[HISTORY: Adopted by the Borough Council of the Borough of Florham Park 7-17-2014 by Ord. No. 14-14.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also repealed former Ch. 229, Trees, adopted 2-20-2007 by Ord. No. 07-1.
A. 
The Borough of Florham Park has concern that indiscriminate, uncontrolled and excessive destruction, removal and clear-cutting of trees upon lots and tracts of land results in increased drainage control costs, increased soil erosion and sedimentation, decreased fertility of the soil, degradation of water resources, decreased groundwater recharge, increased buildup of atmospheric carbon, increased dust and decreased property values, all of which negatively affect the character of the Borough of Florham Park and the aesthetic beauty.
B. 
The Borough of Florham Park realizes that excessive removal of trees adversely affects the health, safety and general welfare of our residents and desires to regulate and control indiscriminate and excessive cutting of trees by preserving the maximum possible number of trees in the course of development of a site and in the Borough as a whole, ensuring that the health of trees preserved on a site is maintained throughout the development process, protecting larger, older specimens of trees and encouraging innovative design and grading to promote the preservation of existing trees.
C. 
It is recognized that there is a strong relationship between the integrity of the Borough of Florham Park and the region's water resources, the development on steep slopes, tree removal, soil disturbance, stormwater management and the general use of land resources. Therefore, the appropriate management of these resources is an important health, safety and general welfare concern. Managing the Borough's tree resources is consistent with the Borough's state-approved Community Forestry Management Plan, as in P.L. 1996, c. 135.[1]
[1]
Editor's Note: See N.J.S.A. 13:1L-17.1 et seq.
D. 
Trees are declared to be an important cultural, ecological, scenic and economic resource. Proper management of this resource will ensure its maintenance and result in economic returns. The Borough's Community Forestry Management Plan is intended to meet the objectives of preserving, protecting, enhancing and maintaining trees and providing opportunities for the continued use of forest resources which are compatible with the maintenance of the environment. This will be accomplished by ensuring proper management of forest and trees through the application of sound management practices. To that end, it shall be unlawful to cut down, damage, poison, or in any other manner destroy or cause to be destroyed any trees covered by this chapter, except in accordance with the provisions of this chapter.
E. 
The Borough of Florham Park will also ensure the enforcement of N.J.S.A 45:15C-11 et seq., which implemented the Licensed Tree Expert and Licensed Tree Care Operator Act. This act requires tree removal companies to register with the New Jersey Board of Tree Experts. To be registered, tree removal companies must meet minimum education requirements and have sufficient liability and worker's compensation insurance. The enforcement of this act will reduce the hazard associated with tree removal throughout the Borough of Florham Park.
[Added 5-28-2020 by Ord. No. 20-7]
All applications to the Planning Board or Zoning Board of Adjustment for approval of a major subdivision, minor subdivision or site plan requiring tree removal shall include an application for a tree removal permit. All applications for demolition permits for the purpose of tearing down a house for reconstruction in the Borough shall also require a tree removal permit. Any residential, commercial, business or industrial lot owner wishing to remove trees upon said lot must comply with the § 229-8 of this chapter. The application shall be submitted to the Engineering Department for review and approval by the Borough Engineer or his/her designee. No tree that was planted or preserved as part of any landscape plan or in accordance with any subdivision or site plan approval shall be removed, except for such trees directed to be removed pursuant to § 229-5A(6) through (9).
As used in this chapter, the following terms shall have the meanings indicated:
BOARD
The Florham Park Planning Board or Zoning Board of Adjustment.
CALIPER
The standard measure of tree size for trees to be newly planted. The measurement is taken six inches above the ground for trees four inches in diameter or less and 12 inches above the ground for trees over four inches in diameter.
CLEAR-CUTTING
The removal of all standing trees on a lot or a portion of a lot.
