No person shall do or cause to be done any of the following acts affecting trees, shrubbery or ornamental material planted or growing naturally within the highways or public places under the jurisdiction of the borough, except with a written permit obtained from the Department of Public Works

A. Cut, trim, break, disturb the roots of, or spray with chemicals any living tree or shrub, or inure, misuse or remove any structure or device placed to support or protect any tree or shrub.

B. Plant or remove, or climb with spikes, any living tree or shrub

C. Fasten any rope, wire, electric attachments, sign or other device to a tree or shrub, or to any guard about such tree or shrub

D. Close or obstruct any open space provided about the base of a tree or shrub to permit the access of air, water or fertilizer to the roots of such tree or shrub

E. Pile any building material, or make any mortar or cement, within six feet of a tree or shrub

F. Change the grade of the soil within the limits of the lateral spread of the branches of any such tree

Every person having control over any wire for the transmission of an electric current along a public highway shall at all tunes guard all trees through which, or near which, such wire passes against any injury from the wire or cable or from the electric current carried by it The device or means used shall in every case be subject to approval by the Department of Public Works

No person shall place any guy wire, brace or other device on any tree in such a manner as to injure it

No person shall hitch or fasten an animal to any tree or shrub upon a public highway or to any guard or support provided for the same, or permit an animal to bite or otherwise injure any tree or shrub

No person shall permit any brine, gas or injurious chemical or liquid to come in contact with the stump or roots of any tree or shrub upon a public highway

No person shall prevent, delay or interfere with any lawful work undertaken by the Department of Public Works or its authorized agent

A. Removal required, notice In case any tree or shrub or any part thereof along the public highway shall become dangerous to public safety, the owner of the property in front of which such tree or shrub is located shall forthwith remove the same, or the required part thereof, upon receipt of written directive to that effect from the Department of Public Works.

B. Standard established The owner or tenant of any lands lying within the borough shall keep all brush, hedges and other plant life, growing within 10 feet of any roadway and within 25 feet of the intersection of two roadways, cut to a height of not more than M feet This shall not require the cutting down of any trees where there is vision through the trees at a height of between 2112 feet from the ground and eight feet from the ground

C. Removal by borough If the owner fails to remove the tree or shrub or portion thereof within two weeks after receipt of written notice to do so, the work shall be performed by the borough under the supervision of the Superintendent of Public Works, who shall certify the cost thereof to the Council

D. Costs charged against land, lien established Upon receipt of the certified costs, the Council shall examine same and if found correct shall cause the costs to be charged against the lands, or, if the Council deems the costs to be excessive, shall cause the reasonable cost thereof to be charged against the lands The amount so charged shall forthwith become a lien upon the lands and shall be added to and become and form part of the taxes next to be assessed and levied upon the lands, the same to bear interest at the same rate as other taxes, and shall be collected and enforced by the same officer and in the same manner as taxes

If any person shall continue to violate any of the provisions of this chapter, after being duly notified of such violation, or shall neglect or refuse to comply with any lawful order of the Department of Public Works, the failure to comply with a second or each of any subsequent notifications or orders shall be construed as an additional violation of this chapter, and each such additional offense shall subject the offending party upon conviction to the same penalty as provided for the first offense

[Amended by Ord. No. 247; Ord. No. 253; Ord. No. 506; 10-28-1996 by Ord. No. 526]

A. Findings The Borough of Alpine finds that the development of unimproved or the redevelopment of improved land for the purpose of erecting homesites has resulted in indiscriminate and excessive cutting of trees upon tracts of land and has resulted in creating increased surface drainage and soil erosion, thereby increasing municipal costs to control drainage within the borough It further finds that such excessive removal and destruction of trees impairs the proper occupancy of existing residential areas and impairs the stability and value of improved and unimproved real property irk such areas with attendant deterioration of conditions affecting the health, safety and general welfare of the inhabitants of the borough, and further finds that regulations for the indiscriminate removal of trees is within the police power of the borough Furthermore, the Borough of Alpine Master Plan Update, adopted November 30, 1994, recommends retaining and preserving "the unique character of the Borough of Alpine with respect to the preservation of the large tracts of open space and parkland which provide scenic vistas, natural habitats and other positive attributes to improve the overall quality of life for Alpine residents " This section is intended to implement the Master Plan recommendation as well as protect the quality of life and the character of the natural and built environment

