The Mayor and Council of the Borough do herein
decide and find that the indiscriminate, uncontrolled and excess destruction,
removal and cutting of trees upon lots and tracts of land within the
Borough have resulted in creating increased Borough costs for control
of drainage and, further, have caused increased soil erosion, decreased
fertility of soil and increased dust, which have deteriorated property
values and, further, have rendered the land unfit and unsuitable for
its more appropriate use. The result has been and will be in the future
a deterioration of conditions affecting the health, safety and general
well-being of the inhabitants of the Borough and has caused the passage
of this chapter to regulate and control the indiscriminate and excessive
cutting of trees in the Borough.
The intent and purpose of this chapter is to
preserve coniferous and deciduous trees, flowering trees and shrubs
growing in a natural state within this Borough.
As used in this chapter, the following terms
shall have the meanings indicated:
BUILDING LOT
A parcel of land upon which a dwelling house has been or,
in accordance with the zone code or a variance, may be erected.
MANAGEMENT PLAN
A plan for the management of timbered or forested lands developed
by the New Jersey Department of Environmental Protection Bureau of
Forestry or a similar state or federal agency or the Housing and Zoning
Officer.
PUBLIC RIGHT-OF-WAY
Any street or road shown upon a map or plan filed in the
Morris County Clerk's office or on the Official Map of the Borough.
SHRUB
Mountain laurel (Kalmia latifolia) having a root crown of
three inches or greater measured at the soil or surface level.
TREE
Any living deciduous tree having a trunk of a diameter greater
than three inches dbh (diameter at breast height); any living coniferous
tree having a trunk of a diameter greater than four inches dbh; or
any living dogwood (Carnus florida) or American holly (Ilex opaca)
tree having a diameter of one inch or greater dbh.
No material or temporary soil deposits shall
be placed within six feet of any tree or shrub.
Excepted from this chapter shall be such trees
as set forth in the following subsections.
A. Tree for firewood. Any tree to be cut for use solely
for firewood by the owner shall be excepted, provided that this exception
shall not apply to any tree to be cut in connection with the issuance
of any permit for soil disturbance or building.
B. Dangerous tree. Any dead, diseased or other tree that
is likely to endanger life or property shall be excepted.
C. Limited number of trees. If the applicant discloses
that no more than five trees in excess of the size referred to aforesaid
in this chapter are to be removed, cut or destroyed or have been cut,
removed or destroyed from any lot or tract of land identified in the
application, then and in that event the duly appointed officer may
issue a permit for the removal of such tree or trees.
D. Horticultural purposes. Any tree growing on land actually
being used as a nursery, garden center, tree farm or orchard shall
be excepted.
E. Surface mining. Any tree growing on land being used
for surface mining shall be excepted.
F. Public right-of-way. Any tree growing on a public
right-of-way shall be excepted.
G. Management plan. Any tree cut or removed in accordance
with a management plan shall be excepted.
Appeals from decisions under this chapter may
be made to the Borough Council in writing within 10 days from the
date of such decision. Such appeal shall be by written notice to the
Borough Clerk. The applicant shall be entitled to a hearing before
the Mayor and Council of the Borough within 30 days from the date
of appeal. The Borough Council may thereafter reverse, modify or affirm
the aforesaid decision.
Violation of any of the provisions of this chapter shall be punishable as provided in Chapter
1, General Provisions, Article
I, General Penalty. Each tree or shrub destroyed or damaged in violation of this chapter shall be considered a separate violation.
Activities conducted under a permit pursuant
to this chapter shall be open to inspection at any time by any agency
or agent of the Borough.