COMMUNITY FORESTRY MANAGEMENT PLAN
A plan developed by the Borough outlining the goals and objectives for managing trees on municipal property with the intent of minimizing liability to the municipality and maximizing the useful life of the tree resource. The plan is approved by the New Jersey Department of Environmental Protection, Division of Parks and Forestry, New Jersey Forest Service.
DIAMETER AT BREAST HEIGHT
The diameter of a tree measured 4 1/2 feet (forestry method) above the ground level on the downhill side for existing trees. "Diameter at breast height" may appear as the abbreviation "DBH" (diameter breast height).
DRIPLINE
A limiting line established by a series of perpendicular drop points marking the maximum radius of the crown of an existing tree, but not less than six feet from the trunk, whichever is greater; and within which no construction or disturbance shall occur.
REPLACEMENT TREE
A nursery-grown certified tree, properly balled, marked with a durable label indicating genus, species and variety, and satisfying the standards established for nursery stock and installation thereof, as set forth by the American Association of Nurserymen.
SELECTIVE CUTTING
The removal of larger trees on an individual basis while leaving trees of lesser size.
SILVICULTURE
The management of any wooded tract of land to ensure its continued survival and welfare, whether for commercial or noncommercial purposes, pursuant to a plan approved by the New Jersey Bureau of Forestry.
THINNING
The removal of undesirable, competitive, diseased or damaged trees so as to cultivate and improve the development of remaining trees on the lot.
TREE
Any self-supporting woody plant, deciduous or coniferous, which reaches a typical mature height of 12 feet or more at maturity and has a typical DBH of four inches or greater.
TREE CANOPY
The top layer or crown of mature trees.
TREE FUND
A fund established by the governing body for the administration and promotion of tree resource sustainability projects and practices which may be consistent with the Community Stewardship Incentive Program as outlined within the New Jersey Shade Tree and Community Forestry Assistance Act, P.L. 1996, c. 135.[1]
TREE PLANTING PLAN
A specific plan adopted by the governing body for the location and placement of trees on public property.
TREE REMOVAL PERMIT
A permit issued by the Borough Engineer, or his/her designee, to remove or destroy a tree or trees.
TREE REPLACEMENT AND REFORESTATION PLAN
A specific plan for replacement of removed trees in accordance with the provisions of this chapter.
WOODED ACRES PERMITTED FOR DEVELOPMENT
The wooded lands within a lot or tract which are not specifically excluded from development by any federal, state, county or municipal law or ordinance, deed restriction or covenant running with the lands. For purposes of this chapter, those lands specifically eliminated from consideration as wooded acres permitted for development include, but are not limited to, wetlands as defined by N.J.S.A. 13:9B-1 et seq.
[1]
Editor's Note: See N.J.S.A. 13:1L-17.1 et seq.
With the exception of the exemptions set forth in § 229-5, no person shall cut or remove, or cause to be cut or removed, any existing tree with a diameter at breast height (DBH) of 10 inches or greater upon any lands within the Borough of Florham Park unless the cutting or removal can be accomplished in accordance with the provisions of this chapter.
[Amended 2-20-2025 by Ord. No. 25-01]
A. 
The Borough Engineer or designee must inspect trees in order to qualify for the exemptions listed in this section. The exemptions are as follows:
(1) 
Commercial nurseries and fruit orchards.
(2) 
Christmas tree farms.
(3) 
Residential lots that are located in the R-15 Zone where removal is no more than three trees with a ten-inch DBH or less in any two-year period.
(4) 
Residential lots that are located in all other zones and are removing no more than six trees with a ten-inch DBH or less in any two-year period.
(5) 
Any tree which is part of a cemetery.
(6) 
Trees directed to be removed by municipal, county, state or federal authority pursuant to law.
(7) 
Removal of trees which are dead, dying or diseased, or trees which have suffered damage, or any trees whose angle of growth makes them a hazard to structures, roads, or human life. Dead or diseased trees shall not be turned into mulch and applied to the site, but shall be disposed of in a manner so as not to disease other trees on the site.
