[HISTORY: Adopted by the Mayor and Council
of the Borough of Haddon Heights 5-2-2000 by Ord. No. 1081 (Ch. 98A of the 1975
Code). Amendments noted where applicable.]
The intent of this chapter is to encourage the
protection of the maximum number of healthy trees within the tree
protection zone throughout the Borough, regardless of location. Protection
of the Borough's tree cover mitigates air and water pollution, reduces
energy consumption and preserves the overall quality of life for the
residents of Haddon Heights. The intent is not punitive nor intended
to cause hardship to any individual, private or public company who
has taken reasonable care and diligence to protect the trees within
the Borough of Haddon Heights.
As used herein, the following terms have the
following meanings:
The branches and foliage of a tree; the upper portion of
the tree.
Certified tree expert licensed by the State of New Jersey.
A person registered as a landscape architect by the State
of New Jersey.
A person who has a B.S. degree from a four-year school of
forestry accredited by the Society of American Forests.
Any individual, person, association, company, corporation,
organization or entity of any kind.
Any woody perennial plant usually having one main stem or
truck, a definitely formed crown and growing to a height of 10 feet
or more.
The width of a tree measured 4 1/2 feet above ground.
Any publicly owned or publicly maintained property, sidewalk
portion of the street right-of-way, utility easement or parking area.
Cut, break, climb with spikes, disturb the roots of or otherwise
injure, or spray with herbicides which intend to damage, injure or
kill or otherwise remove any living tree.
Any clearly defined piece of land, upon which no structure
affixed to the land with a roof and intended for shelter, housing
or enclosure has been constructed.
A.
No person, directly or indirectly, shall, without
first obtaining a permit as herein provided, remove or relocate to
another site any tree within a protection zone.
B.
No person shall plant any tree within the street right-of-way
without first receiving an approval by the Shade Tree Commission as
to species and location.
A.
All persons desiring to remove, replace, relocate
or otherwise destroy a tree in the tree protection zone and all applicants
for a building permit, if issued, or in the case of a site plan application
or subdivision application, shall submit a plan to the construction
office before permits are issued or to the Planning or Zoning Board
as part of the site plan or subdivision application shall submit a
plan showing location of all existing trees by species, size and condition,
and:
B.
All applications for tree removal or relocation within
the tree protection zone shall be immediately referred to the Shade
Tree Commission for its recommendation to the approving body or officer
having jurisdiction. Failure on the part of the Shade Tree Commission
to provide a recommendation within 30 days of the filing of the application,
provided that the Shade Tree Commission receives the application at
least 10 days in advance of a regularly scheduled meeting, shall be
deemed a favorable recommendation by default.
All persons shall exercise care to protect trees
from damage during construction without limitation. The following
procedures shall be observed in order to protect remaining trees:
A.
Protection from mechanical injury.
(1)
All trees to be retained within 25 feet of a building
site and lining entry and egress roads, parking areas and utility
easements shall be protected from equipment damage by wrapping the
trunk with sections of snow fence or boards wired together. All exposed
roots, trunks and low hanging branches shall be equally protected.
(2)
Heavy equipment shall be operated where possible so
as not to damage existing tree trunks and roots. Feeder roots shall
not be cut closer than 25 feet from tree trunks.
(3)
The operation of heavy equipment over the tree root
systems shall be eliminated in order to prevent soil compaction.
(4)
Trees shall not be used for roping, cables, signs
or fencing. Nails and spikes shall not be driven into trees.
(5)
Every person having control over wire for transmission
of electric current or fiber optic cables along public highways shall
at all times guard all trees through which or near which wire passes
against injury from wire or from electrical current.
(6)
Every person having control over street and sewer
construction or maintenance shall at all times protect trees, trunks
and root systems from damage as indicated herein.
A.
Where any person finds it impossible to retain existing
tress in the protection zone, or any tree having a diameter of greater
than six inches due to cutting, filling or other construction activity,
the person shall mitigate the loss by replanting one inch of new tree
diameter for every three inches of existing tree diameter removed.
New trees shall have a minimum diameter of 1 1/2 inches. Tree
planting stock shall be selected in accordance with the American Nurserymen's
Association Standards. The Shade Tree Commission shall be consulted
before any trees are planted.
B.
No net loss. If tree loss cannot be mitigated upon
the development site, new trees shall be planted within the Borough
at the recommendation of the Shade Tree Commission to effect a no
net loss of forest cover within the Borough of Haddon Heights.
C.
All planting shall be done in accordance with the
Haddon Heights Shade Tree Commission Guidelines and acceptable arboracultural
practices.
Exceptions from this chapter shall be:
A.
Any emergency circumstance where the Borough Arborist/CTE
determines that the removal of a tree is necessary to protection of
health, safety or property. Such determination is to be in writing
and placed on file with the Shade Tree Commission.
B.
Any tree cut or removed in accordance with a management
plan filed with and approved by the New Jersey State Forester and
Mayor and Council of the Borough of Haddon Heights.
C.
Any tree to be removed near utility lines, provided
that the reason for the tree removal is related to public safety.
D.
Ordinary tree maintenance or trimming where related
to health, safety or property of the Borough or the adjoining land
owner.
A.
Any person who shall violate any provision of this
chapter shall be subject to a penalty of $100 to $2,000, or serve
a period of community service for up to 90 days, or any combination
thereof, for each offense.
[Amended 10-19-2004 by Ord. No. 1181; 6-19-2018 by Ord. No. 1451; 6-16-2020 by Ord. No. 1490]
B.
Upon a finding of guilty for the violation of any
of the provisions in this chapter and in addition to the foregoing
penalty, the violator may be ordered to pay an amount equal to twice
the current value of each tree determined by either an appraisal by
a CTE or qualified professional forester or by a schedule which the
Shade Tree Commission may hereafter adopt in accordance with the provisions
of N.J.S.A. 40:64-12b. Payment shall be made to the custodian of funds
for the Borough of Haddon Heights and shall be used for environmental
programs such as tree planting, maintenance, park development, landscaping
or other comparable projects as recommended by the Shade Tree Commission.
No provision of this chapter shall be construed
to impair any common law or statutory cause of action or legal remedy
therefrom for any violation of this chapter.
