[Adopted by Ord. No. 96-32 (Sec. 11-2 of the 2002 Revised General Ordinances)]
[Amended 6-19-2023 by Ord. No. 23-21; 11-20-2023 by Ord. No. 23-33]
For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this article clearly demonstrates a different meaning. When consistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The use of the word "shall" means the requirement is always mandatory and not merely directory.
APPLICANT
Any "person," as defined below, who applies for approval to remove trees regulated under this article.
CRITICAL ROOT RADIUS (CRR)
The zone around the base of a tree where the majority of the root system is found. The zone is calculated by multiplying the diameter at breast height (DBH) of the tree by 1.5 feet. For example: a tree with a six inches DBH would have a CPR of nine feet (six inches times 1.5 feet).
DIAMETER AT BREAST HEIGHT (DBH)
The diameter of the trunk of a tree generally measured at a point four and a half feet above ground level from the downhill side of the tree.
ENFORCEMENT OFFICER
Either the Director of Shade Trees or the Director of Public Works of the Township of Clark.
HAZARD TREE
Any tree, or limb thereof, that has an infectious disease or insect; is dead or dying; obstructs the view of traffic signs or the free passage of pedestrians or vehicles; is causing obvious damage to structures (such as building foundations, sidewalks, etc.); or threatens public health, safety, or welfare.
HOMEOWNER
A person(s) who owns a residence.
PERSON
Any individual, corporation, company, partnership, firm, association, political subdivision of this state and any state, interstate or federal agency.
PLANTING STRIP
The part of a street right-of-way between the public right-of-way adjacent to the portion of the street reserved for vehicular traffic abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk.
STREET TREE
A tree planted in the sidewalk, planting strip, and/or in the public right-of-way adjacent (or specific distance) the portion of the street reserved for vehicular traffic. This also includes trees planted in planting strips within the roadway right-of-way, i.e., islands, medians, pedestrian figures.
TREE
A woody perennial plant, typically having a single stem or trunk growing to a considerable height and bearing lateral branches at some distance from the ground.
TREE CALIPER
The diameter of the trunk of a young tree, measured six inches from the soil line. For young trees whose caliper exceeds four inches, the measurement is taken 12 inches above the soil line.
TREE OF SIGNIFICANCE
Any tree that is recognized by the municipal governing body or local historical organization(s) as being of significance due to its size, unique value, age, rarity, or the aesthetic, botanical, ecological, and historical value.
TREE REMOVAL
A. 
To kill or to cause irreparable damage that leads to the decline and/or death of a tree. This includes, but is not limited to, excessive pruning, application of substances that are toxic to the tree, and improper grading and/or soil compaction around the base of the tree that leads to the decline and/or death of a tree. Removal does not include responsible pruning and maintenance of a tree, or the application of tree treatments intended to manage invasive species.
B. 
Approved list of replacement tree species and planting standards shall be in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey 2017 Edition or more current version. Alternative selections may be allowed with the approval of the Shade Tree Director.
A. 
No Township tree situated on Township property (including trees within the Township right-of-way) shall be cut down or removed unless the owner of the property abutting the right-of-way or Township-owned property wherein the tree is situated shall first obtain a permit for the cutting down/removal of same. The enforcement officer shall grant or deny such permit after due consideration of the effect of such removal upon the drainage conditions, soil stability and effect on other trees located on the same or adjacent property.
B. 
No more than two trees on the same lot or right-of-way shall be cut down or removed in any one calendar year by the Township unless approved by the enforcement officer. The enforcement officer shall grant or deny such permit after due consideration of the effect of such removal upon the drainage conditions, soil stability and effect on other trees located on the same or adjacent property.
C. 
The provisions of this section shall not apply to the removal of trees covered by an approved site plan.
[Amended 6-19-2023 by Ord. No. 23-21; 11-20-2023 by Ord. No. 23-33]
A. 
Application process. Any person planning to remove a street tree with DBH of 2.5 inches or more or any non-street tree with DBH of six inches or more on their property shall submit a tree removal application to the Director of Public Works. No tree shall be removed until the Director of Public Works or the Director of the Shade Tree Commission has reviewed and approved the tree removal application.
B. 
Tree replacement requirements.
(1) 
Any person who removes one or more street tree(s) with a DBH of 2.5 inches or more, unless exempt under § 338-15D, shall be subject to the requirements of the Tree Replacement Requirements Table below. Applicants will be subject to and must pay when applying, an application fee as per the Tree Replacement Requirements Table below.
(2) 
For applicants, other than homeowner. Within a five-year period, any person, other than a homeowner, who removes one or more tree(s) with a DBH of six inches or more per acre, unless exempt under § 338-15D, shall be subject to the requirements of the Tree Replacement Requirements Table below.
