Certain words, phrases and terms are defined
below for purposes of this article, unless the context otherwise requires:
AFFECTED NEIGHBOR
The owner of record of any property adjacent to the affected
property.
AFFECTED PROPERTY
The lot or lots for which a tree removal permit, road opening
permit, soil moving permit or construction permit is issued.
DEVELOPMENT
As defined in §
40-3 of the Code of the Borough of Mountain Lakes.
LOT LINE
As defined in §
40-3 of the Code of the Borough of Mountain Lakes.
OWNER
As defined in §
40-3 of the Code of the Borough of Mountain Lakes.
PROTECTED TREE
Any tree eight or more inches in diameter or 25 inches or
more in circumference measured at a point 4 1/2 feet above the
ground whose trunk is wholly in the setback area of the affected property.
If a tree has multiple trunks, then each trunk's diameter shall be
measured and added together to determine the size of the tree.
SETBACK AREAS
The area between the lot lines and the setback lines of a
lot.
SETBACK LINE
As defined in §
40-3 of the Code of the Borough of Mountain Lakes and listed in Schedule I: Bulk Requirements.
SHRUB
A woody plant that does not have a center trunk and does
not typically grow over 10 feet high.
STREET TREE OR SHRUB
Any tree or shrub upon any Borough street, right-of-way,
highway, public place or park.
TREE
Any living deciduous or coniferous species which reaches
a typical mature height of 12 feet or more and has a typical mature
diameter of four inches or greater measured at a point 4 1/2
feet above the ground.
[Amended 4-12-2021 by Ord. No. 8-21]
A. Regulations.
(1) Tree removal permit required. No person shall remove a protected tree, which does not include dead trees, in the setback area of any lot without first obtaining a tree removal permit. A tree removal permit shall not be required for removal of a protected tree if the work to be done is in accordance with an approved setback tree management plan and the related permits required by Subsection
A(2) herein. The tree removal permit shall be automatically approved, with no requirement for neighbor notification, if no more than 50%, up to a maximum of three of the protected trees, which does not include dead trees, in the setback area have been or will be removed in a twelve-month period.
(2) Setback tree management plan required. The Construction Official shall not issue a construction permit for erecting or constructing a building or addition or alteration thereof or improvements upon a property, a road opening permit, or a soil moving permit until a setback tree management plan has been approved by the Borough Manager and implemented in accordance with the regulations and provisions of §
102-36. Throughout a period of any construction, alteration or repair to any building or structure, or work on a site which is subject to an approved setback tree management plan, the owner, tenant, person, firm or corporation causing said construction, improvement or work shall in all respects comply with an approved setback tree management plan. The Planning Board or Zoning Board of Adjustment shall require as part of an application for development a setback tree management plan approved by the Borough Manager.
B. Setback tree management plan and tree removal permit. When required by Subsection
A(1) herein, an application for a tree removal permit shall be submitted on forms provided by the Borough Manager. When required by Subsection
A(2) herein, a setback tree management plan for protected trees shall be submitted in like manner to §
102-35B. A setback tree management plan must show the location of each protected tree within the setback area of the affected property. The plan must also include any tree or shrub on any Borough right-of-way abutting the affected property. The setback tree management plan must identify each protected tree and whether and how it will be protected. The setback tree management plan or tree removal permit must be approved by the Borough Manager in accordance with the procedures and standards set forth in Subsections
D and
E below. The Borough Manager may seek the advice of the Shade Tree Commission, the Borough Engineer, the Arborist or other Borough staff or consultants in making any of the decisions entrusted to the Borough Manager by §
102-36. The Borough Manager shall render his decision on a setback tree management plan or tree removal permit within 15 days after receipt of a complete application and the completion of the neighbor notification period in Subsection
E.
C. Appeal to Council. The applicant shall have the right
to appeal the decision of the Borough Manager regarding the setback
tree management plan or tree removal permit to the Council of the
Borough within 10 days of receiving written notice of a decision.
Said appeal shall be by written notice of appeal to the Borough Clerk.
Upon receipt of said appeal, the Council shall proceed to hear said
appeal upon notice to the applicant within 30 days after the filing
of said notice of appeal. The Council may, in its discretion and upon
complete review of the application and after hearing such testimony
as may be warranted, reverse, modify or affirm the aforesaid decision.
D. Standards. Upon receipt of a setback tree management
plan or application for a tree removal permit, the Borough Manager
shall review it and inspect the site on which the protected trees
are located. The Borough Manager shall consider the following factors
in deciding whether to approve the setback tree management plan or
the application for a tree removal permit:
(1) Whether the preservation of the protected tree or trees is important to the benefits of §
102-33.
(2) The overall effect of removal of such protected tree
or trees on the physical and aesthetic value of the applicant's property
and adjacent property.
(3) Whether the proposed removal would constitute a significant
change in the screening between existing or proposed buildings on
contiguous lots.
(4) Whether more than 50% up to a maximum of three of
the protected trees (which does not include dead trees) in the setback
area have been or will be removed in a twelve-month period.
(5) Whether the tree management plan is adequate to insure
the safety and health of any protected trees and all street trees.
(6) Whether the proposed cutting or removal would impair
the growth and development of the remaining trees on the applicant's
property or adjacent property.
(7) Whether the proposed cutting or removal would change
existing drainage patterns.
(8) Whether the proposed removal would allow soil erosion
or increase dust.
(9) Whether the proposed removal would constitute a horticulturally
advantageous thinning of an existing overgrown area.
(10)
Whether existing conditions or proposed changes
in the topography of the area where such protected tree or trees are
located have depressed land configuration or fill of land which shall
be deemed injurious to the protected trees or other trees located
nearby so as to require welling, construction of an aerification system,
or tree removal or replacement.
(11)
Whether the protected tree or trees are dying,
diseased, or severely damaged, or the angle of growth makes them a
hazard to structures, roads, or human life.
(12)
Whether the presence of the protected tree or
trees is likely to cause hardship or will endanger the public or an
adjoining property owner by reason of it being diseased or dead or
for some other adequate reason with the intent of this article.
E. Neighbor notification. No permit shall be issued or setback tree management plan approved until 14 calendar days after a copy of the setback tree management plan or application for a tree removal permit has been delivered to each affected neighbor, except as specified in §
102-36A(1), in order to give each such owner an opportunity to consult with the applicant, take other steps on his or her own property to protect potentially affected trees, and provide written comments on the setback tree management plan or tree removal permit to the Borough Manager within 14 calendar days of delivery. Such delivery to each affected neighbor may be made by hand or by certified mail at the address of the property owner as shown on the current tax duplicate. If by certified mail, such delivery shall be deemed complete upon mailing. Prior to permit issuance, the applicant shall provide a signed affidavit of service attesting that such delivery has been completed as required.