(8) 
Removal of trees which appear to cause structural damage to buildings or foundations.
(9) 
Any tree growing on or over a public right-of-way or public land.
(10) 
Pruning or removal of trees within the right-or-way by utility companies for maintenance of utility wires or pipelines and the pruning of trees within sight easements.
(11) 
Trees removed in conjunction with farmland greater than five acres in size that will be actively devoted primarily to agricultural uses and that yield a minimum annual income of $500 from said farming activities, except that where the owner desires to remove any trees for the purpose of expanding farmlands, an inventory of trees to be removed, identified by size, species, and common name shall be prepared and filed with the Engineering Department prior to any tree removal. In the event the expanded farmlands are not actively devoted primarily to farming activities for a period of seven years following tree removal, the tree replacement provisions contained in § 229-7 shall apply.
(12) 
Those projects which have received major subdivision or site plan approval prior to the effective date of this chapter and amended major subdivision and site plans shall be exempt from the provisions of § 229-6, but must still apply for a tree removal permit prior to cutting pursuant to § 229-8.
B. 
An application is required to be submitted regardless of exemption status to allow the Borough to facilitate the enforcement of N.J.S.A. 45:15C-11 et seq., which implemented the Licensed Tree Expert and Licensed Tree Care Operator Act. This Act requires tree removal companies to register with the New Jersey Board of Tree Experts. To be registered, tree removal companies must meet minimum education requirements and have sufficient liability and workers' compensation insurance. The enforcement of this Act will reduce the hazard associated with tree removal through the Borough of Florham Park.
Each application to the Planning Board for approval of a major or minor subdivision or a site plan that requires the removal of trees shall include an application for a tree removal permit. The application and development proposal shall conform to the following provisions:
A. 
Application form. The application form may be obtained from the Construction Office and shall include the following information:
(1) 
The name and address (street, lot and block) of the owner of the premises and status of legal entity (individual, partnership, corporation of this or any other state, etc.);
(2) 
A description of the premises where removal is to take place, including lot and block numbers, and street address as assigned;
(3) 
A list of all trees to be removed with a DBH equal to or greater than six inches identified by size and species, including total number of each species to be removed;
(4) 
The purpose for tree removal (new construction, street or roadway, driveway, utility easement, recreation areas, parking lot, etc);
(5) 
Proof that there are no delinquent property taxes or assessments due on the property for which the application is submitted; and
(6) 
Such other information as may be deemed necessary in order to effectively process and decide such application.
(7) 
The Tree Removal Service Company doing the work shall be included on the permit application. Pursuant to N.J.S.A 45:15C-11 et seq., applicants shall submit proof contractor's registration with the New Jersey Board of Tree Experts.
[Added 5-28-2020 by Ord. No. 20-7]
B. 
Landscape plan or tree replacement and reforestation plan. The following information shall be provided on a landscape plan prepared by a registered landscape architect or registered professional engineer and submitted with the application for tree removal. Where replacement of trees is required, the plan must depict that tree replacement shall occur as provided in § 229-7. The landscape plan must be submitted prior to tree removal permit approval.
(1) 
Base information.
(a) 
Location of existing tree canopy within the property boundaries.
(b) 
Location of individual trees with a DBH equal to or greater than six inches identified by size, species and common name within the area of development/limit of disturbance.
(c) 
Location of individual existing trees and their driplines noted for preservation within the area of development/limit of disturbance identified by size and species. Where clusters of trees exist on the site or are contiguous with adjacent sites, fragmentation of the cluster shall be avoided where possible.
(d) 
Location of all required replacement trees.
(e) 
Clear labeling of the area(s) intended for tree/vegetation removal.
(f) 
Tree protection material details and limit of disturbance line.
(g) 
Location of existing and proposed buildings/structures.
(h) 
All bodies of water and wetlands, including water retention and detention areas.
(i) 
Location of all existing driveways and parking areas.
(2) 
Design requirements.
