[1971 Code § 16-1.1]
This chapter shall be known as and may be cited as the "Environmental
Tree Protection Regulations of the Borough of Matawan."
[1971 Code § 16-1.2; amended 5-7-2024 by Ord. No. 2024-09]
a. The purpose of this chapter is to prevent clear cutting of trees
through the Borough, and to restrict the removal of other trees, thereby
maintaining the beauty and character of the Borough of Matawan, preventing
erosion, controlling action that will substantially change drainage
patterns, and restricting any action that could create hazard to persons
or property.
b. It is recognized that there is a strong interrelationship between
the integrity of the Borough's water resources, development on
steep slopes, tree removal, soil disturbance, stormwater management
and the general use of the land resources. Fewer trees throughout
the Borough also correlates with increased air pollution. Therefore,
the Borough finds that the appropriate management of these resources
is an important health, safety and general welfare concern.
c. Managing the Borough's tree resources is consistent with the
New Jersey Urban & Community Forestry Program and the Borough's
community forestry management plan. For purposes of this Chapter,
the applicable management guidelines to be utilized for tree preservation
within the Borough are the American National Standards Institute (ANSI)
A300 Tree Care Standards.
d. Trees are declared to be an important cultural, ecological, scenic
and economic resource. As such, it shall be unlawful to cut down,
damage, poison or in any other manner destroy or cause to be destroyed
any trees covered by this chapter, except in accordance with the provisions
of this Chapter.
[1971 Code § 16-1.3; amended 5-7-2024 by Ord. No. 2024-09]
As used in this chapter:
APPLICANT
Shall mean any person making application to the Tree Conservation
Officer for a Tree Protection Permit.
CLEAR CUTTING
Shall mean the removal of all, or substantially all, of any
size or type of trees within an area on a lot larger than 500 square
feet, or within non-contiguous areas on a lot which have a total combined
area greater than 1000 square feet.
DIAMETER AT BREAST HEIGHT (DBH)
Shall mean the diameter of a tree measured at breast height,
which is approximately three and one-half (3.5) feet above the ground.
The diameter of a multi-trunked tree shall be 2/3 of the sum of the
diameters of all trunks but not less than the diameter of the largest
trunk. Diameter shall be calculated to be 1/3 of the circumference
for the purpose of this definition.
EMERGENCY
Shall mean any unforeseen circumstances or occurrence, the
existence of which constitutes a clear and immediate danger or hazard
to person or property.
MITIGATION PLAN
Shall mean a plan prepared by a qualified person acceptable
to the Tree Conservation Officer showing the planting of replacement
trees on the property on which a restricted regulated activity is
taking place or on other properties within the Borough. Said plan
must depict, in a manner acceptable to the Tree Conservation Officer
scheme for the ultimate full replacement of trees removed.
PERMITTEE
Shall mean any person who has been issued a permit pursuant
to the terms and conditions of this chapter and who is obligated to
fulfill all the terms of this chapter.
PERSON
Shall mean any person, firm, partnership, association, corporation,
company, or public or private organization of any kind other than
those exempted from the provisions of this chapter.
SIGNIFICANT SPECIMEN TREE
Shall mean any tree or ornamental tree with a diameter a
breast height (DBH) exceeding 75% of that of the largest similar tree
listed in either of these references: Monmouth County's Largest Trees,
prepared and annually updated by the Monmouth County Shade Tree Commission
or New Jersey's Big Trees, prepared and updated biannually by the
Division of Parks and Forestry of the New Jersey Department of Environmental
Protection.
SPECIMEN TREE
Shall mean any tree or ornamental tree which is not a Significant
Specimen Tree and which has a diameter at breast height (DBH) of 18
inches or more.
THINNING
Shall mean the removal of undesirable, competitive, diseased
or damaged trees so as to improve the development of the remaining
trees on a lot.
TREE
Shall mean any living deciduous or coniferous (evergreen)
tree with a normally anticipated mature height of 20 feet or greater
(including, but not limited to: Norway, Red, Silver or Sugar Maple,
Sweetgum, London Plane, American Sycamore, White, Red or Pin Oak,
American Elm, Yellow or White Poplar, Copper Beech, Cedar Spruce,
Pine, fir or Hemlock).
