[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:
MONTCLAIR TREE REPLANTING FUND or TREE FUND
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.
PROPERTY
All private lots within the Township, whether developed,
undeveloped, subdivided, or otherwise without exception.
SHADE TREE
Any deciduous or coniferous species which is eight inches
or more DBH or has obtained a height of at least 25 feet.
TOWNSHIP FORESTER
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.
TREE REMOVAL CONTRACTOR
A person in the regular business of removing trees for hire
who is registered with the Township.
TREE REMOVAL PERMIT
A permit issued by the Township pursuant to the provisions
of this article authorizing a person to remove trees.
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.