B. Definitions For the purpose of this section, the following words shall have the meanings as indicated

BUFFER AREA - The distance from the side and rear property lines beginning at the front setback line of the lot and running to the rear line in the case of side lines and for the entire width of the rear line 10 feet in the R-1 Zone, 15 feet in the R-AA Zone and 20 feet in the R-A Zone

BUILDING PLOT - A parcel of land upon which a building has been or may be erected in accordance with Chapter 220, Zoning

CONTRACTOR - Any person or business which is in any way responsible for installation and/or removal of trees

IMPROVED LOT - Any clearly defined piece of land which contains a permanently affixed structure with a roof and intended for shelter, housing or enclosures.

OWNER - Any person having the title to any lot, plot, piece or parcel of land

PERMITS - A license issued by the Building Inspector to remove or destroy trees, from any improved or unimproved land as defined in this section

PERSON - Any individual, firm, association, partnership or corporation, or any group of two or more of the foregoing

TENANT - Any person in possession of any lot, piece or parcel of land, with or without a lease, but with the permission of the owner

TREE - Any living tree having trunk caliper of six inches or greater measured at a height of three feet above natural grade in a buffer area or having a trunk caliper of nine inches or greater measured at a height of three feet above the natural grade in all other areas outside a buffer area, as defined herein

TREE EXPERT - A specialist in trees and tree care

UNIMPROVED LOT - Any clearly defined piece of land, the location, dimensions and boundaries of which are determined by the latest official record, upon Mich no structure permanently affixed to the land, with a roof and intended for shelter, housing or enclosure has been constructed

C. Application of provisions The provisions of this section shall apply to all improved and unimproved lands within the boroughs

D. Permit refund application procedures

(1) Permit required No person, contractor, property owner or tenant shall remove or destroy or cause to be removed or destroyed by any person, contractor, property owner or tenant any trees as defined in this section on any improved or unimproved tract of land or lot within the borough unless a permit is first obtained for such removal

(2) Exception Exempt from the permit requirement are the following

(a) The cutting, pruning or trimming in a manner which is not harmful to the health of the tree

(b) The cutting, destruction or removal of trees which are diseased or dead or which endanger public safety A certificate from a qualified tree expert must be obtained and submitted with a permit waiver request

(3) Application fee The permit shall be obtained from the Building Inspector upon an application being made therefor and a fee of $100 with each application [Amended 7-28-1999 by Ord. No. 560)

(4) Application information where no building permit, septic permit or demolition permit is requested An application for a permit for removal or destruction of trees where no building permit, septic permit or demolition permit is requested or contemplated shall contain the name of applicant, name of owner of property with consent of the owner, if different from the applicant, location of trees on a sketch of property and reasons for the removal or destruction Any diseased trees must be documented by a qualified tree expert, who is licensed by the Borough of Alpine

(5) Application information where building permit, septic permit or demolition permit is sought An application for a permit for removal or destruction of trees where a building permit for construction involving any exterior alteration to the building foundation or property, septic permit or demolition permit is being sought, the property owner shall file with the site plan The plan shall show which trees on the property are to be removed within a radius of 25 feet from any area of disturbance related to the building permit for construction as described herein, together with the species and condition of such trees shown on the plan by the architect or engineer, under the seal of such architect or engineer, and also the same information as to the trees to remain on the land Any diseased trees must be documented by a tree expert

(6) Determination of Planning Board/Environmental Commission, issuance of permits

(a) Where a site plan or subdivision application is involved, the Planning Board, Environmental Commission, Building Inspector or Board of Adjustment shall determine which trees may be removed and the permit for such removal shall be issued by the Building Inspector at the time of the issuance of a building permit

(b) Where there is no site plan or subdivision application, the Environmental Commission shall determine which trees may be removed and the permit for such removal shall be issued by the Building Inspector after a final decision is reached The Environmental Commission may choose to utilize a professional tree expert in its determination as necessary, to be funded by the applicant through an escrow deposit.

