9-April-2024
BOROUGH
OF BOGOTA
WHEREAS,
Borough of Bogota is a participant of the Municipal Stormwater Management
Program, established by the New Jersey Department of Environmental Protection
(“NJDEP”); and,
WHEREAS,
the NJDEP has required that all participants in the program adopt an ordinance
that establishes the requirements for the removal and replacement of trees
within the Borough; and,
WHEREAS,
the aforementioned ordinance is a “Tier A” permit requirement, and must be
adopted in order for the Borough to remain a participant of the Municipal
Stormwater Management Program; and,
WHEREAS, Chapter 22 of the Bogota Borough
Code sets forth the codes and regulations for stormwater management within the
Borough of Bogota; and,
WHEREAS,
for the Borough to remain compliant with the Municipal Stormwater Management
Program, it must adopt the aforementioned ordinance by no later than May 1, 2024;
and,
WHEREAS,
the Mayor and Council wish to amend Chapter 22 of the Bogota Borough Code to
implement the ordinance required by the NJDEP, so that the Borough remains
compliant with the Municipal Stormwater Management Program.
NOW, THEREFORE, BE IT ORDAINED
by the Mayor and Council of the Borough of Bogota, that a new Section 11 be
added to Chapter 22 of the Bogota Borough Code, entitled “Tree
Removal-Replacement”, and shall read as follows:
§22-11.1 Purpose:
An
ordinance to establish requirements for tree removal and replacement in the
Borough of Bogota to reduce soil erosion and
pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public
health, safety, and welfare.
§22-11.2 Definitions:
For
the purpose of this ordinance, the following terms, phrases, words, and their
derivations shall have the meanings stated herein unless their use in the text
of this ordinance clearly demonstrates a different meaning. When consistent
with the context, words used in the present tense include the future, words
used in the plural number include the singular number, and words used in the
singular number include the plural number. The use of the word
"shall" means the requirement is always mandatory and not merely
directory.
A.
“Applicant”
means any “person”, as defined below, who applies for approval to remove trees
regulated under this ordinance.
B.
“Critical
Root Radius (CRR)” – means 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 6” DBH would have a CRR = 6”x1.5’ = 9’.
C.
“Diameter
at Breast Height (DBH)” means the diameter of the trunk of a mature tree
generally measured at a point four and a half feet above ground level from the
uphill side of the tree. For species of trees where the main trunk divides
below the 4 ½ foot height, the DBH shall be measured at the highest point
before any division.
D.
“Hazard Tree” means a tree or limbs
thereof that meet one or more of the criteria below, with such determination to
be made by the Borough’s Arborist upon request.
Trees that do not meet any of the criteria below and are proposed to be
removed solely for development purposes are not hazard trees.
1. Has
an infectious disease or insect infestation;
2. Is
dead or dying;
3. Obstructs
the view of traffic signs or the free passage of pedestrians or vehicles, where
pruning attempts have not been effective;
4. Is
causing obvious damage to structures (such as building foundations, sidewalks,
etc.); or
5.
Is determined to be a threat to public
health, safety, and/or welfare by a certified arborist or Licensed Tree Expert
(LTE).
E.
“Person”
means any individual, resident, corporation, utility, company, partnership,
firm, or association.
F.
“Planting
strip” means 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.
G.
“Resident”
means 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 ordinance is removed or proposed to be removed.
H.
“Street
Tree” means a tree planted in the sidewalk, planting strip, and/or in the
public right-of-way adjacent to 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, pedestrian refuges.
I.
“Tree”
means a woody perennial plant, typically having a single stem or trunk growing
to a considerable height and bearing lateral branches at some distance from the
ground.
J.
“Tree
Caliper” means the diameter of the trunk of a young tree, measured six (6)
inches from the soil line. For young
trees whose caliper exceeds four (4) inches, the measurement is taken twelve
(12) inches above the soil line.
K.
“Tree
removal” means 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.
§22-11.3 Regulated
Activities:
A. Tree Removal Requirements
1. The Borough of Bogota is accredited with the New
Jersey Urban and Community Forestry Program and has implemented a Community
Forestry Plan (the “NJUCFP Plan”), which covers tree care, removal and
replacement. The provisions of the
NJUCFP Plan are incorporated by reference in this Chapter, and shall apply to
any person who seeks to remove or replace a tree covered under its Sections, in
addition to the requirements set forth in this Chapter. A copy of the current NJUCFP Plan is
available for inspection or copy at the Borough Clerk’s Office.
2.
The provisions of Chapter 15 of the Borough Code
shall apply to any person who seeks to remove a tree covered under its
Sections, in addition to the requirements set forth in this Chapter.
B.