(a) 
Only those trees necessary to permit the construction of buildings, structures, streets, driveways, infrastructure and other authorized improvements shall be removed.
(b) 
No more than 60% of the existing tree canopy within the property boundaries shall be removed. The location of the remaining 40% of the tree canopy to be preserved shall be noted on the landscape plan. Steep slope limits of disturbance shall supersede this section when appropriate.
(c) 
No more than 10% of existing trees with a DBH equal to or greater than 10 inches within the area of development/limit of disturbance shall be removed unless the applicant shall replant trees removed in accordance with § 229-7.
(d) 
Input from a designated subcommittee of the Board and/or the Environmental Commission shall be requested for recommended areas of tree preservation.
(e) 
Landscape standards may be waived by the Board when trees and/or shrub masses are preserved and/or relocated on site that duplicate or essentially duplicate the landscape requirements contained in this section.
(f) 
The appropriate reviewing authority shall have the option of requiring a conservation easement to protect any or all trees or tree canopy areas to remain on site.
C. 
Site protection.
(1) 
Tree protection measures and the limit of disturbance line shown on the landscape plan shall be provided in the field with snow fencing or other durable material and verified by the Borough Engineer or other designated official prior to soil disturbance.
(2) 
Protective barriers shall not be supported by the plants they are protecting, but shall be self-supporting. Barriers shall be a minimum of four feet high and shall last until construction is complete.
(3) 
Chain-link fencing may be required for tree protection if warranted by site conditions and relative rarity of the plant.
(4) 
Snow fencing used for tree protection shall be firmly secured along the dripline, but shall be no less than six feet from the trunk.
(5) 
The grade of the land located 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 six feet from the trunk of a tree.
(6) 
No soil stockpiling, storage of building materials, construction equipment or vehicles shall be permitted within the dripline or within six feet of any remaining trees, whichever is greater.
(7) 
Any clearing within the dripline, or within six feet of the trunk of a remaining tree, whichever is greater, shall be done by hand-operated equipment.
(8) 
Where a tree that has been noted for preservation is severely damaged and unable to survive, tree replacement shall occur as provided in § 229-7.
A. 
All replacement trees shall be planted on site in accordance with the following tree replacement schedule. However, if the site in question cannot physically accommodate the total replacement amount of trees, then the applicant may plant tree replacements off site on private property owned by the applicant; or may plant tree replacements off site on Borough-owned property or rights-of-way pursuant to the Borough's Tree Planting Plan and upon direction and supervision of the Department of Public Works and/or Borough Engineer; or shall make payment to the Tree Fund in accordance with the tree replacement schedule below; or any approved combination thereof. The applicant's tree replacement plan shall be submitted in writing to the Borough Engineer for his or her approval.
B. 
A Tree Fund shall be established by the governing body of the Borough of Florham Park to receive and disburse replacement tree contributions. Appropriations from the Tree Fund shall be authorized by the governing body with consideration of the Environmental Commission's and/or Borough Engineer's recommendation in accordance with the Borough's Tree Planting Plan. The primary purpose of said fund is to provide for the planting of replacement trees on public land. The Tree Fund will also cover administrative costs to implement plans, specifications, and bid documents for planting contracts on public lands only, in accordance with the Public Contracts Law.[1] The Tree Fund may also be used to disperse tree vouchers from a tree nursery to residents who desire to obtain a tree for planting within the front yard only of private property where planting in the Borough's right-of-way is not possible due to the presence of utility lines.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
C. 
The replacement of trees shall occur as prescribed in the following table:
Tree Replacement Schedule
DBH Caliper of Existing Tree Removed
(inches)
Number of Replacement Trees
(3-inch DBH Caliper)
Between 10 and 12
3
Between 12 and 18
4
Between 18 and 24
5
Between 24 and 30
7
Between 30 and 36
10
36 or greater
The equivalent of 3-inch caliper trees or greater needed to equal the DBH of the removed tree
D. 
