Cresskill City Zoning Code
ARTICLE XV
Landscaping
§ 275-65 Applicable supplementary regulations.
The following supplementary landscape requirements shall apply.
§ 275-66 General provisions.
A.
Generally. All building lots in all zones shall be suitably landscaped, except for areas covered by buildings or surfaced as parking or service areas. Whenever a nonresidential use is adjacent to the side or rear lot line of a lot in a Residence or a Professional Office Zone, there shall be planted along such lot line or buffer area, when required, evergreen trees or thick bushes or hedges of such type and spacing as required by the Planning Board, of an initial height of not less than four feet, except as provided for in § 275-70, and ultimately adequate to screen all operations on such nonresidential lot. All required landscaping shall be properly maintained throughout the life of any use on any lot. Existing walls, trees or landscaping within 20 feet of a street in a Residence or Professional Office Zone shall not be removed except with the approval of the Planning Board.
B.
Buffer zones adjacent to R-10, R-15, R-40 and R-SC Zones. All lots in C and P Zones which are adjacent to a rear or side lot line or directly across the street from an R-10, R-15, R-40 or R-SC zone shall have buffer areas, which shall be a fully landscaped area without any building, sign, parking or loading spaces or any other primary or accessory structure or use, except a driveway or an open fence of not more than six feet in height. The buffer areas shall have the following widths along such lot lines:
[Amended 8-1-1989 by Ord. No. 8915-1018; 7-21-1999 by Ord. No. 99-6-1207]
Buffer Areas | ||
|---|---|---|
Zone | Side and Rear Yards (feet) | Front Yards (feet) |
C | 10 | 10 |
P | 10 | 10 |
C.
Buffer areas adjacent to P Zone. All lots in the C Zone which are adjacent to a rear or side lot line of a P Zone shall have a buffer area, which shall be a fully landscaped area without any building, sign, parking or loading spaces or any other primary or accessory structure or use, except a driveway or an open fence of not more than six feet in height. The buffer areas shall have the following width along such lot lines:
[Amended 7-21-1999 by Ord. No. 99-6-1207]
Buffer Areas | ||
|---|---|---|
Zone | Side and Rear Yards (feet) | Front Yards (feet) |
C | 5 | 5 |
§ 275-66.1 Tree removal.
[Added 2-21-2018 by Ord. No. 18-02-1514; amended 4-18-2018 by Ord. No. 18-06-1518; 11-6-2019 by Ord. No. 19-16-1547; 4-17-2024 by Ord. No. 24-05-1641; 7-16-2025 by Ord. No. 25-14-1670]
A.
General provisions. The following shall apply to the removal of all trees within the borders of the Borough of Cresskill and is hereby incorporated into all sections and subsections of this section.
B. APPLICANT BUFFER ZONE CLEAR CUTTING CRITICAL ROOT RADIUS (CRR) DANGEROUS DEAD DIAMETER AT BREAST HEIGHT (DBH) HAZARDOUS/HAZARDOUS TREE(1) (2) (3) (4) (5) MAJOR TREE(s) MINOR TREE(s) PERSON PLANTING STRIP RESIDENT SICK OR DECEASED STREET TREE TREE TREE CALIPER TREE REMOVAL
Definitions. The following terms used in this section shall have the meanings indicated:
Any "person", as defined below, who applies for approval to remove tree regulated under this section.
The outer 10 feet of the rear yard setback and the outer five feet of each side yard setback.
The removal of five or more trees within a 365 day period, with a diameter of greater than 10 inches as measured four feet in height.
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 six-inch DBH would have a CRR 6 feet x 1.5 feet = 9 feet.
Such a condition of any tree which may cause a substantial risk of foreseeable injury.
The cessation of the tree's life as certified by a licensed tree care operator (See N.J.S.A. 45:15 C-12 et seq. and N.J.A.C. 7:3A-3.6 et seq.)
The diameter of the trunk of a mature tree generally measured at a point 4 1/2 feet aboveground 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.
Condition of the tree whose existence exposes injury to person or damage to the property. A Tree or limbs thereof that meet one or more of the criteria below. Tree that do not meet any of the criteria below are proposed to be removed solely for development purposes are not hazard trees:
Has an infectious disease or inset 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).
A deciduous tree with a mature height of at least 50 feet which should be a caliper of at least three to 3 1/2 inches measured at size inches above the ground when planted.
An evergreen tree, ornamental tree or other small tree at least eight feet in heigh at the time of planting.
Any individual, resident, corporation, utility, company, partnership, firm or association.
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.
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 section is removed or proposed to be removed.
