[HISTORY: Adopted by the Township Council of the Township
of Willingboro as indicated in article histories. Amendments noted
where applicable.]
[Adopted 6-4-2014 by Ord.
No. 2014-8]
A.Â
Indiscriminate, uncontrolled and excess destruction, removal and
cutting of trees upon lots and tracts of land within Willingboro 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 Willingboro, decrease property value, render the land unfit and
unsuitable for its most appropriate use and negatively affect the
health, safety and general welfare of Willingboro residents. Thus,
Willingboro Township desires to regulate and control indiscriminate
and excessive cutting of trees within Willingboro.
B.Â
It is recognized that there is a strong interrelationship between
the integrity of Willingboro water resources, development on steep
slopes, tree removal, soil disturbance, stormwater management and
the general use of the land resources. Fewer trees throughout Willingboro
may also correlate with increased air pollution. Therefore, Willingboro
finds that the appropriate management of these resources is an important
health, safety and general welfare concern. Managing Willingboro tree
resources is consistent with Willingboro and state-approved Community
Forestry Management Plan, as P.L. 1996, c. 135.[1] The appropriate management guidelines for tree preservation
to be utilized are:
(1)Â
The American National Standard, ANSI A300 (Part 5) - Management;
(2)Â
Trees and Development: A Technical Guide to Preservation of Trees
During Land Development, Nelda Matheny and James R. Clark; and
(3)Â
Protection and Care of the Urban Forest, NJDEP Division of Parks
and Forestry.
[1]
Editor's Note: See N.J.S.A. 13:1L-17.1 et seq.
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 article, except in accordance with the provisions of this
article.
D.Â
The enforcement of this article shall be the duty of the Township
of Willingboro and 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 Willingboro and tree removal on all lands within Willingboro.
As used in this article, 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.
A plan developed by the Township or county outlining the
goals and objectives for managing trees on municipal/county property
with the intent of minimizing liability to the municipality/county
and maximizing the useful life of the tree resource. The plan shall
be approved by the New Jersey Department of Environmental Protection,
Division of Parks and Forestry, New Jersey Forest Service. The Township
Manager, Director of Public Works, or their designees, and the Environmental
Commission shall oversee the implementation of the Community Forestry
Management Plan.
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 article for which tree replacement
shall not be required.
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 by a professional forester, horticulturalist,
or other professional plantsman to be of notable historic interest
to the 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,
county or state.
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.
Any tree in fair or better condition which is so designated
by the Township Tree Specialist based on considerations of whether
the tree is a rare species of specimen thereof; is abnormal in height,
trunk diameter or dripline 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, fragrance, 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.
Any deciduous or coniferous species which has a DBH of six
inches or greater.
A specific plan adopted by the Township of Willingboro for
the location and placement of trees on public property.
A specific plan that contains tree locations and other information
in accordance with this article.
The permit issued by the Township, or its designee, to remove
or destroy a tree or trees.
The Township Council shall direct the Director of Public Works
to have a tree specialist on retainer or available to assist in tree-related
activities within the Township. This individual shall be responsible
for the inspection of sites for which application(s) are filed under
this article. This individual will be responsible for the administration
and protection requirements of this article and enforcement of this
article as directed by the Township.
Tree specialist is either 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' experience in planting, care, and maintenance
of trees. The forester shall also have the responsibility of reviewing
an approved forest management plan and inspecting the forested site
for plan compliance if requested by the Township.
A conservation officer who shall be certified as a certified
tree expert by the State of New Jersey and shall have a minimum of
three years' experience in planting, care and maintenance of
trees.
The terms and provisions of this article shall apply as follows:
A.Â
Unless specifically excepted in Subsection D below, it shall be unlawful for any person to remove or cause to remove trees with a DBH of six inches or more without first having obtained a tree removal permit as provided herein.
B.Â
Specimen and historic trees. Trees which have been designated as
specimen or historic under the provisions of this article 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 Township Council, with consideration
of the Township's responsible agent or agency recommendations.
C.Â
The condition of trees proposed to be saved shall be evaluated by
use of guides as follows:
D.Â
Exceptions. The provisions of this article shall not apply to the
following:
(1)Â
Any property upon which no trees are located, as confirmed by a statement
of no tree verification.
(2)Â
Any tree of less than six inches DBH.
(3)Â
Any tree or trees removed or cut in accordance with a forest management
plan, provided that such plan is filed with the Tree Specialist.
