[Added 4-8-2024 by Ord.
No. 879-24]
The Borough of Little Silver finds that the existence of trees
within the Borough makes a fundamental contribution to the health,
safety, and general welfare of Little Silver citizens and the community
at large. Trees, in addition to their aesthetic benefits, are essential
to riparian habitat, wildlife, energy conservation, temperature moderation,
and the healthy ecology of the area; trees help improve air quality
and reduce global warming. These benefits to the community and environment
increase as trees mature. Maturation of trees protects surface water
quality, provides shade, offers windbreaks, controls water pollution
by reducing soil erosion and flooding, offers a natural barrier to
noise, and yields advantageous microclimates, and fundamental ecological
systems. Trees contribute to property values of residential and commercial
establishments and preserve and enhance the natural beauty and appearance
of Little Silver and its historic, nonurban character. Our community's
investment in its tree resources has accrued over many years. This
investment can be rapidly squandered by indiscriminate damage to and
destruction of trees, especially mature and/or specimen trees. Unregulated
destruction of trees causes barren and unsightly conditions, increases
the municipal expense to control drainage and soil erosion problems,
impairs the stability and value of the developed and undeveloped property,
and negatively impacts the health, safety, environment, ecosystems,
and general welfare of the inhabitants of the Borough of Little Silver.
This chapter establishes policies, regulations, and standards necessary
to ensure that the Borough will continue to realize the benefits provided
by our trees. The provisions of this chapter are enacted to:
a.
Control and regulate the indiscriminate cutting of trees.
b.
Increase species and age diversity of our tree population to provide
long-term stability of the aggregate canopy and ecosystem by requiring
replanting when trees are removed.
c.
Preserve our trees and the nonurban appearance of our Borough by
encouraging owners of existing homes, vacant lands, and commercial
parcels to save or replace mature tree species when developing their
parcels.
d.
Protect public trees in municipal parks and easements.
e.
Facilitate Borough stewardship of air, water, land, and living resources,
to sustainably protect the environment for the use of this and future
generations.
[Added 4-8-2024 by Ord.
No. 879-24]
As used in this chapter, the following words shall have the
following meanings:
Building Inspector of the Borough of Little Silver or his/her
designee.
The Revised General Ordinances of the Borough of Little Silver,
1973.
The area containing the volume of roots is necessary for
the maintenance of tree health and stability. The CRZ is determined
as a circle with a diameter calculated from the diameter at breast
height (DBH) using the equation (DBH x 1.5) x 2, which typically extends
beyond the dripline of the tree (defined below).
A standard measurement of tree size is taken by measuring
the diameter of the trunk at a height of 4.5 feet above ground level.
Guidelines for determining DBH in some of the more complicated situations
are as follows:
If the tree has branches, bumps, or forks that interfere with
DBH measurement, measure below that point and record the height at
which DBH was determined.
If the tree is growing vertically on a slope, measure DBH from
the uphill side of the slope.
If the tree is leaning, measure DBH in the direction of the
lean.
If the tree splits into several trunks close to the ground (i.e.,
has a multistemmed or low-branched habit), the DBH of the tree is
the sum of the DBH of each trunk.
A tree that has fallen over or is broken and is lying on
the ground or a structure.
The outermost limit of the canopy of a tree is delineated
by the perimeter of its branches which, extended perpendicularly to
the ground, encloses the tree.
An activity or circumstance that removes or injures the bark
of a tree trunk, typically extending around much of the tree's
circumference.
A tree that exhibits serious defects is a visible sign that
the tree is failing and that it presents an imminent threat to the
health and safety of persons, property, power lines, or places where
people gather. Examples of serious defects include, but are not restricted
to, one or more of the following conditions:
Excessive damage by an act of God, usually a weather event such
as a windstorm, lightning strike, or flooding, with major broken branches,
split trunks, large cracks, or other defects that cannot be corrected
by pruning.
Severe cracks in the main stem or in branch unions that penetrate
deeply into the wood of the tree.
Advanced decay is associated with cracks, branch unions, cavities
in the tree or root flares, and buttress roots. Evidence of fungal
activity, including mushrooms, conks, and brackets growing on root
flares, stems, or branches, can be indicators of advanced decay.
