[HISTORY: Adopted by the Mayor and Council of the Borough of Closter 8-25-1999 by Ord. No. 1999:790; amended in its entirety 11-19-2007 by Ord. No. 2007-1000. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Environmental Commission — See Ch. 16.
Land use procedures — See Ch. 35.
Department of Public Works — See Ch. 52.
Shade Tree Commission — See Ch. 59.
Soil movement — See Ch. 167.
Stormwater control — See Ch. 170A.
Subdivision of land and site plan review — See Ch. 173.
[Amended 6-22-2011 by Ord. No. 2011:1094]
The Borough Council of the Borough of Closter finds that the preservation, protection and planting of trees aid in the stabilization of soil by the prevention of erosion and sedimentation; reduce stormwater runoff and the potential damage it may create; aid in the removal of pollutants from the air and assist in the generation of oxygen; provide a buffer and screen against noise and pollution; help to decrease the amount and rate of stormwater runoff and to replenish groundwater supplies; act to moderate extremes of temperature and to provide shade; aid in the control of drainage and restoration of denuded soil subsequent to construction or grading; provide a haven for birds and other wildlife and otherwise enhance the environment; protect and increase property values; conserve and enhance the Borough's physical and aesthetic appearance; and generally protect the public health and safety as well as the general welfare. Therefore, it is the intent of the Borough of Closter to maintain as much tree cover as possible through this chapter. Moreover, the Borough intends through the implementation of this chapter to achieve an outcome that balances the protection of trees with respect for individual property rights.
The following definitions shall apply to this chapter:
ACCESSORY BUILDING
As defined in Chapter 200, Zoning, of the Borough Code.
BUFFER AREA
The area along the side yard or rear yard of any lot within three feet of the property line.
CALIPER
The diameter of the tree measured at a point 4 1/2 feet above the ground, also known as "diameter breast height (DBH)."
CLEAR-CUTTING
For the purposes of this chapter, "clear-cut" and/or "clear-cutting" means the removal of 50% or more of the trees on the site/lot. Trees over six inches caliper (DBH) to be considered; dead and hazardous trees are not included.
CODE ENFORCEMENT OFFICIAL - TREES
Person(s) with recognized expertise (i.e., who are certified tree specialists or persons who have equivalent level of education and/or experience) in the identification and classification of trees who is/are appointed by the Mayor and Council to this position at the annual reorganization meeting each year. In no case shall this person be involved in or associated with the business of the removal of trees in the Borough of Closter during his or her term of appointment.
[Added 6-22-2011 by Ord. No. 2011:1094]
DIAMETER BREAST HEIGHT (DBH)
The diameter of the trunk measured at a point 4 1/2 feet from the ground. If the tree is growing on a slope, the measurement shall be taken from the uphill side of the slope. If the tree has a branch or an abnormal swelling at 4.5 feet, the measurement should be taken at a point below the intrusion where the trunk returns to normal size. Any diameter measurement that is not taken at 4.5 feet should include the actual height where it was measured.
DRIPLINE
An imaginary line on the ground beneath a tree, the location determined by extending a vertical line from the outermost branches of a tree to the ground.
LANDMARK TREE
Any tree designated and identified as such by the Mayor and Council of the Borough of Closter pursuant to the standards set forth herein. (See § 181-10 entitled "Designation and protection of landmark trees" in this chapter.)
PERSON
The owner of a parcel of real estate or any other individual, tree removal contractor and/or landscaper, group, lessor, company, firm, corporation, partnership, association, society or other legal entity.
[Amended 11-22-2021 by Ord. No. 2021:1284]
PRINCIPAL BUILDING
The main building constructed for occupancy or use on the property.
QUALIFIED TREE SPECIALIST
Person(s) with recognized expertise (i.e., who are certified tree specialists or persons who have an equivalent level of education and/or experience) in the identification and classification of trees who is (are) appointed by the Mayor and Council to this position at the annual reorganization meeting each year. In no case shall this person be involved in or associated with the business of the removal of trees in the Borough of Closter during his or her term of appointment.
SPECIES
For the purposes of this chapter, the common name of the tree.
