[1999 Code § 12.16.010; Ord. No. O.1659-2008§ 1]
It is the intent of this chapter to promote the general welfare of the people of the Township by providing for the protection, regulation and planting and cutting of trees in such a way as to protect and preserve the environment by conserving to the maximum extent possible the tree life in the Township. The Mayor and the Township Council find that the indiscriminate, uncontrolled and excessive destruction, removal, and cutting of trees upon lots and tracts of land within the Township has caused increased drainage control costs, increased soil erosion, increased buildup of atmospheric carbon and increased dust, tending to decrease the quality of life and to diminish property values in the Township.
The adverse effects of uncontrolled tree removal affects the general health, safety, welfare, and well being of the residents of the Township as well as the integrity of the natural environment and processes upon which the residents of the Township depend.
Therefore, it is in the public interest that an ordinance establishing conditions, standards and procedures for the removal and replacement of trees, and for the preservation of mature vegetation be enacted by the Township.
[1999 Code § 12.16.020]
With an ever growing population in the Township, it is absolutely essential to our citizens to remove pollution from our air. It takes approximately twenty (20) mature trees to clean the air of gases produced from vehicular traffic consuming five (5) gallons of gasoline. Healthy trees greatly assist in the battle against air pollution since moist tree foliage traps dust and soot particles until the rain washes them away. Trees also consume carbon dioxide, a by-product of the combustion of organic fuel materials.
Properly planted and nurtured trees are also needed to create sound barriers to help in the reduction of the noise level made by vehicular traffic, trains and ultimately the noise which will be created by the air traffic.
[1999 Code § 12.16.030; Ord. No. O.1507-2006§ 1; Ord. No. O.1659-2008§ 1]
As used in this chapter:
- ADMINISTRATIVE OFFICER
- Means the Township Engineer.
- AVERAGE WOODED ACRE
- Shall be determined as follows:
- a. A selective inventory by size and species, of all trees having a D.B.H. of four (4) inches or greater, shall be conducted using a minimum of two-tenths (0.2) acre plots which shall be staked or visibly marked to allow for Township inspection.
- b. The location of the inventory plots shall be determined by the applicant subject to Township approval, by using a grid overlay drawn to the same scale as the site plan submitted with the application.
- c. A representative five (5%) percent of the wooded acres proposed to be cleared shall be inventoried. The representative five (5%) percent shall be determined by agreement between the applicant, the agencies with jurisdiction including the Planning or Zoning Board, the Township planner and the administrative officer. Where two (2) acres or less are proposed to be cleared, a minimum of one-tenth (1/10) acre shall be inventoried.
- CLEAR CUTTING
- Means the removal of all standing trees on a lot or portion of a lot.
- DIAMETER AT BREAST HEIGHT (D.B.H.)
- Means diameter of tree measured at breast height, approximately four and one-half (4.5) feet from the ground.
- DRIP LINE
- Means a limiting line established by a series of perpendicular drop points marking the maximum radius of the crown of an existing tree but not less than eight (8) feet from the trunk, whichever is greater.
- Means any individual, firm, copartnership, association, corporation, limited liability company, limited liability partnership or developer, other than the Township.
- PROFESSIONAL FORESTER
- Means one who has a minimum of a Bachelor's of Science degree in forestry from a four-year college accredited by the Society of American Foresters.
- RECOMMENDED TREE SPECIES
- Means the species of trees acceptable for use in planting in the Township. A list of recommended trees species shall be maintained by the Township Engineer and shall be reviewed and approved annually by the Planning Board. Species not shown on the list of comparable attributes may be approved for use as equivalent substitutes. Native tree species are preferred over non-native tree species for equivalent substitutes.
- RECOMMENDED TREE SPECIES LIST
- Means a list recommended trees species maintained by the Township Engineer, and reviewed and approved annually by the Planning Board.
- REPLACEMENT TREE
- Means a nursery grown certified tree, properly balled and burlapped and marked with a durable label indicating genus, species and variety, having a minimum caliper of two and one-half (2 1/2) inches measured at D.B.H. A replacement tree shall be selected from the recommended tree species list.
- Means the management of any forested tract of land to ensure its continued survival and welfare whether for commercial or noncommercial purposes pursuant to a plan approved by the New Jersey Bureau of Forestry.
- SINGLE-FAMILY LOT
- Means a lot upon which a dwelling unit exists, or an individual conforming, undeveloped single-family residential lot which has the potential to be developed as a single-family dwelling and is not part of a subdivision and which lot may not be further subdivided pursuant to municipal land use law and the Township land use regulations.
