§ 30-6. PROCEDURE FOR OBTAINING A TREE REMOVAL PERMIT.

a.

Except as set forth in Section 30-4 of this Chapter, or exempt in Section 30-5 of the Chapter, no tree shall be cut or otherwise removed without first obtaining a tree removal permit.

b.

For the development of property as either a minor or major subdivision or site plan, the approval of the Planning Board or Board of Adjustment will be required. The applicant shall submit to said Planning Board or Board of Adjustment simultaneously with the application for approval of such development, fifteen (15) copies of a "Tree Preservation Plan" and map prepared by a landscape architect or professional engineer licensed in the State of New Jersey which plan shall include the following information:

1.

The boundary lines and acreage of the site and the lot and block number(s) as designated on the Borough's Tax Map;

2.

The location of the position of all trees, as previously defined, including trees within fifty (50′) feet of the limit of disturbance of any proposed streets, underground or above ground utility lines, and structures;

3.

The identity of the species and the quantity of each species of trees which are to be removed or disturbed;

4.

A list of the specific proposals for replanting, if applicable;

5.

The location of all streams and water courses on the site; and

6.

The location of slopes with a grade steeper than ten (10%) percent from which trees are to be removed.

c.

Upon receipt of a completed plan and map for a Tree Preservation Plan, the Planning Board or Board of Adjustment shall forward a copy of all pertinent information to the Shade Tree Commission for their review and recommendations. The Commission shall respond to the appropriate Board with its recommendation within thirty (30) days of the receipt of the information for review.

d.

In approving the application for either the minor or major subdivision or site plan, the Planning Board or Board of Adjustment shall incorporate any comments of the Shade Tree Commission into their resolution of approval relative to the Tree Preservation Plan.

e.

Upon approval of a Tree Preservation Plan in conjunction with either a minor or major subdivision or site plan by the Borough Planning or Board of Adjustment, an application for a tree removal permit can be made to the Borough Zoning Officer in accordance with the below listed procedure:

1.

Application for a Tree Removal Permit for Site Clearing Purposes Associated with an Approved Development Application. Prior to any site clearing or land disturbance in connection with a minor or major subdivision or site plan, five (5) copies of an application for a tree removal permit shall be filed with the Borough Zoning Officer along with five (5) copies of a plan of the area to be cleared. The plan shall locate all trees as previously defined in relation to all present or proposed public or private rights-of-way for streets and/or utilities and further designating which trees are to be removed. The Zoning Officer shall review the submitted plan to verify compliance with the overall Tree Preservation Plan previously approved by the Planning Board or Board of Adjustment. The only trees permitted to be removed shall be those located within such public or private rights-of-way or those caused to be removed by reason of necessary grading where tree wells or mounding around trees would not be feasible. If it is determined that the submitted clearing plan is in compliance with the previously approved Tree Preservation Plan, then a tree removal permit can be issued by the Zoning Officer.

2.

Application for a Tree Removal Permit for Building Purposes. Prior to any site clearing or land disturbance for the purpose of residential or commercial building construction in connection with a minor or major subdivision or site plan, five (5) copies of an application and five (5) copies of a plot plan of the area to be cleared shall be filed with the Borough Zoning Officer. The plan shall locate all trees and shrubs as previously defined in relation to the proposed building construction and further designate which trees are to be removed. The Zoning Officer shall review the submitted plan to verify compliance with the overall Tree Preservation Plan previously approved by the Planning Board or Board of Adjustment. The only trees permitted to be removed shall be those located within the footprint of the proposed building or those caused to be removed by reason of necessary grading or utility line installation where tree wells or mounding around trees would not be feasible. If it is determined that the submitted plot plan is in conformance with the previously approved Tree Preservation Plan, then a tree removal permit can be issued by the Zoning Officer.

f.

For the removal of more than five (5) trees from an undeveloped piece of property within any zoning district or from a developed tract of land greater than one (1) acre an application for a "tree removal permit" shall be made directly to the Zoning Officer. The applicant shall provide the Zoning Officer with five (5) copies of the following information for his review:

1.

A statement as to the purpose of the proposed tree removal.

2.

A description of the tract upon which the tree removal is to take place including the lot and block number(s), street address, and acreage of parcel(s).

3.

A plot plan showing the location of the trees to be removed.

4.

The location, if any, of any replacement tree plantings.

The Zoning Officer shall review the submitted information and determine the effect the proposed tree removal will have on the property. If the proposed tree removal does not violate the below listed criteria, a "tree removal permit" can be issued by the Zoning Officer. If the proposed tree removal does violate any one (1) of the below listed criteria the matter shall be referred to the applicable Board and the procedure as set forth in Section 30-6b shall be followed.

a.

The tree to be removed is not located within a buffer area as designated in the Zoning Ordinance for the zoning designation of the property in question.

b.

The tree to be removed is not located within a tree save area or buffer area as contained on a previously approved site plan or subdivision plan for the property in question.

c.

The tree to be removed does not provide screening or buffering for a building or structure located on the property in question or on an adjacent parcel of land.

(Ord. #242-92, § 6)