(c) For any tree removal permit which is issued on the basis of a determination by the Environmental Commission, a borough representative shall preferably be a member of the Environmental Commission when available and shall be at the subject site in order to supervise the removal of any trees, as authorized The applicant's architect or engineer must also certify in writing that only the trees approved by the Environmental Commission have been removed The borough representative shall be chosen on the basis of availability and knowledge or reading plans and trees Should any trees be affected incorrectly, the borough representative shall immediately notify the Borough Police Department, the Environmental Commission Chairperson and the Borough Building Inspector who shall determine if the issuance of a stop-work order is warranted based on the provisions of Subsection D(11) [Amended 10-28-1998]

(7) Referral to other agencies Nothing herein contained shall prevent the Building Inspector, Planning Board or Environmental Commission from referring the application to the Health Officer or other committee for their examination and opinion

(8) Surety bond required where building permit for tree removal is sought In all cases of application for permit where a building permit for tree removal is applied for, there shall accompany the application a cash or surety bond in the sum of $10,000 for each acre with the application for building permit, which bond shall assure compliance with the preservation of those trees not to be removed, which bond shall be returned with the certificate of occupancy less any cost expended by the borough to replace trees improperly removed or destroyed in violation of the permit [Amended 7-28-1999 by Ord. No. 560]

(9) Display of permit A tree removal permit must be adequately displayed on any property where tree removal has been authorized so that the permit is visible from the nearest public street until such time as the authorized cutting has ended and a final inspection has been conducted by the appropriate borough official

(10) Appeal In the event of denial of any permit, the applicant seeking appeal from the decision of the Building Inspector or the Environmental Commission may send a letter to the Planning Board for its decision and may be heard informally thereon by the Planning Board

(11) Stop-work order issuance If, upon a building site inspection, the Building Inspector finds that trees have been removed without regard to this chapter, or he has reasonable cause to believe that there may have been a violation of this chapter, then in that event, no building permit shall be issued until the alleged violation has been prosecuted and disposed of in the Municipal Curt of Alpine In addition, should the Building Inspector, the Borough Engineer or their duly appointed agents discover that a possible violation of this chapter has occurred, including any violation of an approved survey, subsequent to the granting of a building permit, the Building Inspector, Borough Engineer or their duly appointed agents shall issue a stop-work order until such time as the violation is finally disposed of in the Municipal Court of Alpine Where there are repeated violations the Building Inspector shall also have the authority to withhold the issuance of a certificate of occupancy (CO) for that property. The Environmental Commission may recommend a stop-work order to be issued to the Building Inspector who is then directed to address the validity of the recommendation and respond to the Environmental Commission within 48 hours If the stop-work order is contested at that time by the applicant, the burden of proof shall be the responsibility of the applicant [Amended 10-28-1998]

E. Tree removal and replacement standards

(1) All trees as defined in this section within the area of disturbances shall be indicated on the required site plan or sketch plan Every effort shall be made to provide a layout to avoid any disturbance within the specimen tree's drip line An estimate of all trees over six inches caliper shall be submitted for buffer areas and nine inches in caliper or greater for nonbuffer areas If, in the opinion of the approving authority, the estimate is not a reasonable projection of actual field conditions, a precise count shall be required The elimination of deciduous trees of this caliper shall be replaced by trees of at least three-inch caliper, the species of which is either identical to the tree being removed or is otherwise referred to in the U S Soils Conservation Service as being comparable with the soil type, or a coniferous tree of at least eight feet in height at the tune of planting Coniferous trees shall be replaced by a similar coniferous tree of at least eight feet in height at the time of planting Tree replacement and the number of trees required shall be determined by the borough agency by the ability of the land to accommodate said trees If sufficient space is not available on the lot on which the development is proposed, the borough agency may require the applicant to plant the replacement trees on other lands owned by the applicant within the Borough of Alpine, on borough park lands, within public street rights-of-way or any combination thereof In lieu of off-site replacement, the applicant may contribute to a Municipal Tree Bank, which is to provide trees on public property, based on a replacement cost estimate prepared by the Borough Engineer

(2) All diseased trees on the subject property subject to removal must be documented by a qualified tree expert

(3) Hardship in such cases shall be based on an examination of all the circumstances considering the applicant's needs If the needs of the owner outweigh the public benefit promoted by retention of trees, the hardship requiring removal shall be found to exist

(4) Any area to be occupied by a building, driveway, drainage field, septic tank, recreation area (tennis courts, swimming pools or similar facilities) may have the trees removed but not more than 15 feet around the perimeter of such facilities