Leaning beyond 45° from vertical with evidence of recent
root exposure, soil movement, or soil mounding.
Supported solely by the action of another tree or object.
A drawing of the subject property showing the locations,
quantities, species, varieties, and sizes of trees to be planted.
The plan may also include the locations of existing trees and other
landscape features.
An individual who has obtained knowledge, experience, and
competency in arboriculture or forestry and is currently licensed
as a Licensed Tree Expert by the New Jersey Board of Tree Experts.
Licensed Tree Experts can perform tree expert services which means
and include tree pruning, repairing, brush cutting or removal, tree
removal, stump grinding or removal, tree establishment, fertilization,
cabling and bracing, lightning protection, consulting, diagnosis,
and treatment of tree problems or diseases, tree management during
site planning and development, tree assessment and risk management,
and application of pesticides or any other form of tree maintenance.
A report prepared by a Licensed Tree Expert containing specific
information on the tree(s) to be removed, including, but not limited
to species, size, location, condition structure, height, crown integrity,
crown spread, age, pruning history, and presence of pests or disease.
The report shall include the Licensed Tree Expert's name, address,
business affiliation, license number, and signature.
A list of tree species for various sites and conditions,
including such characteristics as "under wires," "native," and "urban/street
tree," maintained by the TPC.
Any of the following:
A tree with a DBH of eight inches or more, regardless of location.
A tree with a DBH of three inches or more is in a wetland, watercourse
buffer, or watershed buffer.
A tree with a DBH of three inches or more is located on a steep
slope.
A tree that has been planted as a specific requirement of site
development plan approval or as part of a previous replanting or restoration
agreement.
A tree with a DBH of three inches or more is designated by the
New Jersey State Department of Environmental Protection as a protected
native plant for our region.
Any of the following:
A written agreement between the property owner and the TPC
specifying types and sizes of trees to be planted as replacements
for those that have been removed.
A written agreement between the property owner and the TPC
specifying types and sizes of trees to be planted as replacements
for those that have been removed in violation of this chapter.
A completed form entitled "tree removal permit application,"
available from the Borough Clerk or the Borough website is to be submitted
by any party wishing to remove one or more protected trees as outlined
herein.
A committee constituted by the Borough Governing Body, composed
of volunteers with appropriate expertise to evaluate TPC applications
per the Little Silver Tree Preservation Code and to provide such expertise
to the Governing Body, Planning Board, or any other Borough officials
as requested.
A permit approved by the TPC and duly issued by the Borough
Clerk or designee according to the terms of this chapter. The permit
consists of a written letter acknowledging which trees have been approved
for removal and is accompanied by a permit sign to be posted publicly.
The permit may also include additional compliance requirements such
as a replanting agreement or landscape plan.
A determination of the extent to which a tree is hazardous.
Risk is rated by evaluating the probability of failure of the tree,
its size, and the targets that could be damaged if it fails.
[Added 4-8-2024 by Ord.
No. 879-24]
The provisions of this chapter shall not apply to those trees which are known as "shade trees" as defined by Chapter 15 of this Code.
[Added 4-8-2024 by Ord.
No. 879-24]
a.
The Governing Body hereby creates a Tree Preservation Commission
(the "TPC"), which shall consist of no fewer than five members to
be appointed by the Council for two-year terms, and no more than three
such terms shall expire in any single year. TPC members shall be Borough
residents and shall have general knowledge of trees and their planting
and maintenance. TPC members shall receive no compensation for their
services. A chairperson shall be selected by the TPC and approved
by the Governing Body. A liaison to the Governing Body will be appointed.
A member of the DPW department will serve.
b.
Responsibilities and duties of the TPC shall include:
1.
Site visits to evaluate the conditions of trees subject to TPC applications.
2.
Permit approval or disapproval based on its findings.
3.
Specification of replanting or restoration agreements.
4.
Review and documentation of violation conditions.
5.
Participation in the appeal process as outlined herein.
6.
Education of Borough residents about tree preservation, tree risk
assessment, appropriate tree choices for given site conditions, and
any other aspects of tree stewardship.
7.
Advising Borough boards, committees, or departments on tree-related
matters.
8.