A tree shall be categorized as "sick or diseased" upon certification of a licensed tree care operator (N.J.S.A. 45:15 (C-12 et seq.) and N.J.A.C. 7:
A tree planted in the sidewalk, planting strip, and/or in the public right-of-way adjacent to (or specified distance from) 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, pedestrians' refuges).
A wood perennial plant, typically having a single stem or trunk growing to a considerable height and bearing lateral branches at some distance from the ground.
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.
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.
D.
Tree Replacement Requirements.
(1)
Tree Removed (DBH) | Tree Replacement Criteria |
|---|---|
DBH of 6" for all trees | Replant 1 tree with a minimum tree caliper of 2.5" for each tree removed |
DBH of 13" to 22.99" | Replant 2 trees with minimum tree calipers of 2.5" for each tree removed |
DBH of 23" to 32.99" | Replant 3 trees with minimum tree calipers of 2.5" for each tree removed |
DBH of 33" or greater | Replant 4 trees with minimum tree calipers of 2.5" for each tree removed |
(2)
Replacement alternatives. 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:
(3)
Only trees from the approved tree list, attached hereto as Exhibit A,[1] which is incorporated herein as if set forth in its entirety, are permitted to be planted in the Borough.
[1]
Editor’s Note: Exhibit A is included as an attachment to this Chapter.
E.
Exemptions.
(1)
Tree farms in active operation, nurseries, fruit orchards, and garden centers.
(2)
Properties used for the practice of silviculture under an approved forest stewardship or woodland management plan that is active and on file with the municipality.
(3)
Any trees removed as part of a municipal or state decommissioning plan. This exception only includes trees planted as part of the construction and predetermined to be removed in the decommissioning plan.
(4)
Any trees removed pursuant to New Jersey Department of Environmental Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved environmental cleanup or NJDEP approved habitat enhancement plan.
(5)
Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife.
(6)
Residents who remove less than four trees per acre within a five-year period.
[The number of trees removed is a rolling count across a five-year period. For Example, if three trees are removed in July 2023, the count resets to zero in July 2028. However, if one tree is removed in July 2023 and another in July 2025, the first tree will come of the count in July 2028 and the second in July 2030.]
(7)
All dead trees, diseased trees or trees in such decline that have no life expectancy needs to be certified by an arborist or tree expert.
F.
Inspections.
(1)
All tree inspections (excepting trees located on Borough property or within the Borough's right-of-way) shall be conducted by the Building Department which shall inspect every tree on the petitioned site and confirm every tree petitioned for removal.
(2)
All the inspections for trees located on Borough Property or within the Borough's right-of-way shall be conducted by the Department of Public Works.
(3)
All trees to be removed must be prominently marked at the time of permit application with orange spray paint.
(4)
All tree replacement must be planted within one year of application and must be in a healthy condition upon inspection.
G.
New construction.
(1)
In addition to the provisions contained herein as set forth above, the following shall apply to all trees within the borders of the Borough of Cresskill that are affected by new construction.
(2)
Clearcutting.
(a)
There shall be no clearcutting of trees during any phase of new construction except:
[1]
Clearcutting of trees within the building's footprint may be permitted during any phase of new construction without payment of the permit fee (but applicant would still be required to pay the administrative fees).
[2]
Within 15 feet of the building foot print as permitted by either the Zoning Board of Adjustment or Planning Board.
(b)
If an applicant applies for a new construction building permit within six months of applying for a tree removal permit for the same lot, there shall be an additional administrative fee of $300.
(3)
Additional site plan or building permit requirements for nonresidential use.
(a)
Whenever a nonresidential use is adjacent to the side or rear lot line of a lot in a residential or a professional office zone, there shall be planted along such lot line or buffer area evergreen trees or thick bushes or hedges of such type and spacing as required by the Planning Board and/or the Zoning Board of Adjustment, of an initial height of not less than four feet, except as provided for in § 275-70, which will adequately screen all operations on such nonresidential lot. All of the foregoing planting shall be properly maintained throughout the life of any use on all lots.
(b)
Upon good cause shown, Planning Board and/or Zoning Board of Adjustment may waive the requirement that removed trees be replanted in the buffer zones.
(c)
All trees proposed to be removed in excess of 10 feet in height shall be delineated on a topographical survey.
(d)
Applicant shall be required to pay the Borough Engineer's inspection fee in an amount not to exceed $500.
H.
Existing commercial structures.
(1)
In addition to the provisions noted herein, the following shall apply to all trees within the borders of the Borough of Cresskill that are located on lots with existing commercial structures;
(2)
Requirements.
