[HISTORY: Adopted by the Borough Council
of the Borough of Alpine 12-20-2007.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, weeds, and yard waste disposal — See Ch. 76.
Licensing of landscapers — See Ch. 140.
Property maintenance — See Ch. 169.
[1]
Editor's Note: This ordinance repealed former
Ch. 205, Trees and Shrubs, adopted as Ch. XI (Ord. No. 121) of the
1970 Revised General Ordinances, as amended.
A.
Findings and purpose. The Borough of Alpine finds
that the preservation, protection and planting of trees stabilizes
the soil by prevention of erosion and sedimentation; aids in the removal
of pollutants from the air and assists in the generation of oxygen;
acts to moderate extremes of temperature and to provide shade; aids
in the control of drainage and restoration of denuded soil subsequent
to construction and grading; provides buffer areas which screen against
noise and pollution; provides a haven for birds and other wildlife
and otherwise enhances the environment; protects and increases property
values; preserves and increases seclusion and privacy; conserves and
enhances the Borough's physical and aesthetic appearance; and generally
protects the public health, safety and general welfare. Furthermore,
the Borough of Alpine Master Plan Update, adopted July 2, 2002, recommends
"encouraging a creative design approach to save existing trees" and
"to mandate the replacement of trees that are improperly removed from
a site". This Chapter is intended to implement the Master Plan recommendations
as well as protect the quality of life and the character of the natural
and built environment.
B.
BOND
BUFFER AREA
BUILDING PLOT
CALIPER
CONTRACTOR
DRIPLINE
IMPROVED LOT
LANDMARK TREE
OWNER
PERMIT
PERSON
PREEXISTING TREE CONDITIONS PLAN
REGULATED TREE
TENANT
TREE EXPERT
UNIMPROVED LOT
Definitions. For the purpose of this section, the
following words shall have the meanings as indicated:
A form of financial security to ensure the performance of
obligations under this chapter. The Borough shall have the right to
use all or any portion of the bond for purposes permitted under this
chapter. The bond may be in the form of cash, letter of credit or
surety bond issued by a bonding company licensed in the state of New
Jersey. Any cash deposit shall be held in an appropriate escrow account
and any letter of credit or surety bond shall be in form satisfactory
to the Borough Attorney.
The area from the side and rear property lines beginning
at the front line of the lot and running to the rear line in the case
of side lines and for the entire width of the rear line 10 feet in
width in the R-1 Zone, 15 feet in width in the R-AA Zone and 20 feet
in width in the R-A Zone.
A parcel of land upon which a building has been or may be erected in accordance with Chapter 220, Zoning.
Thickness of a tree, determined by its diameter measured
at a height of four and one half feet (forestry method) above natural
grade.
Any person or business which is in any way responsible for
installation and/or removal of trees.
An imaginary line on the ground encircling a tree and corresponding
to the furthest extension of the outermost branches of the tree, or
10 feet from the trunk, whichever is greater.
Any clearly defined piece of land which contains a permanently
affixed structure with a roof and intended for shelter, housing or
enclosures.
Any tree designated and identified as such by the Environmental
Commission pursuant to the standards, as defined herein.
Any person having the title to any lot, plot, piece or parcel
of land.
A license issued by the Zoning Official/Code Enforcement
Official to remove or destroy trees from any improved or unimproved
land as defined in this section.
[Amended 10-27-2021 by Ord. No. 809]
Any individual, firm, association, partnership or corporation,
or any group of two or more of the foregoing.
A plan or map drawn to scale showing the location of all
regulated trees existing on the property and listing their species,
caliper, and condition as dead, poor, or good, as well as the location
of any structures on the property. The condition of each regulated
tree must be documented on a plan drawn under the seal of a licensed
land surveyor or professional engineer. In the case of a lot on which
there is a presently occupied dwelling and the number of trees to
be removed is two or less, in lieu of a formal sealed plan, the owner
of the property may submit a hand-drawn, unsealed sketch or plan on
which the trees to be removed are shown with sufficient detail and
dimensions to allow the Environmental Commission or other Borough
authority to identify them in the field.