Tree Replacement Requirements
1.
Any
person who removes one or more street tree(s) with a DBH of 2.5” or more,
unless exempt under Section 22-11.4, shall be subject to the requirements of
the Tree Replacement Requirements Table below.
2.
Any
person, who removes one or more tree(s), as defined as Tree removal, with a DBH
of 6” or more per acre, unless otherwise detailed under Section 22-11.4, shall
be subject to the requirements of the Tree Replacement Requirements Table.
The species type and diversity of replacement trees shall be in
accordance with Appendix A.
Replacement tree(s) shall:
1. Be replaced in kind with a tree that has an equal or
greater DBH than tree removed or
meet the Tree Replacement Criteria in the table below;
2. Be planted within twelve (12) months of the date of
removal of the original tree(s) or at an alternative date specified by the
Borough;
3. 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; and
4. Shall not be planted in temporary containers or pots, as
these do not count towards tree replacement requirements.
|
Category |
Tree Removed
(DBH) |
Tree Replacement
Criteria (See Appendix A) |
|
1 |
DBH of 2.5” (for street trees) or 6” (for non-street
trees) to 12.99” |
Replant 1 tree with a minimum tree caliper of 1.5”
for each tree removed |
|
2 |
DBH of 13” to 22.99” |
Replant 2 trees with minimum tree calipers of 1.5”
for each tree removed |
|
3 |
DBH of 23” to 32.99” |
Replant 3 trees with minimum tree calipers of 1.5”
for each tree removed |
|
4 |
DBH of 33” or greater |
Replant 4 trees with minimum tree calipers of 1.5”
for each tree removed |
Tree
Replacement Requirements Table:
C.
Replacement Alternatives:
1.
If
the Borough 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:
a.
Plant
replacement trees in a separate area(s) approved by the Borough.
b.
Pay
a fee of Five Hundred ($500.00) Dollars per tree removed. This fee shall be placed into a fund dedicated to tree planting and
continued maintenance of the trees.
§22-11.4 Exemptions:
All
persons shall comply with the tree replacement standard outlined above, except
in the cases detailed below. Proper
justification shall be provided, in writing, to the Borough by all persons
claiming an exemption. Proper
justification may include photos or statements from a NJ licensed tree expert,
as per N.J.S.A. 45:15C-11 or an arborist:
A. Residents who remove less than four (4) trees
per acre that fall into category 1, 2, or 3 of the Tree Replacement Requirements Table within a
five-year period.
B. Tree farms in active
operation, nurseries, fruit orchards, and garden centers;
C. Properties used for the
practice of silviculture under an approved forest stewardship or woodland
management plan that is active and on file with the Borough;
D. Any trees removed as part
of a municipal or state decommissioning plan. This exemption only includes
trees planted as part of the construction and predetermined to be removed in
the decommissioning plan.
E. Any trees removed pursuant
to a New Jersey Department of Environmental Protection (NJDEP) or U.S.
Environmental Protection Agency (EPA) approved environmental clean-up, or NJDEP
approved habitat enhancement plan;
F.
Approved
game management practices, as recommended by the State of New Jersey Department
of Environmental Protection, Division of Fish, Game and Wildlife;
G.
Hazard
trees may be removed with no fee or replacement requirement.
§22-11.5 Enforcement:
This ordinance shall be enforced by the
Borough Code Enforcement Officer during the
course of ordinary enforcement duties.
§22-11.6 Violations and Penalties:
Any person(s) who is found to be in
violation of the provisions of this ordinance shall be subject to a fine of Five
Hundred ($500.00) Dollars.
BE IT FURTHER ORDAINED by the Mayor and
Council of the Borough of Bogota as follows:
Severability:
Each
section, subsection, sentence, clause, and phrase of this Ordinance is declared
to be an independent section, subsection, sentence, clause, and phrase, and
finding or holding of any such portion of this Ordinance to be
unconstitutional, void, or ineffective for any cause or reason shall not affect
any other portion of this Ordinance.
Effective Date:
This
Ordinance shall be in full force and effect from and after its adoption and any
publication as may be required by law.
