[Amended in entirety 4-16-2024 by Ord. No. 8-2024. History includes Ord. No. 33-2013; Ord.
No. 34-2013 § 2.]
[Added 4-16-2024 by Ord. No. 8-2024]
[Added 4-16-2024 by Ord. No. 8-2024]
An ordinance to establish requirements for tree removal and
replacement in the Borough of Bloomingdale to reduce soil erosion
and pollutant runoff, promote infiltration of rainwater into the soil,
and protect the environment, public health, safety, and welfare.
The purpose of this section is to discourage indiscriminate
and excessive removal, cutting and destruction of trees, which has
caused environmental damage and adversely affected property values,
to prevent soil erosion and stream pollution and silting, to augment
flood control, to restrict the cutting of trees to a minimum during
construction, to reduce dust and air pollution, to preserve wildlife
habitat, to beautify the streets and to reforest the municipality
by encouraging the planting of trees wherever and whenever possible.
[Added 4-16-2024 by Ord. No. 8-2024]
For the purpose of this chapter, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this chapter 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 chapter.
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 = six-inch by 1.5 feet
equals nine feet.
The diameter of the trunk of a mature tree generally measured
at a point 4 1/2 feet above ground level from the uphill side
of the tree.
The Bloomingdale Zoning Official or his duly appointed designee,
who may, on his own initiative or on the complaint of any individual,
take action hereunder to ensure compliance with this chapter. He may
request expert assistance, subject to the approval of the governing
body.
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 at least one of the following: Certified Arborist, Licensed
tree expert (LTE), Bloomingdale Property Maintenance Officer, EEO,
Superintendent of Public Works, Borough Engineer, or Borough Official.
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 chapter 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 (according to Tax Map). 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 4-16-2024 by Ord. No. 8-2024]
a.
Application process:
1.
Any person planning to remove a street tree with DBH of 2.5 inches
or more or any non-street tree with DBH of six inches or more on their
property shall submit a Tree Removal Application to the construction
official. No tree shall be removed until municipal officials have
reviewed and approved the removal.
2.
For larger scale clearing projects a tree survey is required to be
submitted as part of the application to determine number, sizes, and
exemptions of trees for the assessment of fees.
b.
Tree removal and planting plan.
1.
An approved tree removal and planting plan is required prior to approval of a subdivision, site plan or building permit or prior to the removal of any tree not excepted in subsection 23-1.4. The EEO shall make an on-site inspection within 14 days of submission of the plan and all trees to be cut are to be clearly identified with tagging by the plan applicant at the time the plan is submitted.
2.
No certificate of occupancy shall be issued unless tree removal and
planting have been in accordance with the approved plan or a bond
posted guaranteeing proper planting and removal.
3.
Data required for a tree removal and planting plan shall include:
(a)
The Tax Map, lot and block number.
(b)
The area of tract, and the location of streams, wetlands, streets
and woods.
(c)
Slopes over 15%.
(d)
The type of tree cutting, clear or selective.
(e)
Removal in relation to buildings, roads and septic systems and
sewer lines, present and proposed.
(f)
A list of trees to be planted.
(g)
The map of surrounding properties showing wooded areas and features.
4.
The tree removal and planting plan shall be prepared by the applicant
on forms to be prepared and supplied by the EEO.
c.
Criteria for plan approval.
1.
Trees may be removed within five feet of the edge of pavement of
drives and parking areas.
3.
Tree removal is prohibited where the existing trees form part of
a planned greenbelt or buffer.
4.
Any tree used in a required planting or to replace a damaged tree
must be at least 2 1/2 inches in diameter and must be nursery
stock, balled and burlapped.
5.
Trees in the area between the street line and setback line of the
buildings shall be preserved to the greatest extent possible.
6.
The removal of trees from any environmentally sensitive area or slopes
over 15% is prohibited as it will contribute to extra runoff of surface
water, erosion and silting, unless other means, approved by the Hudson
Essex Passaic Soil Conservation District, are provided to prevent
runoff and erosion.
7.
Any grading must protect standing trees from machine operation, soil
storage or material storage by a distance equal to or greater than
the dripline of the tree. Any tree damaged to the extent that such
damage may cause disease or death to the tree must be replaced. Temporary
construction fences delineating clear-cut setbacks are required for
tree protection.
8.
Trees may be removed to allow for backfill or soil removal, provided
that the same amount of wooded area is replaced when fill is settled.
9.
Unless otherwise proven necessary, staging areas for machinery, equipment,
supplies, materials, etc., shall be within a cleared building area
in order to prevent damage to trees designated to be saved.
10.
