Harrington Park City Zoning Code
ARTICLE XII
Tree Preservation and Removal
[Added 7-17-1995 by Ord. No. 475]
[1]
Editor's Note: For additional tree removal regulations, see Ch. 320, Art. I, Tree Removal and Replacement.
§ 350-63 Purpose.
The purpose of this article is to discourage indiscriminate and excessive removal, cutting, and destruction of trees and to encourage conditions and practices which prevent increased surface drainage, sedimentation and soil erosion, decreased soil fertility, and post-construction mortality and provide adequate revegetation of the area with appropriate species after construction. On relevant land, as defined herein, it is the intent of this article for the applicant's professional design consultants to prepare and submit plans which consider and place a design priority on the preservation of existing vegetation and, in particular, trees. It is the further intent of this article that roadway alignment, building placement, proposed grading, utility installations and other site improvements be planned and designed with the preservation of existing trees as a major consideration. The ability to maximize or increase development density shall not be a legitimate cause to justify relief from provisions of this article.
§ 350-64 Definitions.
As used in this article, the following terms shall have the meanings indicated:
APPROVED TREE PLAN
A tree removal, preservation and planting plan which has been approved by the Borough of Harrington Park Planning Board.
COMMUNITY BUILDINGS
Churches, clubs, lodges or any such building used by any organized group or by the public generally.
DRIP LINE
An imaginary line from the tips of the outermost branches of a tree projected vertically to the ground.
ENFORCING OFFICER
The Construction Code Official shall be the enforcing officer for all approved tree plans.
PREFERRED TREES
Trees recommended by the New Jersey Bureau of Forest Management as best adapted to the climate, soil and topography of the Borough of Harrington Park. A listing of these trees is on file with the Harrington Park Borough Clerk.
RELEVANT LAND
A.
Any real property which:
(1)
Is or could be the subject of a major subdivision application, as is defined in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and this chapter;
(2)
Is the subject of a site plan application; or
(3)
Is located in the R-3 Zone and is the subject of a minor subdivision application consisting of three lots.
B.
Any other land located within the Borough of Harrington Park, regardless of zone. Tree removal on any land defined in this Subsection B shall be governed by § 350-73.
[Added 9-18-2006 by Ord. No. 597]
STREET TREE
Any tree within 12 feet of street pavement.
TREE
Any live, woody perennial having a diameter of six inches or greater measured at a point 4 1/2 feet above the ground (diameter at breast height).
TREE REMOVAL, PRESERVATION AND PLANTING PLAN
A plan of tree removal, preservation and/or planting prepared by the New Jersey Bureau of Forest Management, an approved forester by the New Jersey Bureau of Forest Management, a licensed landscape architect or, at the discretion of the Planning Board, a similarly qualified person.
§ 350-65 Exemptions.
Under this section, the following trees may be removed without filing a plan:
A.
Any tree removed in compliance with the Farmland Assessment Law.[1]
[1]
Editor's Note: See N.J.S.A. 54:4-23.1 et seq.
B.
Trees directed to be removed by municipal, county or state authority pursuant to law.
C.
Any tree which is part of a nursery, garden center, Christmas tree plantation, orchard or cemetery.
D.
Trees authorized to be removed at the discretion of the Harrington Park Construction Code Official for purposes of safety, maintenance or other reasons relating to the public health or general welfare.
§ 350-66 Compliance required.
No person shall cut, remove, plant or damage any tree upon any relevant land within the Borough of Harrington Park unless such removal and cutting is done in accordance with the provisions of this article.
§ 350-67 Tree removal, preservation and planting plans required.
A.
No person shall cut or remove any tree upon relevant land within the Borough of Harrington Park without first obtaining an approved tree plan.
B.
A tree removal, preservation and planting plan shall be filed with every application relating to relevant land for approval of a subdivision, site plan, planned development, conditional use or zoning variance or prior to any other development requiring tree removal or planting, except as otherwise provided in this article.
C.
Tree plan approval; guaranties.
(1)
No building permit with respect to relevant land shall be issued for site clearing, grubbing or the construction of any residential, commercial, industrial, recreational, or community buildings or accessory buildings unless the property owner or its designated agent first obtains an approved tree plan.
