Chapter 244. TREES
Article II. Protection of Trees
§ 244-16. Requirement for permit; exceptions.
[Amended 3-8-2001; 4-11-2002; 11-8-2005]
Except as provided for herein, no person, firm, corporation, or board shall cut, remove, injure or damage up to six trees per year (defined as a twelve-month period, not January to December calendar year) with a diameter in excess of six inches measured on said tree at a height of four feet above the level of the ground upon any property within the Borough of Allendale, unless he has first obtained a permit therefor, in accordance with the regulations and provisions of this article. If a person, firm, corporation, or board cuts, removes or damages six trees per year, he may not cut or remove any additional trees for a period of 12 months from the date of last tree cut or removed. The provisions of this section shall be retroactive for a period of 12 months immediately prior to the effective date of this article. Excepted from this shall be:
- All land-clearing operations as authorized in accordance with a site plan approval or subdivision approval and conditions imposed with respect to tree removal and planting granted by the Planning Board or Board of Adjustment of the Borough of Allendale in accordance with the provisions of N.J.S.A. 40:55D-20 (exclusive authority of Planning Board and Board of Adjustment). Under no circumstances shall clear-cutting be permitted on any property.
- Trees located on a commercial nursery or orchard.
- Any tree cut or removed for purposes of logging or tree farming in accordance with a management plan of the New Jersey Department of Environmental Protection, reviewed and approved by the Planning Board and Shade Tree Commission and filed on record in the office of the Borough Clerk.
- The cutting, pruning or trimming of trees in a manner which is not harmful to the health of the tree.
- The cutting, destruction or removal of trees which are diseased or dead or which endanger public safety, to be determined by the Property Maintenance Officer, following advice from the Shade Tree Commission. Alternatively, the homeowner may cut up to an additional 4 trees, for a total of 10 per year, only after obtaining the written opinion from a NJ Certified Tree Expert Arborist which confirms said trees are diseased or dead or endanger public safety, and the written opinion is presented to Borough prior to the start of any tree work. In that event, the homeowner shall bear all the costs associated with same.
- The cutting, removal or destruction of a tree as necessary to construct any structure for which a building permit has been issued by the Borough Construction Official.
- The cutting, removal or destruction of any tree pursuant to an order or directive of any municipal, county or state agency or court.
- Activities involving trees within the paved area of the public highways and public rights-of-way. The Shade Tree Commission shall review and approve the trees that are to be removed in the public right-of-way, public highway or publicly owned properties in areas that are not to be paved.
§ 244-17. Application for permit.
Chapter 120. FEES
- Any person, firm, corporation or board desiring to destroy, cut or remove any such tree(s) up to the aforesaid numbers and size(s) shall apply to the Borough of Allendale Property Maintenance Officer for a permit to remove such tree(s). The applicant shall state on the application:
[Amended 3-8-2001; 11-8-2005]
- Identify, by street, block and lot number, the land upon which the tree(s) is located.
- Provide the name, address and telephone number of the owner or duly authorized agent of said owner, where applicable.
- Identify and place on the site plan application the location of said tree(s) sought to be cut, removed or destroyed.
- Mark said tree(s) on site by visible, weatherproof and reasonably tamperproof means, said tree(s) not to be sprayed with paint or chemicals or otherwise permanently marked, damaged or defaced.
Article III. Zoning Fees
§ 120-23. Category; fees.
[Amended 2-9-2006; 3-12-2009; 7-23-2009]
The fees for various zoning activities and/or permits shall be as follows:
Category: Tree permits, pursuant to Chapter 244 (Articles I and II)