Any living deciduous tree having trunk caliper of six inches
or greater measured at a height of four and one-half feet (forestry
method) above natural grade or a coniferous tree five feet or taller.
[Amended 10-27-2021 by Ord. No. 809]
Any person in possession of any lot, piece or parcel of land,
with or without a lease, but with the permission of the owner.
A person holding an appropriate NJ State Tree Care License
or Certification, Tree Cutter License or NJ Arborist. Copy of license
or certification are required with permit application.
[Amended 10-27-2021 by Ord. No. 809]
Any clearly defined piece of land, the location, dimensions
and boundaries of which are determined by the latest official record,
upon which no structure permanently affixed to the land, with a roof
and intended for shelter, housing or enclosure has been constructed.
D.
Permit application procedures.
(1)
Permit required. No person, contractor, property owner
or tenant shall remove or destroy or cause to be removed or destroyed
by any person, contractor, property owner or tenant any regulated
trees on any improved or unimproved tract of land or lot within the
Borough unless a permit is first obtained for such removal. This permit
will be valid for three years from the date of issue. The Environmental
Commission site visit is only required for the removal of three or
more trees.
[Amended 10-27-2021 by Ord. No. 809]
(2)
Exemptions. The following activities shall be exempt
from the permit requirements of this chapter:
(a)
The cutting, pruning or trimming of limbs or
trunks of a regulated tree in a manner which is not harmful to the
health of the regulated tree.
(b)
The removal of regulated trees, or significant
portions thereof, which are diseased or dead, or which endanger public
safety, provided a certificate from a tree expert certifying the regulated
tree is diseased or dead or a threat to public safety is submitted
with the request for exemption. In those cases where regulated tree
removal will be performed by the property owner, a photograph clearly
showing the condition of the tree may be presented in lieu of a certificate
from a tree expert as evidence of the regulated tree's condition.
Removal of five or less trees diseased, dead, or dangerous does not
require a sit visit by the Enivronmental Commission as long as proper
documentation is provided to the Building Department.
[Amended 10-27-2021 by Ord. No. 809]
(c)
The cutting, destruction or removal of trees
for the purpose of installing a new or replacement septic system provided
that a septic permit is issued for the property involved prior to
any removal.
(3)
Application fee. The permit shall be obtained from
the Zoning Official/Code Enforcement Official upon an application
being made therefor and a nonrefundable fee as follows submitted with
each application:
[Amended 10-27-2021 by Ord. No. 809]
Number of Regulated Trees
|
Fee
|
---|---|
1 to 5
|
$100
|
6 to 10
|
$150
|
11 to 20
|
$250
|
21 to 50
|
$500
|
51 and over
|
$1,000, plus an additional $100.00 for each
additional 5 regulated trees or part thereof
|
(4)
Application information where no building permit,
septic permit, soil movement permit or demolition permit is requested.
An application for a permit for removal or destruction of regulated
trees where no building permit, septic permit, soil movement permit
or demolition permit is requested or contemplated shall contain the
name of applicant, name of owner of property with consent of the owner,
if different from the applicant, location of regulated trees on a
diagram of property, the reasons for the removal or destruction and
a plan for proposed replacement.
(5)
Application information where building permit, soil
movement permit or demolition permit is sought. An application for
a permit for removal or destruction of regulated trees where a building
permit for construction involving any exterior alteration to the building
foundation or property, or soil movement permit or demolition permit
is being sought, shall be filed with the site plan. The site plan
shall show the location of all regulated trees existing on the property
and list their species, caliper, and condition, as dead, poor, or
good. The site plan shall identify all regulated trees for which approval
for removal is being sought and a plan for proposed replacement. This
site plan shall be drawn by an architect, licensed surveyor, or engineer
under their official seal.
