Cliffside Park City Zoning Code
ARTICLE XIII
Professional Review of Landscape Plans/Tree Removal in Right-of-Way for Developmental Applications
§ 18-13.1 Application Completeness Checklist.
[Ord. No. 2009-21, § 2]
The Municipal Zoning Office shall prepare and designate an application completeness checklist. A condition precedent to application completeness is the submission of a landscaping plan and tree removal escrow. A certified landscape plan must be submitted with the development application or permit application. If either the landscape plan and/or the tree removal escrow have not been submitted, a "completeness" letter will not be issued.
§ 18-13.2 Escrow Fee for Each Landscape Plan.
[Ord. No. 2009-21, § 2]
A five hundred ($500.00) dollar escrow will be required to address the cost to review each landscape plan; this fee shall include two (2) site inspections by the Borough Planner.
§ 18-13.3 Escrow Fee-All Multi-Family and Commercial Developments.
[Ord. No. 2009-21, § 2]
A landscape escrow of seven hundred fifty and ($750.00) dollars will be required for all multi-family and commercial developments.
§ 18-13.4 Escrow Fee-All Single- and Two-Family Developments.
[Ord. No. 2009-21, § 2]
A five hundred ($500.00) dollar escrow will be required for all single- and two-family development applications not requiring Municipal Board approval.
§ 18-13.5 Certificate of Occupancy Required.
[Ord. No. 2009-21, § 2]
The construction of any item noted on the landscaping plan shall be completed prior to the issuance of Certificate of Occupancy. If, due to inclement weather, the landscaping plan cannot be completed, a temporary Certificate of Occupancy may be granted; however, the escrow will only be released once the landscape plan has been accepted by the Borough and a Certificate of Occupancy has been issued.
§ 18-13.6 Escrow Fee for Tree Removal Required in Construction Process.
[Ord. No. 2009-21, § 2]
If upon submission of proposed construction plans, the Zoning Officer determines that tree(s) within the Borough right-of-way must be removed in the construction process, then the applicant shall post an escrow of six hundred ($600.00) dollars per each proposed tree to be removed. The applicant shall be required to plant replacement tree(s) (caliper width 2.5 to 3 inches per tree) per the approved landscaping plan. The Borough shall not issue a permanent Certificate of Occupancy until the trees are replaced or in the alternative, the Borough shall retain the escrow and replace the trees per the landscaping plans. The cost of compliance shall be limited to six hundred ($600.00) dollars per tree.
§ 18-13.7 Fees to Be Modified by Resolution.
[Ord. No. 2009-21, § 2]
All fees noted in this Article may be modified by Council resolution.
§ 18-13.8 Tree Removal-Replacement Ordinance.
[Ord. No. 2016-09; amended 2-6-2024 by Ord. No. 2024-03]
a.
Purpose. A subsection to establish requirements for tree removal and replacement in Borough of Cliffside Park to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare.
b. APPLICANT CLIFFSIDE PARK TREE CONSERVATORY FUND CRITICAL ROOT RADIUS (CRR) DIAMETER AT BREAST HEIGHT (DBH) HAZARD TREE1. 2. 3. 4. 5. PERSON PLANTING STRIP PROPER JUSTIFICATION RESIDENT STREET TREE TREE TREE CALIPER TREE REMOVAL
Definitions. For the purpose of this subsection, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this subsection clearly demonstrates a different meaning. When consistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The use of the word "shall" means the requirement is always mandatory and not merely directory.
Means any "person," as defined below, who applies for approval to remove trees regulated under this subsection.
Means a monetary fund established for the purpose of receiving cash contributions as a result of the need for tree replacement. This fund shall be separately maintained by the Borough for the purpose of reestablishing and maintaining tree cover through the Borough or for other purposes, as determined by the Mayor and Council, not inconsistent with the purposes of this article.
Means the zone around the base of a tree where the majority of the root system is found. This zone is calculated by multiplying the diameter at breast height (DBH) of the tree by 1.5 feet. For example: a tree with a 6" DBH would have a CRR = 6"x1.5' = 9'.
Means the diameter of the trunk of a mature tree generally measured at a point 4 1/2 feet above ground level from the uphill side of the tree. For species of trees where the main trunk divides below the 4 1/2 foot height, the DBH shall be measured at the highest point before any division.
Means a tree or limbs thereof that meet one or more of the criteria below. Trees that do not meet any of the criteria below and are proposed to be removed solely for development purposes are not hazard trees.
