[HISTORY: Adopted by the Township Committee of the Township
of Woolwich 10-21-2019 by Ord. No. 2019-18.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 177,
Trees, adopted 12-5-2016 by Ord. No. 2016-12, as amended.
A.Â
Indiscriminate, uncontrolled and excess destruction, removal and
cutting of trees upon lots and tracts of land within Woolwich Township
may cause increased drainage control costs, increased soil erosion
and sedimentation, decreased fertility of the soil, degradation of
water resources, decreased groundwater recharge, increased buildup
of atmospheric carbon dioxide, the establishment of a heat island
effect and increased dust and pollution. The singular or cumulative
effect of any of the foregoing could adversely impact the character
of Woolwich Township, decrease property values, render the land unfit
and unsuitable for its most appropriate use and negatively affect
the health, safety and general welfare of Woolwich's residents.
Thus, the Township governing body desires to regulate and control
indiscriminate and excessive cutting of trees within the Township
and to require appropriate tree replacement. This environmental regulation
is enacted pursuant to N.J.S.A. 40:48-2.
B.Â
It is recognized that there is a strong interrelationship between
the integrity of the Township's water resources, development
on steep slopes, tree removal, soil disturbance, storm water management
and the general use of the land resources. Fewer trees throughout
the Township also correlates with increased air pollution as trees
are an important ecological resource. Therefore, the governing body
finds that the appropriate management of these resources is an important
health, safety and general welfare concern. Managing the Township's
tree resources are consistent with the state-approved Community Forestry
Management Plan. The appropriate management guidelines for tree preservation
to be utilized are:
C.Â
Trees are declared to be an important cultural, ecological, scenic
and economic resource. Proper management of this resource will ensure
its maintenance and result in economic returns. A forestry management
program is intended to meet the objectives of preserving, protecting,
enhancing and maintaining trees and providing opportunities for the
continued use of forest resources which are compatible with the maintenance
of the environment. This will be accomplished by ensuring proper management
of forest and trees through the application of sound management practices.
To that end, it shall be unlawful to cut down, damage, poison or in
any other manner destroy or cause to be destroyed any trees covered
by this chapter, except in accordance herewith.
D.Â
The enforcement of this chapter shall be the duty of the Shade Tree
Commission of Woolwich Township and/or its agents, such as the Tree
Specialist, through the regulation, planting, care and control of
shade, ornamental and evergreen trees and shrubs in the streets, highways,
public places of the Township and tree removal on all lands within
the Township.
E.Â
The Township of Woolwich is not responsible for compliance or enforcement
of the Freshwater Protection Act, Flood Hazard Area Control Act[1] and associated transition areas or buffer zones. The actions
of the Tree Specialist in granting or denying an application to remove
or harvest tress shall not be construed as a confirmation of the presence
or absence of freshwater wetlands or transition areas on the site
of the proposed activity, or any portion thereof or a confirmation
of compliance with the FWPA.
[1]
Editor's Note: See N.J.A.C. 7.13 et seq.
F.Â
If there is any question whether the site of the proposed activity
is located in a freshwater wetland, transition area, flood hazard
area, or other areas regulated by NJAC 7:7A and NJAC 7:13 on a site,
the Township of Woolwich strongly recommends that the person proposing
to engage in such activity apply for a letter of interpretation (LOI)
line verification from NJDEP Division of Land Use Regulation (DLURP)
confirming the presence, absence and boundaries of such regulated
areas. Questions regarding compliance should be referred to NJDEP
or lawyer and/or wetlands consultant. Application requirements for
a LOI can be found at N.J.A.C. 7:7A-16.3.
