be removed. The protective barrier shall be
placed at the drip line (or canopy line) of any tree and shall remain
in place until all construction activity is terminated. No equipment,
chemicals, soil deposits or construction material shall be placed
within any areas so protected by barriers. Any landscaping or utility
activities subsequent to the removal of the barriers shall be accomplished
with light machinery or hand labor. Tree protection measures shall
be in place prior to the issuance of any tree removal permit or building
permit.
In the event of an emergency, any person, otherwise subject
to this chapter, having responsibility, jurisdiction and/or authority
to cure, remedy or mitigate dangerous, hazardous, inconvenient, unhealthy
or obnoxious conditions resulting from the emergency may, without
first applying for and obtaining a permit under this chapter, take
any lawful action which is otherwise a tree removal activity. However,
such person, or the agent or designee of such person, shall apply
for a tree removal permit not later than the end of the second succeeding
business day after any tree removal activity takes place and may not
proceed with nonemergency work including restoration until a permit
is obtained.
This chapter shall not apply to prohibited activities by:
a. The Borough or those acting under the control and direction of the
Borough including any person acting pursuant to a specific agreement
or contract approved by the Borough Council.
b. Federal, state or county agencies or those acting under their control
and direction.
c. Entities having, by their charters and the laws of the state, authority
to engage in a prohibited activity without the consent of the Borough
but only insofar as the purpose to which such authority extends; in
all other respects, such entities shall comply with this chapter.
d. Commercial nurseries and similar established legally operating uses.
e. Properties operating under a silviculture or forestry management
plan approved by the State of New Jersey.
f. Utility companies with public rights-of-way when such companies are
operating under the jurisdiction of the public agency controlling
the rights-of-way.
[Added 5-6-2024 by Ord. No. 2024-05]
This chapter shall be enforced by the Zoning Officer and the
Code Enforcement Officer in the ordinary course of their respective
duties.
[Added 5-6-2024 by Ord. No. 2024-05]
There is hereby established a Shade Tree Trust Fund which shall
receive contributions in accordance with this chapter. The Shade Tree
Trust Fund shall be administered in accordance with applicable local
government finance laws and be used for the purposes of planting new
shade trees and maintaining existing shade trees on public property
within the Borough of Roosevelt. The Borough CFO shall administer
the Shade Tree Trust Fund.