[HISTORY: Adopted by the Borough Council
of the Borough of Medford Lakes 9-26-1996 by Ord. No. 426. Amendments
noted where applicable.]
This chapter shall be known as the "Tree and
Shrub Removal Ordinance."
The intent and purpose of this chapter is to
establish standards for the Borough of Medford Lakes for the protection
and preservation of certain trees and shrubs as defined herein growing
in a natural state within this municipality.
The meanings of words when used in this chapter
shall be given their common and ordinary meaning except when otherwise
specified. The following words are specifically defined for purposes
of this chapter:
The Borough Manager or other person designated by ordinance
or administrative order to issue tree removal permits.
Agreement wherein the landowner agrees to take no action
which will jeopardize the health of the protected tree or shrub and
to grant to the Borough access to maintain the protected tree or shrub.
Any native Laurel having a root crown of three inches at
the soil surface level.
Any woody perennial plant having a diameter of three inches
or greater measured at a point four feet above the ground.
This chapter shall apply to the removal of all trees and shrubs, as defined in this chapter, growing upon any land in the Borough of Medford Lakes, except as exempted by § 217-5.
Permits shall not be required for the removal
of the following trees and shrubs:
A.
Trees and shrubs that are damaged as a result of storms
and or other naturally occurring calamities, that if not immediately
removed, pose an imminent threat or danger to life and/or property.
B.
Trees and shrubs growing on lots qualified for and complying with a certified Tree/Forest Management Plan developed by the New Jersey Department of Environmental Protection, Bureau of Forestry. The management plan must be filed with the issuing authority and must either substantially comply with the provisions of § 217-8, or contain a certification of the State Forester that, due to the peculiar characteristics of the particular site, other standards are specifically recommended. This exemption is available only for properties currently qualified and approved under the Farmland Assessment Act of 1964 (N.J.S.A. 54:4-23.1 et seq.).
C.
Trees and shrubs which are located in or on the public
right-of-way of any municipally owned roadway, street or trail.
A.
No person, corporation or entity shall remove or destroy
any tree or shrub, to which this chapter is applicable, without first
obtaining a tree removal permit from the Borough of Medford Lakes.
B.
Tree removal permits shall be issued by the issuing
authority upon written application therefor. Applications shall be
in a form specified by the Borough Manager and shall contain the name
and address of the owner of the lands upon which the trees or shrubs
sought to be removed are located; the authority of the person, corporation
or entity applying for the permit to remove the trees or shrubs; the
type, size and location of the trees or shrubs sought to be removed.
The application shall contain such additional information, surveys,
plans or certifications as may be required by the Borough Manager.
In no event shall a permit or permits be issued allowing for more
than 30% of the trees on any one property to be removed.
D.
Tree removal permits shall be valid for 90 days from
the date of issuance.
E.
A survey of the lot showing the exact location of
all trees thereon greater than six inches in caliper shall be required
prior to the issuance of a permit when a tree or shrub is to be removed
for the purpose of accommodating any new construction, including but
not limited to, additions, garages, patios, decks, swimming pools
and/or appurtenances thereto.
The issuing authority shall grant or deny any such permit with reference to the standards contained in § 217-8 below. In applying such standards, the issuing authority may condition the grant of the permit upon such reasonable conditions as may be deemed necessary to effectuate the purposes of this chapter.
The following standards shall govern the grant,
conditional grant or denial of a tree removal permit in the Borough
of Medford Lakes:
A.
The issuing authority shall be satisfied that the
removal or destruction of any particular tree or shrub which is unique
in age, size or type is required for effective utilization of the
lands in question.
B.
The issuing authority shall be satisfied that the
removal or destruction of trees and shrubs proposed shall not impair
the growth and development of the remaining trees and shrubs on the
lands where the trees are situate or on adjacent lands.
C.
The issuing authority shall be satisfied that the
removal or destruction of trees and shrubs proposed shall not cause
soil erosion or impair existing drainage patterns.
D.
The issuing authority shall be satisfied that the
proposed removal or destruction of trees and shrubs shall not result
in a reduction or loss of value to properties proximate to the removal
or destruction.
E.
The issuing authority shall be satisfied that adequate
precautions shall be taken with respect to the removal of trees and
shrubs, that other trees will not be damaged by mechanical removal,
that the roots of the remaining trees will not be cut, that the trees
removed will not be buried or burned and that dead tress are not permitted
to become harborage for rats or other rodents.
The Planning Board, when considering applications
for subdivision or site plan approval, shall require that buildings
and pavements be relocated so as to minimize the need to remove trees
and shrubs.
Any person aggrieved by a decision of the issuing
authority shall be afforded a hearing with respect thereto before
the Borough Manager or his designee if a written request is filed
within 10 days from the action of the issuing authority. The record
of such hearing shall be maintained by the means of minutes or electronic
means. Any person who, after a hearing before the Borough Manager,
is still aggrieved by the decision of the issuing authority, shall
be afforded a hearing with respect thereto before the Medford Lakes
Planning Board, provided that such a request is filed within 10 days
of the decision by the Borough Manager. In any such hearing, the manager
and/or the Planning Board may consider the applicant's willingness
to replace trees as an additional standard for granting or denial
of a permit or permits.
A.
The Borough Council may designate, by ordinance, a
certain tree or shrub or a certain species of trees or shrub as being
of special value based on rarity or historical importance.
B.
If any tree or shrub designated under this section
is located on a site being considered for major subdivision approval,
the Planning Board may, as a condition of final approval, require
the developer to grant a preservation easement to the Borough of Medford
Lakes.
C.
If any tree or shrub designated under this section
is located on private property not seeking major subdivision approval,
the Borough may acquire a preservation easement by gift or purchase.
[Amended 4-23-2014 by Ord. No. 615]
Any person, firm, corporation, association or legal party whatsoever who or which shall violate, or authorize or procure a violation, or cause to be violated, any provision of this chapter shall, upon conviction thereof, be punishable as provided under the general penalty provisions found at § 1-15 of this Code. This, however, shall not apply against any municipal employee or officer that authorizes action by permit or otherwise in the ordinary course of their duties.
