[Added 11-1-2023 by Ord. No. 2023-12]
[Added 11-1-2023 by Ord. No. 2023-12]
This is a section to establish requirements for tree removal
and replacement in Borough of Beachwood to reduce soil erosion and
pollutant runoff, promote infiltration of rainwater into the soil,
and protect the environment, public health, safety, and welfare.
[Added 11-1-2023 by Ord. No. 2023-12]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section 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 use of the word "shall" means
the requirement is always mandatory and not merely directory.
Any person, as defined below, who applies for approval to
remove trees regulated under this section.
The zone around the base of a tree where the majority of
the root system is found. This zone is calculated by multiplying the
diameter at breast height (DBH) of the tree by 1.5 feet. For example:
a tree with a six-inch DBH would have a CRR of 6 inches x 1.5 feet
= 9 feet.
The diameter of the trunk of a mature tree generally measured
data point 4 1/2 feet above ground level from the uphill side
of the tree.
A tree or limbs thereof that meet one or more of the criteria
below. Trees that do not meet any of the criteria below and are proposed
to be removed solely for development purposes are not hazard trees.
Has an infectious disease or insect infestation;
Is dead or dying;
Obstructs the view of traffic signs or the free passage of pedestrians
or vehicles, where pruning attempts have not been effective;
Is causing obvious damage to structures (such as building foundations,
sidewalks, etc.); or
Is determined to be a threat to public health, safety, and/or
welfare by a certified arborist or LTE.
Any individual, resident, corporation, utility, company,
partnership, firm, or association.
The part of a street right-of-way between the public right-of-way
adjacent to the portion of the street reserved for vehicular traffic
the abutting property line and the curb or traveled portion of the
street, exclusive of any sidewalk.
An individual who resides on the residential property where
a tree(s) regulated by this section is removed or proposed to be removed.
A tree planted in the sidewalk, planting strip, and/or in
the public right-of-way adjacent to the portion of the street reserved
for vehicular traffic. This also includes trees planted in planting
strips within the roadway right-of-way, i.e., islands, medians, pedestrian
refuges.
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.
The diameter of the trunk of a young tree, measured six inches
from the soil line. For young trees whose caliper exceeds four inches,
the measurement is taken 12 inches above the soil line.
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, over-mulching or improper mulching, and improper grading
and/or soil compaction within the critical root radius 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 treatments intended to manage invasive
species.
[Added 11-1-2023 by Ord. No. 2023-12]
a.
Tree replacement requirements.
1.
Any person who removes one or more street tree(s) with a DBH of 2.5 inches or more, unless exempt under subsection 17-35.5, shall be subject to the requirements of the Tree Replacement Requirements Table below.
2.
Any person, other than a resident, who removes one or more tree(s) per acre with a DBH of six inches, unless exempt under subsection 17-35.5, shall be subject to the requirements of the Tree Replacement Requirements Table.
3.
The species type and diversity of replacement trees shall be in accordance
with the following regulations:
(a)
In the upland, plantings shall be one of the following kinds
of trees, the maximum size and characteristics of which follow:
(1)
Hop hornbeam (Ostrya virginiana): 30 to 40 feet tall; leaves
turn yellow in fall; broad, rounded crown.
(2)
Bradford callery pear (Pyrus calleryana Bradford): grows 30
to 40 feet high; masses of white flowers; glossy green foliage turns
bright crimson in fall.
(3)
Mount hope norway maple (Acer platanoides f. erectum): grows
30 to 40 feet high; globe-shaped top.
(4)
Japanese zelkova (Zelkova serrata village green): grows to greater
than 40 feet tall; dark green foliage turning rusty red color in fall.
(5)
Scholar tree (Sophora japonica regent): 30 to 40 feet tall;
with creamy white flowers from July through September; lovely spreading
tree.
(6)
Red oak (Quercus rubra): 60 to 80 feet tall; leaves turn deep
red or orange in fall; broad symmetrical crown.
(7)
Pin oak (Quercus palustris): 60 to 80 feet tall; grows rapidly
in well-drained soils; pyramidal crown; excellent autumn foliage.
(8)
Willow oak (Quercus phellos): 70 to 80 feet tall; leaves turn
yellow in fall; dense, rounded crown.
