[Adopted 2-8-2024 by Ord. No. 2024-002[1]]
[1]
Editor's Note: This ordinance also superseded former Art.
I, Planting and Removal, adopted 2-9-2006 as Ch. 22 of the 2006 Code of the Borough of High Bridge, as amended, and Art. II, Tree Protection, adopted 2-9-2006 as Ch. 23 of the 2006 Code of the Borough of High Bridge, as amended, both of which are now included in this Part 1.
The Mayor and Council shall have the power to:
A.
Exercise full and exclusive control over the regulations, planting
and care of shade and ornamental trees and shrubbery now located or
which may hereafter be planted in any public right-of-way, highway,
park or public open space in the Borough of High Bridge.
B.
Regulate and control the use of grounds surrounding the same so as
may be necessary for their proper growth, care and protection.
C.
Move, remove or require the removal of any tree or branch or section
of tree dangerous to the public safety.
D.
Care for and control plantings in parks and roadways to encourage
arboriculture.
E.
Amend or adopt all ordinances necessary for the proper implementation
of the provisions of this article.
F.
Administer treatment to or remove any tree situated upon private
property which is believed to harbor a disease or insects readily
communicable to neighboring healthy trees in the care of the Borough,
and enter upon private property for that purpose with the consent
of the owner thereof, provided that the suspected condition is first
confirmed by a certificate issued by and on behalf of the Department
of Agriculture of the State of New Jersey.
G.
Accept guidance from the Borough Environmental Commission regarding
shade trees and shrubbery in the public domain.
Except as hereafter provided, the initial cost of all trees
planted by the governing body, including the cost of labor, tree stabilization
and protection articles, gear or equipment and the cost of the removal
of any tree or branch or section dangerous to the public safety shall,
if the governing body shall so determine in accordance with uniform
rules and regulations promulgated for that purpose, be a charge upon
the real estate upon which the tree or trees shall be planted, pruned
or removed as an improvement. Such costs payable by the owner may
be directly paid to the Borough or be certified by the Mayor and Council
to the Tax Collector and shall then become a lien upon the real estate
and be included in the next collection in the same manner as other
taxes against the property; provided, however, that the provisions
of this section shall not apply to the following:
A.
Notice of hearing. In every case where the property owner will be
charged with the cost of the planting of any shade tree or trees,
the Mayor and Council shall give notice of the meeting at which it
is proposed to consider said planting by publishing a notice at least
once not less than 20 days before the meeting in a newspaper circulating
in the Borough and service of a copy of the notice upon the property
owner at least 10 days before the meeting. The notice shall specify
streets or areas where the planting is proposed and require all persons
who may object to present their objections, in writing, to the Mayor
and Council at or before their next meeting. A notice shall be sent
by certified mail, return receipt requested, to the person whose name
appears on the most recent tax list of the Borough for the receipt
of tax bill, and notice sent or given to such persons shall be deemed
sufficient for the purpose of this section. Before final action shall
be taken, any objections filed with the Mayor or Council shall be
considered.
B.
Emergencies. The Mayor and Council shall give reasonable notice of
its intention to remove or cause the removal of a tree or part of
a tree dangerous to public safety unless public safety requires immediate
removal, in which case no notice shall be necessary.
No statute giving any person, state, county or municipal board,
body or official the power or authority to lay any sidewalk along
or to open, construct, curb, clear or pave any street or to do any
similar acts shall be construed to permit or authorize any interference
with or injury to any roadway or highway shade tree without the consent
of the Mayor and Council within whose jurisdiction such tree shall
be located. In all cases, the Mayor and Council shall reasonably cooperate
with such person, board, body or official for the public good.
The Mayor and Council shall serve without compensation.
This article shall be known and may be cited as the "Tree Protection
Code of the Borough of High Bridge."
