[HISTORY: Adopted by the Mayor and Council
of the Borough of South River 4-10-1996 by Ord. No. 1996-5 (Ch. 190 of the 1977
Code). Amendments noted where applicable.]
A.
It is the intent of this chapter to promote the general
welfare of the people of the Borough of South River by providing for
the protection, regulation, planting and cutting of trees in such
a way as to protect and preserve the environment by controlling the
tree life in the Borough of South River. Shade and ornamental trees
must be protected in this rapidly growing area since they provide
shade and beauty and grace to our Borough. Trees also act as barriers
to surface water flow and soil erosion which, without the proper control,
could become a serious problem in the Borough.
B.
It shall further be the policy of the Borough to improve
and coordinate the plans for the protection, regulation and planting
of trees and forest management with the overall environmental plans
of the Borough in cooperation with the federal and state governments.
C.
It shall further be the policy of the Borough in implementing
this chapter for the protection, regulation, planting and cutting
of trees to foster, promote, create and maintain conditions under
which man and nature can thrive in harmony with each other and achieve
social, economic and technical progress for present and future generations
for the citizens of the Borough of South River.
A.
With an evergrowing population in the Borough of South
River, it is absolutely essential to our citizens to remove pollution
from our air. It takes approximately 20 mature trees to clean the
air of gases produced from vehicular traffic consuming five gallons
of gasoline. Healthy trees greatly assist in this battle against air
pollution since moist tree foliage traps dust and soot particles until
the rain washes them away and they produce oxygen.
B.
Properly planted and nurtured trees are also needed
to create sound barriers to help in the reduction of the noise level
made by vehicular traffic, trains and ultimately the noise which will
be created by air traffic.
C.
Properly maintained trees can also increase property
values and will generally improve the overall aesthetic appearance
of homes, neighborhoods and the community as a whole.
Whenever used in this chapter, unless a different
meaning clearly appears from the context or unless a different meaning
is stated in a definition applicable to only a portion of this chapter,
the following terms shall have the meanings indicated:
The removal, to the extent possible, of the minimum number
of smallest size and undesirable specimens of trees so as to permit
land development while retaining the maximum number of larger and
better specimens of trees.
The removal of all standing trees on a lot or portion of
a lot.
The diameter of a tree measured at a point on the tree 4 1/2
feet from ground level. This phrase may appear in this chapter as
the abbreviation "DBH."
The written information required in this chapter and containing
the proposed methods and procedures to be employed in conjunction
with a tree removal project and tree preservation.
Any individual, firm, copartnership, association, corporation
or developer other than the Borough and public corporation.
One who has a minimum of a bachelor's of science degree in
forestry from a four-year college accredited by the Society of American
Foresters.
The removal on a selected basis while leaving other trees
of various sizes and ages to meet a particular objective.
The management of any forested tract of land to ensure its
continued survival and welfare whether for commercial or noncommercial
purposes.
The forest debris remaining after a tree removal operation.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered "subdivisions"
within the meaning of this chapter if no new streets are created and
no modifications to Borough facilities are involved: divisions of
property by testamentary or intestate provisions; divisions of property
upon court order, including but not limited to judgments of foreclosure;
consolidation of existing lots by deed or other recorded instrument;
and the conveyance of one or more adjoining lots, tracts or parcels
of land owned by the same person or persons and all of which are found
and certified by the administrative officer to conform to the requirements
of the municipal development regulations and are shown and designated
as separate lots, tracts or parcels on the Tax Maps of the Borough.
The term "subdivision" shall also include the term "resubdivision."
The removal of undesirable, competitive, diseased or damaged
trees so as to cultivate and improve the development of remaining
trees on a lot.
The uppermost 20% of a tree constituting its crown.
Any deciduous or coniferous species which reaches a typical
mature height of 10 feet and a typical mature DBH of four inches or
greater. Any species not qualifying as a "tree" under this definition
shall be considered a stem and shall not fall within the purview of
this chapter.
Any person, firm or corporation having control
over any wire for transmission of electric current along a public
street or road shall at all times guard all trees through which or
near which such wires pass against any injury from wires or from electric
current carried by them.
