[HISTORY: Adopted by the Township Council of the Township of Hillside 10-8-2002.
Amendments noted where applicable.]
GENERAL REFERENCES
Trees and shrubs — See Ch. 283.
The Township Council of the Township of Hillside finds that the indiscriminate,
uncontrolled and excessive destruction or removal of trees within the Township
has caused or contributed to drainage problems, soil erosion or increased
dust and noise pollution and loss of tree species, with the result that there
is and will be a continuing deterioration of conditions affecting the health
or safety or general welfare of the inhabitants of the Township or other municipalities
or the property of any such inhabitants or governmental entities.
The Township Council of the Township of Hillside has established the
following objectives to preserve and protect the environment and general welfare
of the residents of the Township:
A.
Encourage the planting and preservation of mature shade
trees at regular intervals along all streets and roads within the Township;
B.
Encourage proper maintenance of all trees, whether on
private or public property; and
C.
Discourage, reduce and eliminate the indiscriminate,
uncontrolled and excessive destruction or removal of trees to prevent or reduce
drainage problems, soil erosion, increased dust and noise pollution, decreased
carbon dioxide absorption and loss of tree species.
As used herein, the following terms shall have the meanings set forth:
A line connecting the tips of the outermost branches of a tree, projected
vertically onto the ground.
An event or events, disease or condition which has damaged or destroyed
a tree or trees, and the continued presence of such damage or destroyed tree
or trees imminently threatens life or property in proximity thereto.
Any individual, partnership, corporation, governmental agency or
other entity.
A barrier constructed to protect the root system or trunk of a tree
from damage during construction or from equipment or soil or material deposits.
Such a barrier may consist of a snow fence, hay bales, sawhorses or other
similar structures approved by the Public Works Department or Building Department,
and sufficient to protect the root system or trunk of a tree from the aforementioned
damage.
That land dedicated to public use for road purposes or utility easements.
Any living, woody, perennial plant having a circumference greater
than three inches which is 9.5 inches in circumference when measured at a
point of four feet above the ground, except that, as to dogwood, birch or
American hornbill trees, the circumference shall be two inches, which is 6.25
inches in circumference when measured at a point four feet above the ground.
In the event that a tree has more than one trunk at a point of four feet above
the ground, the described measurement shall apply to the largest trunk.
An official of the Township appointed by the Mayor and approved by
the Township Council to administer the provisions hereof and who is qualified
as a forester, person, landscaper, tree surgeon or arborist or similarly qualified
person and who is otherwise acceptable to the Township.
A.
No person shall destroy or remove any tree upon any lands,
including the public right-of-way and easements with the Township of Hillside
until a permit has been secured pursuant to this chapter or the removal is
specifically exempt hereunder.
B.
No building permit for any construction in the Township
involving the destruction or removal of any tree or construction under the
dripline of any tree shall be issued until the tree inspector has issued a
permit hereunder.
C.
To issue a permit hereunder, the tree inspector shall
identify the species involved, review the conditions of the trees, and the
proposed location of the buildings and improvements on the land involved,
in order to save the maximum number of trees; make recommendations for protective
measures, if warranted; note his or her findings, if any, on the building
plans; forward his or her findings to each, the Township Engineer and Building
Inspector of the Township of Hillside, and to the Planning Board, in the case
an application for approval of a subdivision or site plan is pending. Site
plan requires that existing and proposed trees be shown on plans submitted
to the Township.
D.
No person shall remove or cut tree roots within a street,
right-of-way or public area prior to obtaining a permit from Public Works.
Unless such removal or destruction or construction is exempt from the
provisions hereof, any person desiring to remove or destroy any living tree
shall apply to the Tree Inspector for a permit to remove or destroy such tree.
Such application, to be in a form acceptable to the Tree Inspector, shall
identify the land upon which the tree sought to be destroyed or removed is
located; shall indicate, in writing, the names and addresses of the owner
or owners and tenants (if any) and shall identify and locate any tree sought
to be destroyed or removed; and shall submit an appropriate plan which shall
be drawn and in writing a reason for tree removal or destruction, acceptable
to the Tree Inspector, for accomplishing such destruction or removal.
A.