The dollar amount paid to the Tree Fund per replacement tree shall be $325 per required replacement tree.
E. 
Replacement trees shall be of nursery-grade quality, balled and burlapped, and shall be in accordance with standards set forth in ANSI Z60.1, American Standard for Nursery Stock.
F. 
The type of replacement tree(s) shall be the same as the species removed from the site or other trees indigenous to the area as approved by the Engineering Department in accordance with standards developed by the Engineering Department. At a minimum, 1/3 of the replacement trees shall be deciduous.
[Added 5-28-2020 by Ord. No. 20-7]
G. 
The planting of all replacement trees shall be done by or supervised by a person with horticultural training in tree care and planting methods.
H. 
Newly planted replacement trees shall be monitored for a period of one year to ensure the health of the trees. If the replacement trees die within the one-year period, the developer/applicant shall replace the dead tree.
A. 
Applicability. For any residential lot that is located in the R-15 Zone with a tree removal rate of more than three trees with a ten-inch DBH or greater in a two-year period, or any residential lot that is located in all other residential zones with a tree removal rate of more than six trees with a ten-inch DBH or greater in a two-year period, an application for a tree removal permit shall be submitted to the Engineering Department. The application and development proposal shall conform to the provisions contained herein.
B. 
The provisions of this section shall also apply to all lots zoned commercial, industrial and business.
C. 
Application form. The application form shall be available from the Engineering Department and shall include the following information:
(1) 
The name and address (street and lot and block) of the owner of the premises and status of legal entity (individual, partnership, corporation of this or any other state, etc.);
(2) 
A description of the premises where removal is to take place, including lot and block numbers, and street address as assigned;
(3) 
A list of all trees to be removed with a DBH equal to or greater than 10 inches identified by size and species, including total number of each species to be removed. No more than 10% of existing trees with a DBH equal to or greater than 10 inches within the area of development/limit of disturbance shall be removed unless the applicant shall replant trees removed in accordance with § 229-7;
(4) 
The purpose for tree removal (construction, building addition, street or roadway, driveway, utility easement, recreation area, patio, parking lot, etc.);
(5) 
Such other information as may be deemed necessary in order to effectively process the application.
(6) 
The Tree Removal Service Company doing the work shall be included on the permit application. Pursuant to N.J.S.A 45:15C-11 et seq., applicants shall submit proof contractor's registration with the New Jersey Board of Tree Experts.
[Added 5-28-2020 by Ord. No. 20-7]
D. 
Sketch data.
(1) 
Base information. A sketch shall be provided showing the location of the tree(s) to be removed with a DBH of 10 inches or greater.
(2) 
Design requirements for redeveloped lots or building tear-down lots. A survey plan of all existing lot features by a professional surveyor shall be presented indicating the location and DBH of all trees greater than 6 inches DBH on the entire lot. An additional engineered plan by a professional engineer shall be submitted indicating the existing tree canopy area on the lot, all proposed improvements to the lot, all proposed trees to be removed, and the proposed tree canopy on the lot after the proposed tree removal.
[Amended 5-28-2020 by Ord. No. 20-7]
E. 
Site protection. Site protection measures shall be provided in accordance with § 229-6C.
F. 
Tree removal criteria. In addition to the design requirements stated above, the Engineering Department may grant a tree removal permit based upon one or more of the following circumstances:
(1) 
Where the location of an existing tree provides no other alternative but to place a structure outside the permitted building setbacks.
(2) 
Where the location of an existing tree negatively impacts on an existing septic field.
(3) 
Where no other alternative exists for the placement of a building, building addition, structure, septic field, driveway, deck, patio or lawn area, for the recreational use by the inhabitants of the building or dwelling, or any other authorized improvements, but in the vicinity of an existing tree.
(4) 
Where the location or growth of a tree inhibits the enjoyment of any outdoor pool, patio or deck.
(5) 
Where the location, angle or growth of an existing tree makes it a hazard to structures or human life.
