[Adopted 10-27-1993 by Ord. No. 93-30 as
Ch. 210, Art. II, of the 1993 Code; amended 10-12-1994 by Ord. No. 94-20]
This article shall be known and may be cited
as the "Shade Tree Ordinance of the Township of Manalapan."
The purpose and intent of this article is to
control and regulate indiscriminate and excessive removal, cutting
and destruction of trees and to control, regulate and prevent conditions
which cause increased surface drainage, sedimentation and soil erosion,
cause decreased soil fertility and impair the stability and value
of real estate, all of which conditions are and will in the future
be a deterrent to public safety, health and welfare. Further, it is
the intent of this article, through the preservation and protection
of trees to:
A.
Aid in the stabilization of the soil by the prevention
of erosion and sedimentation;
B.
Reduce stormwater runoff and the cost associated therewith
and replenish the groundwater supply;
C.
Aid in the removal of carbon dioxide and the generation
of oxygen in the atmosphere;
D.
Provide a buffer and screen against noise pollution;
E.
Provide protection against severe weather;
F.
Aid in the control of drainage and restoration of
denuded soil subsequent to construction or grading;
G.
Provide a haven for birds, which assists in the control
of insects;
H.
Provide a haven for wildlife;
I.
Protect and increase property values;
J.
Conserve and enhance the Township's physical and aesthetic
environment; and
K.
Generally protect and enhance the quality of life
in the general welfare of the Township and its residents.
As used in this article, the following terms
shall have the meanings indicated:
A land use to derive income from growing plants or trees
on land, including but not limited to land used principally for timber
production. "Agricultural use" shall not include land used principally
for another use and incidentally for growing plants or trees for income.
A plan prepared under the supervision of an engineer, land
planner and/or professional forester setting forth the methodology,
stages, techniques and areas where trees and vegetation are to be
removed for the construction of buildings or other structures, including
but not limited to roadways, paving, drainage system, utility excavations,
grubbing and any other necessary clearing operations. Said plan shall
include all trees to be saved with a tree preservation or nondisturbance
area, said trees being all those outside the areas from which trees
are to be removed. The tree preservation area shall include a radius
of six feet to 10 feet around each tree to be saved as determined
by the Township Forester, which shall be marked off to prohibit any
damage to tree branches, bark or root system by soil compaction caused
by heavy equipment. Said plan shall include the utilization of snow
fencing if determined by the Township Forester or Planning Board/Board
of Adjustment to be necessary. (See definition of "harvesting or land
clearing plan" for additional requirements.)
A plant or tree nursery or farm having trees which are planted
and growing for sale or intended sale (or products for sale) to the
general public in the ordinary course of business. (Wholesale yards
that stock B & B trees are excluded.)
The area in which trees have been designated for cutting,
obtained by traversing the outer boundaries of those trees and taking
into consideration the delineation of natural boundaries located within
the applicant's property.
The diameter in inches of a tree measured at 4 1/2 feet
above the existing grade.
An imaginary, perpendicular line that extends downward from
the outermost tips of the tree branches to the ground.
A plan (prepared under the supervision of a state forester,
an approved forester by the State of New Jersey or other professional
forester recognized as such by the Society of American Foresters)
which details the management practices proposed to be employed on
a site, including but not limited to harvesting or land clearing practices
and reforestation, and setting forth the following:
Location and size of the tract.
Type of ownership.
Map of the property showing wetlands, types
of vegetation cover, receiving waters, location of stream crossings
and alternatives, locations of skid trails, location of access roads
and landings, cutting boundaries and size of filter or buffer strips.
Property description, including land use and
acreage of open, crop and wood land; general soil types and erodibility;
range of percent of slope; timber quality and age (forest type, species,
age, dbh, height, volume and reproduction); and understory.
Description of the timber to be harvested.
Description of the regeneration plans.
Description of the intermediate management practices
to be applied.
A plan prepared under the supervision of a state forester
or other professional forester recognized as such by the Society of
American Foresters. Said plan condition, size, species and volume
of timber being harvested, conservation methods to be used and a plat
map showing the boundary lines of the cutting/harvesting or land clearing
area. Where harvesting or land clearing will occur within 200 feet
from the boundary line of any adjacent property, the applicant shall
list those property owners by name, lot and block number. In addition,
the harvesting or land clearing plan shall contain a description of
equipment and methods to be used in the actual removal of the timber
and further contain a map showing all land areas, skid trails and
logging roads. The harvesting or land clearing plan shall contain
any other requirements that may be required by the Township Forester
upon review of the application.
