This chapter shall be known and may be cited as the "Land Clearing,
Tree Preservation and Grading Law of the Village of Belle Terre."
A.
It has been established that trees stabilize the soil, control water
pollution by preventing soil erosion and flooding, absorb air pollution,
provide us with oxygen, yield advantageous microclimatic effects,
have an intrinsic, aesthetic quality, offer a natural barrier to noise
and provide a natural and valuable habitat for wildlife in our area
and that the removal of trees deprives all segments of our society
of these benefits while disrupting the ecological systems of which
they are a part.
B.
It is, therefore, the intent of the Board of Trustees of the Village
of Belle Terre in enacting this chapter to ensure that the greatest
number of trees possible are preserved and left standing before, during
and after the subdivision, site plan and construction process. Where
it is not possible to preserve them, the Board of Trustees intends
to ensure, wherever possible, that a person replaces the trees removed
with a like number and species of newly planted trees.
For the purpose of this chapter, the following terms shall have
the meanings indicated:
An excavation or grading project involving residential lots
containing less than two acres and having existing homes, where earth
is to be removed or rearranged by the taking away or adding of material
to the extent that an existing elevation is changed by more than four
feet or where earth is affected within 10 feet of the property line.
The provisions of this chapter shall not apply when the extent of
such excavation shall be limited to the requirements for the actual
construction of a wall, driveway or sidewalk or to the requirements
for the actual construction of a building or structure or part thereof
for which the Building Inspector has issued a building permit or to
a cesspool or septic tank.
The natural growing characteristics of any tree, which includes
branch spread and distribution, branch height above ground and root
spread and distribution. This also includes the soil around the tree
that, if chemical or biological agents were added to or if more than
two inches of soil were added to, could cause an adverse impact to
the tree up to and including death.
Any individual, firm, partnership, association, corporation,
company, organization or legal entity of any kind, including municipal
corporations or governmental agencies or subdivisions thereof.
Any living perennial, woody plant, its branches, its root
system and its trunk, if greater than three inches in diameter (by
caliper) measured three feet from ground level and six feet in height
measured from ground level.