The governing body does herein decide and find that the indiscriminate
uncontrolled and excess destruction, removal and cutting of trees
upon lots and tracts of land particularly on steep slopes and along
stream corridors within the Borough has resulted in creating increased
municipal costs to control drainage and road repairs and has further
caused increased soil erosion, decreased fertility of soils and increased
dust, which has caused deterioration of property values. This has
further rendered land unfit and unsuitable for their most appropriate
use, with the result that there has been deterioration or will result
in a future deterioration of condition affecting the health, safety,
and general well-being of the inhabitants of the Borough of High Bridge
and has caused the passage of this article to regulate and control
the indiscriminate and excessive cutting of trees in the Borough.
The purpose of this article is to regulate the removal of trees
within the Borough; to protect the Borough's current tree stock;
to establish the authority for tree protection within the Borough
and to provide penalties for violations to this article.
As used in this article, the following terms shall have the
meanings indicated:
Any person, as defined below, who applies for approval to
remove trees regulated under this ordinance.
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 equal to 6 inches x 1.5
feet = 9 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. For species of trees where the main trunk divides below
the 4 1/2 foot height, the DBH shall be measured at the highest
point before any division.
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.
A licensed tree expert shall make all determinations for the below:
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 licensed tree expert (LTE).
Is experiencing mechanical failure, or is likely to experience
mechanical failure within five years.
A person(s) who owns a residence.
The Zoning Officer, unless the Borough specifically appoints
another 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
and the portion of the street reserved for vehicular traffic or between
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 or
contractor hired by the individual who resides on the residential
property where a tree(s) regulated by this article 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 legally established and existing parcel of land, with boundaries
determinable from existing records, which has a building located thereon
which is occupied or capable of being occupied, which has a lot size
at least twice the minimum zoning requirements of the Borough, and
with dimensions and setbacks sufficient to allow subdivision into
at least two building lots and having the same restrictions as an
undeveloped lot.
A woody perennial plant, typically having a single stem or
trunk growing to a considerable height and bearing branches at some
distance from the ground.
Any tree with a diameter of 18 inches or that is recognized
by the municipal governing body or local historical organization(s)
as being a significance.
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.
A specific plan for replacement of removed trees in accordance
with the provisions of this article.
A plan prepared in accordance with criteria set forth in
N.J.A.C. 18:15-2.10 and which is required to be filed with the Assessor
and the DEP by an owner of the woodland as set forth in N.J.A.C. 18:15-2.7.
The official appointed by the Borough is the established authority
responsible for interpreting definitions. In any case, the official
appointed by the Borough shall have the right to determine whether
any specific woody plant shall be considered a tree or a shrub. Such
a determination shall be final and not subject to appeal.
The Borough of High Bridge shall have control of all street
trees, shrubs, and other plantings now or hereafter in any street,
park, public right-of-way or easement, or other public place within
the Borough limits or on property owned by the Borough, and shall
have the power to plant, care for, maintain, remove and replace such
trees, shrubs and other plantings. The Borough of High Bridge also
shall have jurisdiction over any tree upon any private land, including
the public right-of-way and easements within the Borough of High Bridge.
It is the policy of the Borough to line its streets with trees
and to conduct a consistent and adequate program for maintaining and
preserving the forest canopy throughout the Borough. It is the policy
of the Borough to encourage new tree planting on public and private
property and control and regulate through the permit requirements
the indiscriminate and/or excessive removal of trees. The Borough,
in implementing its various programs and projects, shall comply with
the purpose and policy of this article. In doing so, the Borough shall
provide to the Environmental Commission for review and comment all
plans that may affect protected trees, including but not limited to
road improvement projects. In addition, the officer appointed by the
Borough will provide a monthly report on residential tree permit removals
and trees removed on municipal property.
A.
No person shall destroy or remove any tree upon any private or public
land, including the public right-of-way and easements, within the
Borough of High Bridge until a permit has been secured pursuant to
this article or the removal is specifically exempt herein.
B.
No approval for a major subdivision, minor subdivision, or in the
Borough that involves the destruction or removal of any tree will
be granted until a landscaping plan and in accordance with this article,
tree replacement and reforestation of that parcel, is submitted to
and approved by the Planning Board in consultation with the Environmental
Commission. The site plan must include:
(1)
A tree survey to determine number, sizes, and exemption of trees
for assessment of fees shall include; the location, identity of the
species, critical root radius, DBH and the quantity of each species
of trees which are to be removed or disturbed.