A tree which has been found by a professional forester, horticulturist
or other professional plantsman to be of notable historic interest
to the Township because of its age, type, size or historic association
and has been so designated and the designation has been officially
made and promulgated as part of the official records of the Township,
county or state.
Those operations where trees and vegetation are removed and
which occur previous to the construction of buildings; e.g., road
right-of-way excavation and paving, lake and drainage system excavation,
utility excavation, grubbing and any other necessary clearing operations.
Any parcel of land located within the boundaries of Manalapan
Township, either improved or unimproved, which shall be designated
as a lot on the official Tax Map of the Township of Manalapan and
any amendments thereto. All contiguous properties in the same ownership
shall be considered as one lot for purposes of this article.
A signed, notarized statement by the owner or his/her agent
stating that no trees exist upon the site.
Such lands within the Township which are used for horticultural
purposes under a controlled agricultural plan whereby trees are grown
from seedlings or planted saplings with their roots maintained in
their natural state (root systems not balled or otherwise packaged
for sale).
A person or entity who or which, alone or jointly with others,
has legal or equitable title to premises, with or without accompanying
actual possession, including an executor, administrator, trustee or
guardian of an estate, mortgagee in possession, or a person under
contract.
A permit issued by the Township Forester (or other designated
official appointed in the same manner) of the Township of Manalapan
authorizing the removal or destruction of trees or shrubs under the
provisions herein.
Any individual, partnership, corporation, association or
other legal entity, including the plural as well as the singular,
and including all tree removal companies and persons removing trees
on behalf of others.
A graduate of a university or college accredited or affiliated
by the Society of American Foresters with a degree in forestry or
forest management who is formally educated to perform forestry and
who is also a certified tree expert.
A physical structure limiting access to a protected area,
composed of wood or other suitable materials, which assures compliance
with the intent of this article. Variations of these methods may be
permitted upon written request (to shade tree) if they satisfy the
intent of this article.
The actual removal of a tree by digging up, cutting down
or the effective removal through damage.
A plan or drawing of a location or site prepared in order
to illustrate information required by the terms of this article. The
requirements of any other chapter of the Township shall not be applicable
to a site plan prepared under the provisions of this article.
Any tree with a diameter breast height of 36 inches or greater,
any tree which has been determined by a judgment of a professional
forester, horticulturist or other professional plantsman to be of
high value because of type, size, age or other professional criteria
and has been recorded in the records of the Township, County or State,
and any tree determined by the Township Forester/Arborist to be of
high value upon examination of the site in connection with the submission
of an application for development to the Planning Board or Board of
Adjustment of the Township of Manalapan.
[Amended 4-13-2005 by Ord. No. 2005-09]
A person professionally qualified (as an approved forester
and a certified tree expert by the State of New Jersey Department
of Environmental Protection, Bureau of Forestry Management) and appointed
by the Township Committee to supervise the conservation of trees and
soil within the Township, and to administer the provisions of this
article, which position is hereby created. The Township Forester shall
be appointed annually, and his/her term shall expire December 31 of
each year if his/her successor has been appointed. In the event that
his/her successor has not been appointed by December 31, he/she shall
serve until the appointment and qualification of the successor.
The digging up of a tree by a property owner from one place
on his/her property and the planting of the same tree in another place
on the same property.
Any self-supporting, perennial, woody plant having a diameter
greater than 2 1/2 inches diameter breast height measured at
a point 4 1/2 feet above the ground.
A minimum one inch equals 200 feet scale, aerial photograph
or drawing to scale which provides the following information:
A.
Excepted from the provisions of this article shall
be:
(1)
Any developed residential lot containing 40,000 square
feet in area or less. Such a lot shall not be excepted if this lot
had previously received approval for a tree removal plan (or involves
new construction).
(2)
Any trees growing upon any lot or tract of land dedicated
by its owner to the growing and harvesting or land clearing of forest
crops and certified by the American Tree Farm System through the New
Jersey Tree Farm Committee, which certification shall be filed with
the Township Tax Assessor, State Bureau of Forestry and approved by
the Township Forester.
(3)
Any property qualified under farmland assessment for
wood lot, and in compliance with a wood lot management plan filed
with the Township. (Five-day advanced notice required to Township
Forester.)
(4)
Any tree growing in a public right-of-way and removed
under authority of public agency or utility easement.
(5)
Any dead or diseased tree that is likely to endanger
property as identified by the Township Forester.
(6)
Any tree to be removed in accordance with an approved
development plan that includes a land clearing plan approved by the
Manalapan Township Shade Tree Committee, Township Planning Board or
Board of Adjustment, which plan shall be implemented under the direction
and inspection of the Township Forester, provided that such trees
are removed within one year from final approval of the development
plan, after which time it may be necessary to reapply.
