[HISTORY: Adopted by the Township Council of the Township
of Washington 3-27-2006 by Ord.
No. 06-4 (Ch. 212 of the 1985 Code); amended in
its entirety 12-18-2023 by Ord. No. 23-17. Subsequent amendments
noted where applicable.]
The following terms, phrases, words, and their derivations shall
have the meanings stated herein. When consistent with the context,
words used in the present tense include the future, words used in
the plural number include the singular number, and words used in the
singular number include the plural number. The use of the word "shall"
means the requirement is always mandatory and not merely directory.
Any person, as defined below, who applies for approval to
remove trees regulated hereunder this chapter, inclusive of any person
seeking issuance of a tree removal permit under any of the procedures
outlined in this chapter.
The zone around the base of a tree where the majority of
the root system is found. This zone is calculated by multiplying the
diameter at breast height (DBH) of the tree by 1.5 feet. For example:
a tree with a six-inch DBH would have a CRR = six inches by 1.5 feet
equals nine feet.
The diameter of the trunk of a mature tree generally measured
at a point 4 1/2 feet above ground level from the uphill side
of the tree.
A tree or limbs thereof that meet one or more of the criteria
below. Trees that do not meet any of the criteria below and are proposed
to be removed solely for development purposes are not hazard trees.
Has an infectious disease or insect infestation;
Is dead or dying;
Obstructs the view of traffic signs or the free passage of pedestrians
or vehicles, where pruning attempts have not been effective;
Is causing obvious damage to structures (such as building foundations,
sidewalks, etc.); or
Is determined to be a threat to public health, safety, and/or
welfare by a certified arborist or LTE.
Any individual, resident, corporation, utility, company,
partnership, firm, association or other entity.
The part of a street right-of-way between the public right-of-way
adjacent to the portion of the street reserved for vehicular traffic
the abutting property line and the curb or traveled portion of the
street, exclusive of any sidewalk.
An individual who resides on the residential property where
a tree(s) regulated by this chapter is removed or proposed to be removed.
A tree planted in the sidewalk, planting strip, and/or in
the public right-of-way adjacent to (or specified distance from) the
portion of the street reserved for vehicular traffic. This also includes
trees planted in planting strips within the roadway right-of-way,
i.e., islands, medians, pedestrian refuges.
A woody perennial plant, typically having a single stem or
trunk growing to a considerable height and bearing lateral branches
at some distance from the ground.
HERITAGE TREEAny of the following:
REPLANTED TREEAny deciduous or evergreen woody plant of the diameter/caliper required in this section, planted for the purpose of replacing trees cut, removed or destroyed.
The diameter of the trunk of a young tree, measured six inches
from the soil line. For young trees whose caliper exceeds four inches,
the measurement is taken 12 inches above the soil line.
To kill or to cause irreparable damage that leads to the
decline and/or death of a tree. This includes, but is not limited
to, excessive pruning, application of substances that are toxic to
the tree, over-mulching or improper mulching, and improper grading
and/or soil compaction within the critical root radius around the
base of the tree that leads to the decline and/or death of a tree.
Removal does not include responsible pruning and maintenance of a
tree, or the application of treatments intended to manage invasive
species.
The permit issued by the Township for removal of tree(s)
as requested by an applicant.
The application required for consideration of a tree removal
permit.
No person, corporation, association or entity of any kind shall
do or cause to be done by others, either purposely, carelessly or
negligently, any of the following acts upon privately owned property
within the Township of Washington:
Notwithstanding the restrictions contained in the above section,
the following activities shall be permitted:
A.
The removal of not more than three non-heritage trees on any approved
or existing building lot, as shown on the current tax assessment map
of the Township, within a twelve-month period.
B.
The removal of trees in accordance with a site plan or subdivision
plan approved by the Planning Board or Zoning Board of Adjustment;
in conjunction with any application for development or soil movement
permit approved by the Planning Board or Zoning Board of Adjustment;
in conjunction with development or soil movement applications; each
so long as the approval includes a requirement that the applicant
replace two trees measuring 2 1/2 inches caliper for each tree
removed, and subject to the depositing of funds into the tree replacement
fund account maintained by the Township.
C.
The cutting, trimming or maintenance of trees in a manner which is
not harmful to the health of the tree.
D.
The removal of trees which are diseased, dead, partially or completely
fallen by acts of nature or which endanger public safety.
E.