(4)Â
Any tree or trees removed or cut in accordance with an approved conservation
plan prepared by the Soil Conservation District, provided that such
plan has been filed with the Tree Specialist.
(5)Â
Any tree or trees planted and grown for commercial purposes on property
used as a commercial nursery, tree farm, garden center, Christmas
tree plantation or tree orchard.
(6)Â
Any tree growing in a utility right-of-way or fire trail subject
to the approval of the Township Tree Specialist.
A.Â
Any person wishing to obtain a tree removal permit shall make application to the Township by filing a written application with the Inspections Department and paying such fees as set forth in § 352-8. No permit shall be issued until a tree preservation and removal plan for the lot or parcel has been reviewed and approved as compliant with § 352-5B by the Township.
B.Â
Where an application, as required by this article, has been submitted, no permit shall be issued until a tree save plan for the lot or parcel has been reviewed and approved as compliant with § 352-5B by the Tree Specialist and until the filing of a written report of an on-site inspection by the Tree Specialist. Where an application is made in connection with the construction of a building or other improvement, no building permit shall be issued until the tree removal permit has been issued.
C.Â
All required escrow and bond fees for any application, including
required tree replacements or fees, shall be verified as paid prior
to the issuance of the tree removal permit.
D.Â
Tree removal permit applications shall be filed at the Inspections Office and shall be completed in full. Prior to review, the application must be deemed complete and all required fees must be paid, as set forth in § 352-8. The following additional requirements must be met prior to permit issuance:
[Amended 10-16-2018 by Ord. No.
2018-8]
(1)Â
All tree care businesses must register with the New Jersey Board
of Tree Experts and obtain a certificate of registration. A copy of
this registration must be provided to Willingboro Township with the
tree permit application.
(2)Â
All applicants must provide a certificate of liability Insurance
to ensure the safety of homeowners and neighboring properties.
E.Â
Inspections. Upon the approval of the Planning/Zoning Boards, and
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 30 days. The Tree Specialist may, upon inspection,
provide recommendations to the applicant.
F.Â
Permit approval or denial. Upon the Township's or Tree Specialist's
recommendation, the Township shall approve or deny the tree removal
permit within 10 business days after completion of the inspection.
The Township 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 Township Council by filing written
notice with the Township Clerk within 10 days of the Township's
final decision. The Township Council shall hold a public hearing and
issue its decision within 60 days after notice of appeal is filed,
unless the applicant requests, and the Township Council consents to,
an extension of time.
A tree preservation and removal plan shall be submitted to the
Tree Specialist's office. Applications that require Planning
Board or Zoning Board approval shall have tree preservation and removal
plans as part of the submittal to the Planning Board or Zoning Board,
and said plans shall be provided to the Tree Specialist for review
and approval in accordance with this article. Tree preservation and
removal plans shall contain the following:
A.Â
The name and address of the applicant.
B.Â
The name and address of the owner of the property from which the
trees are to be removed.
C.Â
The lot and block of the property.
D.Â
The shape and dimensions of the lot or parcel, including the location of all easements. 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 article, including the information set forth in Subsection D(1) and (2) below and, if necessary, in Subsection D(6) and (8) below. 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:
(1)Â
The existing and proposed tree preservation limits.
(2)Â
The proposed limit of the clearing and all individual trees to be
retained outside the tree clearing 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 to be removed
shall be inventoried.
(3)Â
The installation and limits of a temporary existing tree protection fence along the limits of the proposed tree removal shall be in compliance with § 352-9.
(4)Â
Locations of all forest types shall be identified by common and botanical
names of dominant tree species.
(5)Â
All specimen and historic trees to be removed shall be indicated
on the plan. 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
written approval of the Township Council with consideration of the
Tree Specialist's recommendations.
(6)Â
A proposed tree replacement plan in accordance with this article.
A tree replacement plan shall be considered the proposed landscaping
plan required for all subdivision and site plan approvals.
(7)Â
A North arrow.
(8)Â
The location of existing and proposed structures and improvements,
if any.
Any and all permits approved by the Township shall be declared
null and void if the tree removal is not completed within a reasonable
time, not to exceed 30 days after permit issuance. Permits not used
within this period will require a new application and the payment
of new fees. For purposes of this section, a permit shall no longer
be valid when the work authorized by the permit is completed.