(7)
Any tree which is part of a cemetery.
A.
It shall be unlawful for any person to commit any
of the following acts to shade or ornamental trees and shrubbery on
streets, highways, parkways, easements and parks and other lands owned
by the Township:
(1)
To remove, cut, break or injure any such tree, shrub
or part thereof, unless approved, in writing, by the Shade Tree Committee.
(2)
To place any rope, wire, sign, poster or other fixture
on a tree or tree guard unless approved by the Shade Tree Committee.
A copy of such approval shall be forwarded to the Township Administrator.
(3)
To plant, set out, take down or remove any tree or
shrub unless approved, in writing, by the Shade Tree Committee.
(4)
To excavate within 12 feet of any tree or shrub, or
to place any insert or potentially harmful material or temporary soil
deposit within 25 feet of any tree unless approved, in writing, by
the Shade Tree Committee.
C.
It shall be unlawful, with respect to shade or ornamental
trees and shrubbery on streets, highways, parkways, easements, parks
and other lands owned by the Township for any person:
(1)
To damage, misuse or remove any device placed to protect
any such tree or shrubbery.
(2)
To permit any animal to injure or destroy any such
tree or shrubbery.
(3)
To pour any salt water or other chemical near or upon
any tree or to permit any fire, road roller, bulldozer or other equipment
to stand or operate in. such a manner as to injure a tree.
A.
Application procedures.
(1)
Any person seeking to destroy, cut or remove any tree in excess of eight inches dbh shall apply to the Township Forester of the Township of Manalapan for a permit to remove such trees, unless excepted in accordance with § 222-12. The applicant shall identify the lot or lots upon which the trees are located and shall disclose the name and address of the owner, tenant or authorized agent of said owner or tenant and shall identify the location, species, and size of said trees to be cut, removed or destroyed on a site plan or survey. Said plan shall be reviewed upon payment of a fee as set forth in § 222-18.
B.
No cutting of trees for firewood, pulpwood, sawlogs or other commercial wood products shall be conducted unless the owner of the premises in question or his/her agent first obtains a permit for such cutting, unless excepted in accordance with the terms of § 222-12.
C.
All applicants must file four copies of their application
with the Shade Tree Office. Copies of the application and supporting
documents are to be forwarded by the Shade Tree Office to the Township
Forester, the Township Shade Tree Committee, Construction Department
and the Township Environmental Commission. All applicants for such
permits shall submit a detailed harvesting or land clearing plan in
accordance with the definition as set forth in this article. The application
shall identify lot or lots upon which trees are located and shall
disclose name and address of owner, tenant, or agent and shall identify
location, species, and size of said trees to be cut, removed or destroyed.
Prior to the submission of the harvesting or land clearing plan, each
applicant shall physically mark with blue paint at diameter breast
height (dbh) all trees on the site to be cut. In the event that any
tree harvesting or land clearing is part of an overall forest management
or silviculture plan, then the applicant shall at the same time of
submission of the harvesting or land clearing plan submit a copy of
the management plan. The applicant shall notify all owners of property
adjacent to the boundary lines of the property for which an application
is sought if the intended harvesting or land clearing will be carried
on within 200 feet of the boundary lines. Said notice shall be sent
to owners within 10 days by certified mail, return receipt requested,
of the submission of an application to the Township Forester. The
application shall obtain the names and addresses of the said owners
from the records of the Tax Collector's office of the Township. The
Township Forester shall consider in particular the impact of cutting
upon fire prevention and protection, conservation and ecological considerations
and site rehabilitation. Upon granting any permit, the Township Forester
may impose such reasonable requirements deemed necessary to fulfill
the conditions and purposes of this article. All permits shall expire
one year from the date of issue unless the Township Forester, based
upon the harvesting or land clearing plan and management plan, determines
that shorter or longer than one year, then the permit shall expire
on the date fixed by the Township Forester. No permittee shall act
in accordance with a clearing plan or harvesting plan until such time
as said permittee has met with the Township Forester not less than
48 hours prior to the commencement of any tree removal in order to
review and define tree save areas in accordance with the approved
plan.
D.
In cases where site plan approval is required, the
Township Forester shall forward the application to the approving agency,
and no permit shall be issued until site plan approval has been obtained.
E.
In addition to the above requirements at the time
of filing the application, the applicant shall post with the Township
Clerk a performance bond equal to 10% of the value or anticipated
value of the sale of the timber to be harvested or $5,000, whichever
number shall be greater. In the event there is no sale or anticipated
sale, the applicant shall post a bond in the amount of $1,000. The
Township Forester shall have the right to reduce the amount of bond
required if, in his/her opinion, the harvesting or land clearing operation
will not cause any or a minimal adverse impact upon any public or
private property. Said bond may be deposited in cash or be posted
by a recognized and licensed surety company of the State of New Jersey.