As used in this chapter, the following terms shall have the
meanings indicated:
Caliper is a type of diameter measurement used in the nursery
industry. The height measurement shall be taken from ground level
for field grown stock and from the soil line for container grown stock,
which should be at or near the top of the root flare. Caliper measurement
of the trunk shall be taken six inches above the top of root flare
up to and including four-inch caliper size. If the caliper at six
inches above the ground exceeds four inches, the caliper should be
measured at 12 inches above the top of root flare. Seldom are tree
trunks perfectly round. The most accurate measurement will result
from the use of a diameter tape. Caliper measurements taken with manual
or electronic "slot" or "pincer" type caliper tools should be the
average of the smallest and largest measurements.
The diameter of a tree measured 4Â 1/2 feet above the
ground level.
The detachment and movement of soil or rock fragments by
water, ice, wind and gravity.
The lot area as provided in this chapter for which tree replacement
shall not be required.
Commonly referred to as floodplains and riparian zones, are
regulated under the Flood Hazard Area Control Act Rule at N.J.A.C.
7:13. A flood hazard area includes the floodway and the flood fringe
area. The flood hazard area includes any land, and any space above
that land, which lies below the flood hazard area design flood elevation
(DFE), which is equal to the Federal Emergency Management Agency's
(FEMA) 100-year floodplain in coastal areas and at least one foot
higher than FEMA's floodplain in fluvial (noncoastal) areas.
Structures, fill, and vegetation that are situated on land that lies
below the flood hazard area design flood elevation are described as
being "in" or "within" the flood hazard area.
A plan for the management of timbered or forested lands approved
by the New Jersey Department of Environmental Protection, New Jersey
Forest Service, or similar state or federal agency.
A tree that has been found to be of notable historic interest
to Woolwich Township because of its age, type, size or historic association
and which has been so designated and that designation has been officially
made and promulgated as part of the official records of the Township
and accompanied by a resolution of the governing body so designating
said tree.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use and enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open spaces, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designated
to be incidental to the natural openness of the land.
The cutting out of certain trees in a stand as defined by
specific criteria (species, diameter at breast height, or height and
form), that are mature or defective, or of inferior kinds to encourage
the growth of the remaining trees in a forest or wood. Selective logging
will leave some trees standing, which allows for natural regrowth,
less impact on the wildlife, and less ugly patches in the landscape.
Any tree in fair or better condition which is so designated
by the Shade Tree Commission based on considerations of whether the
tree is a rare species of specimen thereof: is abnormal in height,
trunk diameter or drip line circumference for a tree of its species;
has foliage of an unusual quality for a tree of its species; occupies
a location which confers special shade tree, erosion control, aesthetic,
scenic enhancement, historic, preservation or cultural values to the
community. For purposes of this definition, "in fair or better condition"
shall mean that a tree has a relatively sound and solid trunk with
no evidence of extensive decay or visual evidence of being hollow
and with no major insect or pathological problem.
The largest tree of each species found in New Jersey as listed
on the NJ State Big Tree Register.
Any slope equal to or greater than 11%, as measured over
a minimum run of 10 feet. Figure 9 of the Woolwich Township Environmental
Resource Inventory demonstrates how slope is calculated.
A street tree is any tree that is growing in the Township
right-of-way, whether in improved (between the sidewalk and the curb)
or unimproved (no sidewalk and/or curb) right-of-way.
Any deciduous or coniferous species which has a DBH of five
inches or greater.
A fund established by the governing body for the administration
and promotion of tree and shrubbery resource sustainability projects
and practices.
A specific plan adopted by Woolwich Township for the location
and placement of trees on public property.
The permit issued by the Shade Tree Commission or, its designee,
to remove or destroy a tree or trees.
A specific plan for replacement of removed trees in accordance
with the provision of this chapter.
The governing body may appoint a Tree Specialist. This individual
shall be responsible for the inspection of sites for which applications
are filed under this chapter. This individual will be responsible
for the administration and protection requirements of this chapter
and enforcement of the ordinance. This individual shall also have
the responsibility of reviewing an approved forest management plan
and inspecting the forested site for plan compliance if requested
by the tax assessor.