A.Â
Upon completion of the Tree Specialist's field inspection report
and review of any requested recommendations, the Tree Specialist shall
recommend approval of a permit if:
(2)Â
The tree replacement plan is approved;
(4)Â
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 Planning/Zoning Boards
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 tree is to be removed for harvesting as a commercial product
or for the purpose of making land available for farming or other agricultural
activity, or is to be removed in furtherance of a forest management
plan or soil conservation plan, or to serve some other purpose which
is consistent with the purposes of this article.
B.Â
The Township, with recommendations considered from the Tree Specialist,
may deny a permit if the removal will contribute to extra runoff of
surface water onto adjacent properties; erosion; or silting, and such
conditions are not otherwise satisfactorily abated; or if the tree
removal causes:
A.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 dripline of trees in the protection zone,
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.
B.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.
C.Â
The self-supported protective barrier shall be placed, as determined
by the Tree Specialist, at the dripline of any tree along the limit
of clearing and around the entire dripline for trees to remain undisturbed
within the limit of clearing. Refer to Trees and Development, Table
6.2, page 74.
D.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 dripline.
E.Â
Street right-of-way and utility easements 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.
A.Â
Exempt areas:
(1)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.
(2)Â
Utility line clearance operations, provided that such plan is filed
with the Township and provided to a tree specialist and work performed
in accordance with ANSI A300 Part 7: BMP, "Utility Pruning of Trees,"
and Board of Tree Experts, "Pruning Standards for Shade Trees," Section
5.5.
In case of emergencies such as hurricanes, fire, windstorm,
ice storm, flood, freezing temperatures or other disaster, or in the
case of dead or diseased trees which are a hazard to persons or property,
the requirements of the regulations set forth in this article may
be waived by the Township with consultation of a tree specialist upon
a finding that such waiver is necessary so that the public or private
work to restore order on the property in Willingboro Township will
not be impeded.
A.Â
The Township is hereby authorized to issue stop-work orders to the
holder of the tree removal permit, and the Tree Specialist, if required,
is authorized to recommend the issuance of stop-work orders to the
Township officials in the event that there is:
B.Â
The stop-work order shall remain in effect until the Township, upon
recommendation of the Tree Specialist, has determined that the resumption
of work will not violate the plans, permit or the provisions of this
article.
The Township, in conjunction with 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 article, the Tree Specialist shall refer enforcement
actions to the Code Enforcement Officer or Public Works Supervisor.
All provisions of this article 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 article unless a valid permit therefor is in effect and is displayed in accordance with the provisions set forth in § 352-15; 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. 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 representatives
of Willingboro and all law enforcement officers as necessary to effectuate
the provisions of this article, and such entries shall be deemed lawful.
Failure to allow such entry shall be unlawful and shall constitute
a violation of this article and shall constitute failure to display
the permit as required herein. It shall be unlawful and considered
a violation of this article 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 the Township shall register
annually with the Inspections Department, 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, ANSI A13.1 Safety Standards, New
Jersey Board of Tree Experts Pruning Standards for Shade Trees and
ANSI A300 Practice Standards. All work to be performed for Willingboro
shall be by or under the direction of a New Jersey certified tree
expert and in compliance with New Jersey Board of Tree Experts Pruning
Standards for Shade Trees, ANSI Z133.1 Safety Standards and ANSI A300
Practice Standards, unless otherwise directed by or approved by the
Tree Specialist and the Township.
The Tree Specialist shall perform the duties set forth in this
article and shall be responsible for the enforcement of the provisions
of this article as directed by the Township. 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 article. The Tree Specialist has the authority to enter onto
private property whereon there is located a tree, shrub, plant or
plant part that is suspected to be a public nuisance and to order
its removal if necessary. A public nuisance is any tree or plant with
an infectious disease or insect problem; dead or dying trees; a tree
limb(s) or root(s) that obstruct streetlights, traffic signs, free
passage of pedestrians or vehicles; a tree that poses a threat to
safety; etc.
A.Â
Any person, firm, partnership, corporation, association or other
legal entity violating any of the provisions of this article shall,
upon conviction of such violation, be punished by a fine of up to
$2,000 for each offense or to imprisonment for a term not to exceed
90 days, or both, in the discretion of the judge before whom conviction
may be had. Each illegally removed tree shall be considered a separate
violation. Each violation of any of the provisions of this article
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 (fine and/or appraised value, whichever is greater) and/or
replacement of the tree illegally removed.
B.Â
In addition to other remedies, the Township, Tree Specialist or other
authorized official may institute any appropriate legal action to
prevent a continuing violation of the terms of this article.
