Zoneomics Logo
search icon

Englewood Cliffs City Zoning Code

§ 30-22.9

Tree Replacement Plan.

[Ord. #2000-04, § 9; Ord. #2005-11; Ord. #2006-08]
As part of its review and approval process, the approving authority may require the applicant to replace trees where removal has been permitted or where removal has been undertaken in violation of this section. Replacement shall be at the applicant's sole cost and expense. The approving authority shall in all cases give due consideration to the character of the subject property and the ability of the land to accommodate replacement trees, and may vary or waive the replacement guidelines if the literal enforcement is impractical or will exact undue hardship because of conditions peculiar to the property in question. Subject to the above, the following guidelines shall apply:
a. 
Height. Replacement trees shall have a height of at least 10 feet or 50% of the height of the removed tree, whichever is greater, at the time of planting. A replacement tree need not exceed 12 feet in height.
b. 
Diameter. Caliper measured at a point four feet above the natural grade. Replacement trees shall have a diameter of at least 33.3% of the removed trees. A replacement tree need not exceed 10 inches in diameter.
c. 
Species. A deciduous or coniferous tree shall be replaced by one or more trees of the same species unless determined otherwise by the approving authority.
If the applicant asserts that planting replacement trees on the property in question would be inappropriate and the approving authority agrees, the applicant in lieu of planting trees may be permitted to pay the Borough for each such tree, the sum of $500 or $1,000 as specified in the following paragraph, dependent upon the circumstances. These funds shall be used for the purposes of planting shade trees or other trees on Borough-owned property or other trees in the Borough. The enforcing officer may waive these costs dependent upon the circumstances pursuant to this section, particularly in regard to the initial impracticability or hardship because of the conditions peculiar to the property in question.
For all trees of up to 18 inches in diameter, a replacement tree which is not to be replanted on site shall require a payment of $500. If the tree exceeds 18 inches in diameter, the fee shall be increased to $1,000.
Replacement in any instance is not to be considered a penalty, but rather an implementation of the purpose of this section. It shall not be a substitute but shall be in addition to any penalty imposed for violation of the provisions of this section.