This article is intended to further the intent and purpose of this chapter, as set forth in Article I hereinabove. To that end, this article establishes tree removal standards for trees located on private property. The purpose of these specific standards is to encourage and further the protection and preservation of trees and their canopy as important public and environmental resources and to:
A. 
Control and prevent the indiscriminate or excessive removal and destruction of trees and their canopy; and
B. 
Control and prevent conditions that cause an increase in stormwater runoff, sedimentation, soil erosion, loss of wildlife habitat and air and noise pollution, or that inhibit aquifer recharge or impair the ambiance or physical appearance of neighborhoods, historic landscapes and streetscapes; and
C. 
Strike a balance between limiting the adverse impacts of tree removal and not unduly interfering with the ability of a property owner to appropriately remove trees on private property.
It shall be a violation of this article for any person to remove or otherwise destroy any tree as set forth in this section, or to cause or permit the same to be done by any third-party contractor or subcontractor, without first obtaining a permit or approval as provided hereinbelow. Except as otherwise provided in § 425-9, the following acts are hereby regulated and shall require a tree removal permit:
A. 
Removal of or otherwise destroying a tree with a DBH of five inches or more;
B. 
Removal of or otherwise destroying an ornamental or evergreen tree with a height of 10 feet or more;
C. 
Removal or otherwise destroying a tree with a canopy extending over a public right-of-way; and
D. 
Removal of or otherwise destroying any heritage, specimen or significant tree, as defined in § 425-2.
Excepted from the requirements of this article are the following:
A. 
Any tree that poses imminent danger to life or property or where removal is in response to an emergency. To qualify under this exception, the tree shall only be removed to the extent necessary to abate the imminent danger or emergency. If notification of the removal of said tree pursuant to this article has not been given to the Shade Tree Commission prior to removal, then notification must be provided by the next business day or as soon as practicable thereafter. Said notification shall include verification that the tree removal was necessary to abate the imminent danger or emergency;
[Amended 8-10-2021 by Ord. No. 2021-22]
B. 
Any tree that has fallen solely as a result of storm damage, accident, or other bona fide casualty;
C. 
[1]The removal of any trees that are a part of an approved woodland management program pursuant to the provisions of the New Jersey Farmland Assessment Act of 1964.
[1]
Editor's Note: Former Subsection C, regarding dead or substantially diseased trees, was repealed 8-10-2021 by Ord. No. 2021-22. This ordinance also provided for the redesignation of former Subsections D and E as Subsections C and D, respectively.
D. 
Tree removal as part of an application requiring preservation plan approval by a historic preservation commission or such a commission's administrative officer for properties that are subject to the commission's jurisdiction within the historic preservation zoning districts or historic preservation buffer zoning districts.