A significant specimen tree shall include any tree with a diameter
at breast height (DBH) larger than 16 inches or has a trunk diameter
exceeding 60% of that of the largest similar tree listed in the Cape
May List of Approved Trees and Shrubs that is prepared and annually
updated by the Cape May Shade Tree Commission.
The City Council may appoint a Tree Specialist who shall be
responsible for the inspection of sites for which application(s) are
filed under this chapter as directed by the Shade Tree Commission
and who shall meet either of the following qualifications:
A. A forester who shall have a bachelor's degree in forestry or
arboriculture from a college or university, shall be certified as
a certified tree expert by the State of New Jersey; or
B. A conservation officer who shall be certified as a certified tree
expert by the State of New Jersey.
The restrictions in this section shall apply to the removal of all trees as defined in §
482-1 that grow on any land in the City, and including Significant Specimen Trees, unless such trees are 1) permitted to be removed under the provisions of this section, or 2) are otherwise regulated as part of the City's site plan, subdivision or zoning regulations, as set forth in §
482-7. For the avoidance of any doubt, the regulations herein shall apply to trees growing in any public right-of-way as well as on private property.
In the case of an emergency where, for example, trees are blown
over and/or uprooted, damaged beyond repair, or in such condition
that the tree poses a risk of serious damage to person, property or
public safety, a tree may be removed immediately per the following
process:
A. The Tree contractor or property owner must contact either the Code
Enforcement Officer, the Deputy Code Enforcement Officer, or any member
of the Cape May City Shade Tree Commission.
B. The responding individual shall inspect the tree and determine if
the tree is considered dangerous. The term "dangerous" is defined
as in such condition that the tree risks immediate and serious damage
to a person, property or public safety.
C. If the responding individual determines the tree is not dangerous, the requesting party must submit an application for tree removal pursuant to §
482-5.
D. If the responding individual determines the tree is dangerous:
(1) The tree may be removed upon verbal approval to the Tree Contractor
or property owner by the responding individual.
(2) The responding individual must notify the Code Enforcement Office
and Shade Tree Commission, in writing, of the determination within
24 hours.
E. Within five business days following an emergency requiring the removal of the tree, the Tree Contractor or property owner must submit an application pursuant to §
482-5. The applicant shall provide evidence demonstrating the need for the emergency removal, including, but not limited to, photographs. The applicant shall comply with any replacement obligations as determined by the Shade Tree Commission pursuant to §
482-6.
F. All tree care services within the City shall be conducted by a person
or entity licensed pursuant to N.J.S.A. 45:15C-11, et seq., unless
the person, entity, or activities are exempt pursuant to N.J.S.A.
45:15C-31. Exemptions include the following:
(1) Any public utility or any employee of a public utility while engaged
in the actual performance of his duties as an employee;
(2) Any employer under contract with a public utility who is engaged
in tree trimming or any other utility vegetation management practice
for purpose of line clearance, or any employee of the employer while
engaged in the actual performance of duties in regard to tree trimming
or other utility vegetation management practice or for the installation
of underground facilities or associated site construction;
(3) Any forestry activities that are conducted under the forest management
and stewardship programs approved by the State Forester, provided
that tree climbing is not performed, nor are aerial lifts, cranes,
or rope and rigging operations used;
(4) Landscape construction activities, including those performed by,
or under the direction of, a landscape architect, or ground based
landscape maintenance activities such as pruning, fertilization, insect
and disease control, planting, transplanting and all other forms of
ground based landscape maintenance, in compliance with the sections
of the American National Standards Institute practice standards set
forth by the board by regulation, with applicable safety standards
and regulations promulgated by the federal Occupational Safety and
Health Administration, and with any pesticide regulations promulgated
by the Department of Environmental Protection. For the purposes of
this subsection, ground based landscape maintenance means operations
that do not involve climbing, the use of aerial lifts, cranes, rope
and rigging operations, or the removal of trees over six-inch D.B.H;
(5) Any person or employer that does not offer tree care services for
hire;
(6) Any trees being removed pursuant to an approved site plan or subdivision
approval, provided that the tree removal activities are performed
in compliance with the sections of the American National Standards
Institute practice standards set forth by the board by regulation,
with applicable safety standards and regulations promulgated by the
federal Occupational Safety and Health Administration, and with applicable
safety standards of the American National Standards Institute as designated
by the board by regulation; and
(7) Any employee of a municipality or county while engaged in the actual
performance of his duties as an employee.
The Shade Tree Commission shall grant or deny the permit with
reference to the standards contained in this section. In applying
such standards, the Commission may condition the grant of the permit
upon such reasonable conditions as may be deemed necessary to effectuate
the purpose of this section.
A. The Commission shall be satisfied that the removal of any particular
tree is required for the effective utilization of the lands in question,
and that no alternative to removal is available.
B. The Commission shall be satisfied that the proposed removal shall
not impair the growth and development of the remaining trees on the
lands where the proposed tree or trees are located, as well as on
adjacent lands.
