Milltown City Zoning Code
§ 34-36.3
Regulated Activities.
[Added 7-31-2024 by Ord. No. 24-1544]
a.
Application Process.
1.
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 shall submit a tree removal application to Zoning Officer. No tree shall be removed until municipal officials have reviewed and approved the removal. For larger-scale clearing projects, the Zoning Officer may require a tree survey be submitted as part of the application to determine number, sizes, and exemptions of trees for the assessment of fees.
2.
Applicants will be subject to an application fee of $20 or $10 per tree, whichever is greater.
b.
Tree Replacement Requirements.
1.
Any person who removes one or more street tree(s) with a DBH of 2.5 inches or more, unless exempt under Subsection 34-36.4, shall be subject to the requirements of the Tree Replacement Requirements Table below.
2.
Any person who removes one or more tree(s) with a DBH of six inches or more per acre, unless exempt under Subsection 34-36.4, shall be subject to the requirements of the Tree Replacement Requirements Table.
3.
The species type and diversity of replacement trees shall be in accordance with a list of the types of permitted trees created by the Borough and maintained in the Office of the Borough Clerk, which may be updated as necessary from time to time.
4.
Replacement tree(s) shall:
(a)
Be nursery grade and 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;
(b)
Be planted in accordance with industry standards and within 12 months of the date of removal of the original tree(s) or at an alternative date specified by the Borough;
(c)
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
(d)
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) (inches) | Tree Replacement Criteria (See Appendix A) | Tree Replacement Fee |
1 | 2.5 (for street trees) or 6 (for non-street trees) to 12.99 | Replant 1 tree with a minimum tree caliper of 1.5" for each tree removed | $250 |
2 | 13 to 22.99 | Replant 2 trees with minimum tree calipers of 1.5" for each tree removed | $500 |
3 | 23 to 32.99 | Replant 3 trees with minimum tree calipers of 1.5" for each tree removed | $750 |
4 | 33 or greater | Replant 4 trees with minimum tree calipers of 1.5" for each tree removed | $1,000 |
c.
Replacement Alternatives.
1.
If the Borough determines that some or all required replacement trees cannot be planted on the property where the tree removal activity occurred, then the applicant shall do one of the following:
(a)
Plant replacement trees in a separate area(s) approved by the Borough.
(b)
Pay a fee of per tree removed in accordance with the foregoing table. This fee shall be placed into a fund dedicated to tree planting and continued maintenance of the trees by the Borough in the public rights-of-way and on public property, including open space.