[HISTORY: Adopted by the Borough of Allendale
as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-24-1963 by the Shade Tree Commission (Ch. 55,
Art. II of the 1967 Code)]
An ordinance entitled "An amendment to an ordinance
of October 1937 relating to the planting, protection, regulation and
control of shade trees in the streets and highways and of public parks
in the Borough of Allendale, New Jersey," adopted by the Shade Tree
Commission, September 6, 1960, be and the same is hereby repealed.
[Amended 6-25-1992]
Any owner, person, firm or corporation erecting
or constructing or causing to be erected or constructed a new residence
or building or installing or causing to be installed improvements
in any zone of the Borough of Allendale shall provide shade trees
between nine and 10 feet from the curb, between the curb and the property
line, and the same shall be placed at fifty-foot intervals and each
shade tree shall have a diameter of not less than two inches, as measured
18 inches above the ground, nor less than 10 feet high. An additional
five-foot easement beyond the existing right-of-way of streets in
the Borough is herein designated for shade tree planting, in accordance
with this section, when sidewalks, overhead wires or underground cables
would interfere with planting within the legal street right-of-way,
and subject to agreement of the property owner. This easement may
also be used to offset the tree line for a more aesthetic effect when
desirable, subject to the agreement of the property owner. Trees planted
within this easement will be subject to all other regulations of this
article. They must be well branched, the branches to start not less
than six feet from the crown of the root system. The type of tree
shall be selected from the following and shall be planted in accordance
with regulations of the Shade Tree Commission: white oak, red oak,
sweet gum, black oak, Norway Maple, sour gum, scarlet oak, sugar maple,
ginkgo, pin oak, small- or large-leaf lindens or any other tree approved
by the Shade Tree Commission.
The Shade Tree Commission may waive the provisions of § 244-2 hereof if there are existing shade trees growing in the areas where planting would be required, which trees are in compliance with the requirements of the Shade Tree Commission.
[Amended 11-29-1973]
Shade trees must be planted and approved by
the Shade Tree Commission before a certificate of occupancy is issued
for the abutting buildings and premises, unless a performance guaranty
assuring the ultimate installation of shade trees has been accepted
and approved by the Borough Council. The amount of said performance
guaranty in respect to shade trees shall be calculated on the basis
of $150 for each tree required.
The owner, person, firm or corporation installing
said shade trees shall, upon acceptance of the shade trees by the
Shade Tree Commission and upon release of the performance guaranty
by the Borough Council, furnish a maintenance guaranty for a period
of at least three years, in an amount not less than 25% of the performance
guaranty, to indemnify the Borough against losses occasioned by defective
workmanship or failure of trees to survive.
All shade trees which fail to survive for a
period of 12 months following the acceptance thereof by the Shade
Tree Commission shall be replaced by the owner, person, firm or corporation
planting the same, at no cost or expense to the Borough or the Shade
Tree Commission. The replacement shall be made within 60 days following
written demand for such replacement or within such time as this period
may be extended by the Shade Tree Commission.
No owner, tenant, person, firm or corporation
shall cut, break, injure or remove any tree on a public highway, street
or park of the Borough of Allendale without a written permit from
the Shade Tree Commission, except that a duly franchised public utility
need not obtain such permit in the case of an emergency.
No owner, tenant, person, firm or corporation
shall place rope, wire, sign, poster or other fixture on a tree or
a tree guard on a public highway, street or park, or injure, misuse
or remove any device placed to protect any tree or plant in any highway,
street or public park of the Borough of Allendale, without a written
permit from the Shade Tree Commission, provided that a duly franchised
public utility need not obtain such permit in the case of an emergency.
No person shall fasten or attach an animal to
a tree on a public highway, street or public park, or cause an animal
to stand so that the animal can injure any tree, shrub or plant.
No person, firm or corporation shall, without
the written permit of the Shade Tree Commission, place or maintain,
or cause to be placed or maintained, upon the ground in a public highway.
any stone, cement or other sidewalk, or any stone, cement or other
substance, which shall impede the free access of water and air to
the roots of any tree in such highway. The provisions of this section
are not intended to supersede or in any way conflict with the provisions
of the Revised Land Subdivision Ordinance[1] relating to sidewalks, curbs and paving.
No person, firm or corporation shall pour salt
water or other chemical upon or near any public street or highway
whereon trees are planted or growing, nor shall any person, firm or
corporation build fires or station any incinerator, tar kettle, road
roller or other engine on or near a public street or highway, in any
such manner that the vapor or fumes therefrom may injure any tree
or trees.
Throughout the period of any construction, alteration
or repair to any building or structure, or in the improvement or repair
of a street or a highway, the one causing said construction or improvement
shall place such guards around all nearby trees on the public highway
or street as may be needed to effectually prevent injury to shade
trees in abutting areas.
Any owner, tenant, person, firm or corporation
violating any of the provisions of this article shall, upon conviction
by the Judge, be subject to a fine in an amount not exceeding $200
for each violation in accordance with the provisions of Section 9
of the enabling act, N.J.S.A. 40:64-12, and the funds so collected
shall be paid over to the custodian of municipal funds.