(6)
Determination of Building Department/Environmental
Commission; issuance of permits.
[Amended 10-27-2021 by Ord. No. 809]
(a)
Where a site plan or subdivision application
or a soil movement permit is involved, the Planning Board, Environmental
Commission, Zoning Official/Code Enforcement Official or Board of
Adjustment shall determine which regulated trees may be removed and
the permit for such removal shall be issued by the Zoning Official/Code
Enforcement Official at the time of the issuance of a building permit,
soil movement permit or demolition permit.
(b)
Where there is no site plan or subdivision application
or soil movement permit, the Environmental Commission shall determine
which regulated trees may be removed and the permit for such removal
shall be issued by the Zoning Official/Code Enforcement Official after
a final decision is reached. The Environmental Commission may choose
to utilize a tree expert in its determination as necessary, to be
funded by the applicant through an escrow deposit.
(c)
In the event of any unauthorized regulated tree removal, immediate notification shall be given to the Alpine Police Department, the Environmental Commission Chairperson or alternate, and the Zoning Official/Code Enforcement Official. The Zoning Official/Code Enforcement Official shall determine if the issuance of a stop-work order is warranted based on the provisions of Subsection D(11).
(7)
Referral to other agencies. Nothing herein contained
shall prevent the Zoning Official/Code Enforcement Official, Planning
Board or Environmental Commission from referring the application to
the Health Officer or other committee for their examination and opinion.
[Amended 10-27-2021 by Ord. No. 809]
(8)
Bond required. In all instances in which more than
two trees are proposed to be removed, the following bonds shall be
required:
(a)
Vacant lot or complete reconstruction. Each
application for a building permit, soil movement permit or demolition
permit for a vacant lot or a lot upon which there is an existing principal
building which is to be removed (to an extent greater than 80%) and
replaced with a new principal building shall be accompanied by a bond
in the sum of $500 for each 1,000 square feet or part thereof of land
contained in the lot which is the subject matter of the application
which is to be disturbed or is within five feet of the line indicating
the proposed extent of disturbance on the application.
(b)
Other. Each application for a building permit, soil movement permit or demolition permit other than as set forth above in Subsection D(8)(a) above and in which the total area of disturbance is less than 1,000 square feet shall not require the posting of any bond under this chapter. Any application not governed by Subsection D(8)(a) above or exempt from the bonding requirement under this section shall be accompanied by a bond in the amount of $500 for each 1,000 square feet or part thereof of land contained in the lot which is the subject matter of the application which is to be disturbed or is within five feet of the line indicating the proposed extent of disturbance on the application.
(c)
Existing bond. In the event that a bond has
been posted for the property in question for any of the activities
regulated by this chapter and such bond remains in effect, the applicant
may elect to have such existing bond satisfy all or a part of any
new bonding requirement under this chapter, provided that the terms
of the bond are so modified and the amount is the greater of the amount
required at the time of initial posting or at the time of the subsequent
application.
(d)
Resort to bond. Upon completion of the work
for which the building permit or soil movement permit was issued,
the applicant shall notify the Borough Engineer, Zoning Official/Code
Enforcement Official or other appropriate official, and such official
shall arrange for an inspection of the work and verification that
the terms of the tree removal permit have been satisfied. Upon completion
of such inspection, the Inspector shall either confirm that the conditions
have been satisfied or advise the applicant of any deficiencies. The
applicant shall be granted a period of 30 days (or such longer period
as the Borough deems appropriate due to weather conditions or seasons
of the year) in which to correct such deficiencies. No permanent certificate
of occupancy or other approvals shall be issued until the deficiencies
have been corrected or a satisfactory plan for correction has been
submitted to the Borough. In no event shall any portion of the bond
be released or returned until the deficiencies are corrected. In the
event that the applicant fails to correct the deficiencies as required
after demand or otherwise fails to diligently pursue the work for
which the permit was issued for a period of six months, unless the
applicant demonstrates to the Borough good cause for the delay, the
Borough may draw upon the bond to provide funds for the correction
of such deficiencies. If the Borough elects to perform the work to
correct any deficiencies, upon completion of such correction any remaining
amounts shall be released/returned to the applicant and the applicant
shall perform no further work on site unless and until a new permit
is issued and new bonds posted.