Has an infectious disease or insect infestation;
Is dead or dying;
Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective;
Is causing obvious damage to structures (such as building foundations, sidewalks, etc.); or
Is determined to be a threat to public health, safety, and/or welfare by a certified arborist or licensed tree expert (LTE).
Means any individual, resident, corporation, utility, company, partnership, firm, or association.
Means the part of a street right-of-way between the public right-of-way and the portion of the street reserved for vehicular traffic or between the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk.
Means photos or statements from NJ licensed tree expert as per N.J.S.A. 45:15C-11 or arborist.
Means an individual who resides on the residential property or contractor hired by the individual who resides on the residential property where a tree(s) regulated by this subsection is removed or proposed to be removed.
Means a tree planted in the sidewalk, planting strip, and/or in the public right-of-way adjacent to-the portion of the street reserved for vehicular traffic. This also includes trees planted in planting strips within the roadway right-of-way, i.e., islands, medians, pedestrian refuges.
Means a woody perennial plant, typically having a single stem or trunk growing to a considerable height and bearing lateral branches at some distance from the ground.
Means the diameter of the trunk of a young tree, measured six inches from the soil line. For young trees whose caliper exceeds four inches, the measurement is taken 12 inches above the soil line.
Means to kill or to cause irreparable damage that leads to the decline and/or death of a tree. This includes, but is not limited to, excessive pruning, application of substances that are toxic to the tree, over-mulching or improper mulching, and improper grading and/or soil compaction within the critical root radius around the base of the tree that leads to the decline and/or death of a tree. Removal does not include responsible pruning and maintenance of a tree, or the application of treatments intended to manage invasive species.
c.
Regulated activities.
1.
Optional application process.
(a)
Any person planning to remove a street tree, as defined as tree removal, with DBH of 2.5" or more or any non-street tree with DBH of 6" or more on their property shall submit a tree removal application to the Zoning Official. No tree shall be removed until municipal officials have reviewed and approved the removal. Applicants will be subject to an application fee as per the Table below.
2.
Tree replacement requirements.
(a)
Any person who removes one or more street tree(s) with a DBH of 2.5" or more, unless exempt under paragraph d shall be subject to the requirements of the Tree Replacement Requirements Table below.
(b)
Any person, who removes one or more tree(s), as defined as tree removal, with a DBH of 6" or more per acre, unless otherwise detailed under paragraph d, shall be subject to the requirements of the Tree Replacement Requirements Table. The species type and diversity of replacement trees shall be in accordance with Appendix A.[1] Replacement tree(s) shall:
(1)
Be replaced in kind with a tree that has an equal or greater DBH than tree removed or meet the tree replacement criteria in the table below;
(2)
Be planted within 12 months of the date of removal of the original tree(s) or at an alternative date specified by the municipality;
(3)
Be monitored by the applicant for a period of two years to ensure their survival and shall be replaced as needed within 12 months; and
(4)
Shall not be planted in temporary containers or pots, as these do not count towards tree replacement requirements.
Tree Replacement Requirements Table: | |||
|---|---|---|---|
Category | Tree Removed (DBH) | Tree Replacement Criteria (See Appendix A) | Application Fee |
1 | DBH of 2.5" (for street trees) or 6" (for non-street trees) to 12.99" | Replant 1 tree with a minimum tree caliper of 1.5" for each tree removed | $200 per tree to the Tree Conservatory Fund |
2 | DBH of 13" to 22.99" | Replant 2 trees with minimum tree calipers of 1.5" for each tree removed | $200 per tree to the Tree Conservatory Fund |
3 | DBH of 23" to 32.99" | Replant 3 trees with minimum tree calipers of 1.5" for each tree removed | $200 per tree to the Tree Conservatory Fund |
4 | DBH of 33" or greater | Replant 4 trees with minimum tree calipers of 1.5" for each tree removed | $200 per tree to the Tree Conservatory Fund |
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
3.
Replacement alternatives:
(a)
If the municipality determines that some or all required replacement trees cannot be planted on the property where the tree removal activity occurred, then the applicant shall do one of the following:
(1)
Pay a fee of up to $500 per tree removed. This fee shall be placed into a fund dedicated to tree planting and continued maintenance of the trees.
d.
Enforcement. This subsection shall be enforced by the Zoning Official during the course of ordinary enforcement duties.
e.
Violations and penalties. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to a fine of up to $2,000.