The purpose of this section is to control and regulate the destruction
of trees on all properties for development. A further purpose is to
control, protect, conserve, regulate and prevent conditions which
cause increased surface drainage, degradation of water resources,
decreased groundwater recharge, adverse sedimentation and soil erosion.
All of these conditions are, and will be, a detriment to public safety,
health and welfare.
As used in this section, the following terms shall have the
meanings indicated:
APPROVED PLAN
A tree and shrub removal/replacement plan or forestry management
plan which has been approved by the Land Use Board as provided for
in this section. The Land Use Board may seek the advice and/or recommendation
of the Environmental Commission.
DIAMETER AT BREAST HEIGHT
The diameter of an existing tree measured at a point 48 inches
above the downhill side. This phrase may appear in this section as
the abbreviation DBH.
DIAMETER AT POINT OF MEASUREMENT
The diameter of a replacement tree measured at a point on
the tree six inches from ground level on the downhill side. This phrase
may appear in this section as the abbreviation DPM.
DRIP LINE
A limiting line established by a series of perpendicular
drop points marking the maximum radius of the crown of an existing
tree but not less than six feet from the trunk, whichever is greater.
INVENTORY OF MEMORIAL AND/OR SPECIMEN TREES
A list of trees compiled by the Environmental Commission
and approved by the Mayor and Council. The inventory shall be kept
on file in the Municipal Clerk's office and Zoning Office for public
review. The Environmental Commission shall be guided by New Jersey
Department of Environmental Protection regulation N.J.A.C. 7:7E-3.37
when making a determination of specimen trees.
MEMORIAL TREE
Any tree dedicated by the Mayor and Council commemorating
an individual or event.
NEW STRUCTURE
The development of a structure on vacant land or increasing
the size of an existing structure by 30% or more. New structure shall
also include the removal and replacement of an existing structure
regardless of whether or not the replacement structure is larger or
small than the removed structure. The use and definition new structure
shall refer to this article only unless otherwise specified in the
Code of the municipality.
PREFERRED TREE LIST
A list compiled by the Environmental Commission and approved
by the Land Use Board. List shall be primarily comprised of native
species adapted to the soil and climate conditions of the Borough.
REVERSE FRONTAGE LOT
Defined as a lot, other than corner a lot, which has frontage
at opposite ends of the lot on two separate streets.
SHRUBS
Any existing native species of plant or vegetation with a
mass greater than 48 inches in circumference as measured at a point
two feet above the ground.
TREE
Any woody perennial plant having a diameter greater than
six inches, measured at a point four feet above the ground. For the
Dogwood, Ironwood, American Horn Beam, Eastern Red Cedar, White Cedar,
and American Holly, tree as defined as having a diameter greater than
2 1/2 inches, measured at a point four feet above the ground.
All the provisions of this article will apply to reverse frontage
lots; however, only one of the frontages may be cleared in accordance
with the provisions of this article.
Any person violating any of the provisions of this article shall
be subject to a fine not to exceed $1,000 or imprisonment for a term
not to exceed 90 days, or both, upon conviction, in the discretion
of the judicial officer before whom such matter is heard. If the violation
is of a continuing nature, each incident or day which it continues
shall constitute an additional, separate and distinct offense.
Any person aggrieved by the decision of any officer relative
to the provision hereof, may, pursuant to the provision of this article,
within 30 days of receipt of such decision, appeal to the Land Use
Board.