A Tree Specialist is any of the following:
A forester who shall have a bachelor's degree in forestry
or arboriculture from a college or university, shall be certified
as a certified tree expert by the State of New Jersey and shall have
a minimum of three years of experience in planting, care and maintenance
of trees.
A conservation officer who shall be certified as a ceritified
tree expert by the State of New Jersey and shall have a minimum of
three years of experience in planting, care and maintenance of trees.
In the absence of the above, in-house personnel, specifically
the Director of Community Development in conjunction with the Woolwich
Township Zoning Officer.
The Tree specialist retained from outside of Township administrative
personnel shall be paid from the Tree Escrow Fund, which is established
herein, and shall be paid in accordance with a fee schedule established
by contract with the municipality.
Are those areas that are inundated or saturated by surface
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, vernal pools and similar
areas as regulated by state statutes and regulations.
The terms and provisions of this chapter shall apply as follows:
A.Â
A tree removal permit shall be obtained under the facts and circumstances
set forth herein.
B.Â
It shall be unlawful for any person to cut, remove, top, injure,
or harvest any trees or forest products within areas defined and regulated
as wetlands under the Freshwater Wetlands Protection Act (FWPA).[1] It shall further be unlawful for any person to cut, remove,
top, injure, or harvest any trees or forest products within areas
defined and regulated as a wetland transition area under the Freshwater
Wetlands Protection Act (FWPA) without an approved Forestry Management
Plan that is reviewed and approved by the State Forester and on file
with the Tree Specialist before the activities are undertaken.
[1]
Editor's Note: See N.J.S.A. 13:9B-1 et seq.
C.Â
It shall be unlawful for any person to cut, remove, top, injure,
or harvest any trees or forest products within areas regulated under
the Flood Hazard Areas Control Act[2] without an approved Forestry Management Plan that is reviewed
and approved by the State Forester and on file with the Tree Specialist
before the activities are undertaken.
[2]
Editor's Note: See N.J.A.C. 7.13 et seq.
D.Â
It shall be unlawful for any person to cut, remove, top, injure,
or harvest any trees or forest products within any slope equal to
or greater than 11%, as illustrated, defined in this chapter and calculated
in the Woolwich Township Environmental Resource Inventory (see Map
6 Steep Slopes).
E.Â
It shall be unlawful for any person to remove or cause to removed
trees which are state record, specimen, or historic trees. Such trees
shall be maintained in a living condition and it shall be unlawful
for any person to remove such tree without an approved tree removal
permit. No specimen or historic tree shall be removed unless the applicant
has obtained the approval of the Tree Specialist.
F.Â
It shall be unlawful for any person to cut, remove, top, injure,
or harvest any trees or forest products within protected vegetative
buffers, conservation or wetland transition areas identified within
a deed of easement restriction, approved final subdivision plat or
site plan, which has been recorded.
G.Â
It shall be unlawful for any person to cut, remove, top, injure,
or harvest street trees as identified in an approved final subdivision
plat or site plan, which has been recorded, unless a tree removal
permit is issued by the Tree Specialist, in which case replanting
may be a condition of removal and that a greater than 1:1 replacement
may be required.
A.Â
The following shall be exempt from the tree removal permit and replacement
requirements of this chapter:
(1)Â
Any tree of less than five inches diameter breast height (DBH), provided it is not a street tree or located within a regulated area as set forth in § 177-3, unless a tree removal permit is issued by the Tree Specialist.
(2)Â
Any tree or trees planted and grown for commercial purposes on property
used as a commercial nursery, tree farm, garden center, Christmas
tree plantations or tree orchards.
(3)Â
Any tree growing in a utility right-of-way or fire trail, or for
the purpose of establishing a survey line.
(4)Â
Any tree that is removed by the owner of an existing residential property that is two or less acres in size and is not a street tree or located within an area regulated as set forth under § 177-3, unless a waiver is obtained from the Tree Specialist.