TREE CONSERVATION OFFICER
Shall mean the person designated by the Shade Tree Commission
to administer and enforce this chapter. If no such person is designated,
the Borough Clerk or the Clerk's designee, shall act as Tree Conservation
Officer.
TREE EXPERT/INSPECTOR
Shall mean a specialist in trees or tree care whose qualifications
are acceptable to the Tree Conservation Officer.
TREE, ORNAMENTAL
Shall mean any living Dogwood, American Holly, Native Laurel
and any other small decorative tree with a normally anticipated mature
height of six feet or greater (including, but not limited to: Birch,
Japanese Maple, Cherry, Crabapple, Magnolia, Bradford Pear and Willow).
[1971 Code § 16-1.4; amended 5-7-2024 by Ord. No. 2024-09]
a. The activities described in this section and any substantially similar
activity are regulated activities:
1. Removing, causing or permitting the removal of any significant specimen
tree.
2. Removing, causing or permitting the removal of any tree having a
trunk diameter of six inches DBH or larger.
3. Removing, causing or permitting the removal of any ornamental tree
have a size as follows:
(a) One inch DBH or larger for any Dogwood (Cornus Florida) or American
Holly (Illex Opaca).
(b) Three inches or larger root crown diameter for any Native Laurel
(Kalmia Latisolia);
(c) Two and one-half inches DBH or larger for any other ornamental tree.
4. Clear Cutting areas which total more than 20% or a lot or on slopes
steeper than 15%.
5. Undertaking, causing or permitting any activities including occupancy,
grading, demolition or construction on, or adjacent to any lot which
may damage; or otherwise causing or permitting any damage, injury
or disfigurement to any tree or ornamental tree described hereinabove.
b. Tree Replacement Requirements.
1. Any person who removes one or more street tree(s) with a DBH of 2.5 inches or more, unless exempt under Section
24-10, shall be subject to the requirements of the Tree Replacement Requirements Table below.
2. Any person who removes one or more tree(s) with a DBH of six inches or more, unless exempt under Section
24-10, shall be subject to the requirements of the Tree Replacement Requirements Table.
3. Replacement tree(s) shall:
(a) Be replaced in kind with a tree that has an equal or greater DBH
than tree removed or meet the Tree Replacement Requirements in the
table below;
(b) Be planted within 12 months of the date of removal of the original
tree(s) or at an alternative date specified by the Borough;
(c) Be monitored by the applicant for a period of two years to ensure
their survival and shall be replaced as needed within 12 months; and
(d) Shall not be planted in temporary containers or pots, as these do
not count towards tree replacement requirements.
Tree Replacement Requirements Table
|
---|
Tree Removed (DBH)
|
Tree Replacement Requirement(s)
|
Mitigation Fee
|
---|
DBH of 2.5" (for street trees) or 6.0" (for non-street trees)
up to 9.99"
|
Replant 1 tree with a minimum tree caliper of 2.0"
|
$340 per Removed Tree
|
DBH of 10" to 13.99"
|
Replant 2 trees with minimum tree calipers of 2.0"
|
$680 per Removed Tree
|
DBH of 14" to 17.99"
|
Replant 3 trees with minimum tree calipers of 3.0"
|
$1,200 per Removed Tree
|
DBH of 18" to 21.99"
|
Replant 4 trees with minimum tree calipers of 3.0"
|
$1,600 per Removed Tree
|
DBH of 22" to 25.99"
|
Replant 5 trees with minimum tree calipers of 3.5"
|
$2,400 per Removed Tree
|
DBH of 26" or greater
|
Replant 6 trees with minimum tree calipers of 4.0"
|
$2,880 per Removed Tree
|
4. Replacement Alternatives. If the Tree Conservation Officer determines
that some or all required replacement trees cannot be planted on the
property where the tree removal activity occurred, then the applicant
shall do one of the following:
(a) Plant replacement trees in a separate area(s) approved by the Borough.
(b) Pay the Mitigation Fee for the removed tree size(s) based on the
fee schedule in the Tree Replacement Requirements Table hereinabove.
All such fees shall be placed into the Shade Tree Trust Fund.
