[HISTORY: Adopted by the Mayor and Council
of the Borough of Clementon as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-7-1956 by Ord. No. 56-8]
[Amended 7-13-2004 by Ord. No. 2004-12; 10-19-2021 by Ord. No. 2021-12]
There is hereby created in the Borough of Clementon
a board to be known as the "Clementon Shade Tree Commission," which
shall consist of five regular members and two alternate members, who
are residents of Clementon, to be appointed by the Mayor and to serve
without compensation.
The terms of office of the members of said Commission
shall in first appointment be for one, two and three years, from September
1, next succeeding such appointment. All subsequent appointments,
except to fill vacancies, shall be for the full term of three years,
to take effect on September 1.
The said Commission shall have power to:
A.
Exercise full and exclusive control over the regulation,
planting and care of shade and ornamental trees and shrubbery now
located, or which may hereafter be planted in any public highway,
park or parkway, except county parks or parkways, of the municipality
for which it was created, including the planting, trimming, spraying
care and protection thereof.
B.
Regulate and control the use of the ground surrounding
the same so far as may be necessary for their proper growth, care
and protection.
C.
Move or require the removal of any tree or part thereof
dangerous to public safety, at the expense of the owner of such tree.
D.
Remove any tree or part thereof at the request and
expense of the owner of such tree.
E.
Care for and control such parks and parkways; encourage
arboriculture; make, alter, amend and repeal, in the manner prescribed
for the passage, alteration, amendment and repeal of ordinances by
the governing body of the municipality, any and all ordinances necessary
or proper for carrying out the provisions hereof.
No person, firm or corporation shall do, or
cause to be done, any of the following acts upon a public highway,
public park or other public place within the Borough of Clementon
without the written permit of the Shade Tree Commission:
A.
Cut, trim, break, climb with spike, disturb the roots
of or otherwise injure, or spray with any injurious chemical, or remove
any living tree or shrub, or injure, misuse or remove any structure
or device placed to support or protect such trees or shrubs.
B.
Plant any tree or shrub.
C.
Fasten any rope, wire, electric attachment, sign or
other device to a tree or shrub or to any guard about such tree or
shrub.
D.
Close or obstruct any open space provided about the
base of a tree or shrub to permit the access of air, water or fertilizer
to the roots of such tree or shrub.
E.
Pile any building material or mix any mortar or cement
within six feet of a tree or shrub.
Throughout the period of erection or repairs
of any building or structure, or in the improvement or repairs of
a highway, the owner thereof or the contractor shall place such guards
around all nearby trees on the public highways as shall effectually
prevent injury to such trees.
Every person, firm or corporation having control
over any wire for the transmission of an electric current along a
public highway shall at all times guard all trees through which or
near which such wires pass, against any injury from the wires or from
the electric current carried by it. The device or means used shall
in every case be subject to approval of the Shade Tree Commission.
No person, firm or corporation shall hitch or
fasten any animal to any tree or shrub upon a public highway or to
any guard or support provided for the same, or shall permit any animal
to bite or otherwise injure any such tree or shrub.
No person, firm or corporation shall permit
any brine, gas or injurious liquid or solid matter to come in contact
with the stem or roots of any tree or shrub upon a public highway.
No person, firm or corporation shall prevent,
delay or interfere with any lawful work undertaken hereunder by the
Shade Tree Commission, its agents or employees.
Any person, firm or corporation that shall violate
any provisions of this article shall be liable to a fine of not less
than $5 or more than $100, to be determined by the Municipal Magistrate.
Each 24 hours of continued violation of this article after a complaint
is made shall constitute a separate offense.
This article shall be enforced by proceedings,
process and practice in the same manner as provided by law for the
enforcement of ordinances of the Borough Council of the Borough of
Clementon.
[Adopted 10-23-1989 by Ord. No. 89-18]
This article shall be known as the "Borough
of Clementon Tree Protection Ordinance."
The purpose of this article is to establish
protective regulations for trees within the Borough of Clementon in
order to control problems of flooding, soil erosion, air and noise
pollution; to protect the safety, welfare and health of the citizenry
of the Borough; to promote quality development in the Borough; and
to make the Borough of Clementon a healthier and safer place in which
to live.
The intent of this article is to encourage the
protection of the maximum number of healthy trees within the tree
protection zone and of large specimen trees throughout the Borough,
regardless of location. It is not intended to be punitive nor to cause
undue hardship to any individual or private or public company who
or which has taken reasonable care and diligence to protect the trees
within the Borough of Clementon.
A.
CROWN
LANDSCAPE ARCHITECT
LANDSCAPER
PERMIT
PERSON
QUALIFIED PROFESSIONAL FORESTER
TREE
TREE DIAMETER
TREE DRIPLINE
TREE PROTECTION ZONE
TREE REMOVAL
TREE ROOT AREA
As used herein, the following terms shall have the
meanings indicated:
The branches and foliage of a tree; the upper portion of
a tree.