(5)Â
Any tree that is removed by the owner of the property for personal use as firewood on the property by the owner and provided is not within an area regulated as set forth under § 177-3, unless a waiver is obtained from the Tree Specialist.
(6)Â
Tree removals necessitated by weather emergencies such as hurricanes,
fire, windstorms, ice storm, flood, freezing temperatures or other
disaster.
(7)Â
Dead or diseased trees, which are a hazard to persons or property.
B.Â
Exempt areas.
(1)Â
For all new residential development as part of a minor subdivision with proposed lot area equal to or less than 43,560 square feet, up to 50% of the lot area shall be exempt area. For new residential development as part of a minor subdivision with a proposed area of 43,560 square feet or greater, up to 25,000 square feet or 30% of the lot area shall be exempt area. For all new residential development as part of a major subdivision, up to 30% of each lot shall be exempt area. The exempt area shall be calculated as a contiguous area from a fixed point within the footprint of the existing or proposed primary residential structure on the property. The exempt area should be calculated to minimize any adverse environmental impacts and is not within a regulated area as set forth under § 177-3.
(2)Â
In all commercial and nonresidential developments, 50% of the lot area may be exempt area. The exempt area should be calculated to minimize any adverse environmental impacts and comply with all relevant state and federal environmental regulations or regulated areas as set forth under § 177-3.
(3)Â
Utility line clearance operations provided that a plan is filed with
and approved by the Township Forester.
A.Â
Any person required to obtain a tree removal permit shall file a
written application with the Tree Specialist and pay a $25 fee. No
permit shall be issued until an application has been approved by the
Tree Specialist, within 21 days of submission of said application
and payment of fees.
B.Â
Selective logging or other sustainable commercial harvesting practices are permitted on properties that are farmland assessed, provided the applicant has obtained an approved tree removal permit and such activities are governed by an approved Forestry Management Plan filed with the Tree Specialist if proposed in a regulated area as set forth under § 177-3. Under no circumstances shall a permit be granted that authorizes a person to cut, remove, top, injure, or harvest any trees or forest products within any slope equal to or greater than 11% within 200 feet (measured horizontally from the stream bank), or wetland area as defined under the Freshwater Wetlands Protection Act (FWPA).[1]
[1]
Editor's Note: See N.J.S.A. 13:9B-1 et seq.
C.Â
Where an application, as required by this chapter, has been submitted
in connection with the construction of a building or other improvement,
no building permit shall be issued until a save tree or replacement
plan for the lot or parcel, if necessary, has been reviewed and approved
by the Tree Specialist, and until the filing of a written report of
an on-site inspection by the Tree Specialist.
D.Â
If the tree removal permit is for a single family residence as part
of a minor subdivision, the plan shall consist of a tree location
sketch containing the minimum amount of pertinent information to enable
the determination of compliance by the Tree Specialist.
E.Â
Inspections: After the application is complete and reviewed, the
Tree Specialist shall inspect the trees and property which are the
subject of the permit application within 21 days of the receipt of
an administratively complete application.
F.Â
Permit approval or denial: The Tree Specialist shall approve or deny
the tree removal permit within 10 business days after completion of
the inspection. The Tree Specialist shall notify the applicant in
writing of the factual basis and criteria for any denial. The final
decision of the Tree Specialist may be appealed to the governing body
by filing written notice within 10 days of the final decision. The
governing body shall hold a public hearing and issue its decision
within 60 days after notice of appeal is filed, unless the applicant
requests, and the governing body consents to an extension of time.
A.Â
Tree preservation and removal plans shall contain the following minimum
information. The Tree Specialist reserves the right to request additional
information as may reasonably be required.
B.Â
Applications that require Joint Land Use Board approval shall have
tree preservation and removal plans as part of the submittal to the
Joint Land Use Board, and said plans shall be provided to the Tree
Specialist for review and approval. Tree preservation and removal
plans shall contain the following:
(1)Â
The name and address of the applicant.
