[Adopted by Ord. No. 33-2000 (§ 10-5 of the Revised General Ordinances), as amended
through Ord. No. 24-2002; amended
in its entirety 5-9-2017 by Ord.
No. 2017-004 12-19-2017 by Ord. No. 2017-009]
The Borough Council of the Borough of Spring Lake finds that
the preservation, maintenance, protection and planting of trees aids
in the stabilization of soil by the prevention of erosion and sedimentation;
reduces stormwater runoff and the potential damage it may create;
aids in the removal of pollutants; provides protection against severe
weather; aids in the control of drainage and restoration of denuded
soil subsequent to construction or grading; provides a haven for birds
and other wildlife and otherwise enhances the environment; protects
and increases property values; preserves and enhances the Borough's
physical and aesthetic appearance; and generally protects the public
health and safety, as well as the general welfare. It is also believed
that the use of deciduous street trees along the rights-of-way, as
set forth below, will encourage the development of a shade canopy
of tree branches over the streets within the Borough thus enhancing
the beauty of the area.
The following definitions shall apply to this article:
LICENSED TREE EXPERT
An individual licensed pursuant to N.J.S.A. 45:15C-17 and
appointed by the Mayor and Council for the purpose of assisting with
enforcing the terms of this article.
ORNAMENTAL TREE
A small tree at least six feet or more at mature height (e.g.,
birch, dogwood, Japanese maple, cherry, crabapple, magnolia, Bradford
pear, willow).
RIGHT-OF-WAY
That area between the sidewalk and the curbing along the
street cartways.
STRUCTURE
A combination of materials to form a structure for occupancy,
use or ornamentation installed on a parcel of land.
TREE
A deciduous or evergreen tree with an anticipated mature
height of 20 feet or more (e.g., oaks, maples, London Planes, elms,
spruce, pine, fir, or hemlock).
No person shall cut down or remove any ornamental tree of a
diameter of three inches or more measured at a height of four feet
above the ground, nor any other tree of a diameter of six inches or
more measured at a height of 4 1/2 feet above the ground within
the right-of-way without a tree removal permit. Proper removal of
the tree will include removal of the entire stump.
This article shall be administered and enforced by the Code
Enforcement Officer.
Any person aggrieved by the decision of the official charged with the administration and enforcement of this article shall have the right, within ten days of the issuance of any decision by such official, to appeal to the Planning Board for approval of an alternate plan, and such Board shall take action as it deems necessary in the matter. In the event of such an appeal, the procedures set forth with reference of applications based on hardship contained in §
356-5F of this article shall apply.
Any person who violates any provision of this article shall, upon conviction thereof, be punished as provided in Chapter I, Article
II, General Penalty, and each tree removed or damaged in violation of this article shall be deemed a separate offense.
[Adopted 12-16-2003 by Ord. No. 22-2003; amended 3-23-2004 by Ord. No. 8-2004; 4-20-2004 by Ord. No. 13-2004; amended in entirety 5-9-2017 by Ord. No. 2017-004]
The purpose of this article is to control and regulate the indiscriminate
or excessive removal, large-scale clear-cutting and destruction of
trees and to control, regulate and prevent conditions which cause
an increase in stormwater runoff, sedimentation, soil erosion, loss
of wildlife habitat, air or noise pollution or inhibit aquifer recharge
or impair the ambiance or physical appearance of a neighborhood. The
regulations contained in this article are designed to limit such adverse
impact while not interfering with the right of a Borough property
owner to appropriately remove trees in accordance with the regulations
set forth herein below.
As used in this article, the following terms shall have the
following definitions:
B&B (BALLED AND BURLAPPED)
A method of excavation in which the subject tree is removed
along with soil surrounding its roots and such soil and roots are
wrapped and laced.
EMERGENCY REMOVAL
A removal which is necessitated by any event, whether natural
or man-made, which requires the immediate removal of a regulated tree
because it has been determined that such tree presents an immediate
hazard to the public's safety. Such determination shall be made by
the Code Enforcement Officer or other designee, as authorized by the
Borough Administrator.
LICENSED TREE EXPERT
An individual licensed pursuant to N.J.S.A. 45:15C-17 and
appointed by the Mayor and Council for the purpose of assisting with
enforcing the terms of this article.
[Added 12-19-2017 by Ord.