STRUCTURE
A combination of materials forming a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.
TREE
Any living, woody perennial and its root system.
TREE REMOVAL
Shall include, but not be limited to, damage inflicted to the root system by machinery, storage of materials and soil compaction, change of natural grade above or below the root system or around the trunk; damage inflicted on the tree permitting fungus, pests or other infestation; excessive pruning or thinning leading to a failure to thrive; paving over the root system with any impervious materials within such proximity as to be fatal or injurious to the tree; or application of any toxic substance.
[Amended 6-22-2011 by Ord. No. 2011:1094]
A permit is required for the removal of any tree with a DBH greater than six inches. This permit is in addition to any other approvals required pursuant to Municipal Land Use Law,[1] if the tree removal is taking place in conjunction with construction.
A. 
No person shall cut down or remove any tree of a caliper of six inches or greater measured at a height of 4 1/2 feet DBH above the ground or engage in any site clearing without a tree removal permit.
B. 
No person shall remove any tree of a caliper of six inches or greater DBH for the construction or contemplated construction of any building, building addition, driveway, recreation area, patio or anything else for which a construction or zoning permit is required unless a tree removal permit has been obtained from the Borough.
C. 
No person shall remove any tree designated as a "landmark tree" pursuant to the standards set forth herein without the prior approval of the Mayor and Council of the Borough of Closter.
D. 
Prior to the removal of any tree of a caliper of six inches or greater DBH that is located within the buffer area as defined herein, the property owner or any other person must first obtain a tree removal permit from the Borough and satisfy the tree mitigation requirements contained herein.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A. 
An application must be filed with the construction offices. If any applicant will be within 24 months seeking a major soil moving permit, demolition permit, minor subdivision approval, major subdivision approval or site plan approval, he/she shall file, together with any and all applications and plans as may be required by the land use ordinances of the Borough of Closter, an application for tree removal permit of regulated trees as set forth in Subsection B below. The application shall be reviewed pursuant to § 181-6. The Code Enforcement Official - Trees shall provide to the Zoning Board or Planning Board (whichever Board is hearing the application) his/her recommendation with regard to the application, including mitigation requirements. In the event the Code Enforcement Official - Trees does not provide said recommendations within 31 days from receipt of the completed tree removal application, the Board shall proceed with its decision without said recommendations. The Zoning Board and Planning Board hereby reserve the right to consult with the Environmental Commission, Closter DPW, the Code Enforcement Official - Trees, Borough Engineer, or any professional as provided by MLUA, for guidance in considering land use, development, tree removal, soil movement or excavation procedures in connection with said application.
[Amended 6-22-2011 by Ord. No. 2011:1094; 12-11-2019 by Ord. No. 2019:1266]
B. 
Application for a tree removal permit for site clearing or other tree removal purposes shall be made by submission of the following to the Construction Official:
[Amended 12-11-2019 by Ord. No. 2019:1266]
(1) 
An original and two copies of an application on forms provided by the Borough containing the following information: name and address of the applicant; the street address and tax lot and block of the property in question; the number of trees to be removed; name and phone number of the person having express charge, supervision, and/or control of the proposed removal of trees; a copy of the tree company's New Jersey tree care operator license; and such other information as may be required.
(2) 
An original and two copies of a tree removal plan consisting of a map drawn to scale showing the location of all trees on the property of a caliper of six inches or greater and the location of all trees to be removed, the species of such trees, and their caliper. The tree removal plan must be prepared, signed and sealed by a licensed professional engineer or land surveyor and must show the location of all existing and proposed structures on the property, together with the distance, up to 15 feet, that trees proposed to be removed and located from such structures and from property lines.
(3) 
An original and two copies of a tree mitigation plan, if mitigation is required pursuant to § 181-6, consisting of a written statement of plans for the proposed replanting of trees and required herein, and a map drawn to scale showing the location of all trees to be planted, the quantity, species of such tree(s) and their caliper or size as required.
(4) 
An original and two copies of a separate list of the trees to be removed identifying each tree in coordination with tree removal plan by species and caliper and stating the condition of each tree as "dead," "poor," or "good" and further explaining why removal is felt justified under the standards of this chapter.
