[HISTORY: Adopted by the Borough Council
of the Borough of Eatontown 5-24-2023 by Ord. No. 14-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former Ch. 307, Removal
of Trees, Art. I, General Provisions, adopted 5-16-1973, and Art.
II, Tree Removal and Site Clearing, adopted 8-27-1986 by Ord. No.
9-86.
The Borough Council of the Borough of Eatontown does herein
decide and find that the indiscriminate, uncontrolled and excessive
destruction, removal and cutting of trees upon lots and tracts of
land within the Borough has resulted in increased municipal drainage
costs, drainage control costs, and has further caused increased soil
erosion, decreased fertility of soil and increased dust, which has
deteriorated property values and has further rendered land unfit and
unsuitable for the most appropriate use, with the result that there
has been and will result in the future a deterioration of conditions
affecting the health, safety and general well-being of the inhabitants
of the Borough and has caused the passage of this chapter to regulate
and control the indiscriminate and excessive cutting of trees in the
Borough.
As used in this chapter, the following terms shall have the
meanings indicated:
A promulgation of the Shade Tree Commission that identifies
trees which are not permissible to be planted as a replacement tree
or part of a Planning Board or Zoning Board application. The do not
plant list shall be posted on the Borough webpage, filed with the
Zoning Officer and may be amended from time to time. Deviations from
this list are subject to the approval of the Shade Tree Commission
or Planning or Zoning Board depending upon the issue being addressed
and their respective jurisdiction.
An area or feature which is of significant environmental
value, including, but not limited to, wetlands, floodplains, important
farm lands, agricultural development areas, steep slopes, endangered
or threatened species and their designated habitats, important aquifer
recharge areas, coastal areas, stream corridors, parks and preserves.
A promulgation of the Shade Tree Commission that identifies
trees which are permissible to be planted as a replacement tree. The
planting guide shall be posted on the Borough webpage, filed with
the Zoning Officer and may be amended from time to time. Other trees
may be planted which are not included on the list subject to the approval
of the Shade Tree Commission or Planning or Zoning Board depending
upon the issue being addressed and their respective jurisdiction.
Any street or road shown upon a map or plan filed in the
Monmouth County Clerk's office or on the Official Map of the
Borough of Eatontown.
Native or volunteered laurel and wild azaleas having a root
crown (the diameter of the trunk just prior to its spreading into
roots) of three inches or greater at the soil or surface level.
Any lot, tract, parcel, or parcels of land within the Borough.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including,
but not necessarily limited to, topography, vegetation, drainage,
floodplains, marshes and waterways;
The location of all existing and proposed building, drives,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures and signs, lighting, and
screening devices;
The location of all existing and proposed soil erosion and sedimentation
control measures;
The location of existing and proposed surface water runoff control
measures; and
Any other information that may be reasonably required in order
to make an informed determination with regard to application for approval
of site plans.
The division of a lot, tract or parcel of land into two or more
lots, tracts, parcels or other divisions of land for sale or development.
The following shall not be considered subdivisions within the meaning
of this chapter, if no new streets are created:
Divisions of land found by the Planning Board or Subdivision
Committee thereof appointed by the Chairman to be for agricultural
purposes where all resulting parcels are five acres or larger in size;
Divisions of property by testamentary or intestate provisions;
Divisions of property upon court order, including, but not limited
to, judgments of foreclosure;
Consolidation of existing lots by deed or other recorded instrument;
and
The conveyance of one or more adjoining lots, tracts, or parcels
of land owned by the same person or persons and all of which are found
and certified by the administrative officer to conform to the requirements
of the Borough Municipal Land Use Ordinance and are shown and designated
as separate lots, tracts or parcels on the Tax Map of the Borough
of Eatontown.
The term "subdivision" shall also include the term "resubdivision."
Any of the following living trees having a trunk of a diameter
greater than as set forth below, measured at one foot above ground
level:
A certificate issued by the Zoning Officer of the Borough
to remove or destroy trees or shrubs as defined in this subsection.
An area in which trees, shrubs and undercover will not be
disturbed by filling, cutting, or by any other means.
For purposes of this chapter, all properties will be divided
as residential or commercial. Commercial properties shall mean all
properties other than residential properties.
A.
Commercial properties:
(1)
Tree removal as part of a site plan or subdivision will be referred
to the Shade Tree Commission. The Shade Tree Commission may prepare
a memorandum to make recommendations to the Planning Board and/or
Zoning Board. The Shade Tree Commission shall serve as advisory body
to the Planning and Zoning Boards pursuant to N.J.S.A. 40:64-1. The
Planning and Zoning Board Secretary shall advise the Shade Tree Commission,
Environmental Commission, and Fire Prevention Commission of all site
plan or subdivision applications.