(2)
No permit shall be issued unless the applicant has filed with the Borough a performance guaranty sufficient in amount to equal the total cost to the Borough, as estimated by the Borough Engineer, of complying with the conditions of the approved tree plan, in the event that the applicant does not complete the work as approved. The form, sufficiency and execution of the performance guaranty shall be approved by the Borough Attorney. Posting of the guaranty shall be detailed and defined in any developer's agreement entered into by the Planning Board, the Borough and an applicant.
(3)
A maintenance guaranty shall be furnished by the applicant upon the release of the performance guaranty and/or the approval of the Borough Engineer evidencing that all work has been completed in accordance with the approved tree plan. The maintenance guaranty shall begin with the release of the performance guaranty and shall run for a period of two years pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. Provisions governing the maintenance guaranty shall be contained in the developer's agreement.
D.
No certificate of occupancy shall be issued unless tree removal and planting have been performed in accordance with the approved tree plan. Proof that all trees have been planted in accordance with the approved plan or that the plantings are insured by a valid performance guaranty shall be submitted to the Construction Code Official.
E.
The Borough of Harrington Park Environmental Commission may advise the Planning Board, in writing, of the adequacy of a tree removal, preservation and planting plan.
§ 350-68 Plan application procedure.
The procedure for applying for and issuance of an approved tree plan shall be as follows:
A.
Applications shall be filed with the Planning Board and shall be accompanied by the fee prescribed herein. Applications for exemptions shall be filed directly with the Borough Construction Code Official.
B.
The applications shall be made in duplicate and a copy shall be filed simultaneously with the Borough Engineer and the Borough Environmental Commission. The application shall show the following:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the relevant land.
(3)
The lot and block numbers of the relevant land, including a street address.
(4)
The purpose or reason for the application.
C.
Every application shall be accompanied by a map and exhibits showing:
(1)
Tax Map, lot and block number.
(2)
Area of the subject relevant land.
(3)
Tree survey of all existing trees.
(4)
Genus, species and size in inches of all trees involved.
(5)
General slope and topography of the relevant land.
(6)
Location of streams, water bodies and wetlands.
(7)
Map of locations and surrounding properties showing wooded areas.
(8)
A list of trees to be planted, as selected from the preferred trees list; identification of species to be used as street trees.
(9)
Tree removal plan and tree planting plan in relation to principal and accessory buildings, roads and driveways, parking lots, garden areas, etc., showing also the relation to survey stakes.
(10)
Location of buildings (site plan applications only).
(11)
Location of roads, driveways, parking lots, staging areas, recreation areas and garden areas, where applicable.
(12)
Grading plan.
(13)
Schedule for tree removal and planting.
(14)
Maps, as applicable, showing number, type and location of trees and wooded areas to be removed.
(15)
Any other information deemed pertinent to the application by the Planning Board, Borough Engineer or Construction Code Official.
D.
At the discretion of the Planning Board, the applicant shall provide alternative sketch plan layouts demonstrating that the layout adequately considers and makes provision for the preservation of existing trees.
E.
All trees on a subject site shall be flagged in the field for identification.
§ 350-69 Criteria for plan approval and compliance.
A.
If no area other than a wooded area or area with trees can be found to accommodate the building foundation, sewerage system, or well, meeting the approval of the enforcement officer, necessary tree removal shall be permitted.
B.
Any grading must protect standing trees from machine operation, soil storage or material storage by a distance equal to or greater than the dripline of the tree by means of a brightly painted snow fence or suitably visible alternative. Where some grading must take place within the dripline, in the opinion of the Planning Board, tree wells should be designed and constructed to preserve the trees. Any tree seriously damaged during construction must be professionally treated or replaced as deemed appropriate by the enforcing officer and/or the Borough Engineer.
C.
Any tree used in a required planting must be at least 2 1/2 inches caliper in diameter, must be nursery stock, balled and burlapped, and guaranteed for two years from the date of planting.
D.