No. 2017-009]
PERSON
An entity whose existence is recognized by law, including
but not limited to, any individual, partnership, corporation (for-profit,
nonprofit, or municipal and its agencies), firm, association or any
combination of the foregoing.
PROJECT
Any undertaking whatsoever which would involve potential
damage to or which may result in the planned or unplanned removal
of regulated trees.
REMOVAL
Any activity that results in cutting down completely or substantially
eliminating a living regulated tree within the Borough.
REPLACEMENT PLAN
A plan developed in accordance with and conforming to provisions
of this article which as been approved by the Enforcement Officer.
REPLACEMENT TREE
A nursery-grown certified, balled and burlapped tree bearing
a durable label upon which the following data is set forth: genus,
species, variety, watering and fertilization requirements.
SITE PLAN
A plan as defined by Chapter
225, Land Development.
TREE
Any living woody perennial plant having a trunk diameter
of at least four inches measured at 54 inches above the natural ground
level.
VACANT LAND
Land where no principal structure currently exists or where
the principal structure is demolished pursuant to a demolition permit.
[Amended 12-19-2017 by Ord. No. 2017-009]
Upon receiving an application for tree removal the Borough Enforcement
Officer shall issue a permit, if the Enforcement Officer determines
that one or more of the following criteria is met:
A. The tree is located in an area where a principal structure will be
placed according to an approved site plan and the tree cannot be relocated
on the site because of age, type of size of tree.
B. The tree is dead, diseased, injured, in danger of falling, or is
too close to existing or proposed structure(s) thereby creating an
unsafe situation.
C. The applicant elects to make a contribution to the Tree Replacement Fund in accordance with §
356-19, Tree Replacement Fund.
[Amended 12-19-2017 by Ord. No. 2017-009]
Within 10 days of receipt of decision of the Enforcement Officer,
or his/her designee, which denies the approval for the tree removal
or otherwise destruction, the applicant may appeal in writing to the
governing body.
A tree replacement plan shall consist of the following:
A. A site plan, survey or plot plan of one inch equals 20 feet or less,
showing the location of existing trees and clearly marked property
boundaries. There shall be a list identifying the number and species
of trees inventoried. The site plan shall include the lot and block
numbers, the street address if assigned and a certification that it
complies with the requirements of this article.
B. The locations on the lot where tree removal is to take place.
C. The total square footage of the lot.
D. The total number by species of existing trees with a DBH of four
inches or greater on the lot.
E. The total number by species of trees with a DBH of four inches or
greater which are to be removed.
F. A planting detail for replacement trees.
G. All specific plans for replacement of removed trees shall be based
on the following requirements:
(1) The replacement tree shall be planted on the property where the trees
were removed or in a location designated by the Enforcement Official.
(2) Replacement tree, including the size number of trees, shall be planted
in accordance with the following table:
[Amended 5-28-2024 by Ord. No. 2024-003]
Size of Tree Removed
(inches DBH)
|
Number of Replacement Trees With at Least 2 1/2 inches
DBH
|
---|
4 but not more than 6
|
1
|
More than 6 but less than 10
|
2
|
More than 10 but less than 16
|
3
|
More than 16
|
4
|
More than 24
|
5
|
The replacement value of all trees to be removed, where replacement
trees are required by this article, shall be calculated as follows:
A. Trees to be removed,
[Amended 5-28-2024 by Ord. No. 2024-003]
Size/ DBH
|
Replacement Tree Value
|
---|
Greater than 4 inches up to 6 inches
|
$500
|
Greater than 6 inches up to 10 inches
|
$1,000
|
Greater than 10 inches up to 16 inches
|
$1,500
|
Greater than 16 inches up to 24 inches
|
$2,000
|
Greater than 24 inches
|
$2,500
|
B. Dead and diseased trees as determined by the Borough Enforcement
Officer shall not be included as trees to be replaced.
C. The applicant may elect, in lieu of planting replacement trees, to pay to the municipality a sum of money as set forth in Subsection
A for each tree required to be planted pursuant to this subsection for the purpose of planting shade trees elsewhere in the Borough. Said funds shall be deposited into the Tree Replacement Fund.
Where an applicant chooses to make a contribution to the Tree Replacement Fund in lieu of physically replacing the trees on said property as provided in §
356-14C, the amount of said contribution shall be as set forth in §
356-18. The Tree Replacement Fund shall be in a separate fund with the dedicated purpose of tree replacement and maintenance within the Borough of Spring Lake.