The purpose of this chapter is to protect trees and woodlands from indiscriminate destruction and damage and to further reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil and protect the environment, public health, safety, and welfare.
[HISTORY: Adopted by the Town Council of the Town of Newton 9-11-2024 by Ord. No. 2024-23. Amendments noted where applicable.]
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 word "shall" is always mandatory and not merely directory.
The removal of most or all trees on a property at one time or shortly thereafter for the purpose of creating a lawn or graded areas on that property.
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; and/or
Is dead or dying; and/or
Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective; and/or
Is located near an existing structure and poses a threat to that structure since the structure is located in the fall zone of said tree; and/or
Has a root system that is causing or has the potential to cause damage to structures (such as building foundations, sidewalks, etc.).
Includes all areas disturbed for the purpose of the construction of buildings and structures as well as all graded areas and lawns. The total shall include disturbed areas, both inside and outside of the building envelope.
Any individual, resident, corporation, utility, company, partnership, firm, or association.
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.
A tree planted within a municipal right-of-way strip.
Any lot improvement including, but not limited to, construction or expansion of buildings, decks, sheds, garages, driveways, lawns, pools, septic fields, land clearing, tree removal, terracing, and other land improvements.
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.
To kill and/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. Removal does not include responsible pruning and maintenance of a tree, or the application of treatments intended to manage invasive species.
A.
Any person planning to remove a street tree with DBH of 2.5 inches or more or any non-street tree with DBH of six inches or more on their property which is not exempted from the requirements of this chapter shall submit a tree removal application to the Department of Public Works Supervisor. No tree shall be removed, unless exempted under § 298-6 of this chapter and until Town officials have reviewed and approved the removal.
B.
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.
C.
Applicants shall be subject to a $25 application fee.
A.
Any person who removes one or more street tree(s) with a DBH of 2.5 inches or more, unless exempt under § 298-6 below, shall be subject to the requirements of the Tree Replacement Requirements Table below.
B.
Any person who removes one or more tree(s), as defined as tree removal, with a DBH of six inches or more per acre, unless otherwise detailed under § 298-6 below, shall be subject to the requirements of the Tree Replacement Requirements Table.
C.
The species type and diversity of replacement trees shall be in accordance with a list of approved trees and planting requirements kept on file with the Department of Public Works Supervisor.
D.
Replacement tree(s) shall:
(1)
Be replaced in kind with a tree that has an equal or greater DBH than tree removed or meet the tree replacement criteria in the table below;
(2)
Be planted within 12 months of the date of removal of the original tree(s) or at an alternative date specified by the Town;
(3)
Be monitored by the applicant for a period of two years to ensure their survival and shall be replaced as needed within 12 months; and
(4)
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" (for street trees) or 6" (for non-street trees) to 12.99" | Replant 1 tree with a minimum tree caliper of 2.5" for each tree removed |
2 | DBH of 13" to 22.99" | Replant 2 trees with minimum tree calipers of 2.5" for each tree removed |
3 | DBH of 23" to 32.99" | Replant 3 trees with minimum tree calipers of 2.5" for each tree removed |
4 | DBH of 33" or greater | Replant 4 trees with minimum tree calipers of 2.5" for each tree removed |
[1]
Editor's Note: Appendix A is on file in the Town offices.
With the exceptions established in this chapter below, no person shall cut or remove, or cause to be cut or removed, any existing trees for the purpose of clear cutting or harvesting unless the cutting and removal can be accomplished in accordance with the provisions set forth in this chapter.
The following shall be exempted from the requirements of this chapter:
A.
Commercial nurseries or fruit orchards.
B.
Christmas tree farms.
C.
Any tree which is a part of a cemetery.
D.
Trees directed to be removed by the Town, county, state, and/or federal authority, pursuant to law.
E.
Removal of hazard trees.
F.
Pruning or removal of street trees by utility companies and/or maintenance of utility wires or pipelines and/or the pruning of trees within sight easements.
H.
Parcels of land with a forest management plan and/or woodland management plan that has the required approval by the NJDEP Division of Forestry and/or the appropriate state agency. These plans are on file in the Tax Assessor's office.
I.
Trees being removed on a property for the purpose of constructing a firebreak that will create a strip of ground where vegetation will be removed to stop the progress of forest fires.
J.
Street trees which are required to be removed by property owners due to said trees interfering with driver sight distances and/or are dead or dying and need to be removed to preserve the public health, safety, and general welfare.
K.
Parcels of land with preliminary site plan or subdivision approval, major or minor. Removal of trees prior to Town Land Use Board approval is prohibited, unless it is part of a required site investigation, such as percolation test for septic system suitability.
L.
Trees to be removed as necessary to permit the construction of buildings, structures, decks, pools, driveways, septic field, lawn area for recreational use for the residents of the dwelling and any other improvements approved by way of a zoning permit issued by the Zoning Officer.
M.
Trees removed as required to install a new and/or repair an existing septic system as approved by the Sussex County Health Department or the New Jersey State Department of Environmental Protection.
This chapter shall be enforced by the Newton Town Manager or his designee during the course of ordinary enforcement duties. It shall be unlawful for any reason to violate any part of this chapter adopted by the Town of Council of the Town of Newton.