(5) 
The applicant shall place a one-inch-wide red ribbon around the trunk of each tree to be removed at a height of 4 1/2 feet DBH above the ground so that the proposed tree removal may be inspected in the field.
C. 
Application for a tree removal permit for building construction purposes pursuant to § 181-3B hereinabove shall be made by submission of the following:
(1) 
An application on forms provided by the Borough containing the following information: name and address of the applicant; the street address and tax lot and block of the property in question; the number of trees to be removed; and such other information as may be required.
(2) 
A plan consisting of a map drawn to scale showing the location of all trees on the property of a caliper of six inches or greater and the location of all trees to be removed, the species and caliper of such trees, and the reason for removing each tree. The plan must show the location building, building addition, foundation, driveway, recreation area or any site condition that warrants the proposed tree removal.
(3) 
The applicant shall place a one-inch wide-ribbon around the trunk of each tree to be removed at a height of 4 1/2 feet DBH above the ground so that the proposed tree removal may be inspected in the field.
D. 
Application for a tree removal permit for purposes pursuant to § 181-3D hereinabove shall be made by submission of the following:
(1) 
An application on forms provided by the Borough containing the following information: name and address of the applicant; the street address and tax lot and block of the property in question; the number of trees to be removed; and such other information as may be required.
(2) 
A plan consisting of a map drawn to scale showing the location of all trees on the property of a caliper of six inches or greater and the location of all trees to be removed, the species and caliper of such trees, and the reason for removing each tree. The plan must show the location building, building addition, foundation, driveway, recreation area or any site condition that warrants the proposed tree removal.
(3) 
The applicant shall place a one-inch-wide red ribbon around the trunk of each tree to be removed at a height of 4 1/2 feet DBH above the ground so that the proposed tree removal may be inspected in the field.
E. 
A cash performance bond shall be posted with each application for any permit application that seeks the removal of more than three regulated trees within a two-year period of time, to be determined by the Borough's licensed tree expert, to provide for restitution in the event that the trees are improperly removed or improperly replaced.
[Added 12-11-2019 by Ord. No. 2019:1266]
F. 
Notice to property owners. For any proposed tree removal of more than three regulated trees within any two-year period, the applicant shall:
[Added 12-11-2019 by Ord. No. 2019:1266]
(1) 
Provide written notice of the proposed tree removal to all adjacent property owners; and
[Amended 5-11-2022 by Ord. No. 2022:1296]
(2) 
Submit written evidence of such notice to the Borough at the time of the application for the tree removal permit.
G. 
Review of certain applications by the Borough Engineer. Any application seeking the removal of four or more regulated trees within a two-year period shall be reviewed at the applicant's expense by the Borough Engineer to ensure erosion and sediment guidelines have been satisfied.
[Added 12-11-2019 by Ord. No. 2019:1266; amended 5-11-2022 by Ord. No. 2022:1294]
H. 
The Borough shall make its determination regarding a tree application within 30 days following the submission of a completed application. Failure to make a determination within such thirty-day period, or without any extension of time agreed to by the applicant, shall constitute and have the same effect as a denial.
[Added 12-11-2019 by Ord. No. 2019:1266]
[Amended 6-22-2011 by Ord. No. 2011:1094]
A. 
The fee for a tree removal permit shall be as set forth in Chapter A301, Fees and Deposits. Fees are required for more than two trees of six inches DBH or greater removed within a twenty-four-month period. The twenty-four-month period begins from the date the permit is issued.
B. 
Notwithstanding the fee schedule, no permit fee shall be required for the removal of a dead or hazardous tree, provided that the applicant and/or property owner satisfies all of the other requirements of this chapter.
The following standards for review of applications shall apply:
A. 
Permitted removal. No tree shall be permitted to be removed unless the tree is:
(1) 
Located within the building footprint of a proposed principal building. Mitigation is required.
[Amended 12-11-2019 by Ord. No. 2019:1266]
(2) 
Located between the curblines of a proposed roadway approved pursuant to the Land Use Procedures or Subdivision of Land and Site Plan Review Ordinances of the Borough of Closter.[1] No mitigation is required.
