Whereas, the preservation, protection and planting
of trees aids in the stabilization of soil by the prevention of erosion
and sedimentation; reduces stormwater runoff and the potential damage
it may create; aids in the removal of pollutants from the air and
assists in the generation of oxygen; provides a buffer and screen
against noise and pollution; provides protection against severe weather;
aids in the control of drainage and restoration of denuded soil subsequent
to construction or grading; provides a haven for birds and other wildlife
and otherwise enhances the environment; protects and increases property
values; conserves and enhances the Township's physical and aesthetic
appearance; and generally protects the public health and safety, as
well as the general welfare.
As used in this article, the following terms
shall have the meanings indicated:
DRIP LINE
The circular area surrounding a tree, the radius of which
area shall be the distance from the trunk of the tree to the outermost
branches of the tree.
LANDMARK TREE
Any tree designated and identified as such by the Township
Forester pursuant to the standards set forth in this article.
PRIVATE TREE
Any tree growing on private property other than in Township
right-of-way or public property.
SIGNIFICANT TREE
Any healthy woody perennial plant having a diameter greater
than 18 inches measured at a point four feet above the ground.
TOWNSHIP FORESTER
A certified tree expert by the New Jersey Department of Environmental
Protection designated by the Township.
Excepted from the provisions of this article
shall be:
A. Any tree cut or removed in accordance with a management
plan developed by a recognized state or federal environmental protection
authority, provided that a copy of such plan is filed with the Township
Forester.
B. Any tree located on Township-owned land and removed
by the public agency or its representative.
C. Dead or diseased trees or trees that present an imminent
threat to life or property as determined by the Township Forester
or other qualified New Jersey-certified tree expert.
Mitigation for tree removal shall be required
as follows:
A. No mitigation shall be required in connection with tree removal conducted pursuant to a permit issued under §
665-22C(1)(a) or
C(1)(f).
C. In the event of tree removal pursuant to §
665-22C(1)(d), no mitigation shall be required if the tree has been planted for at least five years, there has been no damage to the tree by construction or otherwise by any person, and there has been no soil moving within 15 feet of such tree within such five years; otherwise, mitigation shall be required pursuant to this section.
D. For each tree for which mitigation is required pursuant
to this section, the following shall apply: For each tree removed
pursuant to the standards of this article, the applicant shall plant
a tree at least six feet in height at the time of planting.
E. Mitigation in any instance is not to be considered
a penalty but rather an implementation of the purposes of this article.
Mitigation shall not be a substitute for, but shall be in addition
to, any penalty imposed for violation of the provisions of this article.