[Amended 10-27-2021 by Ord. No. 809]
(e)
Liability despite lack of bond. Exemption from
the bonding requirements or insufficiency of any bond posted shall
not absolve any person from the requirements of replacement for improperly
removed trees.
(9)
Display of permit. A tree removal permit must be adequately
displayed on any property where regulated tree removal has been authorized
so that the permit is visible from the nearest public street until
such time as the authorized cutting has ended and a final inspection
has been conducted by the appropriate Borough official.
(10)
Appeal. In the event of denial of any permit or any
other dispute under this chapter, the applicant may appeal from the
decision of the Zoning Official/Code Enforcement Official or the Environmental
Commission by sending a letter to the Planning Board for its decision
and may be heard formally thereon as part of a regularly scheduled
open meeting of the Planning Board.
[Amended 10-27-2021 by Ord. No. 809]
(11)
Stop-work order issuance. If, upon a building site
inspection, the Zoning Official/Code Enforcement Official finds that
regulated trees have been removed in violation of this chapter, or
he has reasonable cause to believe that there may have been a violation
of this chapter, or if removal has violated the terms of any permit
or approval issued by the Planning Board or Board of Adjustment, then
in that event, no building permit, soil movement permit or demolition
permit shall be issued until the alleged violation has been prosecuted
and disposed of in the Municipal Court of Alpine. In addition, should
the Zoning Official/Code Enforcement Official, the Borough Engineer
or their duly appointed agents discover that a possible violation
of this chapter has occurred, or if removal has violated the terms
of any permit or approval issued by the Planning Board or Board of
Adjustment, including any violation of an approved survey, subsequent
to the granting of a building permit, soil movement permit or demolition
permit, the Zoning Official/Code Enforcement Official, Borough Engineer
or their duly appointed agents shall issue a stop-work order until
such time as the violation is finally disposed of in the Municipal
Court of Alpine. Where there are repeated violations the Zoning Official/Code
Enforcement Official shall also have the authority to withhold the
issuance of a final certificate of occupancy (CO) for that property
pending correction of the violations. The Environmental Commission
may recommend a stop-work order to be issued to the Zoning Official/Code
Enforcement Official who is then directed to address the validity
of the recommendation and respond to the Environmental Commission
within 48 hours. If the stop-work order is contested at that time
by the applicant, the burden of proof shall be the responsibility
of the applicant.
[Amended 10-27-2021 by Ord. No. 809]
E.
Tree removal and replacement standards.
(1)
All regulated trees within the area of disturbances
shall be indicated on the required site plan or preexisting conditions
plan. Every effort shall be made to provide a layout to avoid any
disturbance within a regulated tree's dripline.
(2)
Replacement trees.
[Amended 11-25-2019 by Ord. No. 790]
(a)
All regulated trees, including those shown or noted to be part of removal operations as well as those outside of removal operations that are removed, destroyed, or severely damaged, shall be replaced except as provided in Subsection E(4) below. Replacement shall be made in accordance with the following restoration formula:
Caliper of tree removed
(inches)
|
Number required for replacement
|
---|---|
6 to no more than 12
|
2
|
12 to no more than 18
|
3
|
18 to no more than 30
|
4
|
30 or greater
|
5
|
(b)
The caliper of trees with multiple trunks at a height of four
and 1/2 feet above the ground shall be calculated by multiplying the
caliper of the largest trunk at such height by 1.5.
(c)
Of any deciduous trees removed, regardless of caliper, a minimum of 50% of the number required for replacement in Subsection E(2)(a) above, rounded up to the next whole number, shall be of no less than four inches in caliper on planting. Any of the remaining deciduous trees required to be replaced and which exceed four inch caliper at the time of planting will reduce the number required for replacement as follows: One tree reduction for each inch of caliper on planting in excess of four inches.