No person, firm or corporation shall permit
any brine, gas or liquid chemical to come in contact with the stem
or roots of any tree or stem upon a public street or road or upon
Borough property which shall cause injury to said tree.
No person, firm or corporation shall hitch or
fasten an animal to any tree or stem upon a public street or road
or to any guard or support provided for the same nor permit an animal
to bite or otherwise injure any such tree or stem.
A.
No person shall do or cause to be done upon trees
in any right-of-way, public street or road within the Borough of South
River any of the following acts:
(1)
Cut, trim, break, move, climb with spikes, disturb
the roots or otherwise intentionally injure, misuse or spray with
harmful chemicals or remove any living tree four inches or more DBH
or remove any device installed to support or protect such trees.
(2)
Plant any tree.
(3)
Fasten any rope, wire, electrical equipment, sign
or other device to a tree or any guard about such a tree or stem.
(4)
Close or obstruct any open space provided at the base
of a tree which open space is necessary to permit the access of air,
water or fertilizer to the roots of such tree.
(5)
Pile, heap or store any building material, soil, debris
or any other matter or make any mortar or cement within a distance
of two feet of a tree.
B.
During the period of construction or repair of any
building or structure or in the construction or repair of a street,
road and highway not yet dedicated to the Borough, the owner thereof
and/or the contractor shall take every precaution to place guards
around all nearby trees on Borough land or within public roads or
rights-of-way so as to effectively prevent injury to such trees. The
owner and/or contractor shall each be responsible for the placement
of such guards or guardrail, and failure to make adequate provision
for the protection of the trees shall subject the owner and builder
to a penalty as hereinafter provided.
[Amended 8-24-2020 by Ord. No. 2020-23]
Where a person desires to control the growth of trees on a public
street or road or right-of-way by removing them or pruning the trees,
then the person shall apply for Borough approval by submitting an
application to the Environmental Commission/Shade Tree Advisory Board
and shall outline the work to be performed. Upon receiving a written
application, the Environmental Commission/Shade Tree Advisory Board
shall review the same and provide the Director of Public Works a written
recommendation for action upon the application. Upon receiving the
application and recommendation of the Environmental Commission/Shade
Tree Advisory Board, the Director of Public Works shall approve or
deny the same.
The following shall be exempt from the requirements
of this chapter:
A.
Commercial nurseries and fruit orchards.
B.
Christmas tree plantations.
C.
Properties devoted to the practice of silviculture.
D.
The proposed cutting of trees on tracts of land one
acre or less in area, provided that no more than 75% of the existing
trees are removed from the lot upon which a single-family dwelling
has been erected or is to be erected, except lots within proposed
major subdivisions.
E.
Removal of trees on private property which are dead,
dying or diseased or trees which have suffered severe damage or any
tree or trees whose angle or growth makes them a hazard to structures
or human life.
F.
Pruning and removal of trees by utility companies
to provide for line clearance of utility wires.
G.
Approved game management practice, as recommended
by the State of New Jersey Department of Environmental Protection,
Division of Fish, Game and Wildlife.
H.
All lots which contain three or fewer trees upon which
a single-family dwelling has been erected or is to be erected, except
lots within proposed major subdivisions.
[Added 4-24-1996 by Ord. No. 1996-11]
A.
Except for the exemptions set forth in this chapter,
no tree shall be cut or otherwise removed from any lands in the Borough
of South River unless a management plan as described in this chapter
has been approved by the Planning Board and a permit based thereon
issued by the Code Enforcement Officer of the Borough of South River.
The application for such a permit shall indicate the name and address
of the owner of the premises, the name and address of the applicant
for the permit, if other than the owner, accompanied by the owner's
consent to said application, and a description by lot and block number
of the premises for which the permit is sought. The form of said application
shall be obtainable from the Code Enforcement Officer. A complete
application for a tree removal permit consists of the following:
B.
If, however, an application which requires a management
plan under this chapter is before the Zoning Board of Adjustment,
the Zoning Board of Adjustment shall retain jurisdiction with respect
to the management plan.