[Adopted 5-3-1999 by the Governing Body]
For the purpose of this article, the terms used
herein are defined as follows:
The removal of substantially all trees from a lot.
A line connecting the tips of the outermost branches of a
tree projected vertically onto the ground.
Any species of tree threatened with obstruction, including
but not limited to species of trees so noted in state and/or national
registers.
Any tree(s) representing or approaching in girth the largest
of its species in the state; tree(s) dedicated to or commemorating
an individual or event.
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,
sawhorses, or other similar structures approved by the Property Maintenance
Officer and sufficient to protect the root system or trunk of a tree
from the aforementioned damage.
[Amended 11-8-2005]
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
[Amended 11-8-2005]
Any street, avenue, boulevard, road, highway, sidewalk, alley
or easement that is owned, leased, or controlled by a governmental
or public entity, body or board.
[Amended 11-8-2005]
Tree(s) which by singular nature, condition, size, location
and/or appearance impart particular value to a property or landscape.
Any living woody perennial plant having a diameter greater
than four inches measured at a point 4 1/2 inches above the ground.
[Amended 11-8-2005]
Except as hereinafter provided, no person, firm,
corporation, or board shall do or cause to be done by others, either
purposely, carelessly or negligently, any of the following acts upon
property within the Borough:
A.
Cut, destroy, remove or substantially injure any tree.
B.
Place or maintain upon the ground any substance which
would impede the free access of air and water to the roots of any
tree.
C.
Apply any substance to any part of a tree, including
roots, with the intention to injure or destroy the tree.
D.
Clear-cutting of any land.
[Amended 3-8-2001; 4-11-2002; 11-8-2005]
Except as provided for herein, no person, firm,
corporation, or board shall cut, remove, injure or damage up to six
trees per year (defined as a twelve-month period, not January to December
calendar year) with a diameter in excess of six inches measured on
said tree at a height of four feet above the level of the ground upon
any property within the Borough of Allendale, unless he has first
obtained a permit therefor, in accordance with the regulations and
provisions of this article. If a person, firm, corporation, or board
cuts, removes or damages six trees per year, he may not cut or remove
any additional trees for a period of 12 months from the date of last
tree cut or removed. The provisions of this section shall be retroactive
for a period of 12 months immediately prior to the effective date
of this article. Excepted from this shall be:
A.
All land-clearing operations as authorized in accordance
with a site plan approval or subdivision approval and conditions imposed
with respect to tree removal and planting granted by the Planning
Board or Board of Adjustment of the Borough of Allendale in accordance
with the provisions of N.J.S.A. 40:55D-20 (exclusive authority of
Planning Board and Board of Adjustment). Under no circumstances shall
clear-cutting be permitted on any property.
B.
Trees located on a commercial nursery or orchard.
C.
Any tree cut or removed for purposes of logging or
tree farming in accordance with a management plan of the New Jersey
Department of Environmental Protection, reviewed and approved by the
Planning Board and Shade Tree Commission and filed on record in the
office of the Borough Clerk.
D.
The cutting, pruning or trimming of trees in a manner
which is not harmful to the health of the tree.
E.
The cutting, destruction or removal of trees which are diseased or
dead or which endanger public safety, to be determined by the Property
Maintenance Officer, following advice from the Shade Tree Commission.
Alternately, the homeowner may cut up to an additional four trees,
for a total of 10 per year, only after obtaining a written opinion
from a New Jersey certified tree expert or a New Jersey certified
arborist which confirms said trees are diseased or dead or endanger
public safety, and the written opinion is presented to Borough prior
to the start of any tree work. In that event, the homeowner shall
bear all the costs associated with same.
[Amended 5-26-2016]
F.
The cutting, removal or destruction of a tree as necessary
to construct any structure for which a building permit has been issued
by the Borough Construction Official.
G.
The cutting, removal or destruction of any tree pursuant
to an order or directive of any municipal, county or state agency
or court.
H.
Activities involving trees within the paved area of
the public highways and public rights-of-way. The Shade Tree Commission
shall review and approve the trees that are to be removed in the public
right-of-way, public highway or publicly owned properties in areas
that are not to be paved.[1]
[1]
Editor's Note: Former Subsection I, regarding certain developed,
residential lots, which immediately followed this subsection, was
repealed 5-26-2016.
A.
Any person, firm, corporation or board desiring to
destroy, cut or remove any such tree(s) up to the aforesaid numbers
and size(s) shall apply to the Borough of Allendale Property Maintenance
Officer for a permit to remove such tree(s). The applicant shall state
on the application:
[Amended 3-8-2001; 11-8-2005]
(1)
Identify, by street, block and lot number, the land
upon which the tree(s) is located.
(2)
Provide the name, address and telephone number of
the owner or duly authorized agent of said owner, where applicable.
(3)
Identify and place on the site plan application the
location of said tree(s) sought to be cut, removed or destroyed.