(9)
Summershade norway maple (Acer platanoides): grows to heights
greater than 40 feet; dark green foliage; shapely upright head.
(10)
Ginkgo biloba (Salisburia): 50 to 75 feet high;
picturesque, exotic stately.
(11)
Green spire linden (Tilia cordata greenspire):
30 to 40 feet high; attractive fragrant flowers; small leathery dark
green foliage.
(b)
In areas adjacent to streams, wetlands and lakes, plantings
shall be one of the following kinds of trees, the maximum size and
characteristics of which follow:
(1)
Sweet gum (Liquidambar styraciflua): 80 to 120 feet high; rich
red foliage in fall; tall and symmetrical.
(2)
Willow oak (Quercus phellos): 70 to 80 feet tall; pyramidal
shape; leaves turn yellow in fall.
(3)
London plane tree (Platanus acerifolia): 70 to 100 feet tall;
grows rapidly, especially on moist sites.
(4)
Crimson king maple (Acer platanoides); height to 50 feet; brilliant
crimson leaves; color retained throughout summer.
(6)
Marshall's green ash (Fraxinus Pennsylvania marshall's):
deep rooted; glossy foliage; can withstand moist soils.
4.
Replacement tree(s) shall:
(a)
Be replaced in kind with a tree that has an equal or greater
DBH than tree removed or meet the Tree Replacement Criteria in the
table below;
(b)
Be planted within 12 months of the date of removal of the original
tree(s) or at an alternative date specified by the municipality;
(c)
Be monitored by the applicant for a period of two years to ensure
their survival and shall be replaced as needed within 12 months; and
(d)
Shall not be planted in temporary containers or pots, as these
do not count towards tree replacement requirements.
|
Tree Replacement Requirements Table
| ||
|---|---|---|
|
Category
|
Tree Removed (DBH)
(inches)
|
Tree Replacement Criteria
(See Appendix A)
|
|
1
|
2.5 (for street trees) or 6 (for non-street trees) to 12.99
|
Replant 1 tree with a minimum tree caliper of 1.5 inches for
each tree removed
|
|
2
|
13 to 22.99
|
Replant 2 trees with minimum tree calipers of 1.5 inches for
each tree removed
|
|
3
|
23 to 32.99
|
Replant 3 trees with minimum tree calipers of 1.5 inches for
each tree removed
|
|
4
|
33 or greater
|
Replant 4 trees with minimum tree calipers of 1.5 inches for
each tree removed
|
[Added 11-1-2023 by Ord. No. 2023-12]
The fees for an annual permit shall be: $25 for the removal
of 50 trees or less, and $50 for the removal of more than 50 trees.
All other fees shall be as follows:
a.
The fee for removal of one to 10 trees shall be $10.
b.
For removal of more than 10 trees, the fees shall be: an additional
$10 shall be charged for the removal of each additional 10 trees or
any part thereof, i.e., $20 for removal of 11 to 20 trees. The maximum
fee for the removal of more than 40 trees shall be $50.
c.
In all events, the fee for tree removals in major subdivisions shall
be $10 per acre or any portion thereof.
[Added 11-1-2023 by Ord. No. 2023-12]
All persons shall comply with the tree replacement standard
outlined above, except in the cases detailed below. Proper justification
shall be provided, in writing, to the municipality by all persons
claiming an exemption, including color photographs of the existing
conditions, and a statement from a licensed tree expert or arborist
verifying that the appropriate exemption qualifications have been
met:
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 that is active and
on file with the municipality;
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.
[Added 11-1-2023 by Ord. No. 2023-12]
This section shall be enforced by the Code Enforcement Officer
during the course of ordinary enforcement duties.
[Added 11-1-2023 by Ord. No. 2023-12]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine determined by the Borough
of Beachwood officials. The removal of a tree of significance is not
subject to a fine limit.
[Added 11-1-2023 by Ord. No. 2023-12]
Each section, subsection, sentence, clause, and phrase of this
section is declared to be an independent section, subsection, sentence,
clause, and phrase, and finding or holding of any such portion of
this section to be unconstitutional, void, or ineffective for any
cause or reason shall not affect any other portion of this section.
[Added 11-1-2023 by Ord. No. 2023-12]
This section shall be in full force and effect from and after
its adoption and any publication as may be required by law.