C. The Commission shall be satisfied that adequate precautions shall
be taken with respect to the removal of the tree or trees, so that
other trees will not be damaged by removal, and that the roots of
remaining trees will not be cut.
D. Should the Commission authorize the removal of any tree, it shall
require the applicant to provide a replacement tree, or trees, of
a size and type, and at a location, in accordance with the following:
(1) All existing trees outside a building footprint having a three-inch
diameter trunk measured at a point 4.5 feet above the ground on the
downhill side of such tree, shall remain if said trees are in excess
of six feet from the outside of the exterior wall of the proposed
structure. In the event that an applicant wishes to remove a tree
or trees as above described, that applicant shall then be required
to plant two trees for each tree removed, which replacement trees
shall be of at least two inches in diameter at a point 4.5 feet above
the ground at a location on the property to be chosen by applicant.
(2) In addition to the replacement of removed trees above described,
the applicant shall replace at a location of his or her choice on
the property, any trees located within the footprint of the proposed
structure, plus six feet, if said trees have a trunk at least three
inches in diameter measured at a point 4.5 feet above the ground on
the downhill side of such tree.
For every tree removed within the footprint of the existing
or proposed structure, plus six feet, the applicant shall plant one
tree along the side yard and rear yard, which tree shall be of the
same size as the replacement tree above described. However, the applicant
shall not be required to plant trees closer than 10 feet between the
two, said distances measured from center trunk to center trunk. The
replacement trees need not be of the same species as the trees removed;
however, they shall be of the same height classifications as the trees
removed. There may be circumstances in which these general guidelines
for replacement are unworkable due to unique conditions affecting
land. The Shade Tree Commission may determine the appropriate replacement
obligation balancing the purposes of Tree protection and with the
general guidelines for replacement contained herein.
(3) The location of the tree to be removed determines the replacement obligation. All replacement trees or shrubs may be installed in a location determined by the applicant in accordance with this section. The example graphic below depicts the areas subject to Subsections
D(1) and
D(2):
E. The Commission may permit an exemption from the replacement requirements
of this section upon a showing of extraordinary circumstances or undue
hardship.
F. A Tree Protection Zone (TPZ) shall be delineated around all trees
to be protected during a project to limit root pruning and restrict
traffic and material storage. The TPZ shall specify a distance in
which excavation, storage, and other construction-related activities
shall be prohibited. The TPZ may vary depending on species, factors,
age and health of the plant, soil conditions, and proposed construction.
The TPZ shall be accomplished by physical barriers or soil protection
layers or treatments. TPZ barrier(s) shall be installed prior to any
activities performed on the site that may impact the root zone or
aboveground parts of the tree.
(1) Generally, the area and dimensions of the TPZ shall be calculated
by multiplying the diameter of the tree by 12. However, the dimensions
of the TPZ shall be subject to the discretion of the Shade Tree Commission
after consideration of all relevant site conditions. Post and rail
fencing with a height of at least four feet shall be located at that
distance and surround the tree completely. Plastic fencing is not
appropriate for use in connection with a TPZ. Nothing should enter
or be placed within the TPZ until the project has been completed.
Example: A tree with a ten-inch diameter: 12 inches by 10 inches
equals 120 inches or 10 feet. In this example, the wooden fencing
should surround the tree at a distance of 10 feet from the trunk of
the tree.
(2) If site conditions make compliance with the TPZ impractical, a designated
representative of the Shade Tree Commission may approve alternative
mitigation procedures reasonably calculated to advance the purposes
of the TPZ, or, that such activities will not impact tree health.
The designated representative may include such reasonable conditions
necessary for the protection of trees as described herein.
(3) Fencing or other barriers to the TPZ shall be installed prior to
site clearing, grading, and demolition, and maintained through construction
and landscaping. Activities within the TPZ are prohibited. TPZ fencing
may be removed upon the issuance of a CO, or earlier if approved by
the designated representative of the Shade Tree Commission.
Section
525-60 and this chapter are to be read together for the protection and preservation of trees. No tree as defined herein may be removed unless through compliance with this section, or, through approval of a landscaping and vegetation plan approved by the City of Cape May Planning Board or Zoning Board. The Zoning Officer shall refer any applicant proposing removal, or, other tree care services as part of a landscaping and vegetation plan pursuant to §
525-60, to the Shade Tree Commission for review and determination pursuant to this section. Any removal or tree care services approved pursuant to §
525-60 by the Zoning Officer and/or the Planning or Zoning Board shall be deemed to be permitted by this section. For the avoidance of any doubt, applications to the Historic Preservation Commission that propose removal of any tree shall be required to comply with this section in addition to any other requirements or conditions imposed by the HPC. Decisions by the HPC will not exempt the applicant from compliance with this Chapter.
It shall be a violation of this section, punishable under §
482-10, for any person, corporation or entity to remove a tree in order to avoid the provisions of this section.