[Adopted 1-11-2007 by Ord. No. 2006-8]
The intent of this article is to prevent indiscriminate
clear-cutting of trees by property owners, prevent soil degradation,
stream encroachment and other adverse effects upon the environment
during development and promote proper revegetation of any site and
to provide a permit application process for the proper authorization
to remove trees from private property.
As used in this article, the following terms
shall have the meanings indicated:
CERTIFICATE OF USE AND OCCUPANCY
The certificate issued by the Construction Code Official
upon completion of the construction of a new building or upon a change
in the occupancy of a building which permits the use of a building
in accordance with the approved plans and specifications and which
certifies compliance with the provisions of law for the use and occupancy
of the building in its several parts together with any special stipulations
or conditions of the building permit or approvals granted by any local
agency.
COMPATIBLE TREE/COMPATIBLE SHRUB
Trees and shrubs authorized by N.J.A.C. 7:50-6.25 to be used
for revegetation or landscaping purposes, or other native trees and
shrubs not listed under N.J.A.C. 7:50-6.25 but adapted to the droughty,
nutrient-poor conditions found in the New Jersey Pinelands.
CRITICAL ROOT ZONE (CRZ)
The minimum area surrounding an established tree which must
be left undisturbed in order to preserve sufficient root mass to provide
the tree with a reasonable chance of survival. Defined as a circular
area surrounding an established tree, of which the center is the center
of the tree trunk and the radius is the distance from the outside
of the trunk to any point 18 times the diameter at breast height (DBH).
The CRZ shall extend to a depth of five feet below surface ground
level.
DECIDUOUS
Perennial tree or shrub which is normally leafless for some
time during the year.
DIAMETER; DIAMETER AT BREAST HEIGHT (DBH)
The diameter of any tree trunk, measured at 4.5 feet above
average grade. If a tree splits into multiple trunks below 4.5 feet,
DBH shall be measured at the narrowest point of the trunk below the
split.
EVERGREEN
Tree or shrub with needles or leaves that remain alive and
on the plant through the winter and into the next growing season.
FRONT YARD
An open unoccupied space (except as permitted herein) on
the same lot with a principal building and extending across the width
of the lot between the front lot line and the front walls or supports
of the principal building, regardless of its configuration.
HAZARDOUS TREE
A dead tree, or one so affected by a significant structural
defect or disease that falling or failure appears imminent and that
poses a threat to life or property, or a tree that impedes safe vision
or traffic flow, or that otherwise currently poses a threat to life
or property, all as determined by a certified arborist at the applicant's
expense.
LANDSCAPING
The installation of plant material or seed as a part of a
development.
LOT DISTURBANCE
Clearing, cutting, grading, excavating, filling, transporting,
or any other activity that alters, eliminates or removes trees on
a lot.
NEW JERSEY BIG TREE
A tree formally designated by the New Jersey Forest Service's
New Jersey's Big Tree Program, New Jersey Division of Parks and Forestry,
which identifies and catalogues the largest individual trees in the
state according to species. A listing of such trees and a map showing
their location is maintained at the principal offices of the Division.
NONTURF VEGETATION
Includes compatible trees of a minimum size of two-and-one-half-inch
DBH and compatible shrubs.
PRESERVED TREE
A tree of six-inch DBH or larger, which is not removed from
a lot on which development is occurring.
PROTECTION MEASURE
A practice or combination of practices (e.g., construction
barriers, protective fencing, tree wells, etc.) used to limit or reduce
construction or development impacts to vegetation.
REMOVE; REMOVAL
The direct or indirect removal of a tree(s) or vegetation
through actions including but not limited to clearing, cutting, causing
irreversible damage to roots or trunks; poisoning; destroying the
structural integrity of trees or vegetation; filling, excavating,
grading or trenching in the critical root zone; relocating an existing
tree to a new planting location; or the elimination or destruction
through any of these processes of greater than 30% of the height,
size or bulk of an established tree.
TREE
A wood plant that has the potential to reach a height of
at least 10 feet, has a single stem and has a definite crown shape.
UNDERSTORY VEGETATION
Small shrubs, herbaceous plants and groundcover plants generally
receiving a height of less than 15 feet at maturity.
All permits issued pursuant to this chapter
shall be valid for a period of one year from the date of approval
by the Borough Council. Any alteration or deviation from the cutting
plan authorized in the permit shall require a new application and
approval prior to undertaking the same. In the event that the permittee
shall alter or deviate from the approved cutting plan, the permit
shall forthwith be rendered null and void. Permits issued pursuant
to this chapter are nontransferable.