(d)
If the total number of deciduous replacement trees is greater
than 10, a variety of deciduous species shall be required, identified
by the U.S. Soil Conservation Service as being compatible with the
local soil type and climate conditions.
(e)
Of any coniferous trees removed, regardless of caliper, a minimum of 70% of the number required for replacement in Subsection E(2)(a) above, rounded up to the next whole number, shall have a minimum height on planting of eight feet. Any of the remaining coniferous trees required to be replaced and which exceed eight feet in height at the time of planting will reduce the number required for replacement as follows: One tree reduction for each additional two feet of height on planting.
(f)
If the total number of coniferous replacement trees is greater
than 20, a variety of coniferous species shall be required, identified
by the U.S. Soil Conservation Service as being compatible with the
local soil type and climate conditions.
(g)
Should it become necessary to replant within any buffer area,
it is recommended that use of species as outlined in the Borough's
Route 9W Buffer Zone Maintenance Guidelines. Tree replacement and
the number of trees required shall be determined by the Borough agency
by the ability of the land to accommodate said trees.
(h)
If sufficient space is not available on the lot on which the
development is proposed, the Borough agency may require the applicant
to plant the replacement trees on other lands owned by the applicant
within the Borough of Alpine, on Borough park lands, within public
street rights-of-way or any combination thereof. In lieu of off-site
replacement, the applicant may contribute to the Alpine Environmental
Commission Fund based on a replacement cost estimate prepared by the
Borough Engineer.
(i)
Downed, severely damaged and destroyed trees within the saved
limits shall not be removed until inspected for caliper reference
by the Borough agency. Those trees removed prior to inspection shall
be deemed to be the highest caliper tree lost.
(3)
Hardship. Hardship in connection with requests for
removal shall be based on an examination of all the circumstances
considering the applicant's needs. If the needs of the owner outweigh
the public benefit promoted by retention of regulated trees, the hardship
requiring removal shall be found to exist and the permit shall issue.
(4)
Limit of removal. Any area to be occupied by a building,
driveway, drainage field, septic tank, recreation area (tennis courts,
swimming pools or similar facilities) may have the regulated trees
removed but removal shall not be permitted more than 15 feet around
the perimeter of such facilities. Any trees removed under this provision,
except those that are located in a required buffer area, shall not
be subject to the replacement provisions of this section.
(5)
Cut/fill. In areas in which a required cut or fill
deemed injurious or dangerous to trees is proposed, removal of regulated
trees in such area, as determined by the Zoning Official/Code Enforcement
Official, Planning Board or Environmental Commission, shall be permitted.
[Amended 10-27-2021 by Ord. No. 809]
(6)
Standards. The permit shall be granted if there is
a finding that the removal and destruction will not impair the growth
and development of remaining and new trees on the property of the
applicant or adjacent properties and would not cause erosion of soil,
impair existing drainage, lessen property values in the neighborhood
or impair the aesthetic values of the area.
(7)
Buffer areas. The spirit of the provisions of this section shall be to grant permits in buffer areas only for compelling reasons as it is essential to maintain aesthetic values, preserve privacy and drainage control. Removal of any trees in any required buffer area is discouraged and is permitted only with approval by the Planning Board or Board of Adjustment. In the event it is necessary to remove trees within the buffer area for any reason all trees removed shall be replaced in accordance with Subsection E(2) above. To the extent possible, replacement shall occur within the buffer area.
(8)
Timeframe requirement for replacement trees. Planting
of replacement trees shall be required within two years from the date
of tree removal. In the event that any replacement tree shall die
or be in serious decline within one year after planting, the applicant
or property owner shall replace it within one year. The requirement
for replacement is not considered a penalty, rather an implementation
of the purpose of this section. Replacement shall not be a substitute
for, but shall be in addition to, any penalty imposed for violation
of the provisions of this chapter.
