[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.