(5) The area has a cut or fill deemed injurious or dangerous to trees, and which may require removal of trees in such area, as determined by the Building Inspector, Planning Board or Environmental Commission, as appropriate

(6) The permit shall be granted if there is a finding that the removal and destruction will not impair the growth and development of remaining and new trees on the property of the applicant or adjacent properties and would not cause erosion of soil, impair existing drainage, lessen property values in the neighborhood or impair the aesthetic values of the area

(7) The spirit of the provisions of this section shall be to grant permits in buffer areas only for compelling reasons as it is essential to maintain aesthetic values, preserve privacy and drainage control

F. Regulations

(1) Protection of trees No soil material, permanent or temporary, shall be placed within six feet of any trees Where grading may be required, trees shall be walled in with extension tile to the outer crown of the tree No structure, equipment or movable machinery shall be permitted to operate within six feet of any tree in order not to disturb the soil and thereby inure the tree.

(2) Exempt lands or activities The following lands or activities shall be exempt from the provisions of thus section orchards, borough, county and state land, and the lands owned by the Boy Scouts of America or any of its subsidiaries and used by them for scouting purposes

G. Removal of diseased trees, fees of service for tree experts

(1) No fee shall be charged for a permit authorizing the removal of diseased or damaged trees in accordance with Subsection D(2)(b) herein

(2) In cases where the services of a tree expert is required where a building permit is applied for at the same time, the cost thereof shall be done by the applicant and payment of the same shall be a condition precedent to the release of the bond filed or the issuance of a permit

H. Penalty Any person violating any of the provisions of this section shall be subject to a fine not exceeding $1,000 per individual tree and a minimum fine of $100 per individual tree removed improperly or by imprisonment in the county jail for a period exceeding 90 days, or community service for 90 days, individually or in combination, at the discretion of the magistrate of the borough

This chapter shall be known and may be cited as the "Zoning Ordinance of the Borough of Alpine "

[Amended by Ord. No. 231; Ord. No. 292; Ord. No. 501; Ord. No. 513]

For the purpose of this chapter, the definitions of certain words and phrases shall be as follows

ACCESSORY USE - Either a subordinate use of a building, structure or land or a subordinate building or structure whose use is clearly incidental to the principal use, which is customary in connection with the principal use, and which is located on the same lot as the principal use

ADMINISTRATIVE AGENT The entity responsible for administering the affordability controls of some or all units in the affordable housing program for Alpine to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households

MUNICIPAL HOUSING LIAISON The employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for the Borough of Alpine.

**Webmasters Note: The previous definition has been added as per Ordinance No. 669

BUFFER STRIP - A strip of land established to physically separate or screen one use or property from an adjacent use or property so as to visually shield or block noise, lights or other nuisances where the adjoining uses are incompatible

BUFFER ZONE - An area of land left in its natural state or landscaped and kept in open space use in order to protect one type of use from another land use that is incompatible

BUILDING - Includes the word "structure "

COAH - The New Jersey Council on Affordable Housing [Added 3-22-2000 by Ord. No. 565]

CONDITIONAL USE - A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter, and upon the issuance of an authorization therefor by the Planning Board, or, in the case of a "d" variance, the Board of Adjustment

DEVELOPMENT FEES - Money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in COAH's rules [Added 3-22-2000 by Ord. No. 565]

EQUALIZED ASSESSMENT VALUE - The value of a property determined by the Municipal Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law Estimates at the time of issuance of a building permit may be obtained utilizing estimates for construction costs Final equalized assessed value will be determined at project completion by the Municipal Tax Assessor [Added 3-22-2000 by Ord. No. 565]

FAMILY - Any number of related individuals, or domestic help which service such family, and living and cooking together as a single housekeeping unit, or not more than two persons not related by blood, marriage or adoption, lawfully occupying a dwelling unit and living as a single, nonprofit housekeeping unit Nothing herein contained shall prohibit any occupancy mandated by N.J.S.A 40 5513-1 et seq

**Webmasters Note: The definition for Garage, Private has been deleted as per Ordinance No. 606.

GARAGE DOOR, RESIDENTIAL - A movable, solid barrier used for egress or ingress to a garage. A single garage door shall not exceed a width of ten (10) feet. No garage door shall exceed a height of twelve (12) feet;

**Webmasters Note: The previous definition has been added as per Ordinance No. 606.

GARAGE, PUBLIC - Any structure used for servicing or storing cars for pay to the general public or any structure used for individual or private purposes which does not conform to the definition of a private garage as defined in this chapter The term "public garage" shall be deemed to include service stations

GARAGE, RESIDENTIAL - A structure, either part of, or accessory to, a residential building on the same lot, used for the storage of vehicles.

