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POINT PLEASANT — The Point Pleasant Borough mayor and council, after many months of deliberation and discussion, have introduced an ordinance that sets new guidelines, rules and regulations regarding the removal and protection of trees in town.
Mayor Robert Sabosik told The Ocean Star, “This is a sign of the times. Unfortunately, with development all over the state, the governor and Trenton have decided to mandate certain criteria for a tree ordinance, and our tree ordinance in Point Pleasant, since it is mandated, is following that rule.”
He stated, “Lot clearing is bad for everyone. When you have a developer or whoever is taking down every tree on a lot, I think that is counterproductive. This tree ordinance, the way that we have done it, we have changed some things with it. When you take a tree down you have to put a tree back, and only certain species.”
At Monday night’s meeting, the council unanimously approved introduction of the ordinance, which amends and supplements Chapter 13 of the Borough Codebook titled “Removal of Trees.” A public hearing and vote to adopt is set for Monday, May 13 at 7 p.m. at borough hall, 2233 Bridge Ave.
Mayor Sabosik confirmed that residents will have to visit the zoning officer at borough hall to fill a form in order to allow them to cut down a healthy tree.
“Residents will go to town hall, go to the zoning officer, fill out the form and then she comes out, gives it the OK,” said the mayor, comparing it to how a resident would go to apply for a permit. “The guidelines are the same for if you were to apply for a permit.”
The mayor said, “This is really not against a homeowner, although it will make things a little more complex.”
Mayor Sabosik referenced multiple instances where developers removed dozens of large healthy trees to make room for development in the past, without replanting any trees on the property or around the borough over the years.
The ordinance defines a slew of terms, such as diameter breast height [DBH]. This means the diameter of the trunk of a mature tree, generally measured at a point 4½ feet above the ground from the uphill side of a tree. This also states for any species of tree where the main trunk branches out below 4½ feet high, the DBH shall be measured at the highest point before any division.
Any resident planning to remove a street tree, as defined as a tree removal, with a DBH of 2.5 inches or any non-street tree with a DBH of 6 inches or more on their property, must submit a tree removal application to the borough. The application fee costs $100 per tree.
Tree removal is defined as “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 toxic substances to the tree, over or improper mulching, improper grading and/or soil compaction within the critical root radius around the base of the tree that leads to the decline or death of the tree.
Removal does not include responsible pruning and maintenance of a tree, or the application of treatments intended to manage invasive species.
The mayor said, “I think this is in the best interest of everybody and the town of Point Pleasant to have this safeguard. This is not big government versus small government, this is good government to protect the environment, and I firmly believe that the town of Point Pleasant will embrace this new ordinance.”
Borough Administrator Frank Pannucci told The Ocean Star, “This is all because of the new MS4 stormwater permitting that is required by every single town in the state of New Jersey by the DEP [Department of Environmental Protection]. Every town has to have a model tree ordinance, whether they are a simple ordinance or a very draconian ordinance. The borough of Point Pleasant is obviously stretching a balance between the needs of our environment and also the rights of property owners.”
The MS4 Tree Removal/Replacement Ordinance was “introduced as an effort to ensure that these undervalued assets [trees] are considered throughout the State.” It states that trees play a critical role in the water cycle and in the mitigation of stormwater runoff issues such as soil erosion, pollutant reduction and infiltration.
Every municipality in New Jersey that is regulated under the MS4 Tier A permit is required to adopt this ordinance. This ordinance is applicable for all types of properties, both public and private, that the municipality has jurisdiction over, which includes residences, apartment complexes, affordable housing, public lands and rights-of-way.
A copy of the borough’s ordinance can be picked up at borough hall, 2233 Bridge Ave. More information about the state-wide ordinance can be found at dep.nj.gov/wp-content/uploads/njpdes-stormwater/ordinances/tree-ordinance-faq.pdf.
This is an excerpt of the print article. For more on this story, read The Ocean Star—on newsstands Friday or online in our e-Edition.
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