ORDINANCE

O-19-2023
BOROUGH OF NORTH CALDWELL, ESSEX COUNTY, NEW JERSEY

AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL

ORDINANCES OF THE BOROUGH OF NORTH CALDWELL, COUNTY OF ESSEX,
STATE OF NEW JERSEY, VARIOUS SECTIONS OF CHAPTER 96 REGARDING
TREES: REMOVAL AND DESTRUCTION
WHEREAS, the Borough Administrator has recommended the
Borough of North Caldwell (the “Borough”) update certain aspects
of the Borough Code to more accurately reflect changes within
the Borough regarding Tree Removal and Destruction.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of
the Borough of North Caldwell, County of Essex, State of New
Jersey as follows:
1. Chapter 96-2 of the Code of the Borough of North Caldwell,
Trees: Removal and Destruction, be and is hereby amended as
follows:

Definitions:
BOARD
The Planning Board or the Zoning Board of Adjustment, as
the case may be.

REPLACEMENT TREE
A healthy nursery-grown tree and as more fully described in
§ 96-7(G)

2. Chapter 96-3 of the Code of the Borough of North Caldwell,

Trees: Removal and Destruction, be and is hereby amended as
follows:
A. No tree for which a tree removal permit is required
shall be removed by any means unless such a permit is
granted.

B. Application for a permit for tree removal shall be

made by submission of the following:

3. Chapter 96-3.1 of the Code of the Borough of North

Caldwell, Trees: Removal and Destruction, be and is hereby
amended as follows:

B. All tree removal permit applications shall be endorsed

by a tree contractor registered by the Borough as
defined in § 96-9. No tree removal permit shall be
 issued without such endorsement of a tree contractor
holding a current valid registration from the Borough
with the exception provided in §96-9(E)

C. The enforcement officer has 15 business days to

respond to the permit application unless emergency
circumstances dictate otherwise.

4. Chapter 96-3.2 of the Code of the Borough of North

Caldwell, Trees: Removal and Destruction, be and is hereby
amended as follows:
B. Cutting down or removal of a nonviable tree, or a tree
that is an immediate hazard to structures or human
life or property (subject to completion of tree
removal application and approval of enforcement
officer). The property owner and tree removal company
shall bear full responsibility for documenting the
emergency condition or conditions which exist to
qualify for such exemption. For enforcement and
record-keeping purposes, every person removing one or
more nonviable or hazardous tree pursuant to this
exemption shall file a tree removal application form
with the enforcement officer on a form to be provided
by him or her, to document the tree(s) removed, date
of removal and associated emergency condition(s) which
shall be in a form certified by a licensed tree expert
and subject to the review and approval of the
Enforcement Officer. All tree removal application
forms shall be filed within five business days of the
removal of the tree(s). Any trees removed under the
false presumption of this exemption or without proper
evidentiary documentation shall be subject to
penalties as defined in § 96-10.

5. Chapter 96-3.3 of the Code of the Borough of North

Caldwell, Trees: Removal and Destruction, be and is hereby
amended as follows:

A. Permit fees are required for removal of protected

trees as follows:
1. One to ten trees: $250 per tree.
2. Eleven to twenty trees: $350 per tree.
3. Twenty-One or greater trees: $500 per tree.
B. No permits are required in connection with obtaining
an approved plan from the Planning Board.
C. If any tree to be saved in connection with
construction as set forth above or any replacement
tree planted pursuant to this chapter shall die within
 two years, it shall be replaced by the applicant or
the property owner within six months.

6. Chapter 96-7 of the Code of the Borough of North Caldwell,

Trees: Removal and Destruction, be and is hereby amended as
follows:
G. Replacement tree(s) shall meet the Required Actions in
Table below, and shall be planted within twelve (12)
months of the date of removal of the original tree(s).
Replacement tree(s) shall be monitored by the
applicant for a period of two (2) years to ensure
their survival and shall be replaced as needed within
twelve (12) months. Trees planted in temporary
containers or pots do not count towards tree
replacement requirements. Failure to complete the
Required Actions below or to maintain survival of
replacement trees for 24 months shall be considered
violations of the ordinance and may be subject to
penalties as defined in § 96-10.

