The purpose of this Part 5 is to retain and protect healthy trees and woodlands in the Township of Boonton, to control indiscriminate and excessive cutting and destruction of trees larger than six inches in diameter at breast height; and to give adjoining property owners an opportunity to object to any tree removals which may adversely affect their properties by requiring approval of a plan for the protection of trees and control of the removal of trees in order to promote the safety, public health and convenience and general welfare of the community.

The provisions and requirements of this Part 5 shall be held paramount to any corresponding or similar but less restrictive provisions and requirements of any existing law, ordinance, rule, regulation, deed restriction or private covenant affecting lands and premises in the Township of Boonton.

As used in this Part 5, the following terms shall have the meanings indicated.

CLEAR CUTTING -The removal of all standing trees on a lot or a portion of a lot.

DIAMETER AT BREAST HEIGHT -The diameter of a tree measured 4 1/2 feet above the ground level for existing trees to be surveyed in the field. On sloped terrain, such measurement shall be made on the uphill side. Diameter at breast height may appear in this Part 5 as the abbreviation "DBH."

DISTURBANCE -Any activity involving the clearing, excavating, storing, grading, filling or transporting of soil, or any other activity which causes soil to be exposed to the danger of erosion.

DRIP LINE -An imaginary ground line around a tree that defines the limits of the tree canopy.

HOMESTEAD LOT -A preexisting lot located within a zone permitting single-family detached dwellings upon which is constructed a single-family detached dwelling or a two-family detached dwelling or upon which the construction of one single-family detached dwelling is proposed and which property, as a result of zoning restrictions, cannot be further subdivided.

SILVICULTURE -The management of any wooded tract of land to ensure its continued survival and welfare, whether for commercial or noncommercial purposes, pursuant to a plan approved by the New Jersey Forest Service.

TREE - Any tree species which has a DBH of six inches or more.