**Webmasters Note: The previous definition has been added as per Ordinance No. 606.

GRADE, FINISHED The final elevation of the ground level after development.

**Webmasters Note: The previous definition has been added as per Ordinance No. 637.

GRADE, ORIGINAL The elevation of the ground level in its natural state, before construction, filling, or excavation.

**Webmasters Note: The previous definition has been added as per Ordinance No. 637.

HEIGHT OF BUILDING - The vertical distance measured from the average original grade or the average finished grade of the proposed building, whichever is lower, to the highest point of the roof, if the roof is flat, or to a point that is half the distance between the plates and the top of the ridge beam in the case of sloping roofs. The average original grade of the proposed building shall be the average of the reported original grade elevations for all corners and entrances of the proposed building. The average finished grade of the proposed building shall be the average of the reported finished grade elevations for all corners and entrances of the proposed building. Excluded from the calculation of building height shall be chimneys, steeples, handrails for widow's walks and other architectural features that are no greater than four feet (4') in height and which occupy no more than five percent (5%) of the total roof area.

**Webmasters Note: The previous definition has been amended as per Ordinance No. 637.

JUDGMENT OF REPOSE - A Judgment issued by the Superior Court approving a municipality's plan to satisfy its fair share obligation [Added 3-22-2000 by Ord. No. 565]

LOT - A parcel of land occupied or capable of being occupied by one building and the accessory buildings or uses customarily incident to it, including open spaces required by this chapter and excluding land within officially recognized rights-of-way The word "lot" also includes the word "plot "

LOT LINE - Any boundary line of a lot

LOT LINE, FRONT - Each boundary of a lot which is along an existing or dedicated public street or, where no public street exists, is along a public way A corner lot shall be considered to front on the street or road on which it has the least frontage When a corner lot shall have equal frontage on both streets or roads, or shall have more than the required depth on both streets or roads, the owner may elect which street or road (s)he desires to front on This election shall be made at the time of application for a building permit for the principal building

LOT LINE, REAR - Any lot line other than another front lot line on another street which is opposite a front lot line but not necessarily the same length as the front lot line

LOT LINE, SIDE - Any lot line not a front lot line or a rear lot line

MUNICIPAL HOUSING LIAISON The employee charged by the governing body with the responsibility for oversight and administration of the affordable housing program for the Borough of Alpine.

**Webmasters Note: The previous subsection has been added as per Ordinance No. 669.

NONCONFORMING LOT, STRUCTURE OR USE - A lot, the area, dimension or location of which, a structure, the size, dimension or location of which, or a use or activity which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment

OCCUPIED - Includes the words "designed" or "intended to be used "

PLATE A horizontal timber for carrying the trusses of a roof or the rafters.

**Webmasters Note: The previous definition has been added as per Ordinance No. 637.

RIDGE BEAM The line of intersection at the top between the opposite slopes or sides of a roof.

**Webmasters Note: The previous definition has been added as per Ordinance No. 637.

SUBSTANTIVE CERTIFICATION - A determination by COAH approving a municipality's housing element and fair share plan in accordance with the provisions of the Fair Housing Act and the rules and criteria as set forth herein. A grant of substantive certification shall be valid for a period of six years in accordance with the terms and conditions therein.

**Webmasters Note: The previous definition has been amended as per Ordinance No. 630.

YARD, FRONT - A space, unoccupied except as hereinafter provided, within and extending the full width of the lot between the front line and the parts of the building setting back from and nearest such line

YARD, REAR - A space, unoccupied except as hereinafter provided, within and extending a full width of the lot between the rear walls of the main building and the rear lot line

YARD, SIDE - A space unoccupied, except as hereinafter provided, within the lot and between a side lot line and the part of the building erected thereon and nearest thereto The side yard shall extend from the front yard to the rear yard