The removal of trees necessary to construct any structure for which
a permit has been issued by the Construction Code Official, so long
as the approval includes a requirement that the applicant replace
at least 25% of the trees removed.
F.
Activities involving tree trimming or removal located within a public
right-of-way or easements, or publicly owned or controlled property,
so long as the Township of Washington is in responsible charge of
the activities.
No person or entity shall engage in the business of removal of trees within the Township of Washington without first having completed an annual registration with the Township as provided herein and thereafter displaying a decal issued by the Township affixed to the front left fender of all vehicles and trailers utilized in connection with such tree removal activities. By registration of a business hereunder, same shall not constitute permission to remove any trees, which can only be authorized pursuant to an approved tree removal application by the Zoning Officer (see § 465-4).
A.
Applications for registration hereunder shall be filed with the Clerk's
office, which shall require the following:
(1)
Name, address, telephone number, and email address of the applicant.
(2)
The applicant's contact person, including telephone numbers
and an email address.
(3)
The name under which the business is operated.
(4)
The name, make, model, year and license plate of each motor
vehicle or trailer to be used by the registrant within the Township.
(5)
Copy of the registrant's insurance declaration page or
certificate of insurance.
(6)
Copy of all vehicle operators' current driver's license.
(7)
Any other information deemed pertinent as necessary and prescribed
by the Business Administrator.
(8)
Payment of annual registration fee of $50 for blocks of five
vehicles and/or trailers not to be prorated for any partial years
or vehicles/trailers.
(9)
Required current license/certification with the NJ Board of
Tree Experts.
B.
All applications shall be received by the Clerk's office and
reviewed for completeness. Once complete, the Clerk's office
shall issue to the applicant a decal for each vehicle and trailer
covered by the application.
C.
Applicants who have been denied a permit shall have the right to
appeal the decision to the Business Administrator, whose decision
shall be deemed final.
B.
Tree removal permit applications shall be submitted to the Zoning Officer, and shall contain all information required by the application form. If removal of a tree is being requested under § 465-3D, the tree removal permit application shall be accompanied by a letter from a licensed arborist verifying that any tree to be removed qualifies under said section. If the Zoning Officer is satisfied with the information in the tree removal permit application, and with the letter from a licensed arborist if same is required hereunder, the Zoning Officer shall direct the Building Department to issue the tree removal permit upon payment by the applicant of a tree removal permit fee as set forth in Chapter 212, Fees, to the Building Department. If the Zoning Officer is not satisfied with the information in the tree removal permit application, or with the letter from a licensed arborist, if same is required hereunder, the Zoning Officer shall be authorized, at the sole cost of the applicant, to initiate a physical inspection of the subject tree(s) and property on which same is located, performed by the Township Engineer, the Department of Public Works, a licensed arborist and/or other professionals, and have a written opinion issued addressing the issues of concern identified by the Zoning Officer. Thereafter, the Zoning Officer shall make a determination as to whether or not the tree removal permit shall be issued, and shall thereupon either direct the Building Department to issue the tree removal permit or deny issuance thereof.
C.
If a tree removal permit is not issued under the procedure set forth
herein, the applicant may file an application with the Planning Board,
not associated with any subdivision or site plan application, which
shall include the following requirements:
D.
In the event that the Zoning Officer initiates an inspection or involvement
of the Township Engineer, the Department of Public Works, a licensed
arborist and/or other professionals, the applicant shall be required
to post an escrow with the Township, the amount of which shall be
an estimate developed by the Zoning Officer to cover the cost of such
inspection or involvement. The actual cost of such inspection or involvement
shall be the responsibility of the applicant.
E.
Upon receipt of the costs in connection with the denial or issuance
of a tree removal permit, same shall be memorialized in a certification
by the Zoning Officer. The applicant shall pay such costs to the Township.
If, upon no more than two attempts to obtain said costs (by sending
an invoice to the applicant by certified and regular mail), said costs
shall forthwith become a lien upon the lands identified in the tree
permit application and shall be added to and become and form part
of the taxes next to be assessed and levied upon the lands, the same
to bear interest at the same rate as other taxes and shall be collected
and enforced by the same officer and in the same manner as taxes.
The following exceptions shall apply:
A.
The Planning Board or Zoning Board of Adjustment may waive the replacement
planting requirements either in number, specie or replacement size.
B.