[1971 Code § 16-1.5]
No person shall engage in, nor allow, permit or direct any person to engage in, any regulated activity as defined in Section
24-4 above unless a Tree Protection Permit is first obtained from the Tree Conservation Officer.
[1971 Code § 16-1.6; amended 5-7-2024 by Ord. No. 2024-09]
a. Application for a Tree Protection Permit shall consist of:
1. A fully and accurately completed application form provided by the
Borough.
2. A Tree Removal Plan in sufficient detail to identify the nature and
limits of all regulated activities including the location, species,
diameter and estimated height of all tree removals and the limits
of all existing or proposed principal or accessory structures in relation
to any removals. For removals of five or fewer trees on a lot where
the principal use is an existing single-family dwelling, the Tree
Removal Plan may be provided using a legible sketch, a tax map reproduction,
a copy of an existing survey or similar drawing with field measurements
and dimensions provided by the property owner or the owner's agent.
For other removals, the Tree Removal Plan shall be prepared by a qualified
professional, acceptable to the Tree Conservation Officer.
3. A narrative description of the property owner's reason for removing
the trees, including a description of any alternate considered.
4. A signed evaluation and recommendation from a tree expert, whose
qualifications are acceptable to the Tree Conservation Officer, shall
be provided if the reasons for the removal include the removal of
dead or diseased trees or a horticulturally advantageous thinning
or an overgrown area.
5. A Tree Protection Permit application fee:
(a) Thirty-five ($35.00) dollars for applications proposing removal of
five or fewer trees on a lot containing an existing single-family
dwelling.
(b) One hundred fifty ($150.00) dollars for other applications proposing
removal of five or fewer trees on any other type of lot; or
(c) One hundred fifty ($150.00) dollars plus twenty-five ($25.00) dollars
per tree removed, for all other applications.
(d) Fees may be waived or modified by the Borough Council for charitable,
public or quasi-public agencies or for eleemosynary institutions or
in unusual and exceptional circumstances, i.e. disease, safety or
under wires.
6. The applicant will place or cause to be placed, in a highly visible
manner, a one inch wide yellow ribbon, which may be obtained from
the Tree Conservation Officer, around the trunk of each tree to be
removed, to aid the Borough in evaluating the proposed removals.
7. The Tree Conservation Officer of Matawan may seek the advice of such
Borough officials, agencies, committees, boards and commissions, as
Tree Conservation Officer may believe necessary in evaluating a permit
application.
8. After evaluation of an application, the Tree Conservation Officer,
will take one of the following actions within the time set forth.
b. If the Tree Conservation Officer determines that the permit application
is incomplete, unclear, inaccurate or otherwise deficient, the Tree
Conservation Officer shall so advise the applicant and return the
permit application within 30 days of the date of application. The
applicant may revise, supplement and/or resubmit the application,
which will then be treated as a new application except no additional
fee is required. An applicant may elect not to resubmit a returned
application and, in such case, may request refund of 50% and any fee
paid.
1. If Tree Conservation Officer determines that the proposed regulated activity is permitted or prohibited by the standards set forth in Section
24-7,
a permit shall be, respectively issued or denied within 30 days of the date of application.
2. If the Tree Conservation Officer determines that the proposed regulated activity is restricted by the standards set forth in Section
24-7, the application will be referred to the Unified Planning Board for review and recommendation pursuant to N.J.S.A. 40:55D-26b(3) within 60 days of the date of application.
3. In issuing permits under this chapter, the Tree Conservation Officer
may impose reasonable permit conditions necessary to effectuate the
purposes of this chapter.
c. Any person who wishes to appeal any decision taken by the Tree Conservation
Officer in the administration and/or enforcement of this chapter may,
within 10 business days of the date of action of the Tree Conservation
Officer, appeal to the Unified Planning Board. The Unified Planning
Board may establish procedures to hear such appeals and shall render
a decision affirming, reversing and/or modifying the decision or action
of the Tree Conservation Officer within 90 days of the date of appeal.
In hearing such appeals, the Unified Planning Board may seek the opinion
of the Shade Tree Committee, the Environmental Commission or any other
State, County or municipal agency or official.
