The purpose of this article is to establish requirements for
tree removal and replacement and penalties for noncompliance in the
Borough of Brooklawn to protect the environment, public health, safety
and welfare, and to prescribe penalties for failure to comply.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. When consistent with the context, words used
in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
APPLICANT
Any person, as defined below, who applies for approval to
remove trees regulated under this article.
DIAMETER AT BREAST HEIGHT (DBH)
The diameter of the trunk of a tree generally measured at
a point 4 1/2 feet above ground level from the downhill side
of the tree.
NUISANCE TREE
Any tree, or limb thereof, that has an infectious disease
or insect; is dead or dying; obstructs the view of traffic signs or
the free passage of pedestrians or vehicles; is causing obvious damage
to structures (such as building foundations, sidewalks, etc.); or
threatens public health, safety, and welfare.
PERSON
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
PLANTING STRIP
The part of a street right-of-way between the abutting property
line and the curb or traveled portion of the street, exclusive of
any sidewalk.
STREET TREE
A tree planted in the sidewalk or a planting strip in the
public right-of-way.
TREE
A woody perennial plant, typically having a single stem or
trunk growing to a considerable height and bearing lateral branches
at some distance from the ground.
TREE OF SIGNIFICANCE
Any tree that is recognized by the municipal governing body
or local historical organization(s) as being of significance due to
its size, unique value, age, rarity, or the aesthetic, botanical,
ecological, and historical value.
TREE REMOVAL
To kill or to cause irreparable damage that leads to the
decline and/or death of a tree. This includes, but is not limited
to, excessive pruning, application of substances that are toxic to
the tree, and improper grading and/or soil compaction around the base
of the tree that leads to the decline and/or death of a tree. Removal
does not include responsible pruning and maintenance of a tree or
the application of tree treatments intended to manage invasive species.
All persons shall comply with the tree replacement standard
outlined above, except in the following cases. Proper justification
shall be provided, in writing, to the municipality by all persons
claiming an exemption (the municipality shall define what "proper
justification" is such as photos, or statements from a licensed tree
expert or arborist):
A. Clearing, cutting, and/or removal of trees which is necessary to
service, maintain, or ensure the continued safe use of a lawfully
existing structure, right-of-way, field, park, and/or garden;
B. Tree farms in active operation, nurseries, fruit orchards, and garden
centers;
C. Properties used for the practice of silviculture under an approved
forest stewardship or woodland management plan;
D. Any trees removed pursuant to a New Jersey Department of Environmental
Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved
environmental cleanup, or NJDEP approved habitat enhancement plan;
E. Approved game management practices, as recommended by the State of
New Jersey Department of Environmental Protection, Division of Fish,
Game and Wildlife;
F. Nuisance trees may be removed with no fee or replacement requirement.
This article shall be enforced by the Brooklawn Police Department,
the Brooklawn Property Maintenance Officer, and/or other municipal
officials of the Borough of Brooklawn during the course of ordinary
enforcement duties.
Any person, firm or corporation who or which shall violate any of the provisions of this article shall, upon conviction thereof, be liable for penalties or any combination thereof as set forth in §
1-15 of the Code of the Borough of Brooklawn, in the discretion of the Judge of the Municipal Court before whom such violation is heard and conviction made. Each day that a violation occurs shall be deemed a separate and distinct violation, subject to the penalty provisions of this article.