[Amended in entirety 9-8-2020 by Ord. No. 3595. Prior history includes Ord. No. 3290.]
[Amended 9-8-2020 by Ord. No. 3595]
Any owner or tenant of lands lying within the Township of Belleville, where it shall be necessary and expedient for the preservation of the public health, safety or general welfare, shall remove from such lands dead and dying trees which are likely to endanger the lives and property of persons using the public sidewalks and streets of the Township of Belleville as determined by the Township Forester, within 30 days after written notice from the Construction Official to remove the same.
[Amended 9-8-2020 by Ord. No. 3595]
Said notice shall be given by delivering to the owner or tenant a written demand for the removal of said dead and dying trees from said lands, or by leaving the same at the residence of said owner or tenant with a member of the family above the age of 14 years, or, in case the owner is a nonresident, by mailing the same to said owner at his last known post office address, postage prepaid.
[Amended 9-8-2020 by Ord. No. 3595]
If said owner or tenant refuses or neglects to remove said dead and dying trees from said lands within said 30 days, said Construction Official or some person under his direction shall cause the removal of said dead and dying trees, and the cost of said removal shall be certified by said Construction Official to the Municipal Council of the Township of Belleville.
[Amended 9-8-2020 by Ord. No. 3595]
If the Municipal Council shall find the certificate of cost correct, said Council shall cause said cost to become a charge against the lands from which said dead and dying trees shall have been removed, and the amount so charged shall forthwith become a lien upon said lands and shall bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
[Amended 9-8-2020 by Ord. No. 3595]
Any person or persons, firm or corporation violating any of the provisions of this section shall, upon conviction thereof, pay a penalty of not more than $500 or be imprisoned for a term not exceeding 90 days, or both, for each offense. Each day a violation continues shall constitute a separate violation.
[Amended 9-8-2020 by Ord. No. 3595]
The imposition and collection of the penalty imposed for the violation of this section shall not bar the right of the Township of Belleville to collect the charges made against said lands.
[Amended 9-8-2020 by Ord. No. 3595]
As used in this section, the following terms shall have the meanings indicated:
Every person, firm, association, partnership, corporation and individual.
Shade and ornamental trees and shrubbery now located or which may hereafter be planted in any public highway, park or parkway, area between sidewalks and curbs and/or Township right-of-way of public streets in the Township, except those located or planted on county highways, parks and parkways and state highways.
All streets, roads, roadways, public highways, parks or parkways, public alleys and public places in the Township, except county parks, parkways and highways and state highways.
[Amended 9-8-2020 by Ord. No. 3595]
No person, firm or corporation or individual connected with such firm or corporation shall do or cause to be done by others to any tree, shrub or plant on a public highway or place, either purposely, carelessly or negligently, without the permission of the Township Forester, any of the following acts:
[Amended 9-8-2020 by Ord. No. 3595]
a.
No person or corporation shall, without the permission of the Township Forester or Code Enforcement Department, place or maintain or cause to be placed or maintained upon the ground in any public highway or place any stone, cement or other sidewalks or any stone, asphalt, cement or other substance which shall impede the free access of air and water to the roots of any tree or shrub in any public highway or place.
b.
An open space of not less than two feet outside the trunks of trees at their bases on all sides must be maintained on all trees on public highways except where limited by curb and/or sidewalks.
[Amended 9-8-2020 by Ord. No. 3595]
No person shall place salt, brine, oil, chemicals or other substances injurious to plant growth in any public highway or place in such a manner as to injure any tree or shrub growing thereon.
[Amended 9-8-2020 by Ord. No. 3595]
No person, firm or corporation is permitted to lay any sidewalk along or to open, construct, curb or pave any street or do any like act so as to interfere with or do injury to any highway shade tree without written consent of the Township Forester and Code Enforcement Department.
[Amended 9-8-2020 by Ord. No. 3595]
a.
