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,
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.
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.
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.