(a)
The Building Department shall have the Jurisdiction to waive the permit fee associated for trees sanctioned for removal within 10 feet in any direction of the main structure, excepting trees located in buffer zones. The applicant shall be subject to all other required fees;
(b)
No trees may be removed in buffer zones without a permit;
(c)
Buffer zones adjacent to R-10, R-15, R-40, and R-SC Zones. All lots in C and P Zones which are adjacent to a rear or side lot line or are across the street from an R-10, R-15, R-40, or R-SC Zones shall have buffer zones, which shall be fully landscaped areas without any buildings, signs, parking or loading spaces or any other primary or accessory structures or uses, except driveways or an open fence of not more than six feet in height. The buffer zones shall have the widths along such lot lines as set forth herein.
I.
Existing residential structures.
(1)
In addition to the provisions contained herein as set forth above, the following shall apply to all trees within the borders of the Borough of Cresskill that are located on lots with existing residential structures.
(a)
For good cause shown, the Building Department shall have the jurisdiction to waive the permit fee associated for trees permitted to be removed within 10 feet of any direction of the residential structure. The applicant shall be subject to all other required fees;
J.
Vacant lots. In addition to the provisions contained herein as set forth above, no tree located on a vacant lot with a diameter greater than 10 inches as measured at four feet of height may be removed without a permit.
K.
Tree(s) located within a Right-of-Way ("ROW").
(1)
The Borough is not responsible for any evergreen trees planted within the ROW.
L.
Emergency situations.
(1)
In addition to the provisions contained herein as set forth above, any tree within the borders of the Borough of Cresskill may be removed without a permit if an emergency exists such that a licensed tree care operator, as soon as practical, but in any event, not more than three business days, after removal, certifies that the condition of the tree was either "dead," "dangerous," "hazardous," or "sick or deceased" that there was not enough time to obtain a permit, that the tree was an imminent danger to public safety or to property and provides photographic proof of same. Application for a retroactive permit must be made in conjunction with the submitted certification.
(2)
Notice; authority to proceed.
(a)
In the event the Borough has been given notice, and after issued confirmation that a tree is dying dead or diseased and deemed a hazardous tree, as defined herein, the Building Department and/or Construction Code Official may issue a notice of violation and order to abate the hazardous situation.
(b)
The Construction Code Official is authorized to proceed, based on the authority conferred by the Cresskill Property Maintenance Code § 202-10I (property to be kept free of nuisance conditions) and pursuant to § 202-3 any physical condition on a property which is potentially dangerous or detrimental to the life, health or safety of persons on or near property containing the nuisance.
(3)
Enforcement authority. Pursuant to the Borough Code § 202-12, the Construction Code Official or his designee is designated with the enforcement of this section.
(4)
Enforcement procedure.
(a)
The Construction Code Official or his designee can issue a notice of violation and order to abate the nuisance with hazard per Borough Code § 202-4B and § 202-7.
[1]
This order shall direct the property owner and/or tenant (if applicable) to remove the tree within 10 days or sooner if it is determined that an emergency condition exists, pursuant to this Section and/or Code § 202-4.
[2]
If the order is not met with compliance:
[a]
Construction Code Official or his designee may issue summons for violation of Borough Code § 202-10I every day noncompliance continues; and/or
[b]
The Construction Code Official or his designee can engage a qualified private contractor to remove the tree (provided the cost does not exceed the bid threshold) and submit a certification of costs incurred to the governing body. By resolution, the governing body may authorize the Tax Collector to lien the property, including the cost incurred in the property's next tax assessment, and collect the tax due in the ordinary manner. Such action is authorized by Borough Code § 202-13E and § 202-16, and pursuant to N.J.S.A. 40:48-2.12(f) and N.J.S.A. 40:48-2.14.
M.
Appeals from denial of permits. The applicant may only appeal the decisions of the Building Department pursuant to N.J.S.A. 40:55D-70(A):
"Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of an Administrative Officer of the Municipality based on or made in the enforcement of the Zoning Ordinance or Official Map."
N.
Municipal Court.
(1)
All summons issued shall be presented before the Borough's municipal court judge.
(2)
Fines.
(a)
On the finding of guilt, the Judge shall levy the following fine(s) plus Court costs on any liable person or entity.
(3)
Failure to obtain a permit:
(a)
First Offense: Not less than two nor more than 10 times the combined amount of the permit, plus Court costs and administrative fees;
(b)
Second Offense: Not less than five times nor more than 15 time the amount of the permit, plus Court costs and administrative fees;
(c)
Third Offense: $5,000 per day starting on the day of the offense until the earlier of
(d)
Fourth offense: Mandatory 10 days incarceration in the Bergen County Jail plus the fines enumerated for a third offense.
§ 275-66.2 Planting or growing bamboo within the Borough.