C.
The Planning Board or Zoning Board of Adjustment,
as the case may be, shall act on the application within 45 days of
its receipt or within such additional time as is consented to by the
applicant. The Planning Board or Zoning Board of Adjustment, as the
case may be, may refer the application to the Environmental/Shade
Tree Commission for its report and recommendations. The Planning Board
or Zoning Board of Adjustment, as the case may be, may rely on the
report and recommendations of the Environmental/Shade Tree Commission
in reaching its decision to approve the management plan, disapprove
the management plan or approve the management plan subject to such
conditions as have been recommended by the Environmental/Shade Tree
Commission in accordance with the terms of this chapter. Failure of
the Planning Board or Zoning Board of Adjustment, as the case may
be, to act within 45 days of the date of the application or any extension
thereof shall be deemed to be an approval of the management plan,
and, thereafter, the Code Enforcement Officer of the Borough of South
River shall issue a tree removal permit based thereon.
D.
All action taken by the Planning Board or Zoning Board
of Adjustment, as the case may be, pertaining to a management plan
shall be in the form of a resolution to which the tree removal permit
issued by the Code Enforcement Officer shall refer. Any such tree
removal permit shall be valid for the time proposed by the applicant
to complete the project; provided, however, that no permit shall be
valid for a period of more than five years from the date of approval.
The Planning Board or Zoning Board of Adjustment, as the case may
be, upon showing of good cause by the applicant, my recommend the
extension of any such permit for an additional period of one year,
provided that the applicant submits an updated management plan to
show tree removal activities to date. Further, the Planning Board
or Zoning Board of Adjustment, as the case my be, may require as a
condition of any such extension that the applicant employ current
techniques and procedures incorporated into this chapter since the
date of original approval.
The management plan submitted in conjunction
with a tree removal permit application shall contain the following
information:
A.
A description of the premises upon which tree removal
is to take place by street address and Township Tax Map lot and block
number.
B.
The acreage of the lot upon which tree removal is
to take place.
C.
The location upon the lot where tree removal is to
take place.
D.
A survey of the species size and quantity of trees
which are to be removed. On timber harvesting and/or silviculture
projects involving more than 10 acres, the application may make an
estimate of the total quantity of trees and size of trees to be removed
based on the number upon one typical acre.
E.
Specific proposals for replanting or reforestations,
if applicable.
G.
Location of streams and watercourses.
H.
Location of slopes of greater than 10% where any tree
removal is proposed.
A.
All management plans submitted pursuant to this chapter
dealing with the harvesting of timber and/or silviculture shall be
based upon and be in accordance with the standards and recommendations
of the New Jersey State Bureau of Forestry pertaining to the type
of tree removal project proposed.
B.
All management plans submitted pursuant to this chapter
dealing with the development of land for housing, commercial or industrial
use shall be subject to all the provisions set forth in the management
plan.
All toppings and slash that are generated by
the falling of individual trees shall be removed from the site for
disposal.
A.
There shall be no clear-cutting permitted on slopes
of 10% or greater in grade; however, selective cutting or thinning
is permitted.
B.
There shall be no clear-cutting permitted within major
subdivisions where the existing lots will be on one acre or less,
unless otherwise approved.
C.
Where lots are one acre or less within major subdivisions,
75% of the trees may be removed. However, a management plan is required
for their removal and the 25% that will remain.
Where an owner of real property plans to develop
his property as a subdivision, planned unit development, multiple-residence
development or an undeveloped building lot on which a house is to
be constructed, he shall not remove any live trees until compliance
with this chapter is satisfied and only under the following circumstances:
A.
Any tree protected by this chapter that is seriously
damaged or removed by the developer shall be replaced prior to the
issuance of a certificate of occupancy.
A.
If property is developed as a subdivision, site plan,
planned unit development or multiresidential development which requires
the approval of the South River Planning Board or South River Zoning
Board, then the developer shall be required to submit plans indicating
proposed locations of roads, lots, improvements, existing trees and
size of said trees for review and approval of the appropriate agency.