If, upon a building site inspection, the EEO finds that trees have
been removed without regard for this section, no building permit shall
be issued until the alleged violation has been prosecuted and disposed
of in Municipal Court.
11.
Should the EEO discover violations of the section following the issuance
of a building permit, a stop-work order will be issued until the matter
is disposed of in Municipal Court.
d.
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 23-1.4, 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) with a DBH of six inches or more per lot, unless exempt under Subsection 23-1.4, shall be subject to the requirements of the Tree Replacement Requirements Table. The species type and diversity of replacement trees on the owners lot will be up to the homeowner. The municipality will decide species type and diversity of replacement trees planted on Borough property, (as per Subsection 20-13.1 of Borough Code). No person shall plant a poplar, linden, willow, catalpa, silver maple or swamp maple tree within the lines of any street or within 25 feet of the lines of any street or highway in the Borough or within 25 feet of any municipal utility easement.
3.
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 removal
(DBH)
|
Tree Replacement Criteria
(See Appendix A)
|
Application Fee
|
|
1
|
DBH of 2.5 inches (for street trees) or 6 inches (for non-street
trees) to 12.99 inches
|
Replant 1 tree with a minimum tree caliper of 1.5 inches for
each tree removed
|
$50
|
|
2
|
DBH of 13 inches to 22.99 inches
|
Replant 2 trees with minimum tree calipers of 1.5 inches for
each tree removed
|
$50
|
|
3
|
DBH of 23 inches to 32.99 inches
|
Replant 3 trees with minimum tree calipers of 1.5 inches for
each tree removed
|
$50
|
|
4
|
DBH of 33 inches or greater
|
Replant 4 trees with minimum tree calipers of 1.5 inches for
each tree removed
|
$50
|
[Added 4-16-2024 by Ord. No. 8-2024]
All persons shall comply with the tree replacement standard
outlined above, except in the cases detailed below. Proper justification
shall be provided in writing, by a certified licensed arborist paid
for by homeowner, to the municipality by all persons claiming an exemption
except where noted otherwise.
a.
Tree farms in active operation, nurseries, fruit orchards, and garden
centers;
b.
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;
c.
Any trees removed as part of a municipal or state decommissioning
plan. This exemption only includes trees planted as part of the construction
and predetermined to be removed in the decommissioning 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.
Hazard trees may be removed with no Arborist Justification, provided
written approval is granted by the EEO.
g.
Any tree growing in a public right-of-way.
h.
Any tree growing in the following areas on a lot containing a building.
No Arborist Justification is needed provided written approval by the
EEO is granted.
1.
Within 40 feet of the front wall and the rear wall of the structure.
2.
Within 20 feet of either side wall of the structure.
3.
Within five feet of any paved surface.
4.
On or above any existing or proposed utility lines or septic system,
provided that requisite permits are obtained.
5.
On or above any surfaces which are being prepared for the immediate
extension of pavement expansion, of recreation areas, installation
of swimming pools, installation of outdoor sheds or garden enhancement;
provided, however, that no tree shall be removed until and unless
a necessary requisite permit is obtained for the construction activity.
i.
Likely to endanger life or property as determined by an Arborist
or the EEO.
j.
Dead or diseased trees may be removed with no Arborist Justification,
provided written approval is granted by the EEO.
k.
Trees on the premises of nurseries and garden centers.
l.
Tree farms may remove up to but not more than 30% of trees from their
entire tract, provided that a forest management plan, approved by
the New Jersey Department of Environmental Protection, Bureau of Forestry
or other professional forester has been submitted to the EEO.
m.
Removal of one tree per residential lot per year. No Arborist Justification
needed, provided written approval is granted by the EEO.
n.
The Oak Tree situated in front of Borough Hall may be removed only
upon a determination by an arborist that the tree is diseased or unsafe
and an affirmative vote by a majority of the Borough Council that
the tree should be removed, except in cases of emergency where public
safety necessitates the removal of the Oak Tree.
[Added 4-16-2024 by Ord. No. 8-2024]
This chapter shall be enforced by the Borough of Bloomingdale
EEO and/or other designated Municipal Official during the course of
ordinary enforcement duties.
[Added 4-16-2024 by Ord. No. 8-2024]
[Added 4-16-2024 by Ord. No. 8-2024]
a.
A fee schedule shall be on file in the Office of the EEO for the
purpose of adequately covering the administrative costs of this section.
The fee shall be included with the plan submitted. Where needed and
not otherwise provided, an escrow account will be established to cover
expenses associated with regard to any expert assistance retained
by the Borough. The amount of the escrow shall be set by the EEO.
b.
The owner or applicant shall reimburse the Borough for all costs
of expert advice obtained in connection with the application for an
approved plan which may exceed the fee schedule.
