[Added 3-14-2024 by Ord.
No. 2024-6]
The purpose of this article is to establish requirements for
tree removal and replacement in the Borough of Netcong in order to
comply with the NJDEP Tier A MS4 permit renewal requirements established
by the State of New Jersey.
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.
Any "person," as defined below, who applies for approval
to remove trees regulated under this article.
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 of six inches x 1.5 feet
= nine feet.
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.
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.
Has an infectious disease or insect infestation;
Is dead or dying;
Obstructs the view of traffic signs or the free passage of pedestrians
or vehicles, where pruning attempts have not been effective;
Is causing obvious damage to structures (such as building foundations,
sidewalks, etc.);
Is determined to be a threat to public health, safety, and/or
welfare by a licensed landscape architect, certified arborist, licensed
tree expert (LTE) or licensed tree care operator (LTCO).
Any individual, resident, corporation, utility, company,
partnership, firm, or association.
The area within the public right-of-way between the abutting
property line and the curb or edge of pavement, exclusive of any sidewalk.
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 article is removed or proposed
to be removed.
A tree planted within the public right-of-way. This also
includes trees planted within shade tree easements.
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.
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.
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, overmulching 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.
Removal does not include responsible pruning and maintenance of a
tree, or the application of treatments intended to manage invasive
species.
A.
Application process.
(1)
Any person planning to remove a street tree with DBH of 2.5 inches or more or any nonstreet tree with DBH of six inches or more on their property which is not exempted from the requirements of this article shall submit a tree removal application to the Zoning Officer of the Borough. No tree shall be removed, unless exempted under § 246-18, until municipal officials have reviewed and approved the removal.
(2)
For larger scale clearing projects over 5,000 square feet, the applicant
shall submit a tree survey as part of the application to determine
number, sizes, and exemptions of trees.
(3)
Applicants will be subject to a $25 application fee.
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 § 246-18, shall be subject to the requirements of the Tree Replacement Requirements Table below.
(2)
Any person who removes one or more tree(s), unless exempt under § 246-18, as defined as tree removal, with a DBH of six inches, shall be subject to the requirements of the Tree Replacement Requirements Table.
(3)
The species type and diversity of replacement trees shall be in accordance
with a list of approved trees and planting requirements kept on file
in the Public Works Department.
(4)
Replacement tree(s) shall:
(a)
Be replaced in kind with a tree that meets the tree replacement
criteria in the table below;
(b)
Be planted within 12 months of the date of removal of the original
tree(s) or at an alternative date specified by the municipality;
(c)
The applicant shall post a bond for a period of two years to
ensure their survival and shall be replaced as needed within 12 months;
and
(d)
Shall not be planted in temporary containers or pots, as these
do not count towards tree replacement requirements.
|
Tree Replacement Requirements Table
| ||
|---|---|---|
|
Category
|
Tree Removed
(DBH)
|
Tree Replacement Criteria (See Appendix A[1])
|
|
1
|
DBH of 2.5 inches (for street trees) or 6 inches (for non-street
trees) to 12.99 inches
|
Replant 1 tree with a minimum tree caliper of 1.5 inches for
each tree removed
|
|
2
|
DBH of 13 inches to 22.99 inches
|
Replant 2 trees with minimum tree calipers of 1.5 inches for
each tree removed
|
|
3
|
DBH of 23 inches to 32.99 inches
|
Replant 3 trees with minimum tree calipers of 1.5 inches for
each tree removed
|
|
4
|
DBH of 33 inches or greater
|
Replant 4 trees with minimum tree calipers of 1.5 inches for
each tree removed
|
[1]
Editor's Note: Appendix A is on file in the Borough offices.
C.
Replacement alternatives. If the municipality 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 municipality.
(2)
Pay a fee per tree removed in accordance with the formula established
and on file with the Borough Administrator. This fee shall be placed
into a fund dedicated to tree planting and continued maintenance of
the trees.
All persons shall comply with the tree replacement standard
outlined above, except in the cases detailed below. Proper justification
shall be provided, when requested by the Borough, in writing, by all
persons claiming an exemption:
A.
The removal of one tree that falls into category 1, 2, or 3 of the
Tree Replacement Requirements Table from a single lot within a two-year
period.
B.
Tree farms in active operation, nurseries, fruit orchards, and garden
centers.
C.
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.
D.
Any trees 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.
E.
Any trees removed pursuant to a New Jersey Department of Environmental
Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved
environmental cleanup, or NJDEP approved habitat enhancement plan.
F.
Approved game management practices, as recommended by the State of
New Jersey Department of Environmental Protection, Division of Fish,
Game and Wildlife.
G.
Hazard trees may be removed with no fee or replacement requirement.
This article shall be enforced by the Department of Public Works
during the course of ordinary enforcement duties.
Any person who violates or who fails or refuses to comply with
the provisions of this article shall be subject to a fine of not less
than $50 nor more than $1,000 and/or any other penalty that is consistent
with Chapter 74, Violations and Penalties, of the Municipal Code[1] for each offense.