(2)
List of the specific proposals for replanting, if applicable.
(3)
Reforestation plan. Lots with tree coverage less than 30% shall be
required to plant a minimum of 1.5 trees per 10,000 square feet or
less of open field. The owner or applicant shall have a landscape
architect or licensed surveyor calculate the total required trees
to be distributed in accordance with a landscape plan of the entire
project, which shall be approved by the Environmental Commission
C.
No person shall destroy or remove any trees from steep slopes or
within 25 feet of a stream on his/her private property unless a permit
has been secured pursuant to this article.
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 Borough by all persons claiming
an exemption. Proper justification shall be photos and a statement
and must be verified by the official appointed by the Borough. If
requested, a statement from a licensed tree expert as per N.J.S.A.
45:15C-11 or arborist must be provided.
A.
Residents who remove less than four trees per acre that fall into
Category 1, 2, or 3 of the Tree Replacement Requirements Table within
a five-year period. (The number of trees removed is a rolling count
across a five-year period. For example, if three trees from Category
1 are removed in July 2023, the count resets to zero in July 2028.
However, if one tree from Category 1 is removed in July 2023 and another
in July of 2025, the first tree will come off the count in July 2028
and the second in July 2030.)
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 Borough.
D.
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.
E.
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.
F.
Approved game management practices, as recommended by the State of
New Jersey Department of Environmental Protection, Division of Fish,
Game and Wildlife.
G.
Hazard trees may be removed with no fee or replacement requirement.
A.
Any person planning to remove one or more street tree(s) with a DBH of 2.5 inches or more, unless exempt under § 380-14 above, shall be subject to the requirements of the Tree Replacement Requirements Table below.
B.
Any person, who removes one or more tree(s), as defined as "tree removal," with a DBH of six inches or more per acre, unless otherwise detailed under § 380-14, shall be subject to the requirements of the Tree Replacement Requirements Table and shall apply for a tree removal permit in accordance with § 380-18 below. Permit fees will be assessed as per § 380-19.
C.
The applicant shall identify the land upon which the tree or trees
are located and shall disclose the name and address of the owner,
tenant, or duly authorized agent of the owner of the property.
D.
The applicant shall identify and place the location of the tree or
trees to be cut, destroyed or removed, reason for removal, size and
species proposed for removal and such further information when requested.
E.
Applicants with woodland management plans will be required to apply
for a permit, receive approval from the official appointed by the
Borough and will be responsible for full permit fees.
F.
Residents are responsible for informing tree services of our tree
ordinances.
As a basis for determining permitted tree removal, the official
appointed by the Borough shall give due consideration to the following
and their impact on the existing trees and the following:
A.
Clearance for proposed road or approved driveway right-of-way.
B.
Clearance of trees for construction of a residence or other primary
building plus a twenty-five-foot-wide area surrounding such buildings.
C.
Clearance of trees for the construction of septic tanks, leaching
fields, sewer plants and other utilities shall be considered if the
plan is approved by the County Health Department, Health Officer,
or the Borough Engineer.
D.
Any tree designated in accordance with an approved woodland management
plan.
E.
Clearance of any dead, dying, or diseased or infested tree.
F.
Its inherent value as a significant tree.
G.
Clearance of trees to plant a garden
H.
Clearance of trees to put in a pool.
I.
Clearance of trees to build a patio or deck.
J.
Clearance of trees to add an addition.
A.
Tree replacement requirements.
(1)
Appendix A[1] of this article shall provide for a tree list which shall
provide a list of approved trees that are acceptable to be planted
as replacement trees or, at a minimum, develop a list of trees that
shall not be used as replacement trees. Requests to have a tree not
on the approved list shall be a written request to the Borough official.
Approved planting times/seasons and proper planting standard procedures
shall be provided in Appendix A.
[1]
Editor's Note: Appendix A is on file in the Borough offices.
