[HISTORY: Adopted by the Township Committee
of the Township of Maplewood as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-3-1974 by Ord. No. 1438 as
Section 3-9 of the 1974 Revised General Ordinances; amended in its
entirety 7-6-2021 by Ord. No. 3033-21]
Any person desiring for any lawful purpose to cut, prune, trim
or remove any tree in a public highway in the Township or to replace
an existing tree or plant an additional tree within the public highway
shall apply to the Director of the Department of Public Works ("Director"),
or Director's designee from the Department of Public Works, for permission.
A.
Application requirements. The applicant shall, in writing, indicate
the location and type of work and the species of tree to be planted.
The name of the nursery, and a guaranty from the nursery for the maintenance
of the tree for a period of at least one year after planting, shall
accompany the application.
B.
Permit and guaranty. Upon the approval of the application, the Director,
or Director's designee, shall issue a permit. The work shall be performed
or the tree planted in accordance with the instructions issued by
and under the supervision of the Department of Public Works. After
the maintenance period of one year has expired, the tree, if satisfactory,
will be accepted and classed as other trees existing along the public
highways.
A.
Planting. The Director, or Director's designee, may cause the planting
of shade trees, as it deems advisable or necessary, on the public
highways and in the parks or parkways of the Township. The Director,
or Director's designee, may also provide proper guards for the rearing
and preserving of the trees.
B.
Prunings; sprayings. The Director, or Director's designee, may cause
the trimming or spraying of the shade trees in the public highways
and the Township parks and parkways and take such other measures as
it deems best for the preservation of the same.
C.
Destruction for public safety.
(1)
The Director, or Director's designee, may cause the destruction and
removal of shade trees in the public highways and in the Township
parks and parkways which grow into or obstruct the sanitary sewers
or surface water drains of the Township or which may threaten to grow
into or obstruct sanitary sewers or surface water drains or any portion
of the same.
(2)
The Director, or Director's designee, may cause the destruction
and removal of any shade trees which may by their roots have occasioned
the upheaval or breaking up of a sidewalk or curb or gutter or which
may threaten the upheaval or breaking up of the sidewalk, curb or
gutter and of any other trees, shrubs and plants in the Township parks
and parkways which it may deem necessary or advisable.
[Amended 4-2-2024 by Ord. No. 3115-24]
(3)
The Director, or Director's designee, shall give an owner of the
property on which a tree to be removed is located at least two weeks'
written notice by regular mail at the last known post office address,
if the same is ascertainable, of the intention to remove or cause
the removal of any tree in any street or highway (excepting, however,
any tree in any park or parkway). In lieu of a written notice by regular
mail two weeks before a tree is removed, the property owner may sign
a waiver prepared and provided by the Department of Public Works allowing
the tree to be removed in less than two weeks' time.
(4)
The owner shall have due opportunity to be heard before final action
is taken for the removal of the tree. If, however, in the opinion
of the Director, or Director's designee, public safety requires immediate
removal, no notice shall be necessary.
(5)
The Director, or Director's designee, upon notification of a
vegetation plan from a public utility, shall direct the Township Arborist
to evaluate said plan to determine if any tree subject to removal
may be preserved through pruning. The Director, or Director's
designee, shall share and discuss the Arborist's tree evaluation
with the public utility. The Director is authorized to discuss a voluntary
tree replacement option with the public utility.
[Added 4-2-2024 by Ord.
No. 3115-24]
A.
It shall be unlawful for any person, except with the written permit
of the Township Engineer, to be issued at the direction of the Township
Committee, to place or maintain upon the ground in any public highway
or Township park or parkway any stone, cement or other material or
substance in any manner which may obstruct the free access of air
and water to the roots of any tree in any highway, Township park or
parkway.
B.
Unless otherwise provided for in written permit as provided in § 227-1A, there must be maintained about the base of the trunk of each shade tree in the public highways and Township parks and parkways at least six square feet of open ground for a tree of three inches in diameter, and for every two inches of increase of such diameter, there must be an increase of at least one square foot of open ground.
It shall be unlawful for any person:
A.
Owning or using or having control or charge of gas or other substance
deleterious to tree life to allow that gas or other substance to come
into contact with the soil surrounding the roots of any tree in any
public highway in the Township or of any tree, shrub or plant in any
Township park or parkway in such manner as may injure or kill or destroy
the tree, shrub or plant.
B.
To cause, authorize or procure any brine water, oil, liquid dye or
other substance deleterious to tree life to lie, leak, pour, flow
or drip on or into the soil about the base of a tree in any public
highway or of any tree, shrub or plant in any Township park or parkway
or onto a sidewalk, road or pavement therein at a point whence the
substance may by lying on or by flowing, dripping or seeping into
the soil, or in any other manner whatever, injure the tree, shrub,
or plant, or to cause or procure any lying, leaking, flowing, dripping,
seeping or injuring.
C.