(4)
Mark said tree(s) on site by visible, weatherproof
and reasonably tamperproof means, said tree(s) not to be sprayed with
paint or chemicals or otherwise permanently marked, damaged or defaced.[1]
[1]
Editor's Note: Former Subsection B, regarding
payment of an application fee at time of filing the application, which
immediately followed this subsection, was repealed 5-10-2001.
[Amended 3-8-2001]
The Construction Code Official, except in accordance
with the provisions of N.J.S.A. 40:55D-20 (exclusive authority of
Planning Board and Board of Adjustment) shall not issue a building
permit until a tree removal permit has been issued and approved in
accordance with the provisions of this article.
No materials, machinery or temporary soil deposits
shall be placed within the dripline area of any tree located an any
premises for which a building permit was issued for construction.
The applicant 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,
recreation areas or parking 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, the protective
barriers may be placed upon the border of driveways, recreation areas
and parking areas.
D.
Materials, machinery and temporary soil deposits may
be placed within the dripline upon impermeable surfaces only.
E.
Where change of slope or development will cause harm
to a mature, historic, endangered species or specimen tree, and in
the event that said tree(s) would otherwise be desirable, a well or
other means of protective barrier shall be erected accordingly, said
barrier not to encroach on the area required to sustain life.
[Amended 11-8-2005]
Upon the Property Maintenance Officer’s
receiving the application for the cutting, removal, or destruction
of trees, he shall review the site to determine whether the removal
or destruction of said tree(s) shall change the drainage conditions,
cause soil erosion, increase the dust, decrease the fertility of the
soil or deteriorate the property value, and shall further determine
the overall physical conditions of the land and the deleterious effect
thereon. In reviewing the aforesaid items, the Property Maintenance
Officer shall utilize the services of the Borough Engineer and the
Shade Tree Commission and request and consider a report and recommendation
from both of them with regard to same. The Borough Engineer and Shade
Tree Commission shall provide their report and recommendation to the
Property Maintenance Officer within 14 days from his request and,
in the event that no report or recommendation is provided within said
fourteen-day period, the Property Maintenance Officer may render his
decision without same. In addition to the aforesaid items, the Property
Maintenance Officer shall also consider the following in making his
determination to issue or deny the permit:
A.
Whether the area where the tree is located shall be
used for a building or other structure, or a sewerage line, said tree
located within 12 feet of any of the foregoing; whether the area where
the tree is located shall be used for a patio, a driveway, a recreation
area, a roadway or a drainage right-of-way, said tree located within
four feet of any of the foregoing.
B.
Whether the tree or trees are likely to cause a hardship
upon the applicant or place the community in danger or affect deleteriously
an adjacent property owner.
C.
Whether the cutting, removal and destruction of trees
shall affect the drainage conditions, cause or contribute to soil
erosion, increase the dust and decrease the fertility of the soil
on the land under consideration.
[Amended 11-8-2005]
The Property Maintenance Officer shall, within
20 days after the filing of an application, (weather permitting) render
his decision to grant or deny the permit, and he shall advise the
applicant.
[Amended 11-8-2005]
The applicant shall have the right to appeal
the decision regarding the tree removal permit to the Mayor and Council
of the Borough of Allendale within 10 days of the issuance or denial
of the tree removal permit. Said appeal shall be by written notice
of appeal to the Borough Clerk. Upon receipt of said appeal, the Mayor
and Council shall proceed to hear and decide said appeal upon notice
to the applicant within 20 days after the filing of said notice of
appeal. The Mayor and Council may, in its discretion, and upon complete
review of the application and after hearing the testimony of the Property
Maintenance Officer and the applicant, reverse, modify or affirm the
aforesaid decision.
[Amended 11-8-2005]
Upon written application to the Property Maintenance
Officer, and for good cause shown, the Property Maintenance Officer
may waive any of the requirements of this article.
[Amended 11-8-2005]
The Property Maintenance Officer is designated
as the enforcing agent for this article.
A.
Any tree destroyed or removed in violation of this
article shall be replaced by the owner with another tree of the same
species at least two inches in diameter measured at a point four feet
above the ground. In the event that a tree which is not permitted
to be removed, is injured during building or other construction work,
such tree(s) shall be promptly treated in an approved manner.
B.
The Property Maintenance Officer of the Borough may
order any tree work or other activity which is carried on in violation
of any tree removal permit or any provision of this article to be
stopped forthwith. The order shall be issued in writing and a copy
served upon any person engaged in tree work upon the subject lot.
If no such person is present upon the lot, then the order shall be
served upon the applicant, but if no permit has been issued so to
such lot, then the order shall be served upon the owner of the lot.
Thereafter, except for work as is necessary to remedy the violation,
any further work shall comply with the terms and conditions of any
permit and the provisions of this article.
[Added 11-8-2006]
A.
Any person violating any provisions of this article
shall be subject to a fine not exceeding $1,000 or imprisonment for
up to 90 days, or both, for each and every offense. In the event of
violations involving more than one lot or more than one tree, a violation
as to each such lot or tree shall be considered as a separate offense.
B.
If required replacement work is not completed within
30 days of written notification to do so, a municipal lien shall be
placed upon all affected lots and such lien shall not be discharged
from such lots until such replacement work is completed.