(2)
Replacement tree(s) shall:
(a)
Be replaced in kind with a tree that has an equal or greater
DBH than the 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.
B.
Tree replacement and reforestation.
(1)
Replacement tree(s) shall meet the required actions in the table
below:
|
Category
|
DBH of Tree Removal
(in inches)
|
Number of Replacement Trees
(minimum two-inch caliper)
|
|---|---|---|
|
1
|
2.5 (for street trees) or 6 (for other trees) to 12.99
|
1 tree with a minimum DBH of 1.5 inches for each tree removed
|
|
2
|
12 to 22.99
|
2 trees with a minimum DBHs of 1.5 inches for each tree removed
|
|
3
|
23 to 32.99
|
3 trees with minimum DBHs of 1.5 inches for each tree removed
|
|
4
|
33 or greater
|
4 trees with minimum DBHs of 1.5 inches for each tree removed
|
|
5
|
Tree of Significance*
|
5 trees with minimum DBHs of 1.5 inches for each tree
|
|
NOTES:
| |
|
*
|
Tree of Significance removals shall be approved by the officer
appointed by the Borough.
|
(2)
Replacement alternative. Replacement tree(s) shall be located on
site. If replacement trees cannot be accommodated on site, the Environmental
Commission may consider suggestions of alternate planting sites and/or
a monetary fee of $300 for each replacement tree that would have been
required in accordance with this article deposited in the Borough
Tree Trust Fund.
The official appointed by the Borough after inspecting the site
shall determine whether the applicant shall be granted a permit and
shall issue a tree removal permit or denial, in writing, within 14
days of the date of such application.
A.
The applicant at the time of filing said application shall deposit
with the official appointed by the Borough Mayor and Council a fee
for the permit according to the following schedule:
(1)
Dead or dying tree, mechanically failing tree, or poses a safety
hazard: no fee.
(2)
Trees within 20 feet of a structure: no fee.
(3)
One to two trees: free per calendar year.
(4)
Three to five trees: $30.
(5)
Six to 15 trees: $300.
(6)
Sixteen to 50 trees: $1,000.
(7)
Fifty-one to 100 trees: $3,000.
(8)
One hundred to 200 trees: $5,000.
(9)
Each additional increment of 100: $2,000.
B.
If, upon reviewing an application, the official appointed by the
Borough determines a tree to be dead or dying, the fee shall be waived.
C.
If said determination of the applicant's request is unfavorable,
the official appointed by the Borough shall promptly notify the applicant,
in writing, within 14 days and shall not issue said permit. The applicant
shall, therefore, be entitled to a refund of the fees paid with the
application.
D.
In cases where the services of a tree expert are required, the cost
thereof shall be borne by the applicant.
Nothing contained in this article shall be deemed to impose
any liability upon the Borough, its officers or employees, nor to
relieve the owner of any private property from the duty to keep any
tree, shrub or plant upon any street tree area on his property or
under his control in such condition or to prevent it from constituting
a hazard or an impediment to travel or vision upon any street, park,
pleasure ground, alley or public place within the Borough.
A.
No person, firm or corporation shall interfere with the Director
of Public Works or persons acting under the authority of the Mayor
and Council while engaged in planting, mulching, pruning, or removing
any tree, shrub, or plant in any street or public place within the
Borough. No person, firm or corporation shall purposefully damage,
harm or alter any tree in a manner that threatens to diminish the
vigor of the tree and will be subject to the penalties outlined for
unlawful tree removal in this article.
B.
In connection with any building construction subsequent to permitted
tree removal but prior to start of construction, suitable tree protective
barriers shall be erected and inspected and approved by the officer
appointed by the Borough Official, and this protection, generally
at the critical root radius, where required, shall remain until such
time as the protection is authorized to be removed or after the issuance
of a final certificate of occupancy. In addition, during construction,
no attachments or wires shall be attached to any of said trees so
protected. Grading within the critical root radius of trees must be
approved and appropriate measures shall be taken to minimize impact
to the trees. Any trees seriously damaged during construction must
be professionally treated by a New Jersey certified tree expert or
replaced if the damage is beyond treatment. A detail of the existing
tree self-supported protective barrier shall be provided on all applications.
