[Adopted 6-8-2011 by Ord.
No. 11-02-690]
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:
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.
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.
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.
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.
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.
Any tree dedicated by the Mayor and Council commemorating
an individual or event.
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.
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.
Defined as a lot, other than corner a lot, which has frontage
at opposite ends of the lot on two separate streets.
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.
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.
A plan of tree and shrub removal and/or planting in accordance
with the provisions of this chapter.
B.
Where a lot or tract is proposed to be developed for use as a single-family
residence and the property is part of an approved plan, the developer
must develop the lot in compliance with an approved tree removal/replacement
plan.
C.
Where a lot or tract is proposed to be developed for use as a single-family
residence and the property is not part of an approved plan, the owner
must submit a tree removal plan for approval. A plan to clear no more
than 30% of the existing trees and shrubs in the side, rear and front
yard setbacks for the zone shall be submitted to the Zoning/Code Enforcement
Officer.
D.
No building subcode permit shall be issued for the construction of
any new structure unless and until the owner files with the Zoning/Code
Enforcement Officer a tree removal/replacement plan and obtains the
required approval.
E.
No certificate of occupancy shall be issued unless the tree removal/replacement
is in accordance with the approved plan and all trees to be replaced
have been planted in accordance with the approved plan or a surety
guaranteeing planting has been posted with the Municipal Clerk. In
the event that the trees/shrubs to be planted cannot or should not
be planted due to the season, a conditional certificate of occupancy
shall be issued for a six-month period until such time that the trees/shrubs
are planted in accordance with the tree removal/replacement plan.
A.
A tree removal/replacement plan submitted as part of a development
application shall include the following:
(1)
A site plan, at a scale of one inch equals 50 feet or less, showing
the location of existing wooded areas and clearly marked boundaries
of the plots used to determine the average wooded acre for the site.
For each plot, there shall be a demonstration that no more than 30%
of the existing trees and shrubs in the side, rear and front yard
setbacks applicable to the zone shall be disturbed, cut or removed.
The site plan shall include the lot and block numbers, the street
address, if assigned, and a certification of compliance with the requirements
of this section.
(2)
The location of streams, watercourses and wetlands.
(3)
The locations of slopes of greater than 15% where any tree removal
is proposed.
(4)
The location(s) on the tract where tree removal is to take place.
(5)
Notwithstanding permitted estimates of the quantity of trees to be
removed, all trees with a DBH of 16 inches or greater, including specimen
trees, on the site shall be specifically identified by location, species
and common name. All efforts shall be made to preserve such trees
throughout the tract, including, where practical, relocation of infrastructure,
roadways and buildings.
(6)
The location of replacement trees and shrubs as selected from the
preferred tree list. Trees shall have a minimum diameter at point
of measurement of two and a 2.5 inches. One tree will be replaced
for every 250 square foot of clearing of any and all setbacks. No
replacement trees shall be planted within easements or rights-of-way.
All replacement trees shall be planted within the setbacks applicable
to the zone.
A.
Criteria for Plan Approval and Compliance. Review by the Land Use
Board, Environmental Commission and Zoning/Code Enforcement Officer
shall be guided by the following standards and requirements:
(1)
Trees and shrubs may be removed from the proposed paved portion of
a parking area and 10 feet beyond. In off-street parking areas, other
than for a single residential dwelling, islands of trees must be left
in the manner provided for by the Land Development Ordinance. No paving
of any impervious nature shall be placed around the base of the trunk
of the tree within 10 feet, unless it can be clearly demonstrated
that the location of the pavement will increase the net number of
trees saved. The grade shall be such that drainage of rainwater will
keep the root area watered without pooling. Excess water shall be
admitted to dry wells or storm sewers in the parking lot or drained
by acceptable means, consistent with the municipal stormwater management
plan.
(2)
Trees and shrubs may be removed in private rights-of-way and driveways
within 10 feet of each side of the planned paved area. Alignment of
the driveways should be planned to save as many trees as reasonably
possible.
(3)
If no area other than a wooded area or area with trees can be found
to accommodate the sewerage system and disposal field meeting the
approval of the Board of Health, necessary tree removal shall be permitted.
(4)
Where more than three inches of fill is required around trees, the
trees must be protected by an air well six feet in diameter as needed
around the trunk to prevent the intrusion of soil. Tile pipe must
radiate like spokes from the well to provide oxygen to the roots.
The top of the well must extend six inches above the graded level.
If the tree is of a species that is known to be sensitive to root
disturbance or change in drainage or the owner prefers to remove the
tree, it may be removed and must be replaced with another tree from
the preferred tree list in another or the same area after the fill
has stabilized.
(5)
Tree and shrub removal from any slope of 15% or greater, watercourse
protection and one-hundred-year flood plan area is prohibited unless
approved by the New Jersey Department of Environmental Protection.
(6)
No tree or shrub removal is permitted that will expose utility substations,
transmission towers, public works and other similar structures or
operations except where trees are dead or diseased and/or endanger
life or property.
(7)
No healthy tree that is considered a specimen tree by virtue of history,
unusual size or age or is a rare species should be removed except
as may be required for the protection of health, safety or public
welfare.
(8)
No trees or shrubs on public rights-of-way, parks or public areas
are to be removed by private individuals except as approved by the
Mayor and Council, after review and comment from the Environmental
Commission. The requestor shall provide justification for the removal,
as well as any photos, diagrams or other information required to render
a decision. Utilities are also prohibited from removing trees and
shrubs without approval, unless the activity occurs within a legal
easement area owned by the utility and established in part for maintenance
purposes.
(9)
No memorial trees shall be removed except as approved by the Mayor
and Council.
(10)
Loading of trucks is permitted at the roadside and a loading
area must be constructed off the roadway where possible. After any
cutting operation is complete, any road modifications and changes
in the right-of-way must be restored.
(11)
The outside burning or burying of trees and shrubs or parts
of trees and shrubs is prohibited. Disposal methods shall conform
with all municipal, State and Federal regulations.
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.
A.
The tree removal/replacement plan provided shall be ensured by the
performance and maintenance guarantee requirements of the Municipal
Land Use Law, zoning and Code Enforcement Officer and this article.
Such guarantees shall be for ensuring erosion and sediment controls,
grading, drainage and other on-site improvements and landscaping.
B.
The requirements of this article shall be enforced by the Zoning/Code
Enforcement Officer, who shall inspect or require adequate inspection
of all sites upon which there is an application for site plan or subdivision,
all applicable tree removal or destruction and soil removal incidental
thereto, and for compliance with other pertinent conditions of approval
from the Land Use Board. Upon ascertaining a violation of this article,
the Zoning/Code Enforcement Officer shall refer charges in the Municipal
Court as provided in this section.
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.