If the bond is posted in cash, it shall be deposited with the Township
Treasurer. The Township shall not be obligated to account for any
interest or pay any interest to the applicant. The proceeds from said
bond shall be used to repair any damage done to public or private
property as a result of the harvesting or land clearing operation
and which is not repaired by the applicant. Upon completion of the
harvesting or land clearing operation for which the permit was granted
and issuance of written authorization for release of the bond by the
Township Forester, said bond or the balance of same shall be released
to the applicant. Nothing herein shall restrict the liability of the
applicant for any damage caused directly or indirectly as a result
of the harvesting or land clearing operation.
F.
Upon the decision of the Township Forester, the Township
Forester shall notify the applicant in writing of his/her decision.
If the determination of the Township Forester is to deny the application
of the applicant, the Township Forester shall include in the written
notification reasons for the denial.
G.
In addition to the information required in connection
with applications set forth above, an aerial photograph of suitable
quality (minimum one equals 660 feet, available through the Monmouth
County Planning Board at a nominal charge) to facilitate site plan
review or a tree survey as defined herein shall be required for tracts
of land of 50 acres or more for which tree removal authorization is
being requested.
H.
Alternate site plan information. In the event that
there are no trees greater than three inches dbh located on the site
which are required to be protected under the provisions of this article,
the applicant shall so state in his application for a no tree verification.
If such statement is substantiated by an inspection of the site by
the Township Forester, the applicant shall be relieved of the necessity
of supplying unnecessary or unimportant information such as a tree
survey, aerial photographs, etc.
I.
Time of permit. Any and all permits issued by the
Township as required by this article shall be declared null and void
if commencement of work so permitted is not started within a reasonable
time, not to exceed six months. In no case will the permit be valid
for more than 12 months. Permits not used within this period will
become null and void, and future work will require a new application.
For purpose of this section, a permit shall no longer be valid when
the work authorized by the permit is completed.
J.
Field check recommendation. In all cases, the tree
removal application shall be field checked with an on-site inspection
by the Township Forester prior to issuance of a permit.
K.
Pre-application inspection. In connection with applications
under the alternate site plan procedure and in connection with applications
involving large tracts of property and land clearing, the Township
Forester shall make himself/herself or his/her designee available
for pre-application inspection of the site involved.
L.
Conditions for issuance of permits. Upon receiving the field inspection report and any requested recommendations concerning the application, the Township Forester shall issue a permit after application is filed with the Township office for the removal or relocation of trees or clearing if one or more of the following criteria is met, and provided that none of the conditions set forth under Subsection L(2) exists:
(1)
Criteria for removal.
(a)
The tree is located in an area where a structure
or improvements will be placed according to an approved plan, it unreasonably
restricts the economic enjoyment of the property and the tree cannot
be relocated on the site because of age, type or size of the tree.
(b)
The tree is dead, diseased, injured, in danger
of falling, is too close to existing or proposed structures, interferes
with existing utility service, creates unsafe vision clearing or conflicts
with other ordinances or regulations.
(c)
The tree is to be removed for harvesting as
a product useful to man, or for the purpose of making land available
for farming or other useful or productive activity, is to be removed
in furtherance of a forest management plan or soil conservation plan
or to serve some other useful or beneficial purpose.
(d)
Trees in private rights-of-way and driveways
of the planned paved area. Alignment of the driveway and utility installation
should be planned to save as many trees as possible.
(e)
Trees in the location of a sewage system and
disposal field.
(f)
Where more than six inches of fill is required
around trees, the trees must be protected by an air well as specified
by the forester.
(g)
All development shall consider the use of treeless
areas, if possible, for building sites. If it is necessary to develop
wooded areas, the Shade Tree Committee will specify requirements for
planting in the treeless areas.
(h)
Trees in the area between the street line and
the setback line of the buildings shall be preserved to the greatest
extent possible.
(i)
Tree removal from any slope or environmentally
sensitive area is prohibited if it will contribute, in the opinion
of the Planning Board, the Forester, Building Inspector or the Township
Engineer, to extra runoff of surface water onto adjoining property
and erosion, and silting, unless other means approved by the Monmouth
County Soil Conservation District are provided to prevent runoff and
erosion.
(j)
No tree removal is permitted that will expose
vacant land, backs of existing billboards, utility substations, transmission
towers, warehouses, junkyards, landfill operations and other similar
structures or operations, except where trees are dead or diseased
and/or endanger life or property.