In the erection, altering or repairing of any building or structure, the owner or contractor thereof shall place such guards around all nearby trees in public highways or places as will effectually prevent injury to such trees.
b.
No person, firm or corporation shall do any excavating within six feet of any tree or shrub without the written permission of the Code Enforcement Department.
c.
Shovels and all other implements, machines and tools shall be used or operated in such a manner as not to damage or destroy any tree, shrub or plant in any public highway or place.
d.
Where in authorized excavations it becomes necessary to expose or cut roots more than one inch in diameter, it shall be the duty of the contractor to protect such roots under the supervision of the Code Enforcement Department.
[Repealed 9-8-2020 by Ord. No. 3595]
[Repealed 9-8-2020 by Ord. No. 3595]
[Repealed 9-8-2020 by Ord. No. 3595]
[Repealed 9-8-2020 by Ord. No. 3595]
[Amended 9-8-2020 by Ord. No. 3595]
a.
Every person, firm or corporation having or maintaining any electric, telephone, telegraph or other wires running through a public right-of-way shall securely fasten and maintain such wires in such a manner as will safeguard the trees and shrubs against any damage therefrom and shall make periodic adjustments whenever necessary to prevent damage to trees and shrubs growing in any public highway or place.
b.
Every person or corporation having any wire or wires charged with electricity running through a public right-of-way shall temporarily remove any such wire or wires or the electricity therefrom when it shall be necessary in order to take down or prune any trees growing in a public highway within 24 hours after the service upon the owner of said wire or wires, or upon his agent, of a written notice to remove said wire or wires or the electricity therefrom, signed by the Code Enforcement Department or its Secretary upon the order of the Code Enforcement Department.
c.
No person, firm or corporation shall, without permission of the Township Forester, attach or fasten any wire, insulator or other device for holding any wire to any tree or shrub in any public highway or place.
d.
Any utility company or its agents may, with prior permission from the Township Forester, prune and remove trees for line clearance of utility wires pursuant to nationally recognized line clearance standards.
[Repealed 9-8-2020 by Ord. No. 3595]
[Repealed 9-8-2020 by Ord. No. 3595]
[Amended 9-8-2020 by Ord. No. 3595]
Whereas, the preservation, protection and planting of trees aids in the stabilization of soil by the prevention of erosion and sedimentation; reduces stormwater runoff and the potential damage it may create; aids in the removal of pollutants from the air and assists in the generation of oxygen; provides a buffer and screen against noise and pollution; provides protection against severe weather; aids in the control of drainage and restoration of denuded soil subsequent to construction or grading; provides a haven for birds and other wildlife and otherwise enhances the environment; protects and increases property values; conserves and enhances the Township's physical and aesthetic appearance; and generally protects the public health and safety, as well as the general welfare.
[Amended 9-8-2020 by Ord. No. 3595]
As used in this section, the following terms shall have the meanings indicated:
A licensed Construction Official by the New Jersey Department of Community Affairs designated by the Township.
The circular area surrounding a tree, the radius of which area shall be the distance from the trunk of the tree to the outermost branches of the tree.
Any tree designated and identified as such by the Construction Official pursuant to the standards set forth in this section.
Any tree growing on private property other than in Township right-of-way or public property.
Any healthy woody perennial plant having a diameter greater than eighteen (18) inches measured at a point four (4) feet above the ground.
[Amended 9-8-2020 by Ord. No. 3595]
a.
Permit required. No person shall cut or remove, or cause or permit to be cut or removed, any landmark or significant tree on any land within the Township unless the person shall have first obtained a permit therefor in accordance with the regulations and provisions of this section.
b.
Permit procedures:
1.
