[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:
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]
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, 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.
[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. No mitigation is required.
(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. Mitigation is required.
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 or any other municipal, state, or federal statute, ordinance
or regulation.
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.
(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]
[Amended 6-22-2011 by Ord. No. 2011:1094]
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.
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.
[Amended 6-22-2011 by Ord. No. 2011:1094]
The provisions set forth in this chapter shall
be administered and enforced by the Code Enforcement Official - Trees,
the Construction Official, and the Code Enforcement Officer, or his/her
designee.
[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.
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.
This chapter shall become effective immediately
upon final passage and publication, as required by law.