[Adopted 4-22-2024 by Ord. No. 24-10]
A. 
The Mayor and Council of the Borough of River Edge finds that the preservation, protection, and planting of trees and other plants conserves and enhances the Borough's physical and aesthetic appearance, and generally protects the public health and safety and general welfare.
B. 
The intent of this article is to limit the adverse impact of damage and removal of Borough trees associated with construction. This article preserves and perpetuates the Borough's tree stock located on public property and within the public right-of-way, through the establishment of regulatory controls for the preservation of street trees.
As used in this article, the terms hereinafter set forth shall be defined and deemed to have the following meanings:
CASH LANDSCAPE BOND
A cash deposit in United States currency, bank or certified check made out payable to the Borough of River Edge.
COMMITTEE
The Shade Tree Advisory Committee of the Borough of River Edge including any of its duly appointed members and any of its duly authorized agents.
GROSS FLOOR AREA
The gross floor area of a principal structure or building measured from exterior walls of the building or principal structure.
ISA
The International Society of Arboriculture.
PUBLIC PROPERTY
Any road, easement, passageway or area under the jurisdiction and control of the Borough of River Edge.
REGULATED PROJECT
Any undertaking involving new construction or development of existing residential property affecting 50% or more of the existing gross floor area or demolition of an existing principal structure or building affecting 50% of the total gross floor area.
REGULATED TREE
Any living woody perennial plant having a diameter greater than 1 1/2 inches measured at a point four inches above the base of the root flare. This definition shall apply to any tree situated in or along any public property, park, field, public right-of-way, easement or encumbrance under the ownership and control of the Borough of River Edge. The term "regulated tree" shall also mean public tree(s) as provided in the context within the article.
SHADE TREE REPLACEMENT FUND
"Trust Other Fund - Dedicated Shade Tree Escrow Account" and is the dedicated depository account Committee for tree permit fees, tree replacement fees, expert fees and cash landscape bonds.
A. 
Any person undertaking a regulated project shall secure a tree protection permit from the DPW Superintendent and will provide the Borough of River Edge with a cash landscape bond in the amount of up to $5,000 for each Borough of River Edge street tree adjacent to or on said property for a duration of up to a maximum of three years starting from the time a certificate of occupancy is issued. After two years, the tree/trees will be evaluated by the Committee, and based upon the evaluation, the DPW Superintendent will determine whether the cash bond should be extended or utilized to remove and replace any or all of the Borough of River Edge trees on said property. Valuation of trees shall be based upon current ISA standards.
B. 
In the undertaking of a regulated project, the owner, contractor or other person in charge thereof shall place such guards around all nearby trees as will effectually prevent injury to such trees.
C. 
All deposits from this section shall be deposited into the Borough's Shade Tree Replacement Fund.
A. 
Project permit application submission. Upon filing of a demolition or building permit for a regulated project, a tree protection project permit shall be required for the removal and/or protection of public trees. A permit application for the removal and/or protection of said trees shall be submitted to the DPW Superintendent, together with a copy thereof to the Shade Tree Advisory Committee for review.
B. 
Application contents. An application for a tree removal and protection project permit shall consist of the following:
(1) 
The name and address of the owner of the land.
(2) 
The description of the lands in question, including the lot and block numbers of the land as shown on the current Tax Map of the Borough of River Edge; a survey or plot plan locating public and private trees; tree location placed on existing survey or plot plan need not be certified by any licensed professional.
(3) 
The quantity, DBH caliper size, location and species of regulated tree(s).
(4) 
The proposed dates for commencement and completion of the project.
(5) 
Name and address of the person having express charge, supervision, and/or control of the proposed protection or removal of tree(s).
(6) 
A tree protection plan.
C. 
Application review.
(1) 
The DPW Superintendent or designee shall review the project permit application. The DPW Superintendent or designee shall then provide written notice to the applicant indicating one of the following determinations and the valuation of regulated trees and landscape bond amount:
[Amended 9-9-2024 by Ord. No. 24-20]
(a) 
The protection permit is granted; or
(b) 
The project permit is granted subject to prescribed conditions attached to such notice.
(2) 
The DPW Superintendent shall render a decision on a project permit application and furnish the required notices within 30 calendar days following submission of a completed application.
(3) 
Failure of the DPW Superintendent to render a decision within the thirty-day period, or within any extension of time granted by the applicant, shall constitute and have the same effect as an approval of the application.
(4) 
Any proposed change in the approved project shall be submitted to the DPW Superintendent and referred to the Shade Tree Advisory Committee for its review and recommendation. The DPW Superintendent's determination concerning the approval of the amended project shall be determined in the same manner as an original application for a protection permit.
(5) 
The applicant shall maintain a copy of the approved protection permit at the project location. A copy of the protection permit shall be available for inspection by the DPW Superintendent and a representative of the Shade Tree Advisory Committee.
(6) 
Cash landscape bonds must be submitted and posted prior to the start of the project. It shall be the responsibility of the permit holder to make the cash deposit.
(7) 
Appeals.
(a) 
The valuation determinations and decisions of the DPW Superintendent shall be reviewable on written appeal to the Mayor and Council. Said appeal shall be filed within 21 days' of written notice of the decision of the DPW Superintendent. The appeal before the Mayor and Council shall be a de novo hearing in which the DPW Superintendent shall produce testimony supporting the disputed tree valuations or actions.
(b) 
In the event of a dispute concerning the release of a cash landscape bond, said dispute shall be submitted to the Mayor and Council for final resolution and direction.
D. 
Jurisdiction. The protection assessment of regulated trees may be determined based upon the appraisal of a trained forester or licensed tree expert or the DPW Superintendent or designee.
An application for a tree protection permit shall be accompanied by the required fees as set forth below:
A. 
Administration or application fee for the processing of each tree removal permit is $100. Any subsequent application or request shall be subject to the same fee requirement.
[Amended 9-9-2024 by Ord. No. 24-20]
B. 
Escrow deposit where the DPW Superintendent determines that a tree expert is needed for tree evaluation. Expert fees incurred by the DPW Superintendent shall be the responsibility of the applicant.
C. 
All deposits from this section shall be deposited into the Borough's Shade Tree Replacement Fund.