The proposed plan should indicate trees to be removed and wooded areas
to remain.
B.
The developer shall submit three sets of plans to
the appropriate Board to enable the Engineering Department to make
recommendation to the appropriate Board with regard to the adequacy
of tree preservation.
C.
An application for approval before the Planning Board
or Zoning Board shall require that the developer, as a condition of
such approval, follow the recommendations of the Engineering Department
or follow those recommendations which the Planning Board or Zoning
Board deems advisable under the circumstances. The manner of designating
the trees to be saved shall be left to the discretion of the Board.
At any time after receiving approval, if the developer changes the
road pattern, lot layout or site improvements, then he shall submit
revised tree preservation plans to the Planning Board or Zoning Board.
D.
Prior to the issuance of a building permit by the
Zoning Officer, the developer shall designate on a given lot the trees
to be retained, which designation shall be based upon the proposed
location of the house or building, driveway and other accessory uses
and structures, it being understood that in that area the developer
shall not designate any tree for preservation.[1]
E.
Prior to the issuance of the certificate of occupancy,
the Construction Official shall receive a release from the Borough
Engineer or his designee indicating that all trees designated for
preservation shall, in fact, be in existence. In the event that the
developer has removed any trees designated for preservation without
prior approval, then the developer shall replace the trees with trees
of equal kind to the satisfaction of the Borough Engineer.
F.
Where a person is to build on an individual lot, then
that person shall be required to obtain the approval of the Code Enforcement
Officer as set forth in this chapter.
A.
Where the South River Planning Board or Zoning Board
has given approval to a subdivision or site plan which contains, as
a condition of such approval, a tree management plan, then the developer
shall be responsible for the preservation of designated trees and
the planting of trees as shown on the approval plan. The developer
shall plant one shade tree for every 50 feet of frontage on the proposed
or existing right-of-way. All types and locations of shade trees to
be planted shall be shown in the written recommendations submitted
to the South River Planning Board or Zoning Board and shall be planted
in accordance with the specifications for planting shade trees as
hereinafter provided.
B.
Where by reason of weather, season or other circumstances it is impossible for the developer to plant a tree in accordance with this chapter, a person may deposit in escrow with the Borough Clerk in the amount per tree as provided in Chapter 155, Fees, to cover the cost of purchasing, planting and maintaining the tree for one year. No street shall be accepted for dedication by the Municipal Council until the Borough Engineer notifies the Municipal Council that the developer has complied with this chapter.
Where a building permit has been requested from
the South River Construction Official for the construction of a building
requiring off-street parking for 10 or more vehicles, then the owner
or builder shall be required to plant shade trees around the perimeter
of such parking space in accordance with this chapter. Where the season
or weather prevents such planting, the owner or builder may deposit
with the Clerk of the Borough of South River a sum sufficient to guarantee
the planting of such trees.
A.
Specifications and requirements.
(1)
Trees to be planted along road rights-of-way as a
requirement of subdivision approval shall be approved by the Environmental/Shade
Tree Commission, balled or burlapped and not less than 2 1/2 inches
in caliper, measured one foot above the ball, nor less than 10 feet
high. They must be well branched, the branches to start not less than
six feet from the crown of the root system. The leader branch for
each specimen tree should be intact at time of delivery and planting.
Only trees with a columnar form and habit should be planted in the
downtown area. The following types of trees shall be planted: London
or Oriental plane; red maple; silver linden; European linden; ash;
thornless honey locust; Schwedler's maple; Bradford Callery Pear;
littleleaf linden; and Norway maple.
[Amended 5-24-2010 by Ord. No. 2010-15]
(2)
Trees should start 15 feet from the point of curvature
of the curb, located on the tangent side of the curb, and shall be
approximately 50 feet apart. Trees should be staggered when planted
on opposite sides of the same street. No tree shall be located in
such a manner as to limit the sight distance along the road below
the specified minimum in the highway specifications.