(3) 
For homeowner applicants. Any tree removed by a homeowner shall be replaced in kind with a tree that has an equal or greater DBH than tree removed or meet the tree replacement criteria in the table below.
(4) 
The species type and diversity of replacement trees shall be in accordance with the approval the Director of Public Works or the Director of the Shade Tree Commission, in his or her discretion.
(5) 
Replacement tree(s). Replacement tree(s) shall meet the required actions in the table below, and shall be planted within 12 months of the date of removal of the original tree(s). Replacement tree(s) shall be monitored by the applicant for a period of two years to ensure their survival and shall be replaced as needed within 12 months after such tree(s) they die. Trees planted in temporary containers or pots do not count towards tree replacement requirements.
Tree Replacement Requirements Table
Category
Tree Removed (DBH)
Required Action
Application Fee
1
DBH of 2.5 inches (for street trees) or 6 inches (for other trees) to 12.99 inches
Replant 1 tree in accordance with the approval the Director of Public Works or the Director of the Shade Tree Commission, with a minimum DBH of 1.5 inches for each tree removed.
$30
2
DBH of 13 inches to 22.99 inches
Replant 2 trees in accordance with the approval the Director of Public Works or the Director of the Shade Tree Commission, with minimum DBHs of 1.5 inches for each tree removed.
$30
3
DBH of 23 inches to 32.99 inches
Replant 3 trees with minimum DBHs of 1.5 inches for each tree removed.
$30
4
DBH of 33 inches or greater
Replant 4 trees with minimum DBHs of 1.5 inches for each tree removed.
$30
C. 
Replacement alternatives. If the Director of Public Works or the Director of the Shade Tree Commission, determines that some or all required replacement trees cannot be planted on the property where the tree removal activity occurred, then the applicant shall do one of the following:
(1) 
Plant replacement trees in a separate area(s) approved by the Director of Public Works or the Director of the Shade Tree Commission.
(2) 
Pay a fee of $375 per tree removed. This fee shall be placed into a fund dedicated to tree planting.
D. 
Exemptions. All persons shall comply with the tree replacement standard outlined above, except in the following cases. Proper justification shall be provided, in writing, to the municipality by all persons claiming one or more of the exemptions as set forth below:
(1) 
Residents who remove less than four trees per acre that fall into Category 1, 2 or 3 of the Tree Replacement Requirements Table within a five-year period.
(2) 
Tree farms in active operation, nurseries, fruit orchards, and garden centers. The requirement of proper justification shall be met by submission of a written description certifying the active lawful operation of a tree farm, nursery, fruit orchard, or garden center and photographs substantiating same, to the satisfaction of the Director of Public Works or the Director of the Shade Tree Commission.
(3) 
Properties used for the practice of silviculture under an approved forest stewardship or woodland management plan. The requirement of proper justification shall be met by submission of a written description certifying that the property is used for the practice of silviculture under an approved forest stewardship or woodland management plan, copies of all such approvals thereof in writing and a written statement from licensed tree expert or arborist confirming such claim, to the satisfaction of the Director of Public Work or the Director of the Shade Tree Commission.
(4) 
Any trees removed pursuant to a New Jersey Department of Environmental Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved environmental clean-up, or NJDEP approved habitat enhancement plan. The requirement of proper justification shall be met by submission of a written description certifying that the property is subject to a New Jersey Department of Environmental Protection (NJDEP)- approved or U.S. Environmental Protection Agency (EPA)-approved environmental clean-up, or NJDEP-approved habitat enhancement plan, copies of all such approvals thereof in writing and a written statement from licensed tree expert or arborist confirming such claim, to the satisfaction of the Director of Public Work or the Shade Tree Director.
(5) 
Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife. The requirement of proper justification shall be met by submission of a written description certifying that the property is subject to approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife, copies of all such approvals and recommendations thereof in writing and a written statement from licensed tree expert or arborist confirming such claim, to the satisfaction of the Director of Public Works or Shade Tree Director.
(6) 
Hazard trees may be removed with no fee or replacement requirement. The requirement of proper justification shall be met by submission of a written description certifying that the trees targeted for removal are nuisance trees, photographs substantiating same and a written statement from licensed tree expert or arborist confirming such claim, to the satisfaction of the Director of Public Works or the Shade Tree Director.
[Amended 6-19-2023 by Ord. No. 23-21; 11-20-2023 by Ord. No. 23-33]
The Director of Public Works or the Shade Tree Director shall enforce this article. Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine of $875. The removal of a tree of significance is not subject to a fine limit, which shall be fixed by the Municipal Court of the Township of Clark in its discretion, but such fine shall in no event be less than $875.