[HISTORY: Adopted by the Borough Council
of the Borough of Caldwell 9-24-2002 by Ord. No. 1118-02. This ordinance also
repealed former Ch. 227, Trees, adopted 7-10-1990 by Ord. No. 885-90, as amended. Amendments noted where applicable.]
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:
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).
A combination of materials to form a construction for occupancy,
use or ornamentation installed on a parcel of land.
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.
A.
Application for a tree removal permit shall be made
by submission of the following:
(1)
An application form provided by the Borough containing
the following information: the name and address of the applicant;
the street address and tax lot and block of the property in question;
and the number of trees to be removed.
(2)
The reason(s) for removing the trees.
(3)
A tree removal plan consisting of a diagram showing the location of the trees to be removed, the species of such trees and their diameter, the location of all trees of a size described in § 227-4 within the dripline of the trees to be removed, and the location of all existing and proposed structures on the property, together with the distance, that the trees proposed to be removed are located from such structure and from property lines. A reproduction of the tax map or an existing survey modified to provide this information would be acceptable.
(4)
A tree mitigation plan (if mitigation is required pursuant to § 227-6 hereof) to be reviewed and approved by the Enforcement Officer. The plan shall consist of a diagram (as described above), showing the location of all trees to be planted, the species of such trees and their diameter or size required.
(5)
A $25 fee for processing a tree removal permit.
B.
The applicant shall place a one-inch wide yellow ribbon
to be provided by the Borough around the trunk of each tree to be
removed at a height of 4 1/2 feet (or three feet for ornamental
trees) above the ground so that the proposed tree removal may be inspected
in the field.
A.
Upon receipt of an application for cutting or removal
of trees or ornamental trees, the Enforcement Officer shall inspect
the site on which the trees sought to be cut or removed are located
and shall evaluate the drainage and other physical conditions existing
on the subject property and adjoining properties. The Enforcement
Officer shall consider the following factors in deciding whether to
issue such permit:
(1)
Whether the proposed cutting or removal would impair
the growth and redevelopment of the remaining trees or ornamental
trees on the applicant's property or adjacent property.
(2)
Whether the proposed cutting or removal would change
existing drainage patterns.
(3)
Whether the proposed removal would allow soil erosion
or would increase dust.
(4)
Whether the proposed removal would constitute a significant
change in the screening between existing or proposed buildings on
contiguous lots or the wooded aspect of the lot as viewed from the
adjacent public road.
(5)
Whether the proposed removal would constitute a horticulturally
advantageous thinning of an existing overgrown area or the removal
of dead or diseased trees.
(6)
The overall effect of removal of such tree(s) on the
physical and aesthetic value of the property and the neighborhood.
(7)
Whether the area where such tree(s) are located will
be occupied by a building or structure, a driveway, a roadway, or
a sewer line, or whether such area is within 15 feet of any of the
foregoing.
(8)
Whether the proposed changes in the topography of
the area where such tree(s) are located will have depressed land configuration
or fill of land which shall be deemed injurious to the tree or other
trees located nearby so as to require welling, construction of an
aerification system, or tree or ornamental tree removal or replacement.
(9)
Whether the proposed renewal would remediate a safety
hazard to persons or structures.
B.
Permission will be granted for the removal of the
following trees, without mitigation:
(1)
Located within the building footprint of a proposed
new principal building.
(3)
Located within the roadway right-of-way but outside
the curbline of a new roadway approved pursuant to the Subdivision
and Site Plan Ordinance.
(4)
Dead, diseased or pose a safety hazard.
(5)
Located within the area of a proposed and approved
driveway, walkway, new utility line, accessory building or any other
new structure; or
C.
Mitigation plan. With respect to the removal of all other trees, not described in Subsection B, above, the Enforcement Officer shall require a mitigation plan (i.e. the planting of replacement trees at other locations on the subject property or elsewhere within the Borough). The purpose of such plan shall be the ultimate replacement on the property of the trees being removed, giving due consideration to a reasonable maturity period for the new plantings, and the maintenance at all times of at least 20% of the existing trees on a lot in the existing state.
D.
Conflict with other laws. Notwithstanding anything
in this chapter to the contrary, no tree removal shall be permitted
where prohibited by the Zoning Ordinance[3] (e.g., buffer zones and landscaping provisions) or any
other municipal, state or federal statute, ordinance or regulation.
E.
Action. The Borough Enforcement Officer, or authorized
designee, must respond to all applications within 15 business days.
This time period may be extended at the discretion of the Borough
Administrator upon evidence of extenuating circumstances or other
just cause.
F.
Hardship appeal. In the event that an applicant believes the standards set forth in Subsection A above constitute a hardship which prohibits a reasonable use of all or substantially all of the property in question, an applicant may apply to the Planning Board of the Borough of Caldwell for approval of an alternate plan, following the established rules of application for such Board.
A.
In connection with any construction, subsequent to
tree clearing but prior to a building permit or start of construction,
snow fencing or other protective barrier acceptable to the official
charged with the administration and enforcement of this chapter shall
be placed around trees that are not to be removed. The protective
barriers shall be placed at least five feet from the trunk of any
tree and shall remain in place until all construction activity is
terminated. No equipment, chemicals, soil deposits or construction
materials shall be placed within any area so protected by barriers.
Any landscaping activities subsequent to the removal of the barriers
shall be accomplished with light machinery or hand labor.
B.
No person shall:
(1)
Cut down or remove trees except as permitted in this
chapter or allow or cause such cutting or removal.
(2)
Cause or allow any willful damage, injury or disfigurement of any tree growing within the Borough. For purposes of this subsection, the actions of any person shall be deemed willful if the damage, injury or disfigurement of any tree is caused as a result of but not limited to the following: cutting, gashing or slitting of any tree; or on the nearby ground; the construction or placement of any nonporous material on the ground around any tree so as to cut off air, light or water from the roots; or the placement or removal of any soil from within five feet of any tree or ornamental tree as defined in § 227-3 above.
[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.