Category Protected Tree Required Action

Removed (DPM)
1 Deciduous tree Replant 1 tree
with DPM utilizing native
greater than 6” noninvasive species
and less than from the Preferred
13” Tree List with
deciduous trees
having a DPM no less
than 2 1/2” and
evergreen trees no
less than 8’ in
height for each tree
removed
2 Deciduous tree Replant 2 trees
with DPM 13” or utilizing native
greater and noninvasive species
less than 23” from the Preferred
Tree List with
deciduous trees
having a DPM no less
than 2 1/2” and
evergreen trees no
less than 8’ in
height for each tree
 removed
3 Deciduous tree Replant 3 trees
with DPM 23” or utilizing native
greater and noninvasive species
less than 33” from the Preferred
Tree List with
deciduous trees
having a DPM no less
than 2 1/2” and
evergreen trees no
less than 8’ in
height for each tree
removed
4 Deciduous tree Replant 4 trees
with DPM 33” or utilizing native
greater noninvasive species
from the Preferred
Tree List with
deciduous trees
having a DPM no less
than 2 1/2” and
evergreen trees no
less than 8’ in
height for each tree
removed
5 Evergreen tree Replant 1 tree
greater than utilizing native
10’ in height noninvasive species
and less than from the Preferred
25’ in height Tree List with
deciduous trees
having a DPM no less
than 2 1/2” and
evergreen trees no
less than 8’ in
height for each tree
removed
6 Evergreen tree Replant 2 trees
equal to or utilizing native
greater than noninvasive species
25’ in height from the Preferred
Tree List with
deciduous trees
having a DPM no less
than 2 1/2” and
 evergreen trees no
less than 8’ in
height for each tree
removed

H. In lieu of providing a replacement tree, contribution(s) of

$1,000 per tree may be accepted by the Enforcement Officer
which shall be paid to the Tree Fund. The Tree Replacement
Fund shall be the repository of all monies paid to the
Borough pursuant to this article and may also accept
contributions for its purposes from private sources. The
primary purpose of said fund is to provide for the
replacement, planting and maintenance of trees and woody
shrubs on public property within the Borough (including
ground covers, grasses, ferns, vines, and forbs when they
are part of an ecological project using native plants).
Professional consultant fees for administrative and/or
consultant costs to implement the provisions of this
article, including but not limited to site inspections,
processing of permits, supervision of tree replacement, and
enforcement of this article, shall not exceed 30% of the
fund. Appropriations from the Tree Replacement Fund shall
be authorized by the Borough Administrator. In the event
twenty-one (21) or more trees are removed by the applicant,
the applicant shall be required to provide a replacement
tree for each tree removed and a contribution of $1,000.00
per tree to the Tree Fund.
I. A buffer zone of trees and shrubs shall encircle three
sides of an industrial or commercial area in accordance
with Borough Code Chapter 107, Zoning and Land Use. The
Planning Board shall require a larger buffer zone when
noise, size or height of the building or architectural
design of the development requires an increase and may
require a buffer of trees on all four sides.
J. Cluster development, commercial development and industrial
development shall consider the use of treeless areas, if
possible, for building sites. If it is necessary to develop
wooded areas or remove trees for proposed building sites in
the case of such developments, the Planning Board and/or
the Building Inspector may require tree planting in
treeless areas if feasible.
K. Trees in the area between the street line and the setback
line of the buildings shall be preserved to the greatest
extent possible.
L. Tree removal from any slope is prohibited if it will
contribute, in the opinion of the Planning Board or the
Building Inspector, to extra runoff of surface water onto
adjoining property and erosion and silting, unless other
means approved by the Borough Engineer are provided to
prevent runoff and erosion.
M. No tree removal is permitted that will create nuisance
lighting, expose vacant land, billboards, utility
substations, transmission towers, warehouses, junk yards,
landfill operations and other similar structures or
operations, except where trees are dead or diseased and/or
endanger life or property. However, vacant land may be
exposed if it is necessary to remove trees for building
sites or sewerage sites and more aesthetic values are
established.
N. No trees on public rights-of-way, parks or public areas are
to be removed by private individuals or utilities except as
approved by a board or officer designated by the Borough
Council.
O. Trees may be removed to clear for soil removal or landfill,
provided that the same amount of wooded area or the same
number of trees are replaced. If the finished operation is
planned to be used for other development, the replacement
of trees shall be a part of the subdivision plan or a site
plan submitted for approval by the Planning Board.

7. Chapter 96-8 of the Code of the Borough of North Caldwell,

Trees: Removal and Destruction, be and is hereby amended as
follows:

A. Whenever trees are replaced pursuant to this chapter, the

applicant shall post with the Borough Clerk a performance
bond for two years in an amount to be determined by the
Borough. The performance bond may be either in the form
of a cashiers' check or certified check made payable to
the Borough or in the form of a corporate surety
performance bond issued by a New Jersey corporation. No
performance bond shall be released except on
certification of the Enforcing Officer that the
replacement tree(s) remain healthy two years after
planting. If they are found at that time by the Enforcing
Officer or its agents to be healthy and capable of
surviving, and other performance requirements have been
met, then the Enforcement Officer shall order the bond
returned. If any trees are not at that point healthy, the
 tree(s) shall be replaced. The Enforcement Officer shall
have the authority to return 50% of the performance bond
after one year if the replacement tree(s) are observed to
be healthy and capable of surviving and all other
performance requirements have been met.