Reviewing site development plans or environmental impact statements
upon request by the Planning Board.
9.
Consulting with the DPW regarding utility street tree issues.
c.
The TPC shall meet monthly or as often as necessary in a public meeting
to conduct pertinent business and shall act promptly on applications
and appeals. All procedural determinations and decisions made by the
TPC shall be by a majority vote; in an emergency, determinations can
be made by the chairperson. Determinations of the TPC shall be final,
except that they shall be subject to an appeal process, as provided
herein.
d.
The TPC is authorized and empowered to obtain the advice of persons
qualified because of professional training in the growing and maintaining
of trees upon prior approval of anticipated costs by the Borough Administrator.
[Added 4-8-2024 by Ord.
No. 879-24]
A tree removal permit is not required for:
[Added 4-8-2024 by Ord.
No. 879-24]
a.
No person, firm, or corporation shall purposely, carelessly, or negligently
cut down any protected tree or take any action that will result in
the cutting down of any protected tree unless a tree removal permit
is obtained, as provided in this chapter.
b.
Notwithstanding any other provision of this chapter, where protected
tree removal is proposed in connection with any site plan or subdivision
application submitted to the TPC for review and the Planning Board
for approval, protected trees may be removed from the affected property
only in conjunction with and after the approval by the Planning Board
of a final subdivision plat or final site development plan.
[Added 4-8-2024 by Ord.
No. 879-24]
a.
Permits for the removal of protected trees may be granted under the
following circumstances:
1.
The protected trees are in severe decline, diseased, or damaged such
that they cannot, or should not, be saved.
2.
The removal of the protected trees is otherwise necessary due to
their health or physical condition, according to good and accepted
arboricultural practices. To this effect, a written statement describing
the condition of the tree from a Licensed Tree Expert is required
as part of the permit application, unless explicitly waived by the
TPC.
3.
The protected trees present an unacceptable risk to the person or
property of the owner, to the public, to public property, or the person
or property of an adjoining property owner. A tree risk assessment
should be performed and documented by a Licensed Tree Expert. Circumstances
must be such that defects cannot be remedied by reasonable pruning
or cabling of the tree.
4.
The protected trees are healthy but cause undue hardship by substantially
interfering with the permitted and intended use of the property. No
report from a Licensed Tree Expert is required for a healthy tree.
However, the applicant should supply a description of the intended
use and why the protected trees present an undue hardship.
b.
Replanting agreements: The TPC, as a condition of granting a tree
removal permit, shall require the applicant to replace any protected
tree that is the subject of the application with one or more new tree(s),
per tree valuation criteria. The replanting agreement must be signed
by the homeowner before a permit is issued. A replanting agreement
shall also be required if a cumulative total of five or more tree
removals are requested for a single property within a twelve-month
period. The replanting agreement shall be subject to the Tree Replacement
Requirements Table Below.
1.
The replanting agreement shall require the planting of one or more
replacement trees on the property in keeping with the Tree Replacement
Requirements Table.
2.
When on-site restoration is determined by the TPC to be impractical
or undesirable, an equivalent monetary value amount shall be paid
into the Borough Tree Fund Trust Account in keeping with the Tree
Replacement Requirements Table
3.
Tree Replacement Requirements Table.
|
Tree Replacement Requirements Table
| ||||
|---|---|---|---|---|
|
Number of Trees to be removed
|
Size Diameter
(Inches)
|
Number of Trees Replacement Trees
|
Size of Replacement Trees
|
Or Dollar Amount per Tree
|
|
1
|
Greater Than 8 up to 10
|
1
|
2 to 2 1/2
|
$240
|
|
2
|
Greater Than 8 up to 10
|
1
|
3 1/2 to 4
|
$420
|
|
1
|
Greater Than 10 up to 16
|
2
|
2 to 2 1/2
|
$480
|
|
1
|
Greater Than 16 up to 23
|
2
|
3
|
$840
|
|
1
|
Greater Than 23 up to 30
|
4
|
3 1/2 to 4
|
$1,680
|
|
1
|
Greater Than 30
|
5
|
3 1/2 to 4
|
$2,100
|
4.