A person registered as a landscape architect by the State
of New Jersey.
An individual who has been gainfully employed for a period
of at least five years in a position involving the care and planting
of trees.
Any permit, in writing, as issued by a Borough official.
Any individual, person, association, company, corporation
or similar group.
A person has a B.S. degree from a four-year school of forestry
accredited by the Society of American Foresters.
Any wood perennial plant usually having but one main stem
or trunk and a more or less definitely formed crown and which has
the potential, based on its genus and species, to grow to a height
of 10 feet or more.
The width of a tree measured 4 1/2 feet above the ground.
The marking where the outer edge of a tree's branches overhang
the ground.
That portion of a lot not covered by the proposed building
or improvement or within a distance of eight feet around the perimeter
of said building or improvement of the proposed cartway, the sidewalk
portion of a street right-of-way, a utility easement or parking area.
The cutting down of a tree, the transplanting of a tree to
a site other than that under development or the infliction of damage
to a tree which is of such severity as to show evidence within a period
of two years of irreparable harm leading to the ultimate death of
a tree. Examples of said serious damage include but are not limited
to damage inflicted to the root system machinery; storage of materials;
soil compaction; changing the natural grade above or below the root
system or around the trunk; damage inflicted on the tree, permitting
fungus infection or pest infestation; excessive pruning; excessive
thinning; or paving with concrete, asphalt or other impervious material
within such proximity as to be harmful to the tree.
The area under a tree extending from the trunk to the dripline.
B.
For purposes of this article, the singular number
shall include the plural, and the plural number shall include the
singular, unless the context clearly denotes otherwise.
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 tree protection zone or remove any
tree having a diameter of 24 inches or greater, regardless of location.
B.
The provisions of §§ 274-16 and 274-17 shall be applicable only when the property on which the tree(s) is located is in excess of 7,500 square feet and the owner or his designee has submitted an application to the Borough of Clementon Planning Board for subdivision approval or site plan review approval. For the purpose of calculating 7,500 square feet in a subdivision application, the total amount of all lots shall be considered.
C.
There is hereby established a presumption that each and every tree of six inches in diameter or greater located within the tree protection zone shall be preserved at its location on the site. Each such tree located within the tree protection zone may be removed only if the Planning Board finds that the applicant has satisfied the standards set forth in § 274-17D below as to each tree proposed to be removed.
D.
The standards contained herein shall be minimum standards
to be met and maintained. Standards established by other Borough ordinances
or by state and federal rules and regulations shall apply where those
standards are more restrictive than those set forth herein.
A.
At the time of application for preliminary subdivision
and/or site plan approval, the applicant shall submit an application
for proposed tree preservation and removal, along with a plan showing
the location of all existing trees on the subject site having a diameter
of six inches or greater, by species, size and conditions. The plan
shall also show:
(1)
Trees proposed to be removed and trees to be maintained.
(2)
Specifications for removal of existing trees and protection
of existing trees during construction.
(3)
Grade changes or other work adjacent to the tree which
would affect it adversely, with specifications on how the grade, drainage
and aeration will be maintained around the tree.
B.
The Borough Engineer shall review the tree plan and,
if necessary, inspect the site and issue a report to the Planning
Board setting forth his recommendations, which shall be considered
by said Board. All reviews and inspections by the Engineer shall be
paid for by the applicant through the deposit of escrow funds.
C.
The Planning Board shall have authority to approve
or to deny the application and plan as part of the subdivision and/or
site plan review.
D.
The following standards and conditions shall be considered
and reviewed in advance of granting a tree removal permit:
(1)
The necessity to remove trees which pose a safety
hazard to pedestrian or vehicular traffic or threaten to cause disruption
of public services.
(2)
The necessity to remove trees which pose a safety
hazard to building.
(3)
The necessity to remove diseased trees, trees infested
with destructive insects liable to infect the healthy trees on the
subject or adjacent property or trees weakened by age, storm, fire
or other injury.
(4)
The necessity to observe good forestry practices,
i.e., the number of healthy trees that a given parcel of land will
support when documented by a report prepared on behalf of the developer
by a qualified professional forester or a registered landscape architect.
(6)
Other conditions which, in the judgment of the Planning
Board, warrant the removal of the tree.
E.
No building permit shall be issued until the applicant
has obtained approval of its tree preservation and removal application
and plan.
During construction, developers shall exercise
care to protect any retained trees from damage. The following procedures
shall be observed in order to protect retained trees:
A.
Protection from mechanical injury.
(1)
All trees to be retained within 25 feet of a building
site and lining ingress or egress roads, parking areas and utility
easements shall be protected from equipment damage by wrapping the
trunk with a section of snow fence or boards wired together. All exposed
roots, trunks and low hanging branches shall be similarly protected.
Groups of trees may be protected by fencing the entire area where
they are located.
