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Milltown City Zoning Code

§ 34-36.4

Exemptions.

[Added 7-31-2024 by Ord. No. 24-1544]
All persons shall comply with the tree replacement standard outlined above, except in the cases detailed below. Proper justification shall be provided, in writing, to the Borough by all persons claiming an exemption. Proper justification shall consist of written statements and/or photographs from a licensed tree expert or a tree arborist. Such proofs shall be revised by the Zoning Officer; and if the Zoning Officer determines that additional or different proofs are necessary, the applicant will present such additional or different proofs as requested.
a. 
Residents who remove less than four trees per acre that fall into category one, two, or three of the Tree Replacement Requirements Table within a five-year period. Note: The number of trees removed is a rolling count across a five-year period. For example, if three trees from category 1 are removed in July 2023, the "count" resets to zero in July 2028. However, if one tree from category 1 is removed in July 2023 and another in July of 2025, the first tree will come off the count in July 2028 and the second in July 2030.
b. 
Tree farms in active operation, nurseries, fruit orchards, and garden centers;
c. 
Properties used for the practice of silviculture under an approved forest stewardship or woodland management plan that is active and on file with the Borough;
d. 
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;
e. 
Any trees removed pursuant to a New Jersey Department of Environmental Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved environmental cleanup, or NJDEP approved habitat enhancement plan;
f. 
Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife;
g. 
Hazard trees may be removed with no fee or replacement requirement.