To cause, authorize or procure a wire or other conductor charged
with electricity to come into contact with any tree in any public
highway or with any tree, shrub or plant in any Township park or parkway
in such manner as may injure or abuse or destroy or kill such tree,
shrub or plant.
D.
To attach or keep attached to any tree in any public highway or Township
park or parkway or to the guard or stake intended for the protection
of a tree any rope, wire, sign or any other device whatsoever.
E.
To tie any animal to any tree in any public highway, Township park
or parkway within the Township or, having charge of an animal, to
allow or cause or procure it to injure any tree, or for any person
in charge of an animal to cause or allow it to stand so that it injures
a tree.
F.
During the erection, repair, alteration or removal of any building
or structure within the Township of which he is in charge, to leave
any street tree in the vicinity of a building or structure without
good and sufficient guards or protectors which shall prevent injury
to the tree arising out of or by reason of erection, repair, alteration
or removal.
Any person who shall violate or authorize or procure a violation
of any provision of this article or of any permission given as aforesaid
shall, upon conviction thereof, forfeit and pay a penalty not to exceed
$1,000 for each and every offense.
[Adopted 4-15-2008 by Ord. No. 2541-08; amended in its entirety 7-6-2021 by Ord. No. 3033-21]
The terms and provisions of this article shall apply to all
privately owned trees within the Township of Maplewood. No building
or demolition permit, or any application to the Planning Board or
Board of Adjustment, shall be issued or approved until it is determined
that the applicant is in conformance with the provisions of this article
or that this article is not applicable. Applicability may be determined
by the agency to which the application is being made.
As used in this article, the following terms shall have the
meanings indicated:
The diameter of a tree trunk measured at four feet above
the ground.
A tree which has been determined to be of notable historic
interest and value to the Township of Maplewood because of its significant
association with important history of the community and which has
been so designated by the Maplewood Township Committee upon the recommendation
of the Maplewood Historic Preservation Commission.
A species of tree having prolific flowers or an unusual structure
or character, which species shall be designated by the Director or
Director's designee.
An individual, firm, corporation, partnership, joint venture,
limited-liability company, association, principal, trustee, municipal
corporation, special improvement district or any other entity or any
agent or representative of any of the foregoing.
A tree of special character or quality and so designated
by the Director, or Director's designee.
A nursery-grown certified tree, properly balled, marked with
a durable label indicating genus, species and variety, and satisfying
the standards established for nursery stock and installation set forth
in the American Standard for Nursery Stock.
[Added 4-2-2024 by Ord.
No. 3115-24]
Any tree which, as determined by the Director, or Director's
designee, has a life expectancy greater than 15 years and equals or
exceeds:
A fund established by the Township Committee to receive and
disburse replacement tree contributions and used for the sole purpose
of purchasing and planting of replacement trees within the Township.
Appropriations from the Tree Fund shall be authorized by the Township
Committee annually upon recommendations from the Director, or Director's
designee.
[Added 4-2-2024 by Ord.
No. 3115-24]
[Amended 4-2-2024 by Ord. No. 3115-24]
No person shall remove any tree 12 inches or more in caliper, or authorize the removal of such tree, on any land within the Township of Maplewood unless the owner of such tree or the person authorized by the owner to remove said tree shall first obtain a permit in accordance with § 227-8A. Permits in accordance with § 227-8A are also required to remove any trees in any projects that received approval from the Planning Board and/or Zoning Board of Adjustment.
A.
Said person shall have submitted a completed application to the Department
of Public Works. A completed application shall include:
(1)
The address of the property upon which the tree or trees are located;
(2)
The name and address of the owner and any agent of the owner duly
authorized for this purpose;
(3)
The reasons for requesting a permit to cut or remove said tree or
trees;
(4)
Evidence of the ownership of the tree or trees, such as a survey,
deed or photographs;
(5)
A diagram or other document which accurately sets forth the location
of the tree or trees;
(6)
The names and addresses of all abutting property owners to the property
upon which the tree or trees are located.
(7)
Evidence that all abutting property owners have been sent a certified
letter from the applicant stating that a tree removal permit will
be requested.
(8)
Evidence that a tree removal contractor, if being used, has adequate
insurance;
(9)
Representation by the contractor that it will comply with all applicable
state, OSHA, and ANSI standards;
(10)
Representation by the applicant that he/she will notify the
Maplewood Police Department of the date of removal so that the Maplewood
Police Department may close any street required for the safe removal
of the tree or trees;
(11)
Representation by the applicant that he/she will plant an equal
number of replacement trees, selected from the Township's tree
list, to be replanted at a location where the tree is to be removed
or, if not feasible to plant at the same location, make a payment
to the Tree Fund for each tree removed in an amount set forth annually
by the Director, or Director's designee. Such payment to the
Tree Fund must be made prior to the issuance of a permit;
(12)
Representation by the applicant that replacement trees planted
by the applicant shall be done by or supervised by a person with horticultural
training in tree care and planting methods;
(13)
Representation by the applicant that newly planted trees shall
be monitored for a period of one year to ensure the health of the
trees and that if the replacement trees die within a one-year period,
the applicant shall replace the dead tree.
