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. 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.
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.