(2)Â
The name and address of the owner of the property from which the
trees are to be removed.
(3)Â
The street address (if assigned) and lot and block of the property.
(4)Â
The shape and dimensions of the lot or parcel, including the location
of all existing and proposed easements.
(5)Â
If the tree removal permit is for a single-family residence, the
plan shall consist of a tree location sketch containing the minimum
amount of pertinent information to enable the determination of compliance
with the regulations in this chapter. The plan for any other property
shall include a survey prepared by a licensed land surveyor that contains
tree locations. The survey shall contain, at a scale of no less than
one inch equals 50 feet, the following information:
(a)Â
The existing and proposed tree preservation limits.
(b)Â
The proposed limit of the clearing (exempt area under ordinance)
and all individual trees to be retained outside the exempt area identified
by some approved method as determined by the Tree Specialist such
as flagging, prior to the field inspection. For any clearing greater
than or equal to three acres, a representative 5% of the wooded areas
proposed to be cleared shall be inventoried. The representative 5%
shall be determined by agreement between the Tree Specialist and the
applicant. Where less than three acres is proposed to be cleared,
all trees that are greater than the six-inch caliper to be removed
shall be inventoried, but not more than 50 trees in the three acres.
(c)Â
The installation and limits of a temporary existing tree protection
fence along the limits of the proposed tree removal.
(d)Â
Locations of all forest types shall be identified by common
and botanical names of dominant tree species.
(e)Â
All state record, specimen and historic trees to be removed.
All reasonable efforts shall be made to preserve such trees, including,
but not limited to, if feasible, relocation of infrastructure, roadways
and buildings. Removal of such trees shall require specific approval
of the governing body with consideration of the Tree Specialist's
recommendations. The governing body shall grant permission, especially
where infrastructure, roadways, or buildings are contemplated, for
the removal at double the rate of the tree compensation as provided
elsewhere in this chapter.
(f)Â
A proposed tree replacement plan in accordance with this chapter.
A tree replacement plan shall be considered the proposed landscaping
plan required for all subdivision and site plan approvals.
(g)Â
A North arrow.
(h)Â
The location of existing and proposed structures and improvements,
if any.
Any and all permits approved by the Tree Specialist shall be
declared null and void if the tree removal is not completed within
a reasonable time, not to exceed 12 months after permit issuance,
subject to Joint Land Use Board's conditions of approval. In
no case will the permit be valid for more than 12 months, except that
a tree removal permit issued in conjunction with a development approved
under the MLUL shall extend for the period of protection granted to
the development approval under the MLUL. Permits not used within this
period will require a new application and the payment of new fees.
A.Â
Upon completion of the Tree Specialist's field inspection report
and review of any requested recommendations, the Tree Specialist shall
approve of a permit if:
(1)Â
The tree preservation and removal plan is compliant;
(2)Â
The tree replacement plan is approved; and
(4)Â
A permit may also be issued if at least one of the criteria as follows
has been satisfied:
(a)Â
The tree is located in an area where a structure or improvements
will be placed according with the approval of Joint Land Use Board
and the tree cannot be relocated on the site because of age, type
or size of the tree;
(b)Â
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 of clearance or conflicts with
other ordinances or regulations;
(c)Â
The trees to be removed is for the purpose of making the land
available for farming or other agricultural activity. If the property
is not farmed as prescribed on the tree removal permit within three
years of the tree removal or is developed for any other use before
the expiration of five years of clearing, the reforestation replacement
obligation will be enforced according to the new use of the property;
(d)Â
The trees to be removed are in furtherance of a forestry management
plan or soil conservation plan, or to serve some other purpose which
is consistent with the purposes of this chapter.
(e)Â
The trees slated for removal are all within the exempt area.
