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.
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. 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.
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;
C.
Obstructs the view of traffic signs or the free passage of pedestrians
or vehicles, where pruning attempts have not been effective;
D.
Is causing obvious damage to structures (such as building foundations,
sidewalks, etc.);
E.
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).
PERSON
Any individual, resident, corporation, utility, company,
partnership, firm, or association.
PLANTING STRIP
The area within the public right-of-way between the abutting
property line and the curb or edge of pavement, 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 article is removed or proposed
to be removed.
STREET TREE
A tree planted within the public right-of-way. This also
includes trees planted within shade tree easements.
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, 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.
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 for each offense.