(k)
No healthy tree that is special by virtue of
history, unusual size or age or of a rare species shall be removed
except as may be required for the protection of health, safety or
public welfare.
(l)
Trees may be removed to clear for soil removal
or landfill provided that the same amount of wooded area or the same
number of trees are replaced according to an approved plan. If the
finished operation is planned to be used for other development, the
replacement of trees shall be at the discretion of the Shade Tree
Committee which may include it as part of the subdivision plan or
a site plan submitted for approval by the Planning Board.
(m)
Unless proven necessary, staging areas shall
not be closer than 150 feet to any public road center.
(2)
Professional evaluation. The Township Forester may
consider significant adverse impact in the following areas on the
natural environment in granting a permit and may deny the permit if
one or more of the following conditions exist:
(a)
Adverse alteration of ground and surface water
characteristics;
(b)
Substantial negative alteration of water quality
or aquifer recharge;
(c)
Substantial adverse ecological impact;
(d)
Significant increase in noise pollution;
(e)
Significant increase in air and dust movement;
(f)
Substantial adverse impact on air quality;
(g)
Significant reduction in available wildlife
habitat; or
(h)
Adverse effect on the property values caused
by aesthetic degradation.
(3)
Basis for denial. The Township Forester, where appropriate,
upon a determination that an application is to be denied shall state
the basis for such denial specifically and shall notify the applicant
of the criteria upon which said denial is predicated.
M.
In addition to the above requirements, the applicant
shall submit a certificate of insurance at the time of the filing
of the application, which certificate shall certify that the applicant
and any contractors to be hired by him/her have in effect such public
liability and property damage as shall protect him/her, the contractor
and the Township of Manalapan from any and all claims for damages
for personal injury, including accidental death, as well as from claims
of property damage which may arise from the work to be performed under
the permit. The amounts of such insurance shall not be less than the
following:
N.
Data required for tree clearing plan. Every plan submitted
for approval shall be in the form of a map and exhibits indicating:
(1)
Tax Map; lot and block number.
(2)
Area of tract.
(3)
Location of trees or wooded area.
(4)
Number of trees or percent of stocking (trees per
acre).
(5)
Species involved.
(6)
General slope and topography, taken from a recognized
map of such features.
(7)
Location of streams and wetlands.
(8)
Map of locations and surrounding properties showing
wooded areas.
(9)
A list of trees to be planted, preferably selected
from current acceptable plant varieties.
(10)
Tree removal plan and tree planting plan in
relation to principal and accessory buildings, septic systems, roads
and driveways, parking lots, garden areas, etc., showing also the
relation to survey stakes.
(11)
Location of buildings.
(12)
Location of roads, driveways, parking lots,
staging areas, recreation areas and garden areas.
(13)
Grading plans.
(14)
Schedule for tree removal and planting.
(15)
Provision for removal of excess stumps and branches
from the property.
(16)
Provide a Mylar (or similar transparent material)
overlay indicating the exact location of all trees greater than eight
inches diameter; must be prepared to scale of other plans.
A.
It shall be unlawful for any person in the construction
of any structures or other improvements to place solvents, material,
construction machinery or temporary soil deposits within 12 feet of
or outside the dripline, as defined herein, whichever is greater,
of any tree trunk having a three inch or greater dbh.
B.
Before development, land clearing, filling or any
land alterations, a permit will be required to erect suitable protective
barriers, and this protection, where required, shall remain until
such time as the protection is authorized to be removed by the Township
Forester or after issuance of a final certificate of occupancy. Also,
during construction, no attachments or wires shall be attached to
any of said trees so protected. Wood, metal or other substantial material
shall be utilized in the construction of barriers. Barriers will be
required for all trees being protected, except in the following cases:
(1)
Street right-of-way and utility easements may be fenced
by placing stakes a minimum of 50 feet apart and tying fence from
stake to stake along the outside perimeters of such areas to be cleared.
Attachments of any kind to any tree are not permitted.
(2)
Large property areas separate from the construction
or land clearing area into which no equipment will venture may also
be fenced off as above.
C.
Any tree or trees that have been directly or indirectly
damaged by any activity, the responsible party shall make a reasonable
restitution at the discretion of the Township Forester.
The following restriction shall apply to the
cutting of trees within the boundaries of Manalapan Township:
A.
No cutting of trees of any size shall take place within
50 feet of any state, county or municipal improved roadway or street,
except that a property owner may be permitted to thin out trees within
said a fifty-foot border and cut crippled or deceased trees with said
border upon approval by the Township Forester. This restriction shall
not apply to any construction.