B.Â
The Tree Specialist may deny a permit if the plan is inconsistent
with the Code and the removal will contribute to:
(1)Â
Extra runoff of surface water onto adjacent properties;
(2)Â
Erosion;
(3)Â
Silting; and/or
(4)Â
If the tree removal causes:
(a)Â
Soil instability.
(b)Â
Drainage or sewerage problems.
(c)Â
Dangerous or hazardous conditions.
(d)Â
Clearing within any slope equal to or greater than 11% within
200 feet (measured horizontally from the stream bank).
(e)Â
Clear-cutting within sensitive natural areas and forested watershed
lands.
C.Â
Applicants claiming exemption must still comply with all relevant
state and federal environmental regulations.
A.Â
Application.
(1)Â
The applicant, at time of filing the application with the Tree
Specialist, shall pay the application fee of $25 for each new or existing
lot. Applicants wishing to obtain a permit to commercially harvest
and selectively log an area equal to or greater than 0.5 (21,780 square
feet) acres in size shall pay an application fee of $50.
B.Â
Tree Escrow Fund. A Tree Escrow Fund shall be established and maintained
by the Chief Financial Officer of Woolwich Township to receive and
disburse replacement tree contributions. Appropriations from the Tree
Fund shall be authorized by the governing body with consideration
of Tree Specialist's recommendations. The primary purpose of
said fund is to provide for the replacement of trees and shrubs on
public and municipal owned property for which the Township of Woolwich
is responsible. The fund will also cover administrative costs to implement
the provisions of this chapter, including but not limited to site
inspections, processing of permits and supervision of tree replacements.
Administrative costs imposed in accordance with this chapter shall
not exceed 30% of the fund, as determined on an annual basis.
A.Â
Any tree removed pursuant to this chapter, unless exempt shall be
replaced based on the following:
|
Number of Trees to Be Removed
|
Size/Diameter
(Inches)
|
Number of Replacement Trees
|
Size of Replacement Trees
(Inches)
|
Or Dollar Amount
|
|---|---|---|---|---|
|
1
|
Greater than 6 up to 10
|
1
|
2 - 2Â 1/2
|
$200
|
|
2
|
Greater than 6 up to 10
|
1
|
3Â 1/2 - 4
|
$400
|
|
1
|
Greater than 10 up to 16
|
2
|
2 - 2Â 1/2
|
$480
|
|
1
|
Greater than 16 up to 23
|
2
|
3
|
$840
|
|
1
|
Greater than 23 up to 30
|
4
|
3Â 1/2 - 4
|
$1,680
|
|
1
|
Greater than 30
|
5
|
3Â 1/2 - 4
|
$2,100
|
(1)Â
In cases where the tree cost requirement criteria is combined with
partial replacement, the value of proposed shade, ornamental, evergreen
and shrub material shall be deducted from the calculated amount for
the true cost replacement value. The value of the proposed landscape
material shall be calculated based upon average local material costs
for planting.
B.Â
The applicant will receive a one-for-one replacement tree credit
should stands of 10 or more trees greater than six inches in diameter
be preserved within the limit of the disturbance line (exempt area).
C.Â
All replacement trees shall be planted on site in accordance with
the foregoing. However, if one or more of the following conditions
exist, some or all of the replacement trees may be planted off site:
(1)Â
The site in question cannot physically accommodate the total number
of replacement trees, and the applicant contributes an amount equal
to the calculated monetary value of non-replaced trees to the Tree
Escrow Fund; or
(2)Â
The Tree Specialist and applicant agree in writing that the applicant
shall make payment to the Tree Escrow Fund based upon the chart provided;
or
(3)Â
The Tree Specialist and applicant agree in writing that the applicant
shall plant replacement trees off-site on municipally owned property
pursuant to the municipal tree planting plan. This option shall require
Township Committee approval.
A.Â
Barriers.