F.
Regulations.
(1)
Protection of regulated trees.
(a)
Prior to the commencement of any excavation
or grading work on site, snow fencing or other protective barriers
shall be placed at the regulated tree's dripline, and shall remain
in place until all construction activity on the property has terminated
in order not to disturb the soil and thereby injure the regulated
tree. No equipment, chemicals, soil deposits or construction materials
shall be placed within any area so protected by barriers. Any landscaping
or activities subsequent to the removal of the barriers shall be accomplished
with light machinery or hand labor.
(b)
The grade of the land within the dripline shall
not be raised or lowered more than six inches unless compensated by
welling or retaining wall methods; and in no event shall welling or
retaining wall methods be less than 10 feet from the trunk of a regulated
tree.
(2)
Exempt lands or activities. The following lands or
activities shall be exempt from the provisions of this section: orchards;
Borough, county and state land; Palisades Interstate Park lands; and
the lands owned by the Boy Scouts of America or any of its subsidiaries
and used by them for scouting purposes.
G.
Removal of diseased regulated trees; fees of service
for tree experts.
(1)
No fee shall be charged for a permit authorizing the removal of diseased or damaged regulated trees in accordance with Subsection D(2)(b) herein.
(2)
In cases where the services of a tree expert is required
where a building permit, soil movement permit or demolition permit
is applied for at the same time, the cost thereof shall be borne by
the applicant and payment of the same shall be a condition precedent
to the release of the bond filed or the issuance of a permit.
H.
Liability. Liability for improper removal shall be
imposed upon the person removing or destroying any tree in violation
of this chapter. In addition, the owner, tenant or other person in
control of the property at the time of removal or destruction shall
also be liable for such actions.
A.
Qualification. A tree may qualify as a landmark tree
if it meets one or more of the following criteria:
(1)
The tree species is rare.
(2)
The tree is more than 100 years old.
(3)
The tree has exceptional height, trunk diameter or
dripline for a tree of its species.
(4)
The tree location, shade value, fragrance, erosion
control, aesthetic feature, or scenic enhancement is of special importance
to the Borough's character or property of the owner.
(5)
The tree is a rare ornamental or flowering tree.
(6)
The tree has historical or cultural significance.
B.
Nomination. The Department of Public Works or the
Environmental Commission may nominate any tree on Borough property
for landmark tree status in accordance with the process contained
herein. Relying on the same nomination process, a property owner also
may seek landmark tree status for a tree on his or her own property.
Once nominated, the tree is subject to approval by the Environmental
Commission for designation as a landmark tree. The subject tree will
be temporarily designated with landmark status to avoid untimely removal
during the formal landmark designation process.
C.
Register. All trees that have been designated as approved
landmark trees shall be shown, with each tree's designation date,
location, species, age, size, and other distinguishing characteristics,
on the official Landmark Tree Register maintained by the Environmental
Commission with a duplicate copy on file with the Borough Clerk, Building
Department, Planning Board and the Zoning Board of Adjustments.
D.
Identification. If the owner of the property on which
a landmark tree is located consents thereto, the Borough may identify
such tree as a landmark tree by the placement of a suitable marker
thereon.
E.
Removal. No person shall cut down or remove any landmark
tree, whether such tree is located on Borough or private property,
without first obtaining approval of the Environmental Commission and
a permit pursuant to this chapter.
A.
Permit required for certain acts. No person shall
do or cause to be done any of the following acts affecting trees,
shrubbery or ornamental material planted or growing naturally within
the rights-of-way or public property under the jurisdiction of the
Borough, except with a written permit obtained from the Department
of Public Works:
(1)
Cut, trim, break, disturb the roots of, or spray with
chemicals any living tree or shrub; or injure, misuse or remove any
structure or device placed to support or protect any tree or shrub.
(2)
Plant or remove, or climb with spikes, any living
tree or shrub.