To assist the TPC in determining the elements of the replanting agreement,
the services and reporting of a Licensed Tree Expert or horticultural
consultant may be required. Fees for consultant services will be the
responsibility of, and billed to, the applicant.
5.
Replanting shall be completed within six months of execution of the
replanting or restoration agreement. The applicant shall contact the
Borough Clerk within 10 business days after restoration work has been
fully completed so that a final site inspection can be carried out.
If seasonal planting requirements prevent the timely completion of
restoration, the timeline may be extended by the TPC or the Building
Inspector.
6.
No certificate of occupancy for new construction shall be issued
by the Building Inspector until the replanting work is completed to
the reasonable satisfaction of the Building Inspector, subject to
conditions as they shall prescribe.
7.
If trees included in the replanting or restoration agreement fail
to survive for two calendar years following planting, they shall be
replaced by the property owner with identically specified plants unless
a modification of the agreement is obtained via TPC review and approval.
Said replacement shall be within 60 days following written demand
from the TPC for such replacement, or within an extended period as
may be specified. Should the property owner fail to replace the trees
pursuant to demand within the required period, they may be subject
to penalties as outlined in this chapter.
[Added 4-8-2024 by Ord.
No. 879-24]
a.
TPC applications must be made, in writing, according to rules and
regulations set forth by the Borough Clerk's office. The permit
fee shall be as set from time to time by the Governing Body and must
be paid upon submission of the application.
b.
Where the removal of three or more trees is planned, a landscape
plan indicating the species and location of replacement plantings
must also be attached to the application.
c.
Applications for tree removal permits shall be referred by the Borough
Clerk to the TPC, which shall review and decide the applications within
45 days of receiving all required information. Failure of the TPC
to respond by the end of the review period results in automatic approval
and permit issuance.
d.
The application for a permit gives implicit permission for members
of the TPC to enter onto the applicant's property to inspect
protected trees. No advance notification of inspection visits will
be given unless specifically requested by the property owner. Such
on-site inspections shall be conducted at a reasonable time of day.
TPC members may be accompanied by a Licensed Tree Expert, and photos
may be taken for purposes of site documentation.
e.
The TPC decision and comments will be provided to the homeowner,
in writing, by the Borough Clerk.
f.
If the TPC approves the permit, the Borough Clerk will issue both
the permit and a permit sign for public posting on the site at a location
visible from the street. The sign must be posted at least three business
days before tree removal begins. Permits must be available on-site
for presentation to TPC members, the Building Inspector, or police
upon request while the removal is in progress.
g.
Tree removal permits expire six months after the approval date.
h.
For the issuance of a tree removal permit, applicants shall pay to
the Borough a fee of $25.
[Added 4-8-2024 by Ord.
No. 879-24]
a.
The provisions above shall not apply to the removal of a hazardous
tree under the following emergency procedure:
1.
A TPC application designated as an emergency removal is to be filed
with the Borough Clerk, including required fees.
2.
A waiting period lasting until the end of the next business day is
required before removal action is taken. This waiting period allows
time for one or more TPC members to evaluate the tree and communicate
their findings to the Borough Clerk. If approved, the Borough Clerk
will issue a permit. Failure of the TPC to respond by the end of the
waiting period results in automatic approval and issuance of a permit.
3.
The waiting period may be waived if a Licensed Tree Expert determines
that the tree must be removed immediately for safety reasons, and
within five business days, the Borough Clerk is notified, in writing,
that an emergency removal action has taken place. Such notification
shall be through filing a post facto TPC application, with required
fees, containing sufficient documentation of the emergency event,
including a statement from a Licensed Tree Expert or other qualified
expert and a written explanation of the circumstances and conditions
that gave rise to the need for immediate emergency removal, and shall
be accompanied by photographic documentation of the tree before and
after removal.
b.
Removal of a protected tree based on an unreasonable reliance on
this emergency procedure, as determined by the TPC, shall be a violation
of this chapter.
c.
The emergency procedure will be waived:
1.
When a tree is determined to be dangerous by a police officer, firefighter,
Public Works official, or civil defense official acting in his or
her professional capacity during or in the aftermath of catastrophic
events or states of emergency.
2.
When tree removal is determined to be necessary by Fire Department
personnel actively engaged in fighting a fire.
[Added 4-8-2024 by Ord.
