Township of Clark, NJ
Union County
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Table of Contents
Table of Contents
[Adopted by Ord. No. 96-32 (Sec. 11-2 of the 2002 Revised General Ordinances)]
The following meanings shall apply to words and phrases as used in this article:
ENFORCEMENT OFFICER
Either the Director of Shade Trees or the Director of Public Works of the Township of Clark.
TREE
Any living perennial plant at least six inches in diameter at a point 4 1/2 feet above ground level.
A. 
No Township tree situated on Township property (including trees within the Township right-of-way) shall be cut down or removed unless the owner of the property abutting the right-of-way or Township-owned property wherein the tree is situated shall first obtain a permit for the cutting down/removal of same. The enforcement officer shall grant or deny such permit after due consideration of the effect of such removal upon the drainage conditions, soil stability and effect on other trees located on the same or adjacent property.
B. 
No more than two trees on the same lot or right-of-way shall be cut down or removed in any one calendar year by the Township unless approved by the enforcement officer. The enforcement officer shall grant or deny such permit after due consideration of the effect of such removal upon the drainage conditions, soil stability and effect on other trees located on the same or adjacent property.
C. 
The provisions of this section shall not apply to the removal of trees covered by an approved site plan.
A. 
Any property owner who proposes to cut down or remove any tree(s) on his lot shall apply for a tree removal permit from the enforcement official. Except as set forth in Subsection B of this section, the enforcement official may allot not more than two trees on the same lot (excluding Township property) to be cut down or removed in any one calendar year at no charge for the permit. The enforcement official shall grant or deny such permit after due consideration of the effect of such removal upon the drainage conditions, soil stability and effect on other trees located on the same or adjacent property.
B. 
After applying for the tree removal permit, the provisions of this section shall not apply to:
(1) 
Any tree(s) proposed to be cut down/removed because such tree(s) unreasonably interferes with the construction or enjoyment of a deck, addition, pool or other structure or amenity for which the owner of the property has received all necessary permits; or
(2) 
The removal of trees covered by an approved site plan.
C. 
Fees. The fee for a tree removal permit shall be $30 for the removal of more than two trees.
Any person violating or causing to be violated any of the provisions of this article shall be subject to a fine of not more than $500 and shall replace each tree cut down with a species approved by the enforcement officer at least three inches in diameter measured at 4 1/2 feet above ground level. Each tree destroyed or removed in violation of this article shall be considered a separate offense.