Within seven business days after submission of an application
for a permit hereunder, the Tree Inspector shall review the site and the application
and either grant or deny said permit or shall extend, for an additional seven
business days, the period for review and thereafter grant or deny said permit
pursuant to the findings set forth in the application. If no action is taken
by the Tree Inspector within aforesaid seven business days or the additional
like period for review, the applicant may apply directly to the Shade Tree
Commission who shall render a decision(s) within 10 business days after receipt
of appeal. Failure of the Shade tree Commission to act within the aforesaid
10 business days shall be deemed approval of the application.
B.
The Tree Inspector and/or Fire Department, Police Department
or Public Works Department, in the event of an emergency, will make a determination
whether immediate removal is required. In the event immediate removal is required,
the Township will remove the tree at the homeowner's expense. All costs
will be certified to the Township Council by the inspector or Code Enforcement
Officer and, if found correct by the governing body, shall cause the cost
to be billed as a tax lien against the property owner.
C.
For each and every tree removed from public property
or right-of-way regardless of the reason, a new tree of the same species or
approved equivalent by the Tree Inspector will be planted. The minimum circumference
shall be two inches measured at a point four feet above the ground.
The Tree Inspector and/or Township Council or Shade Tree Commission
shall deny the application when the proposed destruction or removal of tree
will cause or contribute to drainage problems, soil erosion, increased dust,
loss of tree species or a deterioration of conditions affecting the health
or safety or general welfare of the inhabitants of the Township of Hillside
or any other municipality or the property of any such inhabitants or governmental
entity.
Any destruction or removal of trees within the public right-of-way or
a public area shall be exempt from the provisions hereof if the trees sought
to be destroyed or removed are: removed in accordance with a management plan
approved by the Township of Hillside and approved by the Shade Tree Commission
and Tree Inspector or do not fall within the definition of a tree.
No materials, machinery or temporary soil deposits shall be placed within
the dripline area of any tree located on any premises for which a building
permit was issued for construction hereon. In any area where construction
equipment will be used, the builder shall protect the trees by erecting a
protective barrier around the area defined by the dripline, except that when
the dripline extends to within 12 feet of a building or extends over driveways
or recreational areas, the following shall apply:
A.
The position of said protective barrier may be moved
so as to allow a working area of 12 feet from the base of the building.
B.
Materials, machinery or temporary soil deposits may be
placed within 12 feet of the building.
C.
In the proximity of any impermeable surface such as a
driveway, recreational areas and parking areas, and other impermeable surfaces.
D.
Materials, machinery or temporary soil deposits may be
placed within the dripline upon impermeable surfaces.
A.
New trees shall be planted five feet beyond any public
right-of-way.
B.
Any dead or dying tree creating a deleterious appearance
or safety hazard shall be removed by the property within 60 days of such conditions
noted by the Township.
C.
Driplines of trees extending over private or public properties
shall be cut back if requested by adjoining private property owners or the
Township.
D.
Dead tree branches extending over public right-of-way
lines shall be removed upon notification by the adjacent property owner or
Township.
The applicant, at the time of submitting an application, shall pay a
fee of $25 for each tree to be removed or destroyed within the right-of-way.
Fees shall not be charged for emergency removals provided that notice to the
Tree Inspector shall be given in accordance with the subsection requiring
application for a permit; however, when a governmental agency decrees an emergency
removal under Subsection C of Emergency removal,[1] this section shall not apply.
See § 282-6A.
The requirements of this chapter shall be enforced by the Tree Inspector,
who shall inspect or require adequate inspection of the tree removal or destruction
and shall seek penalties as provided in this chapter.
In any prosecution for failure to secure a permit prior to removal,
the following shall apply:
A.
The diameter of the stump of a removed tree shall be
presumed to be the diameter of the removed tree at a point of four feet above
the ground.
B.
If the stump of a removed tree has been removed or destroyed,
it shall be presumed that the tree exceeded the minimum standards requiring
a permit to be secured.
Any person violating or causing to be violated any of the provisions
of this chapter shall be subject to a fine of not more than $1,000 and shall
replace each tree destroyed or removed in violation of this chapter with another
tree of the same species, at least two inches in diameter measured at a point
four feet above the ground. The Township can also impose the fees as noted
under State Law LSB No. 10731. Each tree destroyed or removed in violation
of this chapter shall be considered a separate offense.