B.
No cutting of trees of any size shall take place within
25 feet of any permanent or intermittent stream.
C.
A culvert, approved by the Township Forester, shall
be required for all road stream crossings. Such culvert shall be installed
before cutting and removed after the job is complete.
D.
Trees of less than the minimum diameter prescribed
in this article shall not be cut for any purpose except as required
for site clearing for new construction; clearing of public rights-of-way;
cutting of crop tree in accordance with a plan approved by the Township
Forester, which may include trees of less than the minimum diameter;
or thinning, subject to the approval of the Township Forester.
E.
Climb any living tree designated for preservation
with spikes, cut, trim, break, or disturb the roots of any living
tree.
A.
A tree of special value is any certain tree or shrub
of a certain species of tree or shrub being of special value based
on rarity or historical importance.
B.
If any tree or shrub designated under this section
is located on a site being considered for major subdivision approval,
the Planning Board may, as a condition of final approval, require
the developer to grant a preservation easement to the Township of
Manalapan.
C.
If any tree or shrub designated under this section
is located on private property not seeking major subdivision approval,
the Township may acquire a preservation easement by gift or purchase.
A.
Subdivisions.
(1)
Upon submission of an application for a permit for
any subdivision, the applicant shall pay to the Township of Manalapan
a fee equal to $35 for the first 40,000 square feet of cutting area
or any part thereof and $10 for each subsequent 40,000 feet of cutting
area or any part thereof.
(2)
No application shall be considered without the payment
of the required fees.
B.
Residential.
(1)
For the removal of five trees or less, when the area
of disturbance encompasses no greater than two acres: $35.
(2)
For the removal of six trees or more, when the area
of disturbance encompasses no greater than two acres or less: $100.
(3)
For each area of disturbance over and above two acres:
$35 per acre.
C.
No more than one permit shall be issued in any one-year
period on any particular lot.
D.
No application shall be considered without the payment
of the required fee.
The applicant shall have the right to appeal
any decision made pursuant to the provisions herein to the Township
Committee of the Township of Manalapan in the County of Monmouth within
10 days of receipt of the decision. Any appeal shall be written notice,
and the Township Committee shall proceed to hear the appeal upon notice
to the applicant, but within 30 days after the filing of the appeal.
Upon complete review of the application and after hearing the testimony
of relevant municipal officials, the applicant and the applicant's
experts, if any, the Township Committee may affirm, reverse or modify
the aforesaid decision.
No ordinance heretofore or hereafter adopted
by the Township which may authorize any person, municipal board, body
or official to construct, open, pave or repair any sidewalk, curb,
street or highway or to do any similar act shall be construed to permit
or authorize any interference with or injury to any shade or ornamental
tree subject to this article without the written consent of the Shade
Tree Committee. In case of emergency or need for very prompt action,
the Construction Code Official or his designee may grant relief from
the prohibition set forth in this article.
A.
This article shall be enforced as hereinafter provided
by the Code Enforcement Officer or his designee and/or Township Forester,
who is hereby empowered to cause any and all lands subject to this
article to be inspected and examined to determine compliance with
this article and to order, in writing, the correction of any condition
found to exist therein or thereat in violation of any provision of
this article. The Code Enforcement Officer or his designee and/or
Township Forester is hereby further authorized to cause an appropriate
action or proceeding to be instituted in a court of proper jurisdiction
to prevent and enjoin any threatened, existing or continuing violation
of this article or any provision or section thereof or any standard
adopted by the Shade Tree Committee of the Township of Manalapan.
B.
Any person, firm, corporation, or entity found to
have violated any provision of this article or any condition imposed
in accordance with this article or any specification adopted by the
Shade Tree Committee of the Township of Manalapan or any permit granted
pursuant to this article shall be subject to revocation of that permit
and any certificate of occupancy or building permit issued in reliance
thereon and shall be further subject to the order of the Code Enforcement
Officer or his designee and/or Township Forester which may direct
such person, firm, corporation or entity to cease such violation and
to take appropriate corrective action within such time as may be specified
by the Code Enforcement Officer or his designee and/or Township Forester,
or a stop-work order will be issued. Any person, firm, corporation
or entity found to be in violation of any provision of this article
or any condition imposed in accordance with this article or any permit
granted pursuant thereto or any specification adopted by the Shade
Tree Committee of the Township of Manalapan, be subject to a fine
not exceeding the sum of $1,000 or imprisonment for 90 days, or both,
at the discretion of the Judge of the Municipal Court of the Township
of Manalapan. The removal of each individual tree in violation of
this article shall be considered a separate offense. In addition,
the Court may order restitution (fine and/or appraised value, whichever
is greater) and/or replacement of the trees improperly removed. In
each violation that does not involve the improper removal of trees,
and such violations shall constitute a separate offense.
