[Adopted 4-4-2024 by Ord. No. 24-03]
The purpose of this chapter is to establish requirements for
tree removal and replacement in Mannington Township to reduce soil
erosion and pollutant runoff, promote infiltration of rainwater into
the soil, and protect the environment, public health, safety, and
welfare with regard to certain categories of tree removal that are
not subject to review and approval in connection with an application
for development (as defined in the New Jersey Municipal Land Use Law) filed with the Mannington Township Planning Board.
For the purpose of this chapter, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this chapter 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 chapter. Except as otherwise expressly
provided in this chapter, "applicant" shall not include applicants
to the Mannington Township Planning Board who propose to remove trees
in connection with development activities that are the subject of
such applications.
CRITICAL ROOT RADIUS (CRR)
The zone around the base of a tree where the majority of
the root system is found. This 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-inch DBH would have a CRR equal to 6 inches x 1.5
feet = 9 feet.
DIAMETER AT BREAST HEIGHT (DBH)
The diameter of the trunk of a mature tree generally measured
at a point 4 1/2 feet above ground level from the uphill side
of the tree. For species of trees where the main trunk divides below
the 4 1/2 foot height, the DBH shall be measured at the highest
point before any division.
HAZARD TREE
A tree or limbs thereof that meet one or more of the criteria
below. A tree that does not meet any of the criteria below and is
proposed to be removed solely for development purposes is not a hazard
tree. To qualify as a hazard tree, a tree must:
A.
Have an infectious disease or insect infestation;
C.
Be obstructing the view of traffic signs or the free passage
of pedestrians or vehicles, where pruning attempts have not been effective;
D.
Be causing obvious damage to structures (such as building foundations,
sidewalks, agricultural land/structures, etc.); or
E.
Be determined to be a threat to public health, safety, and/or
welfare by a certified arborist or New Jersey licensed tree expert.
PERSON
Any individual, resident, corporation, utility, company,
partnership, firm, or association other than a person who submits
an application for development to the Mannington Township Planning
Board pursuant to the New Jersey Municipal Land Use Law, or a person
who engages in development pursuant to the Mannington Township Planning
Board's approval of such an application, unless compliance with
any provision of this chapter is required as a condition of such Mannington
Township Planning Board approval.
PLANTING STRIP
The part of a street right-of-way between the public right-of-way
and the portion of the street reserved for vehicular traffic or between
the abutting property line and the curb or traveled portion of the
street, exclusive of any sidewalk.
RESIDENT
An individual who resides on the residential property or
contractor hired by the individual who resides on the residential
property where a tree(s) regulated by this chapter is removed or proposed
to be removed.
STREET TREE
A tree planted in the sidewalk, planting strip, and/or in
the public right-of-way adjacent to (or specified distance from) 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 refuges.
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 REMOVAL
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, over-mulching or improper mulching, and improper grading
and/or soil compaction within the critical root radius around the
base of the tree that leads to the decline and/or death of a tree.
Tree removal does not include responsible pruning and maintenance
of a tree, or the application of treatments intended to manage invasive
species, or removal of trees in connection with development pursuant
to an approval issued by the Mannington Township Planning Board unless
compliance with any provision of this chapter is required as a condition
of such Mannington Township Planning Board approval.