(1)Â
Prior to construction and any tree removals, suitable tree protective
barriers shall be erected and this protection, where required, shall
remain until such time as the protection is authorized to be removed
by the Tree Specialist or after issuance of a final certificate of
occupancy. In addition, during construction no attachments or wires
shall be attached to any of said trees so protected. Where some grading
must take place within the drip line of trees, or 15 feet from the
trunk diameter, whichever is less, in the protection zone (outside
the exempt area), appropriate measures shall be taken to minimize
impact to the trees. Any trees seriously damaged during construction
must be professionally treated by a New Jersey-certified tree expert
or replaced if the damage is beyond treatment.
(2)Â
A detail of the existing tree self-supported protective barrier shall
be provided on all applications. The protective barrier shall be a
minimum of four feet high.
(3)Â
The self-supported protective barrier shall be placed, as determined
by the Tree Specialist, at the drip line of any tree along the limit
of clearing and around the entire drip line for trees to remain undisturbed
within the limit of clearing (exempt area).
(4)Â
It shall be unlawful for any person in the construction of any structure
or other improvement to place solvents, material, construction machinery
or temporary soil deposits within the drip line.
B.Â
Street right-of-way and utility easements (exempt area) may be delineated
by placing stakes a minimum of 50 feet apart and tying ribbon, plastic
tape, rope, etc., from stake to stake along the outside perimeters
of such areas to be cleared.
C.Â
Large property areas separate from construction and land-clearing
areas into which no equipment will venture may also be delineated
as set forth above as determined by the Tree Specialist following
a field evaluation.
Any tree removed in connection with an application that requires
Joint Land Use Board approval, construction of a building or other
improvement shall be replaced as provided under other provisions of
this chapter, unless said tree is located in an exempt area or is
dead or fatally diseased as determined by the Tree Specialist or certified
tree expert. Tree replacement shall be in accordance with either Subsection
A, B, C or D below or a combination of Subsections A, B, C and D.
A.Â
Standard replacement. For each tree six inches in DBH or greater that is removed, the applicant shall prepare a replanting plan for other areas of the property. The replacement plan or landscape plan shall generally reflect a one-to-one tree replacement for each tree six inches or greater to be removed. All proposed replacement trees shall be in accordance with selections from Trees For New Jersey Streets, published by the New Jersey Shade Tree Federation, and Street Tree Factsheets, a publication of the Municipal Tree Restoration Program, and submitted for review and approval prior to the issuance of a tree removal permit. Please see table in § 177-9.
B.Â
Tree area replacement/reforestation: For each square foot of tree
area to be removed, the applicant shall prepare a reforestation scheme
on other treeless open space areas of the property to compensate for
the tree removals. The reforestation plan shall be based on a twenty-foot-by-twenty-foot
grid. Of this number of trees, 10% shall be balled and burlapped,
two-inch to two-and-one-half-inch caliper, 20% shall be balled and
burlapped, one-and-three-quarter-inch to two-inch caliper, 30% shall
be bare root one-and-one-quarter- to one-and-one-half-inch caliper,
and 40% shall be bare root six-foot- to eight-foot-tall whips. A mixture
of trees, indigenous to the area and site, shall be utilized. Proposed
trees shall be planted in natural groves and may be spaced five feet
to 20 feet on center. The ground shall be seeded with a grass mixture
approved by the Shade Tree Commission. The reforestation formula shall
follow the guidelines as set forth in the New Jersey No Net Loss Reforestation
Act.[1]
[1]
Editor's Note: See N.J.S.A. 13:11-14.1 et seq.
C.Â
Credits. The permit applicant will receive a one-to-one replacement
tree credit:
(1)Â
For stands of 10 or more trees within a DBH of six inches or greater
preserved within the limit of the disturbance line (exempt area);
or
(2)Â
Forested areas of one acre or greater, which are left natural and
conveyed to the Township with a deed restriction, will remain forested
and undeveloped. This conveyance excludes all previous dedicated easements.