[Added 6-21-2023 by Ord. No. 23-17-1618]
A.
Purpose and intent. The purpose of this section is to preserve and protect private and public property from the damaging spread of running bamboo grasses and to protect indigenous plants and the wildlife they support from the invasive spread of any bamboo plant or subspecies from any neighboring property line.
B. BOROUGH BUFFER ZONE NOTICE RECEIPT OF NOTICE RUNNING BAMBOO RUNNING BAMBOO PROPERTY OWNER(S)
Definitions. As used in this section, the following terms shall have the meanings indicated:
Shall refer to Borough of Cresskill, Bergen County, New Jersey.
A distance of at least 100 feet from any lane, street or road, whether public or private, or from any neighboring property.
Any written notice by, from or behalf of the Borough: 1) notifying the running bamboo property owner(s) that they are in violation of this section and 2) directing them to cure or reverse the violation within 10 days. Such notice shall be sent by certified mail, return receipt requested, addressed to the owner(s) listed on the current tax address on file with the Borough or personally served on the property owner or tenant. In lieu of mail service, the Borough may post a copy of the notice on the property in question.
Shall be the date of mailing the notice, or, if applicable, the date of personal serving or posting of the notice in the property in question, whichever is earlier.
Any monopodial (running) woody grass from the genera of bamboos, including, but not limited to, Bambusa, Phyllostachys and Pseudosasa, as well as common bamboo, golden bamboo, and arrow bamboo.
Any property owner(s) or tenant(s) who has running bamboo on their property, even if the bamboo has spread onto their property from an adjoining property.
C.
No planting of running bamboo.
(1)
The planting of running bamboo is prohibited in the Borough as of the effective date of this section.
(2)
Any existing running bamboo, unless it meets the property distance requirements may not be replanted or replaced after having died and in any event shall be immediately removed.
(3)
Any person who plants or replants running bamboo within the Borough after the effective date of this section shall be in violation of this section and shall be subject to the penalties set forth herein, subject to the following exceptions:
(a)
The root system of such running bamboo is entirely contained within an aboveground planter and located so as to entirely prevent the spread or growth of the bamboo plants' root system beyond the container in which it is planted; or
(b)
The root system is contained within a barrier, constructed in accordance with the following specifications:
[1]
The barrier itself shall be composed of a high-density polypropylene or polyethylene, with a minimum thickness of 40 mm;
[2]
Each portion of the barrier itself shall be joined together by the use of stainless strips or clamps; and
[3]
The barrier shall be a minimum of 30 inches deep, with two inches to three inches of the barrier protruding above ground level around the entire perimeter of the bamboo;
[4]
When installed, the barrier shall slant outward from the bottom to top.
(c)
Whether planted or growing in a container, as described herein, all bamboo plants shall be located, trimmed and maintained so that no part of the plant shall be closer than 100 feet from any property line.
D.
Regulation of and limitations on existing running bamboo.
(1)
Any running bamboo already in existence on any property within the Borough as of the effective date of this section shall be removed unless the plants comply with buffer zone or potting requirements as stated in the state statute and this section.
(2)
Running bamboo property owner(s) shall take all necessary measures to ensure that any running bamboo on their property does not exist withing any buffer zone. Such measures shall include, but are not limited to, cutting down running bamboo existing in the buffer zone and physically removing or damaging the rhizomes and removing any regrowth for several years until the running bamboo is dead and, if running bamboo is present outside the buffer zone, the property owner shall install sheathing compromised of as more fully described in Subsection C(3)(b)[1] through [4] and install same not less than 100 feet from the property line at a sufficient depth to prevent any growth of running bamboo within any buffer zone.
(3)
This section shall not be deemed to altar any rights at common law or otherwise that any property owner may have to recover the cost of removal of running bamboo on their own property from another property owner from whose property the running bamboo has spread.
E.
Enforcement. This chapter shall be enforceable by the Code Enforcement Officer or Health Officer and shall apply to all properties and premises within the Borough.
F.
Violations and penalties.
(1)
Whenever running bamboo is found planted in the ground or otherwise on any property or premises in the Borough in violation of this chapter, a notice shall be given to the running bamboo property owner to abate the violation within 10 days. This provision shall not apply to any property or premises in the Borough as described in Subsection C(3)(a).
(2)
The cost of the abatement shall be borne by the running bamboo property owner.
(3)
If the running bamboo property owner fails to commence with compliance with the notice within the ten-day period, the Code Enforcement Officer or Health Officer may order the removal or otherwise control the invasive plant species and the Borough may thereafter recover the cost of such removal from the running bamboo property owner and lien the property to recover the cost of the removal, upon adoption of a resolution authorizing the lien.