A.
General.
(1)
Applicants for new construction or reconstruction
or addition to any existing structure (other than a detached single-family
residence) shall, upon introducing a site plan to the Planning Board,
submit to the Shade Tree Committee a complete landscaping plan, prepared
by a certified landscape architect. The landscaping plan shall be
submitted for approval in quadruplicate and shall specify the location
of planting material, their minimum sizes, quantity, variety and species.
The landscaping plan shall demonstrate the location of all existing
shade trees, 10 inches in caliper or greater, five feet above the
ground level and all existing ornamental trees four inches in caliper
or greater, one foot above the ground level on an overlay which may
be placed over the landscaping plan. The character of buffer areas
and screen devices, including dimensions and the arrangements of areas
devoted to plantings, lawns, trees and shrubs must be shown on the
site plans. Existing trees 10 inches in diameter or greater shall
be retained within the development unless such retention results in
unreasonable burden upon the developer.
(2)
A minimum of 15% of the area shown on the site plan
shall be reserved for landscaping, which shall be reasonably distributed
within the area, and which shall include foundation plantings in suitable
planting beds not less than three feet wide on the front, sides and
rear of any building structure. Such foundation plantings shall be
of suitable size in proportion to the size of the building structure
and shall be subject to the approval of the Shade Tree Committee.
The requirements of this subsection shall be in addition to the requirements
as set forth herein for parking buffer zones and shade trees in the
shade tree right-of-way.
(3)
Parking areas, 1/10 of the total of such area or 1,000 square feet within each 10,000 square feet of paved area, shall be landscaped with planting material reasonably distributed in the area. Any landscaping counted within this area shall not be considered as fulfilling the percentage of coverage of landscape requirements of this article as set forth in Subsection A(2) above. Landscaping in parking area shall be located in protected areas, such as along walkways, in center islands, at the end of bays, or in diamonds between stalls. Such protected areas shall be constructed so as to prevent damage to plant material from vehicles.
(a)
One approved shade or ornamental tree as defined
in the planting specification adopted by the Shade Tree Committee[1] shall be planted for every five parking places. These
shall be reasonably distributed in parking areas in any landscaped
areas combined with shrubbery. The base of each tree shall be left
free of pavement for a diameter of not less than seven feet. No paving
shall be placed within 12 1/2 feet of any existing tree to be
retained which is 10 inches or greater in diameter.
[1]
Parking areas must be shaded by deciduous trees
(either retained or planted by the developer) that have or will have
when fully mature a trunk at least 12 inches in diameter. New trees
shall be of a type suitable and adaptable to within a parking lot
for shading.
[2]
Each tree shall be capable of shading a circular
area having a radius of 15 feet with the trunk of the tree as the
center. There must be sufficient trees so that, using this standard,
35% of the parking area will be shaded.
(b)
All remaining areas not classified on the site
plan as parking, buildings or structures, buffer or foundation planting
zones shall be suitably graded and landscaped with grass, ground cover,
trees, shrubs and other suitable plants in a manner most compatible
to the area and consistent with the aesthetic considerations of this
article.
(4)
Approved shade trees shall be planted along all roads, drives and parking areas in accordance with the specifications. One tree shall be required for each 50 feet of frontage or designated area. Trees shall be located an average distance of 50 feet apart, not less than 35 feet nor more than 75 feet, and 10 feet from a line that is directly under any utility lines and five feet from utility boxes. Trees shall be planted in the shade tree right-of-way, which is the area eight to 10 feet in from the sidewalk on the interior or dwelling side thereof. Shade trees shall be a minimum of two to 2 1/2 inches caliper, measured at a height of six inches from the ground. They shall be live, healthy, balled and burlapped, tree-farm specimens with straight, uncut leaders. Shade trees referred to above and in Subsection A(3) shall be selected from among the approved species as defined in the planting specification adopted by the Shade Tree Committee.
B.
Buffer zones. Buffer zones shall provide a year-round
visual screen in order to minimize adverse impacts from a site on
adjacent property or from adjacent areas. Any use required by this
article or requested by the Planning Board to provide a buffer zone
shall comply with the following regulations regarding a buffer area
and buffer screen:
(1)
Within a buffer area, a solid and continuous landscape
screen shall be planted and maintained. Planned materials in the buffer
zone shall be placed within the buffer and shall be sufficiently large
and planted in such a fashion that a screen at least eight feet high,
occupying 50% of the width of the buffer shall be produced within
three growing seasons. The buffer may consist of evergreen and deciduous
plants, natural features, berms, fencing, mounds or combinations to
achieve objectives. A variety of plant material providing seasonal
color and interest should be provided. Possible arrangement of plant
material include plantings in parallel, serpentine or broken rows.