G. 
Review by Planning Board. If the request for tree removal is rejected by the Borough Engineer because, in his/her opinion, it does not satisfy the above criteria or if, in his/her opinion, the proposed tree removal would cause erosion, silting, soil instability, or drainage problems, then the application may be forwarded to the Planning Board for action.
H. 
Tree replacement. Tree replacement shall be accordance with the provisions in § 229-7 of this chapter.
In accordance with the design requirements provided in this chapter, unless otherwise indicated herein, a tree removal permit may only be granted for the following reasons and under the following terms and conditions:
A. 
Where the area proposed for tree removal is to be occupied by a building or other structure; a street or roadway; a driveway; a parking area; a patio; a swimming pool; a recreation area; a power, drainage, sewerage or any other utility line, easement, or right-of-way; or where the area of tree removal is 20 feet or less from either side of or around the perimeter of any of the foregoing, whichever is applicable.
B. 
In areas proposed for tree removal which are not to be occupied by any of the uses or facilities set forth in Subsection A of this section, the Borough Engineer or his/her designee shall assess the following:
(1) 
That the continued presence of such tree or trees is likely to cause danger to persons or property upon the property for which removal is sought, or upon adjoining or nearby property.
(2) 
That the area where such tree or trees are located has a cut, depression or fill of land, or the topography of the land is of such a character as to be injurious or dangerous to such tree or trees, or to a tree or trees located nearby.
(3) 
That the removal of trees is for the purpose of conducting forestry activities, which activities include, but are not limited to, the harvesting of trees in accordance with a forest management plan and the thinning out of a heavily wooded area, with some trees to be removed and other trees to remain.
C. 
Upon an express finding by the Borough Engineer or his/her designee that the proposed tree removal will not result in or cause, increase or aggravate any or all of the following conditions: impaired growth or development of remaining trees or shrubs on the property of the applicant or upon adjacent property, soil erosion, sedimentation and dust, drainage or sewerage problems, dangerous or hazardous conditions, and depression in the land value of the subject property and properties in the neighboring area.
D. 
No more than 60% of the existing tree canopy within the property boundaries shall be removed. The location of the remaining 40% of the tree canopy to be preserved shall be noted on the permit for preservation. If the 60% tree canopy removal area is exceeded due to the required removal of dead or hazardous trees, or live trees meeting the criteria in § 229-8F, then a replacement tree value will be assigned based upon the DBH of said removed live, dead, or hazardous trees in accordance with the Tree Replacement Schedule in § 229-7C.
[Added 5-28-2020 by Ord. No. 20-7[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsection D as Subsection E.
E. 
The Borough Engineer or his/her designee shall have the power to affix reasonable conditions to the granting of the permit for the removal of trees. If the applicant does not agree with the existing tree assessment or any conditions of the permit by the Borough Engineer or his/her designee, the applicant may obtain the services of a certified tree expert or arborist, at the applicant's cost, to prepare a report for the Borough Engineer or his/her designee for reconsideration.
Whenever an application for tree removal is granted under the terms and conditions of this chapter, the following protective measures shall be observed:
A. 
No material or temporary soil deposits shall be placed within the dripline of any existing tree to be preserved.
B. 
Except while engaged in tree removal, no equipment shall be operated within six feet of any tree protected by this chapter, nor shall such equipment be operated at any time in such a manner as to break, tear, bruise, decorticate or otherwise injure any living or dormant tree.
A. 
Time limits for approval.
(1) 
Where the permit application is submitted as a part of an application for major subdivision, minor subdivision or site plan approval, the time for approval shall be governed by the timing requirements applicable to major subdivision, minor subdivision or site plans.
(2) 
Where the application is made in connection with a residential, commercial, business or industrial lot that is not part of a major or minor subdivision or site plan, the Borough Engineer shall act on the application within 30 days of its receipt or within such additional time as is consented to by the applicant. Failure to act within 30 days, or any extension thereof, shall be deemed to be an approval of the application and thereafter, a tree removal permit shall be issued.