Any person desiring to cut or remove any landmark or significant tree or trees within the Township shall file an application therefor with the Construction Official on a form to be provided for that purpose. The application shall identify:
(a)
The tax lot and block of the tract of land upon which the tree or trees are located;
(b)
The name and address of the owner or duly authorized agent of the owner;
(c)
The reasons for requesting a permit to cut or remove same, including the condition of such tree or trees as dead, poor or good;
(d)
An original and two copies of a tree removal plan consisting of a map showing the location of the tree or trees to be removed, the species of such tree or trees, and the diameter of such tree or trees measured at a point four feet above the ground;
(e)
Indemnify and hold the Township harmless against any and all liability, damages and costs resulting from or arising out of the applicant's cutting or removal of any tree or trees; and
(f)
The application fee pursuant to paragraph d1.
2.
The Township Forester shall review the application, which shall, upon filing, be deemed to constitute consent from the applicant to the Township Forester and/or such person or persons as he/she may designate in writing for entry upon the land for the purpose of inspection. The applicant shall plane a one inch wide red, yellow or blue ribbon around the trunk of the tree or trees to be removed at a height of four feet above the ground so that the tree or trees may be inspected by the Township Forester. In reviewing any such application, the Township Forester may at his/her discretion consult the Township Engineer, Construction Official or other individual, as he/she may deem necessary or advisable. Except as otherwise hereinafter provided in paragraph b3, within 20 business days excluding Saturday, Sundays and legal holidays from the filing of an application hereunder, the Township Forester shall endorse his/her decision. In addition, where appropriate, the Township Forester shall indicate on such application any guidelines and preventive measures to be taken to preserve from injury or destruction trees not sought to be cut or removed. Among the conditions which the Township Forester may impose on a permit are requirement of replanting trees, shrubs or ground covers if trees that provide buffer, reduce soil erosion, or serve other beneficial purposes are to be removed. Any application approved, in whole or in part, shall automatically become a permit in accordance with the terms of endorsement. Any permit not acted upon within three months from the date of such approval shall automatically expire.
3.
Upon the filing of any application for cutting or removal of landmark or significant trees located on any lot or tract for which an application for a building permit or subdivision or site plan review is required to be submitted to the Construction Official, the Township Planning Board or the Board of Adjustment, the applicant shall furnish the Township Forester with a copy of the building permit application or subdivision plat or site plan therefor, and the Township Forester may withhold his/her endorsement pending receipt of written notice of official action with respect to such building permit, subdivision plat or site plan application. Within 20 business days excluding Saturdays, Sundays, and legal holidays of the receipt of such notice, the Township Forester shall act upon the application as provided in paragraph b2 above.
c.
Standards. The following standards for review of applications by the Township Forester shall apply.
1.
Permitted removal. No trees shall be permitted to be removed unless, at minimum, the tree is:
(a)
Located within the building footprint of a proposed principal building;
(b)
Dead or poses a safety hazard;
(c)
Located within 15 feet of any building;
(d)
Located within the area of a proposed driveway, walkway, utility line, accessory building or any other structure;
(e)
Located in a front yard area proposed to be landscaped; and/or
(f)
Specifically permitted to be removed in a site plan approved pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
2.
Conflict with other laws. Notwithstanding anything in this article to the contrary, no tree removal shall be permitted where prohibited by any zoning or other municipal, state or federal statute, ordinance or regulation.
d.
Fees.
1.
The fee for a tree removal permit shall be $100 per tree not replaced and $50 per tree when another tree is planted on the property to replace the removed tree, which shall be accompanied by application(s) for removal of said tree(s).
2.
Any property owner who commits to replacing a tree or trees but fails to do so within one year of the date of the permit shall be subject to the penalty provisions of this article and shall be liable for the costs for the Township to replace the tree(s) at a location chosen by the Construction Official. The cost shall include actual expenses, plus an administrative surcharge of 15%.