[Amended 5-24-2010 by Ord. No. 2010-15; 10-10-2017 by Ord. No. 2017-23]
(3)
In general, excavation for planting shall be large
enough to accommodate the natural spread of the root system and at
least one foot deeper and two feet wider than the ball of earth supplied
with the tree. The pit shall be rock free and refilled with one part
topsoil, one part clean fill and one part humus and the parent soil
discarded. Hardpan shall be loosened an additional 12 inches from
the bottom and sides of the pit. Trees shall be adequately fertilized
and watered at the time of planting and mulched with three inches
of approved mulch immediately after planting.
(4)
Trees shall be staked and guyed immediately after
planting. Stakes shall be of cedar or oak, eight feet long and no
less than two inches in diameter. Trees shall be guyed to the stakes
using No. 10 wire covered with rubber hose, or its equal. The wire
shall be attached to the stake in such a manner that it will not slip
or come into contact with the tree trunk. The trunk of the tree may
be protected with tree-wrapping paper. Said staking shall remain until
directed by the Borough Engineer or a certified and/or equally qualified
professional.
[Amended 5-24-2010 by Ord. No. 2010-15]
(5)
Removal of debris is required. The property must be
left in a neat and orderly condition in accordance with good and accepted
planting and tree surgery practice.
(6)
Trees shall only be planted from March 15 through
May 15 or between September 15 and November 15 unless specific authorization
of the Borough Engineer or a certified and/or equally qualified professional
shall be given.
[Amended 5-24-2010 by Ord. No. 2010-15]
(7)
Notice must be given to the Borough Engineer or a
certified and/or equally qualified professional 30 days prior to the
start of planting in order that the plants and trees may be inspected
and approved for tree variety, condition, size and quality. All work
shall be subject to the general supervision and approval of the Borough
Engineer.
[Amended 5-24-2010 by Ord. No. 2010-15]
B.
Any tree improperly planted or not meeting these specifications
will be subject to removal. Any tree that does not survive or is in
an unhealthy condition at the end of one year shall be replaced within
60 days following written demand for such replacement or within a
more extended period as may be specified. It shall be the responsibility
of the Borough Engineer to determine if a tree is subject to removal
under the provisions of this chapter.
C.
If a formal request is made by a property owner to remove a shade tree citing damage to a sidewalk as the reason for removal, the property owner must replace the section of the sidewalk damaged or otherwise altered by the tree's removal within one year. All requests and repairs must be made in accordance with South River Borough Code § 22-17, § 289-20 and any other applicable sections enumerated herein.
[Added 10-10-2017 by Ord.
No. 2017-24]
There shall be no fee payable for the processing
or issuance of a tree removal permit.
A.
An applicant may appeal to the South River Borough
Council from a decision of the Planning Board or Zoning Board of Adjustment
denying a tree removal permit or from any other action or requirement
of the Planning Board under the terms of this chapter. Said appeal
shall be made within 30 days of the date upon which notice of denial
or other action of the Planning Board is served upon the applicant.
B.
The Borough Council shall consider the findings of
the Planning Board and the testimony of the applicant and may thereafter
take the following actions:
(1)
Affirm the decision of the Planning Board.
(2)
Overrule the decision of the Planning Board and direct
that a tree removal permit be issued.
(3)
Overrule the decision of the Planning Board denying
the permit but conditioning the issuance of said permit upon the satisfaction
of such conditions as the Borough Council shall impose.
(4)
In special circumstances and upon a showing of good
cause by the applicant, waive a requirement of this chapter where
said waiver will not frustrate the basic intent and purpose of this
chapter.
The Borough Council, through the Code Enforcement
Officer of the Borough, may revoke a permit where there has been a
false or misleading application or there is a noncompliance with the
approval management plan.
Any person who shall violate the provisions of this chapter shall be liable to the penalties provided in Chapter 1, Article I, General Penalty. The Judge before whom any person is convicted of violating any of the above provisions of this chapter shall have the power to impose any fee or term of imprisonment not exceeding the maximum stated herein. Each and every day such a violation continues shall be deemed a separate and distinct offense. In addition to the foregoing, the Borough of South River may institute and maintain a civil action for injunctive relief restraining the continuance of any unlawful tree removal project.
