Below are defined key terms to be used with this chapter.
DBH (DIAMETER AT BREAST HEIGHT)
The diameter of a tree trunk, when measured at a height of
4.5 feet above the ground at the base of the tree, calculated as the
circumference (or girth) of the tree divided by pi (3.1416). On sloping
ground the "above ground" reference point is the average between the
highest and lowest points of the ground at the base of the tree. If
the DBH point falls on a swelling in the trunk, it is measured below
the swelling point where the diameter is the smallest. In case of
trees with multiple trunks, the DBH of the trunk with the greatest
diameter shall be measured for permit purposes.
LICENSED TREE EXPERT
An individual who holds a New Jersey State Tree Expert license,
or is a Board Certified Arborist or Master Arborist under the International
Society of Arboriculture.
QUALIFIED TREE
Any tree with a diameter measured at breast height (DBH)
of eight inches or greater, on any lands within the Village of Ridgewood.
REPLACEMENT TREE
Any tree proposed to be considered as replacement for a qualified
tree removed under a permit.
The following tree conditions shall be exempt from the provisions of §
260-7. If a tree is deemed exempt, its removal shall not require a replacement tree or a permit. However, an application shall be made to determine if the tree is exempt prior to any action being taken unless an emergency situation exists.
A. Any and all trees directed to be removed by the Village of Ridgewood,
the County of Bergen, and the State of New Jersey authorities pursuant
to the law.
C. The removal
of any tree or trees growing on or over the public right-of-way or
public land with the consent of the Village's Arborist.
D. Removal
of any tree(s) that are dead, dying, or obviously diseased on private
property, as determined by a licensed tree expert.
E. Trees that
have suffered damage, trees whose growth has been significantly compromised,
or are a danger or hazard to structures and human life on private
property, as determined by a licensed tree expert.
F. Trees that
have suffered damage, trees whose growth has been significantly compromised,
or are a danger or hazard to structures and human life within the
public right-of-way, as confirmed by the Village Arborist or their
designee.
G. Pruning or the removal of trees within the right-of-way recognized
and accepted by public utility companies for the conveyance of their
services for the purpose of maintenance of said utility wires, cables,
or pipelines with their attendant appurtenances. This shall also include
the trimming or removal of trees that obstruct municipal signage,
traffic control devices, and compromised sight angles at intersections
and roadways for the safety of the public.
A. Tree removal
permits for qualified trees shall contain the following:
An application for a tree removal permit shall be filed with the Village Engineering Division for the removal of any qualified trees and for the determination of any applicable exemptions. Trees determined to be exempt shall not require a permit fee as described in Chapter
145, Section 260, Fees.
A tree removal permit shall be valid only for the location (property)
for which the application is made. The permit shall not authorize
trespass on any adjoining property.
Applications shall provide the following information:
(1) If
using a licensed tree expert, for any determinations regarding trees,
provide their name, address, title and license number.
(2) Lot
and block or lots and blocks of the proposed qualified tree removal
work. Street address of proposed work. Identity of the owner(s) of
the land where the work is proposed.
(3) Location
of the qualified tree on the property (front yard, rear yard, side
yard).
(4) The
purpose or reason for the removal of the qualified trees.
(5) The
number of qualified trees being removed. List by species and size
(diameter at breast height).
(6) Proposed
start date of the work. Proposed date of completion.
(7) A plan
for either replacing or offsetting the trees proposed to be removed
with the new tree's location on the property.
The Village' s Engineering Division shall, upon approval of
an application for a tree removal permit, issue a permit and shall
forward a duplicate of the permit to the Village Building Department
and the Village Arborist. All permits shall be visibly displayed on
the subject property until project completion.
The Director of Public Works or their designee; the Director
of Parks and Recreation or their designee, the designated Village
Arborist; or any other Village employee who may be designated by the
Village Manager, shall have the authority to enforce this chapter.
Enforcement shall mean the following:
A. Issuance
of a municipal summons for the violation of any sections of this chapter.
B. In addition
to any other applicable provision stated above, in the event a qualified
tree is removed without a permit, the Village's Director of Public
Works shall notify the registered property owner in writing that a
replacement tree for each qualified tree removed must be planted in
accordance with the provisions of this chapter. Upon failure to plant
replacement trees within a period of six months, seasonally dependent
on weather and proper planting seasons, an additional summons payable
at the violations window for first and second offenses.
Upon conviction or other determination of guilt for a violation
of this section, the fine for each offense shall not be less than
the cost of each replacement tree installed, plus a penalty of $500,
plus court costs.