(2)
Heavy equipment operators shall be careful not to
damage existing tree trunks and roots. Feeder roots shall not be cut
closer than 25 feet to tree trunks.
(3)
Tree trunks and exposed roots damaged during construction
shall be protected from further damage by being treated immediately
with tree wound dressing or asphalt-based tree paint.
(4)
Tree limbs damaged during construction shall be sawed
off flush to tree trunks and treated immediately with tree wound dressing
or asphalt-based tree paint.
(5)
The operation of heavy equipment over root systems
shall be minimized in order to prevent soil compaction.
(6)
Deciduous trees shall be given an application of a
slow-release, low-nitrogen, all-purpose fertilizer to aid in their
recovery from possible damage caused by construction operations. Such
application shall be made on the basis of two pounds of fertilizer
for every inch of tree diameter.
(7)
Trees shall not be used for roping, cables, signs
or fencing. Nails and spikes shall not be driven into trees.
(8)
The area around the base of existing trees shall be
left open to provide access for water and nutrients. Therefore, no
impervious cover nor storage of equipment, materials, debris or fill
shall be allowed within the dripline of any existing tree, except
as may be necessary, for a maximum of three months, if no other storage
space is available.
B.
Protection from grade changes.
(1)
Raising the grade. If an increase in the grade of
the land is proposed, the developer shall install either:
(a)
A system of gravel and drain tiles at the old
soil level opening into a dry well built around the trunk and designed
for each tree individually, fitting the contour of the land so that
it drains water away from the tree trunk; or
(b)
A retaining wall between the existing grade
and the higher grade to be constructed a sufficient distance from
the tree so as to adequately protect the roots of the tree.
(3)
If the proposed grade change, in the opinion of the
Borough Engineer, is too excessive to allow for the retention of existing
trees, the developer shall be required to replace the trees to be
removed on a one-to-four basis (one inch of new tree diameter for
every four inches of tree diameter removed).
C.
Protection from excavating. When digging trenches
for utility lines and other similar uses, the developer shall adhere
to the following, listed in the order of their preference:
(1)
If possible, trenches should bypass the root area.
(2)
If this is impossible, trenches should be tunneled
under the trees.
(3)
If trenches must be dug past the side of a tree, the
following precautions shall be observed:
(a)
Trenches shall be no closer to the trunk than
half the distance from the dripline.
(b)
As few roots as possible shall be cut.
(c)
If roots have to be cut, they shall be cut as
cleanly as possible.
(d)
The cut ends shall be painted with a tree wound
dressing or asphalt-based tree paint.
(e)
The trench shall be backfilled as soon as possible,
avoiding soil compaction.
A.
Replacement of trees lost during construction. Where
developers find it impossible to retain existing trees in the tree
protection zone, or any tree with a diameter of 24 inches or greater,
due to cutting, filling or other construction activity, the developer
shall replant one inch of new tree diameter for every four inches
of existing tree diameter removed. New trees shall have a minimum
diameter of two inches measured six inches above the ground. Replanting
shall be done according to the standards specified by the American
Nurserymen's Association. The Borough Engineer shall be consulted
before approval is given to the plan for the replacement trees.
B.
Criteria for selection of trees. When a developer
is required to replace trees that he has removed, the developer shall
replace the trees with the same species that were removed or, with
the Borough Planning Board's approval, choose other tree species from
the list of trees native to the Borough of Clementon. In selecting
replacement trees, the following criteria should be used:
(1)
Species longevity.
(2)
Hardiness (wind firmness, climate requirements and
characteristics of soil to hold the tree).
(3)
Susceptibility to insect and disease attack and to
pollution.
(4)
Aesthetic values (coloration, type of flowers or fruit
and form characteristics).
(5)
Maintenance and care (pruning, etc.).
(6)
Wildlife values.
(7)
Comfort to surroundings (summer shade).
(8)
Existence of disease, rot or other damage to the tree.
(9)
Protection of buildings, vehicles and pedestrians.
(10)
Size at maturity.
(11)
Effect of soil retention and erosion control.
(12)
Value as a noise buffer.
(13)
Undesirable characteristics.
The Zoning Board of Adjustment of the Borough
of Clementon shall have the same powers and authority provided to
the Planning Board herein when such Zoning Board reviews any subdivision
or site plan application pursuant to its exercise of jurisdiction
under N.J.S.A. 40:55D-76 or any amendments thereto.
A.
Any person, firm or corporation that shall violate
any provision of this article shall be subject to one or more of the
following: a penalty not exceeding $1,000 or imprisonment for a term
not exceeding 90 days or community service up to but no greater than
90 days, or a combination of any of the above.
B.
If the violation is continuing in nature, each day
during which it continues shall constitute an additional, separate
and distinct offense.
No provision of this article shall be construed
to impair any common law or statutory course of action or legal remedy
which may be otherwise provided in law or equity for any violation
of this article.
