[HISTORY: Adopted by the Township Council of the Township of Brick 12-5-1972
by Ord. No. 158-72 (Ch. 284 of the 1989 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Parks and recreation areas — See Ch. 318.
[Amended 7-2-1974 by Ord. No. 158-B-74]
For the purpose of this chapter, the terms used herein are defined as
follows;
The Shade Tree Commission of the Township of Brick, County of Ocean
and State of New Jersey, or its agents.
The term "tree" shall include:
Any living deciduous tree having a trunk of a diameter greater than
three inches measured at a point one foot above the ground.
Any living coniferous tree having a trunk of a diameter greater than
four inches measured at a point one foot above the ground.
Any living dogwood (Cornus florida) or American holly (Ilex opaoa) tree
having a trunk of a diameter greater than one inch measured at a point one
foot above the ground.
Any living native laurel (Kalmia latifolia) having a root crown of three
inches or greater measured at the soil or surface level.
The following are exceptions to the above:
Any tree located on a tract of land one acre or less in size on which
a single-family dwelling presently exists.
[Amended 3-9-1999 by Ord. No. 158-E-99]
Any tree growing on land actually being used as an approved sanitary
landfill or surface mining operation.
Any tree growing on land actually being used as a nursery, garden center
or orchard.
Any tree growing on the proposed pavement area of a public right-of-way
as shown on an approved final subdivision map.
Any tree cut or removed in accordance with a management plan developed
by the New Jersey Department of Environmental Protection, Bureau of Farm Service,
and filed with the Shade Tree Commission.
[Amended 5-15-1973 by Ord. No. 158-A-73; 3-9-1999
by Ord. No. 158-E-99; 11-30-1999 by Ord.
No. 158-F-99]
No person, persons, firm or corporation or individual connected with
such firm or corporation shall so do or cause to be done by others any of
the following acts to any tree in the Township of Brick without a prior permit
from the Shade Tree Commission or the Brick Township Department of Engineering.
A.
Remove, destroy, cut or kill any tree, or portion of
a tree.
B.
Fasten any rope, wire, sign or other device. Nothing
herein shall prevent any governmental agency from affixing, in a manner approved
by the Shade Tree Commission, a public notice upon a tree in connection with
the administration of governmental affairs.
C.
Cut, prune, climb with spikes, break or damage any tree
located on public property.
D.
Cut, disturb or in any way interfere with any root or
root system with respect to any tree located on public property.
E.
Spray with any chemical any tree.
F.
Remove or damage any cord or device placed to protect
any tree or shrub.
G.
Place or distribute chemicals deleterious to tree health,
including but not limited to salt, on any tree.
H.
Raise or lower the grade surrounding a tree more than
six inches within a radius equal to that of the crown of the tree.
[Amended 7-2-1974 by Ord. No. 158-B-74]
A.
Application for a permit shall be made to the Construction
Official of the Township of Brick. The application shall contain the following
information:
[Amended 3-14-1989 by Ord. No. 666-89]
(1)
The name and address of the applicant.
(2)
A written description and site plan of the property in
question, including all buildings and other man-made features, both existing
and proposed, and the location of all existing trees showing proposed additions
and deletions. For a major subdivision, an engineer's
plot plan showing the above will be required.
(3)
Any other information which may be reasonably required
to enable the application to be properly evaluated.
B.
Any application not decided within 35 days from the date
of the filing of the application shall be deemed approved.
C.
No building permit shall be issued until the tree removal
application has been acted upon or deemed unnecessary.
[Amended 5-15-1973 by Ord. No. 158-A-73; 2-18-1975
by Ord. No. 158-C-75; 3-9-1999 by Ord.
No. 158-E-99]
A.
The application shall be reviewed by the Brick Township
Department of Engineering, or at the election of the Brick Township Department
of Engineering, be forwarded to the Shade Tree Commission for its review.
B.
The reviewing authority will visit and inspect the premises
in question.
C.
A permit may be issued by the reviewing authority when
a determination has been made that the remaining trees not included in the
application equal one tree to 2,000 square feet or more or if the reviewing
authority ascertains that all trees in question are located on or within 15
feet of an area which is to be used for a building, driveway, recreation area,
roadway, drainage right-of-way or utility easement, provided that the applicant
has obtained all utility easements, and provided that the applicant has obtained
all necessary municipal approvals with respect to such structure.
D.
With respect to all other applications, the reviewing
authority shall not grant a permit unless it finds that one or more of the
following conditions exists:
[Added 5-20-1975 by Ord. No. 158-D-75]
A.
Prior to the issuance of a permit pursuant to this chapter,
the applicant shall file with the Township Clerk a performance guaranty in
the form of a cash bond or surety in an amount of 100% of the estimated cost
of replacing trees of a similar nature and of a nursery stock in the event
that the construction or improvement of the land has not been completed within
one year of the date of the permit.
B.
The amount of such guaranty shall be determined by the
Municipal Engineer, and all moneys received shall be placed in an interest-bearing
account Upon the satisfactory completion of the improvements, all moneys shall
be returned to the applicant, except that the Township may keep an amount
necessary to compensate the Township for any charges incurred as a result
of the acceptance and retention of the bond, but such sum should not be in
a sum greater than 1% of the amount of money posted.
C.
In the event the Township Engineer determines that construction
or improvement of the property has not been completed within one year of the
date of the permit, the Township may obtain the proceeds of the performance
guaranty and apply the proceeds to the purchase and planting of trees on public
or private property anywhere within the Township of Brick.
[Added 11-30-1999 by Ord. No. 158-F-99]
Whenever practical, an applicant whose tree removal permit has been
granted may donate the tree to the Brick Township Tree Bank which is hereby
established. These trees shall then be used by the Shade Tree Commission and/or
property owner, who will be charged a nominal fee for each tree desired.
[Amended 5-15-1973 by Ord. No. 158-A-73; 3-9-1999
by Ord. No. 158-E-99]
Each applicant shall submit an application fee as follows:
A.
For each tree located on individual building lots of
less than one acre: $5 but not to exceed $25. The Brick Township Department
of Engineering may waive the provisions of the fee application for individual
building lots when the Brick Township Department of Engineering has determined
that the applicant has shown an existing hardship with respect to the application
fee. In no event shall a waiver of fees exceed $25.
B.
For all other lands: $25 per acre.
[Amended 7-2-1974 by Ord. No. 158-B-74; 3-14-1989
by Ord. No. 666-89; 3-9-1999 by Ord.
No. 158-E-99]
Any person, persons, corporation, firm partnership or other, violating or causing to be violated any of the provisions of this chapter, shall, upon conviction, be subject to the penalties as provided in Chapter 1, § 1-15, General penalty. Each day any violation shall continue shall constitute a separate offense. Each tree removed, destroyed, killed or damaged shall constitute a separate offense. Enforcement of the provisions of this chapter shall be the responsibility of Code Enforcement.