(3)
Fasten any rope, wire, electric attachments, sign
or other device to a tree or shrub, or to any guard about such tree
or shrub.
(4)
Close or obstruct any open space provided about the
base of a tree or shrub to permit the access of air, water or fertilizer
to the roots of such tree or shrub.
(5)
Pile any building material, or make any mortar or
cement, within 10 feet of a tree or shrub.
(6)
Change the grade of the soil within the limits of
the lateral spread of the branches of any such tree.
B.
Protection of trees from wire, cable or electric current.
Every person having control over any wire for the transmission of
an electric current along rights-of-way or public property shall at
all times guard all trees through which, or near which, such wire
passes against any injury from the wire or cable or from the electric
current carried by it. The device or means used shall in every case
be subject to approval by the Department of Public Works.
C.
Guy wires and braces prohibited. No person shall place
any guy wire, brace or other device on any tree upon rights-of way
or public property in such a manner as to injure it.
D.
Injury by animal. No person shall hitch or fasten
an animal to any tree or shrub upon rights-of-way or public property
or to any guard or support provided for the same, or permit an animal
to bite or otherwise injure any tree or shrub.
E.
Chemical damage. No person shall permit any brine,
gas or injurious chemical or liquid to come in contact with the stump
or roots of any tree or shrub on rights-of-way or public property.
F.
Interference with Department of Public Works. No person
shall prevent, delay or interfere with any lawful work undertaken
by the Department of Public Works or its authorized agent.
G.
Dangerous trees and shrubs.
(1)
Removal required; notice. In case any tree or shrub
or any part thereof along rights-of-way or public property shall become
dangerous to public safety, the owner of the property in front of
which such tree or shrub is located shall forthwith remove the same,
or the required part thereof, upon receipt of written directive to
that effect from the Department of Public Works.
(2)
Standard established. The owner or tenant of any lands
lying within the Borough shall keep all brush, hedges and other plant
life, growing within 10 feet of any roadway and within 25 feet of
the intersection of two roadways, cut to a height of not more than
2 1/2 feet. This shall not require the cutting down of any trees
where there is vision through the trees at a height of between 2 1/2
feet from the ground and eight feet from the ground.
(3)
Removal by Borough. If the owner fails to remove the
tree or shrub or portion thereof within two weeks after receipt of
written notice to do so, the work shall be performed by the Borough
under the supervision of the Superintendent of Public Works, who shall
certify the cost thereof to the Council.
(4)
Costs charged against land; lien established. Upon
receipt of the certified costs, the Council shall examine same and
if found correct shall cause the costs to be charged against the lands,
or, if the Council deems the costs to be excessive, shall cause the
reasonable cost thereof to be charged against the lands. The amount
so charged shall forthwith become a lien upon the lands and shall
be added to and become and form part of the taxes next to be assessed
and levied upon the lands, the same to bear interest at the same rate
as other taxes, and shall be collected and enforced by the same officer
and in the same manner as taxes.
A.
Enforcement/penalty. The Zoning Official/Code Enforcement
Official, the Alpine DPW, or the Alpine Police Department are authorized
to enforce the provisions of this chapter. Any person violating any
of the provisions of this chapter shall be subject to a fine of $500
for the violation, plus an additional $250 per individual tree or
$1,000 per landmark tree removed improperly or by imprisonment in
the county jail for a period not exceeding 90 days, or community service
for 90 days, individually or in combination, at the discretion of
the Magistrate of the Borough. Such penalty shall be in addition to
the requirements of replacement.
[Amended 10-27-2021 by Ord. No. 809]
B.
If any person shall continue to violate any of the
provisions of this chapter, after being duly notified of such violation,
or shall neglect or refuse to comply with any lawful order of the
Department of Public Works, the failure to comply with a second or
each of any subsequent notifications or orders shall be construed
as an additional violation of this chapter, and each such additional
offense shall subject the offending party upon conviction to the same
penalty as provided for the first offense.