[Adopted by the Common Council of the City
of Linwood 9-8-2004 by Ord. No. 13-2004. Amendments noted where applicable.]
GENERAL REFERENCES
Subdivision of land — See Ch.
244
Zoning — See Ch. 277.
The City of Linwood finds that the development
of unimproved or the redevelopment of improved land may result in
clear cutting of trees which can create increased surface water runoff
and soil erosion. It further finds that such excessive removal of
trees can produce serious negative visual, economic and environmental
effects not only on the individual properties but also upon the neighboring
properties and the community at large. This chapter is intended to
protect the quality of life and the character of the natural and built
environment.
As used in this chapter, the following terms
shall have the meanings indicated:
A person submitting an application for development.
A submission for Planning Board or Construction Code Official
approval.
[Amended 4-11-2018 by Ord. No. 6-2018]
Any activity involving clearing, cutting, excavating, filling
or grading of land or any other activity that alters land topography
or vegetative cover.
A.
The regulations promulgated by this chapter shall
only apply to applications for development, redevelopment or site
improvement that require approval from the Planning Board or the Construction
Code Official.
[Amended 4-11-2018 by Ord. No. 6-2018]
B.
Schedule of maximum lot disturbance.
(2)
There will be a maximum of 65% lot disturbance per
site permitted for all non-single-family residential uses.
(3)
For all applications, the initial clearing will be
limited to the clearing necessary to construct all roadways and drainage
facilities only. In no case will the applicant be permitted to clear
any building lots during this initial clearing phase. All building
lots may only be cleared on an individual basis upon the issuance
of a building permit.
C.
If the applicant cannot meet the lot disturbance requirements,
a landscape plan that addresses all areas of additional disturbance
must be submitted for approval by the Planning Board. The applicant
will be required to show the replacement of all trees removed in excess
of the maximum lot disturbance regulations. The replacement trees
shall be provided at a rate of one tree for each additional tree removed
and shall be a minimum of 2 1/2 inches to three inches caliper and
eight-foot to ten-foot planting height or a substitute approved by
the Planning Board. The applicant will also be required to flag and
well all eight inches or greater diameter trees that are outside the
building envelope to be saved as part of the landscaping plan.
D.
All individual plot plans must conform to all provisions
of the lot disturbance requirements. All plot plans must contain the
limits of disturbance, existing and proposed grading, existing trees
to be preserved and any trees to be installed in conjunction with
the landscaping plan. The Planning Board Engineer will complete an
inspection of all building lots prior to the issuance of a building
permit to ensure compliance with the lot disturbance regulations.
E.
Selective clearing.
(1)
An applicant shall remove only such trees, vegetation
and underbrush as is necessary to construct and install the structure
and improvements authorized by the Planning Board. At no time should
any lot disturbance occur prior to receiving municipal approvals.
Such clearing shall only be authorized subsequent to the owner or
developer having satisfactorily addressed all conditions of development
approval. All sites should be developed, to the extent possible, in
a manner which will result in the least amount of disturbance to the
natural environment.
[Amended 4-11-2018 by Ord. No. 6-2018]
(2)
An applicant may be permitted to perform selective
clearing to remove dead or damaged trees, underbrush and undesirable
vegetation. The areas and extent of selective clearing must be indicated
on the plan of the development. All selective clearing must be approved
by the Construction Code Official prior to the commencement of any
clearing.
(3)
Where selective clearing is to occur in a required
buffer area of a site plan or major subdivision, the applicant shall
be required to maintain a screening buffer in accordance with the
buffer and landscape requirements as set forth in the Zoning Ordinance[1] and shall be required to replace any planting removed
in the course of selective clearing operations which is required as
part of the buffer.
(4)
All selective clearing operations shall be performed
in strict accordance with the applicable state, federal and local
regulations. All cleared material, including but not limited to trees,
branches, stumps, brush, refuse and other deleterious matter, shall
be removed from the site and recycled or disposed of at a permitted
solid waste facility approved by the State of New Jersey that accepts
such materials.
F.
All plant material to be preserved shall be protected
from damage during construction by fencing or a similar barrier. Tree
protection devices shall be installed before any excavation or grading
is initiated and shall be maintained for the duration of the construction
period. The location and extend of all protection devices shall be
indicated on the landscaping plan. As a minimum precaution, the applicant
shall install snow fencing supported by steel posts adjacent to the
areas where plant materials are to be protected. Any damage incurred
to existing trees shall be immediately repaired. Roots exposed and/or
damaged during grading operations shall be immediately trimmed, treated
and covered with topsoil.
G.
Trees may be preserved in areas where less than 24
inches of fill is proposed by observing the following procedures.
Such trees shall be protected by a cylindrical sheath of galvanized
metal placed within six inches of the trunk on all sides. Before soil
is placed over the root area, a layer of broken stone or coarse gravel
shall be laid down to within six inches of the finished grade. A one-half-inch-thick
fiberglass blanket with seams lapped at least six inches shall be
spread over the gravel to enhance air circulation to the root zone.
The remaining elevation shall be filled with topsoil. The area to
be treated in this manner shall extend to the outer dripline of the
branches.
H.
Of the trees that are to remain on the lot, a minimum
of 25% of deciduous trees must be preserved in the front yard of the
home, a minimum of 25% of deciduous trees must be preserved in the
side yards of the home and a maximum of 50% of the deciduous preservation
area may be in the rear of the home.
In addition to any other penalties provided
by law or regulation, violators of any provision of this chapter may
be required to restore the subject property to its original level
and type of vegetation.
