This is an article to establish requirements for tree removal and replacement in the Borough of Glen Gardner to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare.
[Added 7-17-2024 by Ord. No. 2024-05[1]]
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.
Means 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.
Means 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, sight line or the free passage of pedestrians or vehicles, where pruning attempts have not been effective;
May cause damage to structures (such as building foundations, sidewalks, etc.);
Any trees whose angle or growth makes them a hazard to a structure of human life; or
Is determined to be a threat to public health, safety, and/or welfare.
Means 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 in Appendix 2 of "An Overview of nonindigenous Plant Species in New Jersey" published by NJDEP. https://dep.nj.gov/wp-content/uploads/invasive-species/2004_invasiveplantsreport.pdf
Means any individual, resident, corporation, utility, company, partnership, firm, or association.
Means 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.
B.
The species type and diversity of replacement trees shall be in accordance with Appendix A.[1] Replacement tree(s) shall:
(1)
Be replaced in accordance with kind with the Tree Replacement Criteria in the table below;
(2)
Be planted within 18 months of the date of removal of the original tree(s); and
(3)
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) (inches) | Tree Replacement Criteria (See Appendix A) |
1 | 0 to 18 | Replacement not required |
2 | 18 to 36 | Replant 2 trees with minimum tree calipers of 1.5 inches or tree height of 3 to 4 feet for each tree removed |
3 | 36 to 48 | Replant 3 trees with minimum tree calipers of 1.5 inches or tree height of 3 to 4 feet for each tree removed |
4 | 48 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 operation.
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 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.
D.
Any trees removed pursuant to a New Jersey Department of Environmental Protection (NJDEP), or U.S. Environmental Protection Agency (EPA) approved environmental clean-up, or NJDEP approved habitat enhancement plan.
E.
Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife.
F.
Hazard trees.
G.
Invasive trees.
H.
Any tree which is part of cemetery.
I.
A tree directed to be removed by municipal, county, state or federal authority pursuant to 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.