The removed trees are to be replaced according to the following formula:
(1)
For removed trees between six inches and 16 inches:
Percentage of Trees Removed | Percentage of Removed Trees to be Replaced (with 2 1/2" trees or greater) | |
|---|---|---|
80% to 100% | 80% | |
60% to 79% | 60% | |
40% to 59% | 40% | |
20% to 39% | 20% | |
Less than 20% | 10% |
(2)
For removed trees of 16 inches or greater:
Existing Tree to be Removed (inches) | Number of Replacement Trees (minimum 2 1/2") | |
|---|---|---|
From 16 to 18 | 3 | |
From 18 to 21 | 4 | |
From 21 to 24 | 5 | |
From 24 to 27 | 6 | |
From 27 to 30 | 7 | |
From 30 to 33 | 8 | |
From 33 to 36 | 9 | |
From 36 to 39 | 10 | |
From 39 to 42 | 14 | |
From 42 and greater | 15 |
E.
Trees in the area between the street line and the setback line of the buildings shall be preserved to the greatest extent possible.
F.
Tree removal from any slope or environmentally sensitive area is prohibited if it will contribute, in the opinion of the Planning Board, to extra runoff of surface water onto adjoining property and erosion and silting, unless other means approved by the Bergen County Soil Conservation District are provided to prevent runoff and erosion.
G.
In the event that the replacement of the required number of trees cannot reasonably be achieved on site, the applicant may request or may be required by the Planning Board to contribute an amount equal to the cost of the replacement tree (including supply, delivery, installation and guarantee) to a fund established by the Borough for the purpose of tree maintenance, tree preservation, tree planting, and landscaping, and including the donation of trees to be planted within the Borough. Said amount referenced above shall be calculated by multiplying the current wholesale value of each unplanted tree by three. Wholesale value shall be determined by the applicant's submission of a current wholesale catalog (or dated copy thereof) from a regional nursery listing its price for pickup at the nursery. Failing such a submission by the applicant, the Planning Board may obtain such information on its own from any local wholesale nursery.
[Added 5-21-2001 by Ord. No. 546]
§ 350-70 Fees and escrows.
The applicant, at the time of filing an application for an approved tree plan, shall deposit with the Clerk of the Planning Board an amount determined herein payable to the Borough of Harrington Park. Applications which are filed together with other development matters, such as subdivision, site plan and/or variance, shall pay a fee equal to the sum of the fees for each required approval. In addition, the applicant shall escrow sufficient funds with the Borough Clerk for payment of the fees of all professionals whose services are required, including but not limited to any landscape architect or horticulturist retained by the Borough, the Borough Engineer, the Borough Attorney and the Planning Board Attorney. The escrow funds also shall be applied toward the cost of all required inspection fees incurred in connection with an approved tree plan.
A.
Application fees for an approved tree plan (minor subdivisions, major subdivisions, site plans): as provided in Borough Fee Schedule.[1]
[1]
Editor's Note: Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. III).
§ 350-71 Expenditure of monies from fund.
[Added 4-20-2005 by Ord. No. 580]
A.
The Mayor and Council, on their own initiative or upon the recommendation of the Harrington Park Environmental Commission, which recommendation shall not be binding upon the Council, may review, evaluate, consider and approve requests for the withdrawal of monies from the fund for projects within the Borough for the planting of trees, ornamentals and other such beautification initiatives.
B.
Upon approval of any such request for fund withdrawal, the Borough's Chief Financial Officer shall arrange for the payment of such project pursuant to the terms and conditions of such approval and subject to such other conditions as the Chief Financial Officer may impose for the release of such funds, including but not limited to vouchers.
§ 350-72 Penalties for unauthorized tree removal.
[Amended 4-18-2011 by Ord. No. 658]
A party who removes a tree on relevant land which is not permitted by an approved tree plan shall be subject to the fine in § 350-73G for each tree removed and shall be required to replace the tree removed in accordance with § 350-69D and G of this chapter.
§ 350-73 Large-scale clearing.
[Added 9-18-2006 by Ord. No. 597]
A.
Purpose. It is the purpose of this section to control and regulate the indiscriminate or excessive removal, large-scale clear-cutting and destruction of trees associated with new construction on single-family lots and to control and regulate and prevent conditions which cause an increase in stormwater runoff, sedimentation, soil erosion, or air or noise pollution or inhibit aquifer recharge or impair the ambiance or physical appearance of a neighborhood. The intent of this section is to limit the adverse impact of tree removal while not interfering with the right of a Borough property owner to appropriately remove trees in accordance with this section.
B.
Restrictions. No person shall:
(1)
Cut down or remove any tree or allow or cause such cutting or cut, destroy or injure any tree in any manner.