B. 
Approval by default with regard to major subdivision, minor subdivision and site plan applications shall not be deemed to be a waiver of a tree removal permit.
Permits granted for the removal of trees under the terms and conditions of this chapter shall run with the land and shall remain in force and effect for the following periods of time, and not thereafter. Once the permit has expired, a new application must be submitted for review and a new permit issued.
A. 
If granted for a lot or parcel of land for which no building permit is required: one year from the date of issuance.
B. 
If granted for a lot or parcel of land for which a building permit is required, but for which no site plan approval is required by the Planning Board: until expiration of the building permit granted with such tree removal permit.
C. 
If granted for a lot or parcel of land for which site plan approval from the Planning Board is required as a condition precedent to obtaining a building permit: until expiration of the site plan approval, or expiration of the building permit issued after such site plan approval.
D. 
If granted for a lot or parcel of land for which minor subdivision is sought: one year from the date of granting such minor subdivision.
E. 
If granted for a lot or parcel of land for which preliminary approval of a major subdivision is sought: until expiration of such approval.
A. 
Prior to taking final action upon any application for tree removal, an inspection of the site shall be made by the Borough Engineer or his or her designee.
B. 
Prior to any tree removal, all trees planned for removal must be marked and areas to be cleared identified for inspection by a municipal representative.
C. 
The Borough Engineer or his or her designee shall periodically inspect the site throughout the duration of construction in order to ensure compliance with this chapter. Such inspection shall be made of the site referred to in the application, and of contiguous and adjoining lands, as well as of lands in the vicinity of the application, for the purpose of determining drainage conditions and physical conditions existing thereon.
A. 
The holder of a tree removal permit shall notify the Engineering Department, in writing, by telephone or by a personal visit, of the intent to remove trees before cutting them down. This shall be done at least four business days in advance of when the tree removal activity will commence.
B. 
The notice shall also include information as to the manner of disposal of the removed trees.
A. 
A review fee of $25 shall accompany the application for a tree removal permit, if one is required. This fee is per event, not a fee for each tree. This fee will be deposited into the Tree Fund.
B. 
The tree replacement fee will be in accordance with § 229-7.
C. 
Tree Fund. A Tree Fund shall be established by the governing body of the Borough of Florham Park to receive and disburse replacement tree contributions. Appropriations from the Tree Fund shall be authorized by the governing body with consideration of the Environmental Commission's and/or Borough Engineer's recommendation in accordance with the Borough's Tree Planting Plan. The primary purpose of said fund is to provide for the planting of replacement trees on public land. The Tree Fund will also cover administrative costs to implement plans, specifications, and bid documents for planting contracts on public lands only, in accordance with the Public Contracts Law.[1] The Tree Fund may also be used to disperse tree vouchers from a tree nursery to residents who desire to obtain a tree for planting within the front yard only of private property where planting in the Borough's right-of-way is not possible due to the presence of utility lines.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
[Amended 5-28-2020 by Ord. No. 20-7]
The Borough Engineer, Construction Official or any other authorized Borough official, may, in the event of a violation hereunder or a failure to comply with the requirements of any permit, revoke any tree removal permit or permits granted hereunder, any building permit or permits, any certificate or certificates of occupancy, as the case may be, or issue such stop-work order or orders, as the case may be, or seek to enjoin any such failure or violation through a court of competent jurisdiction or take such other steps as may be authorized and permitted by law to correct such violation or enforce implementation of the terms and conditions of this chapter. In addition to the foregoing civil remedies, any violation of this chapter may be the subject of the penalties and procedures set forth in § 1-16, entitled "General penalty" of the Code of Borough of Florham Park. In addition to the penalties set forth therein, each tree that is improperly or illegally removed in violation of this chapter shall constitute a separate and distinct violation, and the penalty for such removal shall be $3,000 per tree.