The self-supported protective barrier shall be placed at the critical
root radius of any tree along the limit of clearing and around the
entire critical root radius for trees to remain undisturbed within
the limit of clearing. It shall be unlawful for any person in the
construction of any structure or other improvement to place solvents,
material, construction machinery or temporary soil deposits within
the critical root radius. During construction, the contractor shall
take all reasonable steps to protect the surrounding tree. No structures,
equipment or movable machinery that could injure a tree shall be permitted
to operate closer than the critical root radius of the tree. Prior
to removal for construction activity, all trees to be removed shall
be tagged and all trees to be retained shall be protected with tree
protection fencing. Tagging and fencing shall be inspected by the
Borough Official. Installation and repair of septic tanks and fields
and underground utilities are not permitted under the critical root
radius of a tree.
C.
Any work in the critical root radius of a tree will be considered
a violation of this article without the approval, in writing, of the
Construction Official.
The applicant shall have the right to appeal the aforesaid decision
to the Planning Board/Board of Adjustment of the Borough of High Bridge
within 20 days of receipt of the official appointed by the Borough's
decision. Said appeal shall be scheduled to be heard with a written
notice of the hearing sent to the applicant within 30 days after the
filing of said notice of appeal. The Planning Board/Board of Adjustment
may, in its discretion and upon complete review of the application,
after hearing the testimony of the official appointed by the Borough
and the applicant, reverse, modify or affirm the aforesaid decision.
The official appointed by the Borough is hereby charged with
the responsibility for the enforcement of this article and may serve
notice to any person in violation thereof or institute legal proceedings
as may be required, and the Borough Prosecutor is hereby authorized
to institute appropriate proceedings to that end.
The Borough Environmental Commission shall collect and maintain
all records and data necessary to objectively evaluate whether progress
is being made toward the stated goals of this article. An annual summary
and analysis of the evaluation and recommendations for action shall
be prepared at the direction of the Environmental Commission and presented
to the Mayor and Borough Council. The Mayor and Borough Council shall
consider the report and recommendations and take all actions deemed
necessary to accomplish the goals of this article. These actions may
include, but are not limited to, revision or amendment of this article
or the adoption of other resolutions or ordinances.
A.
The Mayor and Borough Council shall promulgate rules, regulations
and policies establishing public tree policy. The duties of the Borough
Environmental Commission shall include:
(1)
To study the problems and determine the needs of the Borough in connection
with its tree policy.
(2)
To recommend to the Mayor and Borough Council the type and kind of
trees to be planted upon such Borough streets or parts of Borough
streets, parks, or public places.
(3)
To assist the properly constituted officials of the Borough, as well
as the Mayor, Borough Council and citizens of the Borough, in the
dissemination of news and information regarding the protection, maintenance,
removal, and planting of trees on public and private lands.
(4)
To make such recommendations from time to time to the Borough Council
as to desirable legislation concerning tree policy and activities
within the Borough.
B.
The official appointed by the Borough of High Bridge Mayor and Council
shall have the authority and be responsible for implementing the provisions
of this policy carried under this article. The Director of Public
Works shall, by use of Borough employees or private contractors, plant,
maintain and otherwise care for or, if necessary, remove trees in
any public place in the Borough with consultation from the Environmental
Commission and/or designee (tree expert) as needed.
A.
Fines. Any violation of any provision in this article shall be considered
an offense punishable by a fine not to exceed $1,000 for each offense
or imprisonment for a term not exceeding 90 days.
B.
Presumptions. In any prosecution for failure to secure a permit prior
to removal, the following shall apply:
(1)
The diameter of the stump of a removed tree shall be rebuttably presumed
to be the diameter of the removed tree at a point 4.5 feet above the
ground.
(2)
If the stump of a removed tree has been removed or destroyed, it
shall be rebuttably presumed that the tree exceeded the minimum standards
requiring a permit to be secured.