If planted berms are used, the minimum top width shall be four feet
and the maximum side slope shall be 2:1. The intense density of the
buffer screen may be reduced by the Planning Board if it is found
that the proposed use is visually attractive and not detrimental to
the appearance of the neighboring uses.
(2)
Within any buffer zone, no use, activity or sign shall be established other than in accordance with Chapter 95, Development Regulations.
(3)
Any commercial use, required by this article or requested
by the Planning Board to provide a buffer zone to separate such use
from another commercial use or from industrial use, shall be required
to provide a greenbelt between said uses consisting of an area or
strip of land not less than eight feet and no more than 50 feet which
shall be landscaped in accordance with the Shade Tree Committee planting
specifications for buffer areas with a minimum of a single row of
massed evergreen supplemented by deciduous trees and shrubs.
(4)
Any industrial, commercial, or school use, which shall
be required by this article or requested by the Planning Board to
provide a buffer zone to separate such use from a residential use,
shall provide a buffer area, consisting of a strip of land 50 feet
in width, which shall be landscaped in accordance with the regulations
herein set forth and in accordance with the shade tree planting specifications
for buffers and with a minimum row of massed evergreens, deciduous
trees and shrubs.
(5)
In all areas where a buffer zone is required by this
article, permanent curbing shall be installed simultaneously with
the installation of landscaping and screening for the protection of
the buffer zone.
C.
Residential sites. Landscaping, grass and shade tree installation shall be installed in the course of the development of any residential site in accordance with the requirements of Chapter 95, Development Regulations, and in accordance with the planting specifications adopted by the Shade Tree Committee.
D.
The landscaping shall be installed and provided in
accordance with the approved plan.
E.
A developer shall not be permitted to excavate land
or remove trees, shrubs and other plantings from a proposed building
site or tract of land to be subdivided or other undeveloped land on
which an application is pending before the Planning Board or Zoning
Board, until a landscaping plan has been approved by the Shade Tree
Committee, except that 1% of the trees and plantings of any tract
may be removed to facilitate preliminary engineering associated with
an application by the developer to the Planning Board or Zoning Board.
F.
Prior to the issuance of a certificate of occupancy,
the applicant or developer of any tract of land or building site shall
be required to post a performance bond to cover the cost of such landscaping
which shall not have been completed prior to such time as the building
erected on such tract or site is ready to be occupied. The amount
of such performance bond shall be established by the Township Engineer
with the advice of the Shade Tree Committee and shall be posted with
the Township Committee of the Township of Manalapan. Said bond shall
be released only after the expiration of a twelve-month period following
certification by the Township Engineer, with the recommendation of
the Shade Tree Committee, that the total landscaping plan as previously
approved has been completed.
G.
A certificate of occupancy shall not be issued by
the Building Inspector until all requirements of this article have
been met, unless the applicant or developer shall furnish written
notice to the Planning Board, which notice shall be subject to approval
by the Shade Tree Committee, that all landscaping shall be completed
during the first planting season after initial occupancy.
H.
All buffer zones and other areas subject to the landscaping requirements of this article, including all trees, shrubbery, grass and fences located therein, shall be properly maintained for a period of 12 months following certification by the Township Engineer that the total landscaping plan as previously approved has been completed. At the time of said certification, the applicant or developer shall post with the Township Committee a maintenance bond in an amount equal to 1/2 of the total cost of the installation of all landscaping required by this article. Said maintenance bond shall be in addition to any performance bond required under Subsection F. All plantings which shall fail to survive for a period of 12 consecutive months following certification by the Township Engineer shall be replaced by the applicant or developer at his expense. Such replacement shall be made within 60 days following a written demand for replacement issued by the Shade Tree Committee or within such extended period of time as may be specified. Such replacement plantings shall conform to the standards applicable to original plantings as set forth in this article.
The Shade Tree Committee is hereby empowered
to adopt from time to time such specifications as it may determine
to be necessary to properly carry out the purposes and intent of this
article. All landscaping and plantings required to be installed on
any land located within the Township of Manalapan shall conform to
the planting specifications as established by the Shade Tree Committee
of the Township of Manalapan. Said specifications shall be maintained
on file in the office of the Township Clerk, and a fee of $5 shall
be charged to obtain the Manalapan Township Shade Tree Committee planting
specifications.