[1]
Editor's Note: See Ch. 35, Land Use Procedures, and Ch. 173, Subdivision of Land and Site Plan Review, respectively.
(3) 
Located within the proposed roadway right-of-way but outside the curbline of a proposed roadway approved pursuant to the Land Use Procedures or Subdivision of Land and Site Plan Review Ordinances of the Borough of Closter. However, see § 181-6D(8); an applicant must plant trees or pay mitigation in lieu of planting.
(4) 
Dead or poses a safety hazard. See § 181-6D(4), which explains the circumstance under which mitigation is not required for removal of such trees.
(5) 
Located within 15 feet of any building. Mitigation is required.
(6) 
Located within the area of the proposed driveway, walkway, utility line, accessory building, or any other structure. Mitigation is required.
(7) 
Specifically permitted to be removed in a site plan approved pursuant to the Municipal Land Use Law.[2] Mitigation is required.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B. 
Conflict with other laws. Notwithstanding anything in this section to the contrary, no tree removal shall be permitted where prohibited by the Zoning Ordinance[3] or any other municipal, state, or federal statute, ordinance or regulation.
[3]
Editor's Note: See Ch. 200, Zoning.
C. 
Hardship appeal. In the event that an applicant believes the standards set forth in Subsections A and B above constitute a hardship which prohibits a reasonable use of all or substantially all of the property in question, an applicant may seek relief from the Mayor and Borough Council. In the event that such relief is sought, the applicant shall submit a letter to the Mayor and Council stating the factual basis and reasons for the appeal. The Mayor and Borough Council, upon submission of the letter to the Borough Clerk, shall schedule a public hearing in connection with the requested relief. At the hearing, the applicant may present witnesses under oath, and any other interested parties may do the same. All witnesses shall be subject to cross-examination. The decision of the Mayor and Borough Council shall be binding upon the municipal official in charge of enforcement and administration of this section.
D. 
Mitigation. The Code Enforcement Official - Trees shall have the authority to determine and approve, modify, or deny the mitigation plan. In reviewing the applicant's proposed mitigation plan, the Code Enforcement Official - Trees shall endeavor to maintain the canopy of the site when the trees proposed to be planted reach their natural height. When feasible, deciduous trees shall be replaced with deciduous trees and evergreen trees shall be replaced with evergreen trees. Mitigation for tree removal shall be required as follows:
[Amended 6-22-2011 by Ord. No. 2011:1094; 12-11-2019 by Ord. No. 2019:1266; 10-11-2023 by Ord. No. 2023:1325]
(1) 
Mitigation shall consist of planting trees with a minimum caliper (DBH) of 2 1/2 inches or a sum of money equal to the approximate cost of such planting [see § 181-6D(5)(c)] or a combination of both. Mitigation shall require the applicant to provide a two-year survival guarantee for all replacement tree(s), after the completion of any project or planting. During the guarantee period, any dead or dying replacement tree(s) shall be replaced by the applicant within six months. Mitigation shall be decided upon prior to removal of any trees, and the trees proposed to be planted are to be done in consultation with the Borough's Code Enforcement Official - Trees. In reviewing the mitigation plans submitted by the applicant, the Code Enforcement Official - Trees is to approve trees that will be allowed to grow to their natural height at maturity rather than being kept artificially small.
(2) 
The species allowed to be planted as part of an approved mitigation plan shall be set by resolution of the Shade Tree Commission and readily available on Closter's website. The version on the website shall be the official list of allowed species.
(3) 
Mitigation shall be required in the event of tree removal pursuant to § 181-6A(3), (5), (6) and (7).
(4) 
In the event of tree removal pursuant to § 181-6A(4), no mitigation shall be required if the tree has been planted for a least five years; there has been no damage to the tree by construction or otherwise by any person; and there has been no soil moving within 15 feet of such tree within five years; otherwise, mitigation shall be required pursuant to § 181-6D.
