This chapter shall be known as the "Tree Removal
and Protection Ordinance of the Borough of Caldwell."
The Borough Council of the Borough of Caldwell
finds that the preservation, maintenance, protection and planting
of trees aids in the stabilization of soil by the prevention of erosion
and sedimentation; reduces stormwater runoff and the potential damage
it may create; aids in the removal of pollutants from the air and
assists in the generation of oxygen; provides a buffer and screen
against noise and pollution; provides protection against severe weather;
aids in the control of drainage and restoration of denuded soil subsequent
to construction or grading; provides a haven for birds and other wildlife
and otherwise enhances the environment; protects and increases property
values; preserves and enhances the Borough's physical and aesthetic
appearance; and generally protects the public health and safety as
well as the general welfare.
The following definitions shall apply to this
chapter:
ORNAMENTAL TREE
A small tree at least six feet or more at mature height (e.g.
birch, dogwood, Japanese maple, cherry, crabapple, magnolia, Bradford
pear or willow).
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation installed on a parcel of land.
TREE
A deciduous or evergreen tree with an anticipated mature
height of 20 feet or more (e.g. red, Norway, silver or sugar maple;
sweetgum; London plane tree; American sycamore; white, red or pin
oak; American elm; yellow or white poplar; copper beech; cedar; spruce;
pine; fir or hemlock).
[Amended 6-6-2006 by Ord. No. 1168-06]
No person shall cut down or remove any ornamental
tree of a diameter of three inches or more measured at a height of
four feet above the ground, nor any other tree of a diameter of six
inches or more measured at a height of 4 1/2 feet above the ground
without a tree removal permit granted 10 business days in advance.
[Amended 2-11-2003 by Ord. No. 1121-03]
A. This chapter shall be administered by a committee
consisting of two members of the governing body, one member shall
be the liaison to the Environmental Commission, one member of the
Environmental Commission as designated by the Commission, one certified
tree expert as designated by the Mayor and Council and the Borough
Administrator.
B. All permit applications shall be forwarded to the
committee for their review and action. The committee shall act within
the time prescribed in the chapter. In the event that there is a danger
to the health, safety and welfare to the public, the Borough Administrator
shall be permitted to take action on an application without prior
notification to the committee.
C. The chapter shall be enforced by the enforcement officer
who shall be designated from time to time by resolution of the Borough
Council. In the absence of the designated enforcement officer, the
Police Department and the Borough Administrator are hereby authorized
to take any and all enforcement action.
D. Tree removal permits shall be conspicuously displayed
on the lot for which a tree removal permit has been issued while tree
cutting and/or removal operations occur. Failure to display a valid
tree removal permit shall cause tree cutting and/or removal operations
to cease until such time as a valid permit is produced and displayed.
[Added 6-6-2006 by Ord. No. 1168-06]
Any person aggrieved by the decision of the official discharged with the administration and enforcement of this chapter shall have the right within 10 days of the issuance of any decision by such official to appeal to the Planning Board for approval of an alternate plan, and such Board shall take action as it deems necessary in the matter. In the event of such an appeal, the procedures set forth with reference to applications based on hardship contained in §
227-6F of this chapter shall apply.
[Amended 10-14-2008 by Ord. No. 1187-08]
Any person who violates any provision of this
chapter shall, upon conviction thereof, be punished by a fine not
exceeding $2,000 and each tree removed or damaged in violation of
this chapter shall be deemed a separate offense.