B.
(Reserved)
C.
The Director, or Director's designee, shall review the application
and determine, in his/her discretion, to issue said permit, with due
consideration having been paid to the following:
(1)
Whether the proposed removal would impair the growth and development
of the remaining trees on the applicant's property or adjacent property.
(2)
Whether the proposed removal would adversely impact existing drainage
patterns.
(3)
Whether the proposed removal would cause soil erosion or increased
dust.
(4)
Whether the proposed removal would constitute a significant change
in the screening with respect to buildings on contiguous lots.
(5)
Whether the proposed removal would constitute a horticulturally advantageous
thinning of an existing overgrown area.
(6)
What overall effect the removal would have on the physical and aesthetic
value of the property.
(7)
Whether proposed or necessary changes in the topography of the area
where such tree or trees are located will depress land configuration
so as to be injurious to other trees located nearby, and whether these
changes will require welling, construction of any aerification system,
or other tree removal or replacement.
(9)
Whether the tree is in poor health and free of disease and whether
such weakness or disease in the tree can be adequately addressed by
removal or pruning of portions of the tree.
(10)
Whether the proposed removal is requested to facilitate the
installation of solar panels.
(11)
None of the above considerations shall have greater weight than
any other consideration, and the request to install solar panels shall
not be the sole basis for the removal of any tree.
D.
No permit shall be issued for the removal of an historic or rare
tree, as defined in this article, unless the Director, or Director's
designee, finds that the tree is in poor health or diseased and that
the condition of the tree poses a real and significant danger to persons
or property in the immediate area of such tree.
E.
Removal of specimen tree.
(1)
No permit shall be issued for the removal of a specimen tree, as
defined in this article, unless the Director, or Director's designee,
finds the tree:
(a)
Is in poor health or diseased and the condition of the tree
poses a real and significant danger to persons or property in the
immediate area of such tree; or
(b)
Stands in the way of development projects approved by the Planning
Board or the Board of Adjustment or are permitted by right of zoning.
(2)
Before issuing a permit, the Director, or Director's designee, shall
determine whether the condition can be resolved by removal or pruning
of portions of the tree.
F.
The Director, or Director's designee, shall determine whether or
not to issue a permit within 10 business days from the determination
that the application is complete. The Director, or Director's designee,
shall provide written reasons for the decision to issue or deny a
permit. Where appropriate, the Director, or Director's designee, shall
indicate guidelines and other measures which must be taken in order
to preserve other trees, persons, or property from damage caused by
the removal operation.
G.
Any permit issued by the Director, or Director's designee, shall
require the applicant to wait 10 business days before removal of any
trees.
Each applicant for a permit under this article shall pay a fee
of $100 per tree.
A.
In case of emergencies such as hurricane, windstorm, ice storm, flood
or other disaster, the requirements of these regulations may be waived
by the Director, or Director's designee, in consultation with the
Emergency Management Coordinator, upon a finding by the Director,
or Director's designee, that such a waiver is necessary so that public
or private work to restore order in the Township will not be impeded.
B.
In the event of emergencies that pose an imminent and significant
threat of severe personal injury by reason of collapse, or imminent
collapse, of a tree or trees, the owner of such tree or trees, with
prior verbal or electronic notification to the Director, or Director's
designee, may take such action as is necessary to remove the threat.
Any person taking such action shall, within 10 business days after
taking such action, submit a written report to the Director, or Director's
designee, describing why such action was necessary. If the Director,
or Director's designee, approves the emergent removal, all fees shall
be waived.
[Amended 4-2-2024 by Ord. No. 3115-24]
A person applying to remove a tree or an abutting property owner,
or a person who is required to plant a replacement tree or make a
payment to the tree fund, shall have the right to appeal a decision
by the Director, or Director's designee, to the two Maplewood Township
Committee members of the Sustainable Maplewood Committee. Such appeal
shall be by written notice stating the reasons upon which the appeal
is based and shall be filed with the Maplewood Township Clerk within
five business days of receipt of the certified letter from the applicant.
The filing of an appeal shall cause an automatic stay of a decision
by the Director, or Director's designee, until such time as the appeal
has been heard. The hearing shall take place within 30 days after
the Township Clerk receives the appeal. The Township Committee members
of the Sustainable Maplewood Committee may review documents and hear
testimony and shall then render its decision. The decision of the
Township Committee members of the Sustainable Maplewood Committee
shall be final.
A.
Any person violating any provision of this article is subject to
a penalty not to exceed $2,000 for each tree removed without a permit.
The penalty not to exceed $2,000 shall be assessed individually against
the property owner and the tree removal contractor, if used.
B.
Any person who shall remove a tree or trees after being denied a
permit is subject to a penalty not to exceed $2,000 for each tree
removed for which a permit was denied. The penalty shall be assessed
individually against the property owner and the tree removal contractor,
if used.