(5) 
For each tree for which mitigation is required, the following shall apply:
(a) 
For each tree removed pursuant to the standards of this section, the applicant shall plant on the property in question:
Caliper of Tree Removed*
(inches)
Number Required for Mitigation
Less than 6
No mitigation required
6 to no more than 15
1 for each removed
15 to less than 25
2 for each removed
25 and greater
3 for each removed
NOTE:
*
No mitigation is required for the first two trees; limit: two trees in a twenty-four-month period. The twenty-four-month time period begins from the date the tree removal permit is issued.
(b) 
The caliper of trees with multiple trunks shall be calculated by multiplying the caliper of the larger trunk by 1.5 times.
(c) 
In the event the applicant asserts the planting of trees on the property in question would be inappropriate and the official in charge of enforcement and administration of this section agrees, the applicant may, in lieu of planting trees, provide to the municipality a sum of money equal to the approximate cost of such tree planting. The total amount shall be determined by the Code Enforcement Official - Trees, based on the market value and planting costs of the trees to be planted. Funds collected pursuant to this section shall be deposited in the Borough's Shade Tree Fund for use by the Borough's Shade Tree Commission to plant and maintain trees elsewhere in the Borough. In no event shall the sum of such monetary contribution be less than $700 per required replacement.
(6) 
In the event that tree removal occurs in an area other than permitted in Subsection A this section, mitigation shall be required at a rate two times the number of trees required pursuant to Subsection D(5)(a) hereinabove.
(7) 
In the event that it is unknown how many trees were removed from any given site and removal took place without a tree removal permit issued pursuant to this chapter, the number of trees requiring mitigation shall be computed by assuming trees over six inches in caliper existed 30 feet on center and plotting the maximum number of those trees as circles of a fifteen-foot radius without having the circles overlap or extend beyond the property lines or driplines of existing trees.
(8) 
In connection with tree removal pursuant to Subsection A(3) of this section, it shall be required that the applicant plant trees on center a minimum distance of 30 feet as street trees between the curbline and the edge of the right-of-way in a location determined by the municipal official administering this section or beyond if agreed to by the homeowner.
(9) 
Mitigation in any instance is not to be considered a penalty, rather an implementation of the purposes of this section. Mitigation shall not be a substitute for, but shall be in addition to, any penalty imposed for violation of the provisions of this section.
(10) 
Upon the approval of the Mayor and Council, the mitigation requirements pursuant to this subsection may be satisfied by the applicant by donating the tree to be removed to the Borough of Closter to be planted elsewhere in the Borough of Closter at the expense of the applicant. The qualified tree specialist shall inspect any such trees and submit a recommendation to the Mayor and Council as to whether to accept such donation.
E. 
If granted, the applicant shall maintain a copy of the approved permit at the project location which shall be prominently displayed and available for inspection.
[Added 12-11-2019 by Ord. No. 2019:1266]
A. 
In connection with any construction, subsequent to tree clearing but prior to the issuance of a building permit or start of construction, snow fencing, or other protective barrier acceptable to the municipal official charged with the enforcement and administration of this section, shall be placed around trees that are not to be removed. The protection barriers shall be placed at a distance of at least 10 feet from the trunk of any tree or the tree dripline, whichever distance shall be greater, and shall remain in place until all construction activity on the property has terminated. No equipment, chemicals, soil deposits or construction materials shall be placed within any area so protected by barriers. Any landscaping activities subsequent to the removal of the barriers shall be accomplished with light machinery or hand labor.
B. 
No person shall:
(1) 
Cut down or remove any tree except as permitted by this chapter or allow or cause such cutting or removal.
(2) 
Cause or allow any willful damage, injury or disfigurement of any tree growing within the property in question. For purposes of this chapter, the actions of any person shall be deemed willful if the damage, injury or disfigurement of any tree is caused as the result, but not limited to the following: cutting, gashing or slitting on any tree; the pouring of any liquid or other material on any tree or on the nearby ground; the construction or placement of any nonporous material on the ground around any tree so as to cut off air, light or water from the roots; or placement or removal of any soil within 10 feet of any tree.