In case of emergencies such as hurricanes, fire, windstorm,
ice storm, flood, freezing temperatures or other disaster, trees which
are a hazard to persons or property, the requirements of the regulations
set forth in this chapter shall not apply.
A.Â
The Tree Specialist is hereby authorized to issue stop-work orders
to the holder of the tree removal permit and the Tree Specialist is
authorized to recommend the issuance of stop-work orders in the event
that there is:
B.Â
The stop-work order shall remain in effect until the Shade Tree Commission,
upon recommendation of the Tree Specialist, has determined that the
resumption of work will not violate the plans, permit or the provisions
of this chapter.
The Tree Specialist shall oversee all tree removals pursuant
to an issued tree removal permit. The Tree Specialist shall conduct
adequate inspections of all sites for which a tree removal permit
has been issued. Upon the ascertainment of a violation of this chapter,
the Tree Specialist or his/her assignee shall pursue enforcement.
All provisions of this chapter shall apply to any person removing
trees on behalf of any other person, including all tree removal construction
companies or persons in the business of removing trees or construction.
It shall be unlawful for any person or company to remove or cause
to be removed any tree or undertake any work for which a permit is
required pursuant to this chapter unless a valid permit therefore
is in effect and is displayed. Such removal or work shall constitute
a violation of this section and shall subject the person or company
violating this section to all penalties provided herein.
A.Â
The applicant shall prominently display on the site the tree removal
permit issued. Such permit shall be displayed continuously while trees
are being removed or replaced or work done as authorized on the permit
and for 10 days thereafter. In addition, the person or persons cutting
or removing trees, if other than the applicant, shall carry with him/her
authorization from the owner or applicant authorizing such person
to cut or remove trees. In the event that the trees are being cut
or removed in accordance with a forest management plan or a soil conservation
plan, a copy of the plan shall be in the possession of the person
cutting or removing such trees.
B.Â
As a condition for the issuance of the permit, the applicant shall
agree in writing to the entry onto his/her premises by the Tree Specialist
and all law enforcement officers as necessary to effectuate the provisions
of this chapter, and such entries shall be deemed lawful. Failure
to allow such entry shall be unlawful and shall constitute a violation
of this chapter and shall constitute failure to display the permit
as required herein. It shall be unlawful and considered a violation
of this chapter for any person to engage in the business of plant
cutting, trimming, removal, spraying or otherwise treating trees,
shrubs or vines within the Township and without the applicable certification
or license for the designated work. All contractors offering tree
care services for hire within Woolwich Township shall register annually
with the Tree Specialist, provide a current certificate of insurance
showing evidence of employer liability and workers compensation coverage
for the work to be performed, and shall comply with applicable OSHA
regulations and Z-133, New Jersey Board of Tree Experts Pruning Standards
for Shade Trees.
The Tree Specialist shall perform the duties set forth in this
chapter and shall be responsible for the enforcement of the provisions
of this chapter as directed by the Shade Tree Commission. In this
regard the Tree Specialist is authorized and shall perform any necessary
inspections and is further authorized and shall issue violation notices
and shall sign complaints and provide testimony in the Municipal Court
for violations of this chapter.
A.Â
Any person, firm, partnership, corporation, association or other
legal entity violating any of the provisions of this chapter shall,
upon conviction of such violation be punished by a fine of up to $5,000
for each offense, in addition to payment of the corresponding fees
for replacement. Each illegally removed tree shall be considered a
separate violation. Each violation of any of the provisions of this
chapter and each day the same is violated shall be defined and taken
to be a separate and distinct offense. In addition, the court may
order restitution in the form of payment of the value of the tree
illegally removed.
B.Â
In addition to other remedies, the Shade Tree Commission, Tree Specialist
or other authorized official may institute any appropriate legal action
to prevent a continuing violation of the terms of this chapter. If
such action is taken in Superior Court, the Township shall be entitled
to an award of attorney's fees and costs in addition to any and
all other available relief.