Upon application to the Planning Board, the granting of exceptions
from the requirements of this section as may be reasonable and within
the purposes and intent of this section if the literal enforcement
of one or more provisions is impracticable or will exact undue hardship
because of peculiar conditions pertaining to the land in question;
the form of application will be the same provisions as that of the
Site Plan Review Ordinance.
A.
The Planning Board or Zoning Board may consult with the Township
Engineer or any professional; as provided in the Municipal Land Use
Law for guidance in considering land use, development, soil movement
or exception applications.
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 § 465-7, shall be subject to the requirements of the Tree Replacement Requirements Table below.
(2)
Any person, other than a resident, who removes one or more tree(s) with a DBH of six inches or more per acre, unless exempt under § 465-7, shall be subject to the requirements of the Tree Replacement Requirements Table. The species type and diversity of replacement trees shall be in accordance with Appendix A. Replacement tree(s) shall:
(a)
Be 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 within 12 months of the date of removal of the original
tree(s) or at an alternative date specified by the municipality;
(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)
|
Tree Replacement Criteria (See Appendix A)
|
Application Fee
|
|
1
|
DBH of 2.5 inches (for street trees) or 6 inches (for non-street
trees) to 12.99 inches
|
Replant 1 tree with a minimum tree caliper of 1.5 inches for
each tree removed
|
TBD by Township
|
|
2
|
DBH of 13 inches to 22.99 inches
|
Replant 2 trees with minimum tree caliper of 1.5 inches for
each tree removed
|
TBD by Township
|
|
3
|
DBH of 23 inches to 32.99 inches
|
Replant 3 trees with minimum tree caliper of 1.5 inches for
each tree removed
|
TBD by Township
|
|
4
|
DBH of 33 inches or greater
|
Replant 4 trees with minimum tree caliper of 1.5 inches for
each tree removed
|
TBD by Township
|
C.
Replacement alternatives.
(1)
If the municipality 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:
(2)
Replacement trees must be nursery stock; balled in burlap and staked
upon planting per Township standards provided by the Township Engineer.
D.
The location of replanted trees shall be determined by the following
schedule of preference when at all possible:
(1)
In the location where the trees are removed.
(2)
Within the building lot containing the removed trees.
(3)
Within the development site approved by the Planning Board/Zoning
Board or within the public right-of-way fronting or bounding the site.
(4)
Elsewhere in the Township within public property.
E.
If the location of trees to be replanted is not designated by the Planning Board or Zoning Board of Adjustment under Subsection D(1), (2) or (3) above, or if the required number of trees cannot be replanted, then there shall be deposited into a tree replacement fund account maintained by the Township the sum of $350 for each tree, as required by the Planning Board or Zoning Board of Adjustment, to be utilized for the purchase and planting of trees pursuant to Subsection D(4) above.
A.
Any person, corporation, association or entity of any kind violating
any provision of this chapter shall, upon conviction thereof, be punishable
by a fine not exceeding $3,000 per offense. The cutting, destruction
or removal of each tree shall constitute a separate offense.
B.
If trees are cut, destroyed or removed for any reason in conjunction
with any land use, development or soil movement activity in excess
of the specified number of trees which were approved for removal by
the Planning Board or Zoning Board or Construction Official, restitution
shall be made by the applicant in accordance with the following schedule.
|
Diameter of Tree Removed
(inches)
|
Number of 2 1/2-inch Caliper Trees To Be Provided
|
|---|---|
|
6 to 15
|
6
|
|
16 to 24
|
10
|
|
25 to 36
|
15
|
|
37 and over
|
20
|
C.
Any offense will be subject to fine and replacement.
All persons shall comply with the tree replacement standards
outlined above, except in the cases detailed below. Proper justification
shall be provided, in writing, to the municipality by all persons
claiming an exemption, and shall be either acceptable photos or statements
from NJ licensed tree expert as per N.J.S.A. 45:15C-11 or arborist:
A.
Residents who remove less than four trees per acre that fall into
category 1, 2, or 3 of the Tree Replacement Requirements Table within
a five-year period. (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 municipality;
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.
Each of the following shall have full authority to enforce the
provisions of this chapter, including but not limited to the power
to make inspections, the issuance of summonses, the issuance of cease-and-desist
notices, the serving of summonses and notices, the prosecution of
violators of this chapter in Municipal Court, and the prosecution
of violations in any court of competent jurisdiction: Chief Building
Inspector, Zoning Officer, Code Enforcement Official, Superintendent
of Department of Public Works, Township Engineer, and Police Department.