(3) 
Store or pile building materials or debris or place construction equipment within 10 feet of any tree or within the protected zone 10 feet beyond the dripline, whichever is greater. The Code Enforcement Official - Trees or other member of the Construction Office may use his or her discretion in determining violations pursuant to this subsection.
[Amended 6-22-2011 by Ord. No. 2011:1094]
C. 
In the event that any tree to be saved in connection with construction as set forth above or any tree planted in mitigation shall die within two years after planting, it shall be replaced by the applicant or the property owners within six months.
[Amended 6-22-2011 by Ord. No. 2011:1094[1]]
A. 
As a precondition to the issuance of a permit where mitigation is required, the applicant shall post a cash bond with the Borough Treasurer to assure mitigation in an amount equal to the amount determined by the Code Enforcement Official - Trees as set forth in § 181-6D(5) for each tree to be planted. At the end of the third fiscal year following the fiscal year in which the bond was posted and upon the satisfactory completion of the required mitigation, the Borough shall return the cash bond to the applicant. The cash bond shall be retained by the Borough for this period to assure survival of the tree or trees planted by the applicant in satisfaction of the mitigation requirements. Said bond shall be returned upon the recommendation of the Code Enforcement Official - Trees and the approval of the Mayor and Council.
B. 
The applicant shall contact the Code Enforcement Official - Trees within seven business days of the completion of the planting of the trees required for mitigation to schedule a date and time for an inspection in order for the Borough to determine whether the required mitigation has been completed satisfactorily.
C. 
Notwithstanding the above, the applicant and/or property owner shall forfeit the cash bond amount if the applicant and/or property owner fails to complete the planting of the trees within the time of completion set forth in § 181-8. Prior to the forfeiture of any cash bond monies, the Code Enforcement Official - Trees shall cause a written notice to be served upon the applicant and/or property owner who posted the cash bond. Service of the notice shall be made in person or by certified mail, return receipt requested. Upon service of any notice pursuant to this subsection, the applicant and/or property owner shall have 10 days, or such further time as the Mayor and Council shall agree, in writing, to plant the trees that have not been planted, or the applicant and/or property owner shall forfeit any cash bond amounts posted by the applicant and/or property owner. Any monies forfeited by the applicant and/or property owner shall be deposited in the Borough's Shade Tree Fund for use by the Shade Tree Commission to plant trees elsewhere in the municipality.
D. 
As an additional precondition to the issuance of a permit, the applicant shall post a cash bond in the equivalent of $1,500 for each street tree present on the property that is not otherwise covered by mitigation. At the end of the third calendar year from the date of the issuance of the final certificate of occupancy (i.e., the bond can be held for up to two years and 11 months) and upon certification by the Code Enforcement Official - Trees that the trees continue to be in good health, the Borough shall return the cash bond to the applicant. The cash bond shall be retained by the Borough for this period to assure the survival of the tree(s) and recover the cost of removal and replacement of the trees for taxpayers should the tree(s) not survive.
[1]
Editor's Note: This ordinance also provided for the redesignation of former § 181-7 as this § 181-8, the redesignation of former § 181-8 as § 181-9, and the redesignation of former § 181-9 as § 181-7.
The tree(s) required to be planted by the applicant and/or property owner pursuant to § 181-6D(5) shall be planted within six months after the completion of the project for which the permit was issued, the issuance of a certificate of occupancy, or the issuance of a certificate of approval, whichever shall be sooner. The applicant may submit a written request to the Construction Office for an extension of time of up to 60 days. Additional extensions may be granted, upon the written request of the applicant, at the discretion of the Construction Office. Extension requests shall not be unreasonably denied. However, in no event shall the time for completion be extended beyond a total of six additional months.
A. 
Upon the written recommendation of the Environmental Commission and with the written approval of the property owner, the Mayor and Council of the Borough of Closter shall determine whether any tree qualifies as a landmark tree. A tree may qualify as a landmark tree if it meets one or more of the following criteria:
(1) 
The tree species is rare.
(2) 
The tree is of an abnormal height or has an abnormal trunk diameter or dripline for a tree of its species.
(3) 
The location, shade value, fragrance, erosion control, aesthetic features, or scenic enhancement of such tree is of special importance to the Borough of Closter.