No. 879-24]
No person, firm or corporation shall purposely, carelessly,
or negligently take any action that will result in killing, destroying,
or significantly degrading the immediate or long-term viability of
any protected tree. Such actions include, but are not limited to:
a.
Removal of a protected tree without a permit.
b.
Girdling or partial girdling or other significant bark damage.
c.
Compaction of CRZ due to construction or other activity. Disallowed
activity within the CRZ includes traversal, access, or parking by
construction vehicles; manual construction activities, excluding landscaping
(unless specifically authorized by an approved site development plan);
excavation and stockpiling of materials.
d.
Installation of impervious surfaces over more than 25% of the root
zone.
e.
Severing or trenching through more than 25% of the root zone.
f.
Grade change exceeding three inches within the CRZ.
g.
Poisoning in any manner.
[Added 4-8-2024 by Ord.
No. 879-24]
a.
Public protected trees may be removed only by a Borough department
or agency, or by a firm or individual retained or duly authorized
by the Borough. Removal of or damage to a publicly protected tree
by any other person, firm, or corporation is a violation of this chapter.
b.
A TPC application is not required for the Borough to remove a public
protected tree, but notification of nearby property owners shall occur
before a public protected tree is removed (except in cases of emergency)
by posting a sign on the subject tree(s) for at least three business
days before removal. Information such as a Licensed Tree Expert report
and any test results leading to the Borough department's decision
for tree removal shall be made available to Borough residents upon
request. Documentation of publicly protected trees that have been
removed shall be forwarded to the TPC.
[Added 4-8-2024 by Ord.
No. 879-24]
a.
Fines. Any person, firm, or corporation that removes or causes to
be removed protected trees without first obtaining the required tree
removal permit or who causes irreparable damage to a protected tree
according to this chapter, or otherwise violates this chapter, shall
be guilty of a violation and, upon conviction, may be subject to fines,
including:
1.
Mechanical damage to a publicly protected tree, such as knocking
over, breaking, or uprooting the tree, bark tearing, limb breakage,
tree well damage, or damage to the tree roots caused by a vehicle:
up to $500 per violation.
2.
Violations affecting a protected tree or public protected tree: up
to $500 per violation.
3.
Violations affecting a protected tree within a conservation easement,
wetland, watercourse, or designated buffer area: up to $1,000 per
violation.
4.
Other violations of this chapter: up to $2,000 per violation.
5.
Fines may be doubled if additional violations occur while an appeal
process is pending.
6.
Each tree shall be considered a separate violation.
7.
Both the property owner, the general contractor, and the tree removal
contractor may be held in violation and fined separately.
b.
Restoration agreements. Any person, firm, or corporation that removes
or causes to be removed protected trees without first obtaining the
required tree removal permit, or who causes irreparable damage to
a protected tree according to this chapter, shall be subject to a
Restoration Agreement.
[Added 4-8-2024 by Ord.
No. 879-24]
a.
In the case of non-violation conditions, tree valuation is defined
as "equivalent diameter inches," i.e., a twenty-inch DBH tree would
be deemed equivalent to up to a twenty-inch caliper of replacement
trees. Replacement trees are suggested by the TPC based on the preferred
species list. The numbers, sizes, and types of trees required for
replacement will be specific to each situation.
b.
In the case of violation conditions, the tree valuation calculation
may include a dollar value estimate for trees that were too large
to be replaced directly. This is achieved using the industry standard
"trunk method" formula written by the Council of Tree and Landscape
Appraisers. This formula considers four key factors: size, species,
condition, and location.
[Added 4-8-2024 by Ord.
No. 879-24]
Any person or entity that is the subject of any decision under
this chapter may appeal such a decision by notifying the Borough Clerk
and scheduling a meeting with the TPC. If the issues cannot be resolved,
a further appeal can be made to the Governing Body by giving written
notice of such appeal to the Borough Clerk. The decision of the Governing
Body on any such appeal shall be deemed to be the final decision of
the Borough of Little Silver.
[Added 4-8-2024 by Ord.
No. 879-24]
Enforcement of this chapter shall be undertaken either by the
Borough Code Enforcement Officer or a designated member of the Borough's
Department of Public Works.
