[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]
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.
[1971 Code § 16-1.3]
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 trunkeds 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]
The activities described in this section and any substantially
similar activity are regulated activities:
a. Removing, causing or permitting the removal of any significant specimen
tree.
b. Except on lots where the principal use is an existing single-family
dwelling, not subject to a contract of sale, an option or agreement
to buy or a similar agreement, and where no change of title has taken
place within the prior calendar year.
1. Removing, causing or permitting the removal of any tree having a
trunk diameter of four (4") inches DBH or larger.
2. 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 (2 1/2) inches DBH or larger for any other
ornamental tree.
3. Clear Cutting areas which total more than 20% or a lot or on slopes
steeper than 15%.
c. 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 in paragraph
a and/or b above.
[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 § 16-1.8]
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.