[1971 Code § 16-1.8]
In connection with any construction, subsequent to tree clearing
but prior to the start of other construction, snow fencing or other
protective barrier acceptable to the Construction Official and/or
Tree Conservation Officer, shall be placed around trees that are not
to be removed. The protective barriers shall be placed at least ten
(10') feet from the trunk of any tree and shall remain in place until
all construction activity is terminated. No equipment, chemicals,
soil deposits or construction materials shall be placed within any
area so protected by barriers. Any landscaping activities subsequent
to the removal of the barriers shall be accomplished with light machinery
or hand labor.
[1971 Code § 16-1.9]
In the event of an emergency, any person, otherwise subject
to this chapter, having responsibility, jurisdiction and/or authority
to cure, remedy or mitigate dangerous, hazardous, inconvenient, unhealthy
or obnoxious conditions resulting from the emergency may, without
first applying for and obtaining a permit under this chapter, take
any lawful action which is otherwise a regulated activity. However,
such person or the agent or designee of such person shall apply for
a Tree Protection permit not later than the end of the second succeeding
business day after any regulated activity takes place and may not
proceed with non-emergency work including restoration until a permit
is obtained.
[1971 Code § 16-1.10]
This chapter shall not apply to regulate activities by:
a. The Borough or those acting under the control and direction of the
Borough including any person acting pursuant to a specific agreement
of contract approved by the Borough Council.
b. Federal, State or County agencies or those acting under their control
and direction.
c. Entities, having by their charters and the Laws of the State, authority
to engage in a regulated activity without the consent of the Borough
but only insofar as the purpose to which such authority extends; in
all other respects, such entities shall comply with this section.
d. Commercial nurseries and similar established legally operating uses.
e. Properties operating under a silviculture or forestry management
plan approved by the State of New Jersey.
f. Utility companies with public rights-of-way when such companies are
operating under the jurisdiction of the public agency controlling
the right-of-way.
[Ord. No. 13-03]
BOROUGH ARBORIST
Shall mean the Borough of Matawan Arborist or someone designated
by the Borough to perform the duties of the arborist.
PERSON
Shall mean every person, firm, association, partnership,
and corporation.
PUBLIC UTILITY COMPANY
Shall refer to a public utility as defined in the Revised
Statutes of the State of New Jersey (R.S. 48:2-13).
STREET
Shall mean:
2.
Municipal parks and fields
TREE
Shall be defined as any living deciduous or coniferous tree
with a normally anticipated mature height of 20 feet or greater.
[Ord. No. 13-03]
The mission of the Community Forestry Plan is to protect the
Borough's existing trees, to provide methods to increase their numbers
and to maintain healthy trees, which would reduce damage and hazards
to residents while providing great environmental benefit. The implementation
of this Plan will result in a more healthy and safe community forest
resource.
[Ord. No. 13-03; amended 5-7-2024 by Ord. No. 2024-09]
a. Any person found guilty of violating any of the provisions of these
regulations shall, upon conviction by the Municipal Court or other
judicial court of competent jurisdiction may be fined a sum of not
exceeding $1,500 for each offense. Each day after the notification
any violation of this section shall continue shall constitute a separate
offense.
b. In addition to the fine of $1,500 referred to in paragraph a above,
the Borough of Matawan may impose an additional civil penalty of an
assessment paid to the municipality based upon the value of the tree
as determined by a Certified Tree Expert or a trained forester or
by a formula of not exceeding $40 per square inch of a cross-section
of the trunk measured 4.5 feet above ground level. This amount shall
be modified by the tree's species variety, location, and its condition
at the time of damage or destruction.
c. The Code Enforcement Department, Police Department, and the Borough
Administrator shall have the authority to issue summons, to initiate
proceedings for the collection of civil penalties and to otherwise
enforce the provisions of this section.
[Added 5-7-2024 by Ord. No. 2024-09]
There is hereby established a Shade Tree Trust Fund which shall
receive contributions in accordance with this Chapter. The Shade Tree
Trust Fund shall be administered in accordance with applicable local
government finance laws and be used for the purposes of planting new
shade trees and maintaining existing shade trees on public property
within the Borough of Matawan. The Borough CFO shall administer the
Shade Tree Trust Fund.