[Amended 9-8-2020 by Ord. No. 3595]
Hardship Appeals. In the event that an applicant believes that the standards set forth in § 3-3 above constitute a hardship that prohibits a reasonable use of all or substantially all of the property in question, an applicant may seek relief from the Township of Belleville. In the event that such relief is sought, the applicant shall submit an additional eight copies of the documents required to be submitted, together with 11 copies of a written statement as to the reasons for the claimed hardship. In addition, the applicant shall submit a fee for the hearing of the matter in the amount of $300. The Governing Body, upon submission of the completed application to the Township Clerk, shall schedule a public hearing in connection with requested relief. The applicant shall cause to be published in an official newspaper of the municipality a notice setting forth the time, date and place of the hearing to be so held, together with a brief statement of the relief requested. Such notice must be published within 10 days prior to the date of the hearing. Additionally, the applicant shall cause to be served on all property owners within 200 feet of the property in question a similar notice by certified mail-return receipt requested or personal service. Proof of publication, service and notice shall be required to be submitted prior to the hearing. At the hearing the applicant shall present witnesses under oath, and any other interested parties may do the same. All witnesses shall be subject to cross examination. The decision of the Governing Body shall be binding upon the municipal official in charge of enforcement and administration of this article.
[Amended 9-8-2020 by Ord. No. 3595]
Excepted from the provisions of this section shall be:
a.
Any tree cut or removed in accordance with a management plan developed by a recognized state or federal environmental protection authority, provided that a copy of such plan is filed with the Construction Official.
b.
Any tree located on Township-owned land and removed by the public agency or its representative.
c.
Dead or diseased trees or trees that present an imminent threat to life or property as determined by the Construction Official or other qualified New Jersey-certified tree expert.
[Amended 9-8-2020 by Ord. No. 3595]
Mitigation for tree removal shall be required as follows:
a.
No mitigation shall be required in connection with tree removal conducted pursuant to a permit issued under § 34-3.2c1(a) or c1(f).
b.
Mitigation shall be required pursuant to § 34-3.4d below in the event of tree removal pursuant to § 34-3.2c1(a) through c1(e) above.
c.
In the event of tree removal pursuant to § 34-3.2c1(d), no mitigation shall be required if the tree has been planted for at least five years, there has been no damage to the tree by construction or otherwise by any person, and there has been no soil moving within 15 feet of such tree within such five years; otherwise, mitigation shall be required pursuant to this section.
d.
For each tree for which mitigation is required pursuant to this section, the following shall apply: For each tree removed pursuant to the standards of this section, the applicant shall plant a tree at least six feet in height at the time of planting.
e.
Mitigation in any instance is not to be considered a penalty but rather an implementation of the purposes of this section. Mitigation shall not be a substitute for, but shall be in addition to, any penalty imposed for violation of the provisions of this section.
[Amended 9-8-2020 by Ord. No. 3595]
a.
Provisions of this section shall be enforced by the Construction Official and Police Department.
b.
Any person violating any provision of this section shall, upon conviction, be subject to a fine of up to $1,000. Each tree cut or removed in violation of this section shall be considered a separate violation.
c.
The legal removal of trees will invoke an automatic suspension of any existing building permits associated with a property and freeze the issuance of any future permits until the case is adjudicated and unwanted effects of the removal mitigated.
[Amended 9-8-2020 by Ord. No. 3595]
a.
The Township Forester, upon request, shall determine whether any tree qualifies as a landmark tree. A tree may qualify as a landmark tree if it meets one or more of the following criteria:
1.
The tree species is rare;
2.
The tree is more than 100 years of age;
3.
The tree is of a superior height or has a substantial trunk diameter or dripline diameter for a tree of its species so as to designate it as a specimen tree which is defined as a tree in good health and condition for that species; or
4.
The form of the tree foliage is classical for a tree of its species.
b.
All trees designated as landmark trees shall be shown on an official Township Map with appropriate code marks signifying each tree's designation, number, specie, age, size and other distinguishing characteristics for ready reference and period monitoring.
c.
If the owner(s) of the property on which a landmark tree is located consents thereto, the Township may identify such tree as a landmark tree by the placement of suitable marker thereon.
d.
If and when any landmark tree is removed, the Township Forester shall arrange for the necessary changes to be made to the official landmark tree inventory records and Township Map.