8. Chapter 96-9 of the Code of the Borough of North Caldwell,

Trees: Removal and Destruction, be and is hereby amended as
follows:
A. All tree contractors must register with the Borough of
North Caldwell and pay a $100 administration fee on an
annual basis in order to conduct business within the
Borough.

B. All tree contractors operating within the Borough

shall be licensed in accordance with the NJ Tree
Experts and Tree Care Operators Licensing Act;
maintain the required insurance; hold valid
registration with the Borough of North Caldwell; and
display proof of same on each of its vehicles
operating in the Borough.

C. All tree removal contractors shall carry and provide

proof of at least the following minimum insurance
coverage: $2,000,000 property damage and bodily injury
insurance per incident; $300,000 automobile insurance
per incident; and workers' compensation insurance in
such amounts as required by law. All tree removal
contractors shall require their insurers to provide
the Borough with a minimum of 30 days' advance notice
of the cancellation of any required coverage. Upon the
cancellation of any of the required insurance
coverage, the tree removal contractor's registration
shall automatically be suspended, and the tree removal
contractor shall thereafter be prohibited from
performing. Upon the submission of proof of
satisfactory proof of insurance coverage, licensure in
accordance with the New Jersey Tree Experts and Tree
Care Operators Licensing Act, and a certification that
the tree removal contractor has read, understands, and
will comply with all requirements of this rule, then
the Borough Clerk shall register the tree removal
contractor as approved to do business in the Borough.

D. At the time of registration, applicant shall provide

proof that they will comply with the provisions of the
Borough’s ordinances, including but not limited to
stormwater protection, noise, quality of life and tree
protection and waste disposal regulations.
 E. No endorsement or registration shall be required of
any owner, lessee or tenant of real property who shall
personally perform activities otherwise requiring an
endorsement or registration; except that all such work
must otherwise comply with the Borough’s ordinance.

F. Within 30 days of the adoption of this article, the

Borough Clerk shall deliver a copy of this article to
persons and entities known to be in the business of
maintaining, cutting, or removing trees within the
Borough.

G. Within 30 days thereafter, any company desiring to

conduct the business of removing trees within the
Borough shall register with the Borough.

H. The Borough makes no guarantee or representation

regarding the fitness, knowledge or qualification of
any person that is registered by the Borough as a tree
contractor.

9. Chapter 96-10 of the Code of the Borough of North Caldwell,

Trees: Removal and Destruction, be and is hereby amended as
follows:
Enforcing officer.
A. The enforcement officer shall be the person appointed
or charged by the Borough Council with enforcement of
this Chapter 96.
B. The enforcement officer may, on his/her own initiative
or on complaint of any individual, take action to
assure compliance with this chapter.
C. The enforcement officer has approval authority as
herein provided and may request expert assistance.

10. Chapter 96-11 of the Code of the Borough of North

Caldwell, Trees: Removal and Destruction, be and is hereby
amended as follows:

Appeals of permit application denials, enforcement

officer’s decision.

The enforcement officer has 15 business days to respond to

the permit application. Any person aggrieved by the
decision of the enforcement officer and by any other
officer, board or body may, pursuant to the provisions of
this chapter, within 10 days of the receipt of such
decision, appeal to the Planning Board. Such appeal shall
be taken by filing a written notice of appeal with the
 Planning Board, which notice of appeal shall set forth with
particularity the action appealed from. The Planning Board
shall set a time for the hearing of said appeal and, after
a hearing has been held thereon, may reverse, modify or
affirm the decision appealed from.

11. Chapter 96-12 of the Code of the Borough of North

Caldwell, Trees: Removal and Destruction, be and is hereby
amended as follows:

Violations and Penalties

A. Every protected tree, as defined in § 96-2, which has
been cut or removed in violation of the provisions of
this chapter shall constitute a separate offense.
B. No person shall cut down or remove any protected trees
(subject to exemptions) without a tree removal permit.
The penalty for violation of this section shall be:
(1) First offense: $1,000.00
(2) Second and subsequent offense: $2,000.00
(3) Third Offense: $600.00
(4) Fourth and subsequent offense: $1,000.00
C. In addition to the penalties set forth above, any
person subject to this chapter shall be subject to
tree replacement considerations by the enforcement
officer to replace all wrongfully removed trees.

INTRODUCED: November 28, 2023

PUBLIC HEARING:
ADOPTED:

Moved By:
Seconded By:
COUNCIL MEMBER YES NO ABSTAIN ABSENT COUNCIL MEMBER YES NO ABSTAIN ABSENT
ATLAS REES
FLORIA-CALLORI TILTON
KESSLER WEINSTEIN

_____________________________ _____________________________
TAMI MICHELOTTI, BOROUGH CLERK JOSHUA H. RAYMOND, MAYOR