(2)
Place or maintain upon the ground any substance which will impede the free access of air and water to the tree's living components.
(3)
Apply any substance to any part of a tree, including roots, with the intention to injure or destroy the tree.
C.
Permitted activities:
(1)
The cutting, trimming or maintenance of trees in a manner which is not harmful to the health of the tree.
(2)
The removal of trees which are diseased, dead, partially or completely fallen by acts of nature, or which endanger the public safety.
(3)
The removal of trees necessary for permitted construction upon the land, provided that such construction proceeds with a duly issued construction permit issued by the Construction Code Official. Any tree not within the footprint of the proposed construction shall require a tree removal permit.
D.
Tree removal permit.
(1)
A tree removal permit shall be required for the removal of any tree not otherwise permitted in this § 350-73.
(2)
An application form, provided by the Borough of Harrington Park for tree removal, shall be submitted to the Zoning Officer, together with the required fee. The application shall contain:
(a)
The name and address of the applicant, the street address and tax lot and block numbers of the property in question and the number of trees to be removed.
(b)
The reason(s) for removing the tree(s).
(c)
A tree removal plan consisting of a diagram showing the location of all trees to be removed, the species of such trees and their diameters.
(d)
The location of all structures on the property.
(e)
The use of an existing survey shall be acceptable for purposes of the diagram.
(f)
A tree mitigation plan if the applicant proposes to plant new trees elsewhere on the property. Such plan shall set forth the species of trees, diameter and location on the property. A tree mitigation plan shall not be required but may be considered by the Zoning Officer in determining if a tree removal permit should issue.[1]
[1]
Editor's Note: Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. III).
(g)
An application fee as provided in Borough Fee Schedule.[2]
[2]
Editor's Note: Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. III).
(3)
The Zoning Officer shall either issue or decline the issuance of a tree removal permit within seven days from receipt of the application for tree removal.
(4)
No tree removal permit shall issue without the payment of the application fee.
E.
Standard for review. The Zoning Officer shall consider the following:
(1)
Physical inspection of the property from which the tree(s) is to be removed.
(2)
Whether the proposed removal would impair the growth and redevelopment of the remaining trees on the applicant's property or adjoining property.
(3)
Whether the proposed removal would change existing drainage patterns.
(4)
Whether the proposed removal would allow soil erosion or increase dust.
(5)
Whether the proposed removal would constitute a significant change in the screening between lots or would change the wooded aspect of the lot as viewed from the adjacent public road.
(6)
Whether the proposed removal would constitute a horticulturally advantageous thinning of an existing overgrown area.
(7)
The overall effect of removal of such tree(s) on the physical and aesthetic value of the property and the neighborhood.
(8)
Whether the proposed removal would remediate a safety hazard to persons or structures.
(9)
The applicant may submit any information in support of the application regarding the above-noted review criteria.
F.
Enforcement. The Zoning Officer is designated as the enforcing agent for this section.
G.
Penalty. Any tree removed contrary to the requirements of this article shall be a violation for which a summons may issue, returnable before the Municipal Court of Harrington Park. The fine for a violation shall be as set forth in Chapter 164, Fines and Penalties. Additionally, anyone found in violation of this article shall plant a replacement tree for each tree removed in violation hereof, at the discretion of the Court. Each tree removed shall be considered a separate offense.
[Amended 4-18-2011 by Ord. No. 658]
H.
Appeals. Any person aggrieved by the decision of the Zoning Officer shall have the right, within 10 days of the issuance of such decision, to appeal to the Planning Board. The Planning Board shall take such action as it may deem appropriate.
I.
Borough property. This section shall not apply to any property owned by the Borough of Harrington Park.
J.
Emergencies. In the event of an emergency, where a tree poses an immediate threat to the health, safety or welfare of the citizens of Harrington Park, or to any structure or property situate in Harrington Park, as determined by the Harrington Park Police Department, such tree may be removed immediately without need for a permit.[3]
[3]
Editor's Note: The following ordinances, originally adopted to amend the Zoning Ordinance, have been moved to Ch. 85, Affordable Housing, as Arts. I, II and III, respectively: Ord. No. 541 (adopted 3-19-2001); Ord. No. 608 (adopted 11-20-2006); and Ord. No. 623 (adopted 2-17-2007), as amended by Ord. No. 634 (adopted 12-15-2008).