Adoption Date:
_________________________________________________________
Approved By:
__________________________________________________________
Appendix A
Approved list of
Replacement tree Species and Planting Standards for the Borough of Bogota
|
Tree Species |
Cultivars |
Planting Season |
Planting
Procedure |
|
Acer
Rubrum Red
Maple |
|
Spring
/ Fall |
Full
Sun to Part Shade, Soil Moisture - average to wet, Soil Type wide range (clay
to sandy loam) |
|
Acer Saccharum Sugar Maple |
|
Fall
/ early winter |
Full Sun to Part Shade, Soil Moisture - average to dry, Soil
Type wide range (clay to sandy loam) |
|
Acaer x Freemanii Freeman Maple |
Armstrong, Fairfall, Marmo, scarlet Sentinel |
Spring
/ Fall |
Full Sun, Soil Moisture - average to dry, Soil Type wide range
(clay to sandy loam) |
|
Amelanchier laevis Shadblow Serviceberry |
|
Spring
/ Fall |
Full Sun to Part Shade, Soil Moisture - average to wet, Soil
Type wide range (prefers well-drained loams) |
|
Betula Nigra River Birch |
|
Spring
/ Fall |
Full Sun, Soil Moisture - average to wet, Soil Type- Prefers
moist, acidic, fertile soils |
|
Carpinus Caroliniana American Hornbeam |
Native Flame |
Spring |
Part Shade, Soil Moisture - average to wet, Soil Type - Prefers
moist, organically rich soils. |
|
Celtis Occidentalis Hackberry |
|
Spring |
Full Sun to Part Shade, Soil Moisture - average to dry, Soil
Type wide range (clay to sandy loam) |
|
Cercis Canadensis Eastern Red Bud |
|
Fall |
Full Sun to Part Shade, Soil Moisture - average to wet, Soil Type
- Performs best in moderately fertile soils |
|
Cercis Chinensis Chinese Redbud |
|
Late
Spring / Early Summer |
Full Sun to Part Shade, Soil Moisture - average to wet, Soil
Type - Performs best in moderately fertile soils |
|
Cladrastis Kentukea Yellowwood |
Sweetshade, Perkins Pink |
Spring |
Full Sun, Soil Moisture - average, Soil Type - Prefers moist
well drained, organically rich soils. |
|
Crataegus Crus-galli Cockspurn Hawthorn |
Thornless varieties only |
Spring
/ Fall |
Full Sun, Soil Moisture - average to medium moisture, Soil Type
wide range (clay to sandy loam) |
|
Ginkgo Bilobra Ginkgo, Maidenhair Tree |
|
Spring
/ Fall |
Full Sun, Soil Moisture - average to medium moisture, Soil Type
wide range (clay to sandy loam) |
|
Gladitsia Triacanthos Honey Locust |
Moraine, Shademaster, Sunburst, Imperial |
Spring
/ Fall |
Full Sun, Thornless, Soil Moisture - average to medium moisture,
Soil Type wide range (clay to sandy loam) |
|
Kentucky
Coffeetree |
|
Early Winter /
Early Spring |
Full
Sun, Soil Moisture - Medium moisture, Soil Type organically rich,
well-drained soils |
|
Halesia Carolina Carolina Silverbell |
|
Spring
/ Fall |
Full Sun, Soil Moisture - average to medium moisture, Soil Type
wide range (clay to sandy loam) |
|
Liquidambar Styraciflua American Sweetgum |
Cherokee, Rotundiloba, Slender Silouette, Worplesdon |
Early
Winter / Early Spring |
Full Sun to Part Shade, Soil Moisture - average to wet, Soil
Type wide range (clay to sandy loam) |
|
Liriodendron Tulipifera Tulip Tree |
Ardis, Arnold, Emerald
City, Fastigiatum |
Spring
/ Fall |
Full Sun, Soil Moisture - average, Soil Type - organically rich,
well-drained loams |
|
Magnolia Virginiana Sweet Bay Magnolia |
|
Spring
/ Fall |
Full Sun to Part Shade, Soil Moisture – average to wet, Soil
Type – clay to loam, prefers acidic soils |
|
Metasequoia Glyptostroboides Dawn Redwood |
|
Fall |
Full Sun to Part Shade, Soil Moisture - average to wet, Soil
Type - well-drained loam |
|
Nyssa Sylvatica Black Gum |
|
Spring
/ Fall |
Full Sun, Soil Moisture - average to wet, Soil Type sandy loam. |
|
Ostrya Virginiana Eastern Hop Hornbeam |
|
Spring
/ Fall |
Full Sun to Part Shade, Soil Moisture - Medium moisture, Soil Type organically
rich, well-drained soils |
|
Platanus x Acerifolia London Planetree |
|
Spring
/ Fall |
Full Sun to Part Shade, Soil Moisture - average to wet, Soil
Type wide range (clay to sandy loam) |
|
Prunus Cistena Purple-leaf Sand Cherry |
|
Early
Spring |
Full Sun, Soil Moisture - average, Soil Type - organically rich,
well-drained loams |
|
Prunus Sargentii Sargent Cherry |
|
Early
Spring |
Full Sun, Soil Moisture - Medium moisture, Soil Type organically
rich, well-drained soils |
|
Prunus Virginiana Chokecherry |
|
Spring
/ Early Summer |
Full Sun to Part Shade, Soil Moisture - average to dry, Soil
