[Added 7-22-2024 by Ord. No. 2024-14]
An amendment to establish requirements for tree removal and replacement in the Town of Belvidere to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soli and protect the environment, public health, safety and welfare.
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.
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. Trees that do not meet any of the criteria below and are proposed to be removed solely for development purposes are not hazard trees.
A. 
Has an infectious disease or insect infestation; or,
B. 
Is dead or dying; or,
C. 
Obstructs the view of traffic signs;
D. 
May cause damage to structures (such as building foundations, sidewalks, etc.); or,
E. 
Any trees whose angle or growth makes them a hazard to a structure of human life; or
F. 
Is determined to be a threat to public health, safety and/or welfare.
INVASIVE TREES
Non-native to the New Jersey ecosystem and whose introduction causes or is likely to cause economic or environmental harm or harm to human health. A list of these plants can be obtained from Appendix 2 of "An Overview of Nonindigenous Plant Species in New Jersey" published by NJDEP at https://dep.nj.gov/wp-content/uploads/invasive-species/2004_invasiveplantsreport.pdf.
PERSON
And individual, resident, corporation, utility, company, partnership, firm or association.
TREE
A woody plant having one erect perennial stem (trunk) that can support itself.
A. 
Tree replacement requirements:
(1) 
Any person who removes one or more tree(s), with a DBH of 18 inches or more, within 300 feet of a designated C-1 stream, and/or within 300 feet of a wetlands classified as "high value" by NJDEP.
(2) 
The clearing/removal of greater than 10 trees per acre with a DBH of 18 inches or more. For purposes of this restriction, clearing/removal shall not include areas cleared for the construction of buildings, accessory structures, driveways, stormwater facilities, septic systems and other ancillary structures erected pursuant to valid zoning and building permits or site plan/subdivision approval. The species type and diversity of replacement trees shall be in accordance with Appendix A[1] and replacement tree(s) shall:
(a) 
Be replaced in accordance with kind with the Tree Replacement Criteria in the table below; and,
(b) 
Be planted within 18 months of the date of removal of the original tree(s); and;
(c) 
In the event a regulated tree should be removed prior to measurement, the DBH will be taken at the stump, but no higher than four feet from the ground.
Tree Replacement Requirements Table
Category
Tree Removed (DBH)
Tree Replacement Criteria (See Appendix A)
1
DBH of 0 inches to 18 inches
Replacement no required
2
DBH of 18 inches to 36 inches
Replant trees with minimum tree calipers of 1.5 inches or tree height of 3 to 4 feet for each tree removed
3
DBH of 36 inches to 48 inches
Replant 3 trees with minimum tree calipers of 1.5 inches or tree height of 3 to 4 feet for each tree removed
4
DBH of 48 inches or greater
Replant 4 trees with minimum tree calipers of 1.5 inches or tree height of 3 to 4 feet for each tree removed
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
All persons shall comply with the tree replacement standard outlined above, except in the cases detailed below:
A. 
Farms in active operations.
B. 
Properties used for the practice of silviculture under an approved forest stewardship or woodland management plan that is active and on file with the municipality.
C. 
Any tree removed as part of a municipal or state decommissioning plan. This exemption only includes trees planted as part of the construction and predetermined to be removed in the decommissioning plan.
D. 
Any trees removed pursuant to an NJDEP or US EPA approved environmental cleanup or NJDEP approved habitat enhancement plan.
E. 
Approved game management practices as recommended the NJDEP Division of Fish, Game and Wildlife.
F. 
Hazard trees.
G. 
Invasive trees.
H. 
Any tree which is part of a cemetery.
I. 
A tree directed to be removed by Municipal, County, State or federal authority pursuant to the law.
J. 
Pruning or removal of trees within the right-of-way by utility companies for the maintenance of utility wires or pipelines.
K. 
Trees removed in conjunction with farmland greater than five acres in size that will be actively devoted primarily to agricultural uses.
L. 
Fallen trees due to exceptionally high winds, a snowstorm, a hurricane or any other kind of natural disaster or event.
M. 
Any tree that is subject to jurisdiction of the Shade Tree Commission as established in Chapter 98.
The provisions of this chapter may be enforced by the Zoning Official, Municipal Engineer, Police Department, Animal Control Officer, Municipal Clerk/Administrator or other individual designated by the Mayor and Town Council. A violation of this chapter shall be subject to a fine not exceeding $25.