[HISTORY: Adopted by the Township Council of the Township
of Montclair as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-12-2012 by Ord. No. O-12-44]
The Council of the Township of Montclair finds that:
A.
Trees and the urban forest are a valuable natural resource worthy
of protection and conservation on a sustainable basis.
B.
Trees stabilize soil, help reduce stormwater runoff and wind erosion
of soils, improve water quality, reduce noise pollution, reduce air
pollution, sequester carbon dioxide associated with global warming,
create shade and help reduce energy consumption in the summertime,
lower ambient air temperatures throughout the Township during the
summer, and provide habitat for birds and other species.
C.
Trees create scenic benefits that enhance local property values in
the Township.
D.
The development of a mature and sustainable urban forest resource
throughout the Township requires a comprehensive program for the management
of the planting and removal of trees on public and private property.
As used in this article, the following terms shall have the
meanings indicated:
The diameter of a tree measured at 4 1/2 feet above
the ground on the downhill side of the tree.
The separate account established by the Township's governing
body for the replanting of trees on public property, School Board
property, and/or county property and funded by those persons electing
to pay into the Montclair Tree Replanting Fund instead of implementing
an on-site tree restoration plan.
All private lots within the Township, whether developed,
undeveloped, subdivided, or otherwise without exception.
Any deciduous or coniferous species which is eight inches
or more DBH or has obtained a height of at least 25 feet.
A person employed by the Township who is certified by the
State of New Jersey as a certified tree expert and has a minimum of
three years of experience in the planting, care, and maintenance of
trees.
Any shade tree.
A person in the regular business of removing trees for hire
who is registered with the Township.
A permit issued by the Township pursuant to the provisions
of this article authorizing a person to remove trees.
A.
Applicability. The provisions of this article shall apply to trees
on all property within the Township.
B.
Prohibitions. No person, applicant, or tree removal contractor may
remove, destroy, or substantially alter a tree without having first
been issued a tree removal permit. Routine annual pruning to maintain
the health of a tree or drastic pruning in response to damage from
adverse weather conditions shall not be considered substantially altering
the tree.
C.
Emergency exemption. A tree removal permit is not required when there
is an immediate safety risk to person or property.
A.
No tree within the Township may be removed or substantially altered
by any person other than a tree removal contractor registered with
the Township. The tree removal contractor shall endorse each tree
removal permit application on forms provided by the Township.
B.
A tree removal permit shall be issued upon filing of a complete application
and payment of the required fee.
C.
An application for a tree removal permit shall include, at minimum,
the following:
(1)
A tree restoration plan, defined as a plan prepared by the tree removal
contractor on behalf of the applicant providing the specifications,
contractors, costs, and timing for the replacement of trees removed
from the applicant's property; payment of the equivalent value
of the removed trees into the Montclair Tree Replanting Fund; or a
combination thereof. Tree restoration plans shall be fully implemented
within one year of the issuance of the tree removal permit.
(2)
A tree restoration plan certification, defined as the self-affidavit
certification submitted by the tree removal contractor for the implementation
of the tree restoration plan submitted as part of the tree removal
permit application. The tree removal contractor shall certify that
the tree restoration plan will be fully implemented as submitted.
D.
E.
A tree removal contractor shall carry and provide proof of the following
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 Township
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 Township Clerk shall register the tree removal contractor
as approved to do business in the Township.
A.
Persons removing any tree shall replace said tree with a new tree
as provided below. Replacement trees shall be two- to two-and-one-half-inch
caliper and be limited to native species or species suited to urban
environments. The Township Forester shall prepare, publish on the
municipal website, www.montclairnjusa.org, and annually review a suitable
species list for replacement trees. Any applicant who makes an application
for a financial waiver and is granted one shall be exempt from the
replacement provision, provided that replacement trees are not available
through the Township.
B.
In lieu of providing a replacement tree, a contribution of $250 shall
be paid to the Tree Fund. Said fund shall be used to supplement public
tree replacement in the Township.
The tree removal contractor shall be responsible for a tree
removal permit application's compliance with all applicable and
relevant tree management guidelines, including, without limitation,
the American National Standard A300 (Part 5) Management practices
"Tree and Development: A Technical Guide to Preservation of Trees
During Land Development" (Matheny and Clark), "Protection and Care
of Urban Forest" (NJDEP Division of Parks and Forestry), "Evaluation
of Hazard Trees in Urban Areas" (Matheny and Clark), "Urban Tree Risk
Management" (USDA Forest Service), all as may be changed or supplemented
from time to time.
A.
The Township Forester shall have the authority to enter onto any
property in the Township and to issue a stop-work order to any person
in violation of this article.
B.
Violations of this article shall be punishable by a fine of no more
than $1,000.
C.
The Township shall revoke the registration of any tree removal contractor
who has submitted a fraudulent tree removal permit application or
a false certification.
D.
Noncompliance with the provisions of this article may be grounds
for denial of registration of a tree removal contractor.
A.
Application fee for a tree removal permit shall be $15 per tree.
B.
A tree removal contractor shall pay an annual registration fee of
$75.
C.
Exemptions:
(1)
The tree removal permit application fee is waived for the removal
of diseased trees or trees deemed hazardous.
(2)
The removal permit fee is waived for the removal of shade trees listed
as invasive exotic.
(3)
An applicant with a financial hardship may request a waiver of permit
fees by filing a personal financial hardship exemption request letter
with his or her tree removal permit.
(4)
These fee exemptions do not constitute an exemption from any other
provision of this article.
A.
Within 30 days of the adoption of this article, the Town Clerk shall
mail a copy of this article to persons and entities known to be in
the business of maintaining, cutting, or removing trees within the
Township.
B.
Within 60 days thereafter, any company desiring to conduct the business
of maintaining, cutting, or removing trees within the Township shall
register with the Township.