(2)
Tree removal which is not part of a site plan and where the property
owner wishes to clear cut vacant land of trees shall be applied for
with the Zoning Officer and referred to the Borough Engineer who,
after consultation with the Shade Tree Commission, shall determine
what may be clear cut. In rendering such a determination, the Borough
Engineer may require the applicant to make payment into the Tree Fund
and replant elsewhere on the property. The applicant shall pay monies
into escrow in an amount to be determined by the Land Use Administrator
for the Borough Engineer to review such an application. The site clearing
permit shall be issued by the Zoning Officer. Failure to apply for
a site clearing permit is a violations and subject to penalties enforced
by the Code Enforcement Officer.
B.
Residential properties:
(1)
Where residential properties are less than one acre and the resident
seeks to remove trees on their property:
(2)
Where residential properties are equal or greater to one acre:
(a)
If the tree(s) are on a public easement or right-of-way, referral
to the Shade Tree Commission whose process will be defined below.
(b)
If the tree(s) are not on a public easement or right-of-way,
referral to the Borough Engineer with the property owner being required
to place money into escrow to pay for the Borough Engineer's
review, who in consultation with the Shade Tree Commission shall determine
what trees may be cut down, or whether the property owners shall make
payment into a Tree Fund and/or replant elsewhere on the property.
In rendering this review, the Shade Tree Commission shall make a clear
explanation to address the harm, if any, of clear cutting Trees and
drainage issues.
(3)
Stipulations for all residential properties:
(a)
If the tree is on a public easement or right-of-way, the Department
of Public Works alone has the authority to determine whether the tree
is a hazard and in need of pruning or removal. The Department of Public
Works shall have the authority to make the decision without consultation
with the Shade Tree Commission.
Any person seeking to cut or remove trees shall follow the within
process:
A.
Commercial properties:
(1)
For those applying for site plan or subdivision approval to the Planning
Board or Zoning Board, such applications shall be part of the application
process.
(2)
For those seeking a site clearing permit, application shall be made
to the Zoning Officer and Land Use Administrator, who must receive
an escrow fund payment and survey from the applicant, and who shall
work in consultation with the Borough Engineer and the Shade Tree
Commission to consider a site clearing plan.
B.
Residential properties:
(1)
All residential applications shall be made to the Zoning Officer
and Land Use Administrator. The Zoning Officer and Land Use Administrator
shall refer the application to the Department of Public Works if the
tree is on a public easement or right-of-way. If the tree is on a
public easement or right-of-way, the Department of Public Works shall
determine if there is an emergent need to remove or cut the tree.
(2)
If the Department of Public Works determines that there is no emergent
need to remove or cut the tree, the resident shall be referred to
the Shade Tree Commission for a public hearing.
(3)
If there is an emergency, and the tree is located on a public easement
or right-of-way, the Department of Public Works may act without regard
to the Shade Tree Commission. The Department of Public Works may notify
the Shade Tree Commission of any requirements to replant the tree,
or, if the land cannot sustain a replacement tree, the resident may
pay into the Tree Fund.
(4)
If there is an emergency, the decision to remove a tree on a public
easement or right-of-way shall be delegated to the Department of Public
Works.
A.
Commercial properties. All allegations of Code violations shall be
referred to the Zoning Officer. The Zoning Officer shall determine
site plan conformity.
(1)
In consultation with the Borough Engineer, the Zoning Officer shall
have the authority to determine if the property is in violation of
site plan approval.
(2)
If the property is in violation of site plan approval, the property
shall be returned to the Planning Board or Zoning Board for resolution.
(3)
If a violation is found to exist which does not require appearance
at the Planning Board or Zoning Board, the matter shall be referred
to the Shade Tree Commission, who in conjunction with the Borough
Engineer shall recommend replacement trees or payment to the Tree
Fund. Commercial Properties who disagree with this decision may appeal
to the Planning or Zoning Board, as appropriate for final resolution.
B.
Residential properties. All residential properties whose owners cut
a nonhazardous tree without permission shall be subject to the following
penalties:
(1)
Trees on a public easement or right-of-way: The owner shall meet
with the Shade Tree Commission to determine whether a replacement
tree must be planted. If a replacement tree is not plausible due to
issues with topography and roots, the owner shall be required to make
a payment to the Tree Fund. Failure to do so will result in a violation
of the ordinance and the issuance of a summons to Court by the Code
Enforcement Officer.
(2)
Trees outside a public easement or right-of-way:
(a)
On properties an acre or larger, the matter shall be referred
to the Borough Engineer who, in consultation with the Shade Tree Commission,
shall determine the penalty, including, but not limited to, replanting;
if replanting is not plausible, a payment to the Tree Fund shall be
made. Failure to do so will result in a violation of the ordinance
and the issuance of a summons to Court by the Code Enforcement Officer.
(b)
On properties measuring less than one acre are not subject to
this Code section.
The Borough of Eatontown Tree Fund shall hold funds with which
to replace trees on residential and commercial properties throughout
the Borough.
A.
The Shade Tree Commission shall have the authority to cause trees
to be planted using funds held in the Tree Fund.