Type wide range (clay to sandy loam) |
|
Quercus Bicolor Swamp White Oak |
Hightower |
Spring |
Full Sun, Soil Moisture - average to wet, Soil Type wide range
(clay to sandy loam) Prefers acidic soil |
|
Quercus Coccinea Scarlet Oak |
Kindred Spirit, Fastigiata, Skyrocket |
Spring
|
Full Sun, Soil Moisture - average to dry, Soil Type wide range
(clay to sandy loam) |
|
Quercus Macrocarpa Bur Oak |
|
Spring |
Full Sun, Soil Moisture - average to dry, Soil Type wide range
(clay to sandy loam) Prefers moist well-drained loams |
|
Quercus Muehlenbergii Chinkapin Oak |
|
Spring |
Full Sun, Soil Moisture - average to dry, Soil Type wide range
(clay to sandy loam) Prefer moist fertile loams |
|
Quercus Michauxii Chestnut Oak |
|
Spring |
Full Sun, Soil Moisture - average to wet, Soil Type wide range
(clay to sandy loam) Prefer moist fertile loams |
|
Quercus Palustris Pin Oak |
|
Spring |
Full Sun, Soil Moisture - average to wet, Soil Type wide range
(clay to sandy loam) Prefer moist fertile loams |
|
Quercus Phellos Willow Oak |
|
Spring |
Full Sun, Soil Moisture - average to medium moisture, Soil Type
wide range (clay to sandy loam) Prefer moist well-drained loams |
|
Quercus Rubra Northern Red Oak |
|
Spring |
Full Sun, Soil Moisture - average to medium moisture, Soil Type
wide range (clay to sandy loam) Prefer moist well-drained loams |
|
Quercus Velutina Black Oak |
|
Spring |
Full Sun, Soil Moisture - average to medium moisture, Soil Type
wide range (clay to sandy loam) Prefers acidic soil |
|
Tilia Americana American Linden |
|
Spring
/ Fall |
Full Sun to Part Shade, Soil Moisture - average to medium
moisture, Soil Type wide range (clay to sandy loam) Prefers moist, fertile,
well-drained loams |
|
Tilia cordata Little Leaf Linden |
|
Spring
/ Fall |
Full Sun to Part Shade, Soil Moisture - average to medium moisture,
Soil Type wide range (clay to sandy loam) Prefers moist, fertile,
well-drained loams |
|
Ulmus Americana American Elm |
Accolade, Frontier |
Spring
/ Fall |
Full Sun to Part Shade, Soil Moisture - average to medium
moisture, Soil Type - Prefers moist, fertile, well-drained loams |
|
Zelkova |
|
Spring |
Full
Sun, Soil Moisture - average to medium moisture, Soil Type - Prefers rich,
moist loams |
Evergreen
Trees
|
Ilex Opaca Opaca |
|
Spring |
Sun/ Part Shade, Soil Moisture - average to medium moisture,
Soil Type – Well Drained, acidic soils |
|
Juniperus Virginiana Eastern Red Cedar |
|
Spring |
Full Sun, Soil Moisture - average to medium moisture, Soil Type
- Prefers rich, moist loams |
|
Pinus Rigida Pitch Pine |
|
Spring |
Full Sun, Soil Moisture – Dry , Soil Type - Prefers sandy loam |
|
Pinus Strobus Eastern White Pine |
|
Spring |
Full Sun, Soil Moisture - average to medium moisture, Soil Type
- Prefers rich, moist sandy loams |
PUBLIC HEARING OPEN
|
Councilperson |
Motion |
Second |
Yes |
Nonn No |
Absent |
Abstain |
|
Council President Carpenter |
|
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|
Councilwoman Kohles |
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Councilman McHale |
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Councilman Mitchell |
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|
Councilwoman Vergara |
|
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|
Councilman Robbins |
|
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COMMENTS:
PUBLIC HEARING CLOSED
|
Councilperson |
Motion |
Second |
Yes |
Nonn No |
Absent |
Abstain |
|
Council President Carpenter |
|
|
|
|
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|
|
Councilwoman Kohles |
|
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Councilman McHale |
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Councilman Mitchell |
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Councilwoman Vergara |
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Councilman Robbins |
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ATTEST: APPROVED:
________________________________ __________________________
Borough Clerk Mayor
I, Yenlys Flores-Bolivard, Municipal Clerk of the Borough of
Bogota, Bergen County, New Jersey, do hereby certify that the foregoing is a
correct and true copy of an Ordinance Adopted by the Borough of Bogota at a
meeting held on March 21, 2024.
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