(4) 
The tree is a rare ornamental or flowering tree.
B. 
All trees designated as landmark trees by the Mayor and Council shall be memorialized by resolution and shall be shown on an official Borough Map with appropriate code marks signifying each tree's designation, number, species, age, size and other distinguishing characteristics for ready reference and periodic monitoring. The Borough Administrator or his designee shall ensure that each landmark tree is shown on the Borough Map.
C. 
All trees designated as landmark trees by the Mayor and Council shall be memorialized by resolution and shall be shown on an official landmark tree inventory retained by the Borough Administrator.
D. 
If the owner or owners of the property on which a landmark tree is located consents thereto, the Borough may identify such tree as a landmark tree by the placement of a suitable marker thereon.
E. 
If, and when, any landmark tree is removed, the Borough Administrator shall arrange for the necessary changes to be made to the official landmark tree inventory records and Borough Map.
F. 
No person shall cut down or remove any landmark tree, whether such tree is located on public or private property, without first obtaining the approval of the Mayor and Council of the Borough of Closter and a permit issued pursuant to this chapter.
G. 
For each landmark tree removed pursuant to Subsection F hereinabove, mitigation shall be required and the applicant shall plant a tree as defined in this chapter on the property in question at a replacement rate of two trees for each landmark tree removed. In the event the applicant asserts the planting of trees on the property in question would be inappropriate and the Mayor and Council agrees, the applicant may, in lieu of planting trees, provide to the Borough a sum of $500 for each tree required to be planted to be deposited in the Borough's Shade Tree Fund for use by the Shade Tree Commission to plant trees elsewhere in the Borough.
[Amended 8-10-2022 by Ord. No. 2022:1306]
A. 
Any person aggrieved by the decision of the municipal official charged with the administration and enforcement of this chapter shall have the right, within 10 days of the issuance of any decision by such official, to appeal to the Closter Tree Appeal Panel, which shall take action as it deems appropriate in the matter. In the event of such an appeal, the procedures set forth with reference to applications based on hardship contained in § 181-6C shall apply.
B. 
The Tree Appeal Panel consists of the Borough Code Enforcement Official – Trees, the Municipal Code Official and the Borough Administrator.
The following shall be exempt from the requirements of this chapter;
A. 
Trees located on the business-related portions of the properties of commercial nurseries.
B. 
Pruning within the right-of-way by utility companies for maintenance of utility wires or pipelines. The utility company shall notify the Borough Administrator prior to commencing such work at least two weeks prior to the commencement of such work.
C. 
Trees that are deemed to be removed by the governing body of the Borough of Closter or that are on or over a public right-of-way.
D. 
Parklands or other public lands owned by the Borough of Closter.
E. 
Any projects that have received building permits or board approvals prior to the enactment of this chapter.
A. 
Any person, applicant, developer or owner who violates any provision of this chapter shall be liable for a fine not to exceed $1,500 or imprisonment for a term not in excess of 90 days, or both. Each tree is a separate violation.
[Amended 9-10-2014 by Ord. No. 2014:1173]
B. 
In addition to the penalties outlined in the above subsection, the Borough may require a person who removes or otherwise destroys a tree in violation of this chapter to pay a replacement assessment to the municipality. The replacement assessment shall be the value of the tree as determined by the Borough's Code Enforcement Official - Trees. In lieu of an appraisal, the Borough may use the formula based upon the number of square inches contained in a cross section of the trunk of the tree multiplied by a predetermined value per square inch, not to exceed $27 per square inch. The square-inch cross section shall be calculated from the diameter at 4 ½ feet above ground level, and if there is a multiple-stem tree, then each trunk shall be measured and the largest trunk shall be used to determine the fine for the tree. The Borough shall modify the value of the tree based on its species, variety, location and condition at the time of removal or destruction.
[Amended 6-22-2011 by Ord. No. 2011:1094]
If any sentence, section, clause or other portion of this chapter or the application thereof to any person or circumstance shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or repeal the remainder of this chapter. All ordinances or parts thereof inconsistent herewith are hereby repealed to the extent of such inconsistency.