- Means the forest debris remaining after a tree removal operation.
- SPECIMEN TREE
- Means any tree with a D.B.H. of sixteen (16) inches or greater.
- Means any tract of land which is hereafter subdivided into two (2) or more parcels along an existing or proposed street, highway, easement or right-of-way, for sale or for rent as residential lots or residential building plots regardless of whether or not the lots or plots to be sold or offered for sale or leased for any period of time are described by metes and bounds or by reference to a map or survey of the property or by any other method of description.
- Means any deciduous or coniferous species which reaches a typical mature height of ten (10) feet or more. An individual tree for the purpose of this chapter has a D.B.H. of four (4) inches or greater. A specimen with multiple trunks will be considered an individual tree with a D.B.H. of one-half (1/2) of the sum of the diameters of the trunks.
- TREE REMOVAL PERMIT
- Means a permit to remove trees issued by the administrative officer after review and approval of application for removal and replacement of trees by those parties with jurisdiction.
- TREE REPLACEMENT PLAN
- Means a plan for replacement of removed trees in accordance with the provisions of this chapter.
- WOODED AREA
- Means any natural cluster or clusters of trees and vegetative undergrowth. Street trees, parking lot landscaping trees, and landscaping surrounding a building or structure that were planted in connection with prior development shall not constitute a wooded area.
[1999 Code § 12.16.040; Ord. No. O.1507-2006§ 2]
Any person, firm or corporation having control over any wire for transmission of electrical current along a public highway shall at all times guard all trees through which or near which such wires pass against any injury from wires or from electrical current carried by them. The device or means used shall in every case be subject to the approval of the Township Engineer.
[1999 Code § 12.16.050]
No person, firm or corporation shall permit any brine, gas or injurious chemical to come into contact with the stem or roots of any tree or shrub upon a public highway, street or road or upon Township property.
[1999 Code § 12.16.060; Ord. No. O.1507-2006§ 2]
No person, firm or corporation shall prevent, delay or interfere with any lawful work undertaken hereunder by the Township Engineer or other employees of the Township.
[1999 Code § 12.16.070]
No person, firm or corporation shall hitch or fasten an animal to any tree or shrub on a public highway or to any guard or support provided for same, nor permit an animal to bite or to otherwise injure any such tree or shrub.
[1999 Code § 12.16.080; Ord. No. O.1507-2006§ 2]
The Township Engineer shall have the power to:
Require the removal of any tree or part thereof dangerous to public safety at the expense of the owner of such tree;
Remove any tree or part thereof dangerous to public safety at the request and expense of the owner of such tree;
The Township Engineer shall have the power to contract with the owner of any real estate in the municipality to supply him or her with material and labor for the purpose of removing trees in accordance with this section, and to charge the actual cost thereof to such owner. If after such material or labor is supplied, and payment is not made on demand, the Township Engineer may certify the actual cost thereof to the Collector of Taxes, whereupon the sum so certified shall be collected by the Collector as other taxes on real property are collected in the Township.
[1999 Code § 12.16.090; Ord. No. O.1507-2006§ 2]
No person shall do or cause to be done upon trees, in any right-of-way, public street, road or highway within the Township without first obtaining written permission from the Township Engineer, any of the following acts:
Cut, trim break, climb with spikes, disturb the roots or otherwise intentionally injure, misuse or spray with harmful chemicals or remove any living tree five (5) inches or more D.B.H. or remove any device installed to support or protect such trees;
Plant any tree;
Fasten any rope, wire, electrical equipment, sign or other device to a tree or any guard about such a tree or shrub;
Close or obstruct any open space provided at the base of a tree which open space is necessary to permit the access of air, water or fertilizer to the roots of such tree;
Pile, heap or store any building material, soil, debris or any other matter or make any mortar or cement within a distance of six (6) feet of a tree.
During the period of construction or repair of any building or structure or in the construction or repair of a street, road, and highway not yet dedicated to the Town, the owner thereof or the contractor shall take every precaution to place guards around all nearby trees on Township land or within public rights-of-way so as to effectively prevent injury to such trees. The owner and/or contractor shall each be responsible for the placement of such guards or guardrails and failure to make adequate provision for the protection of the trees shall subject the owner and builder to a penalty as hereinafter provided.
[1999 Code § 12.16.100; Ord. No. O.1507-2006§ 2]
Where a person desires to control the growth of trees on a public highway, street or road or right-of-way by removing them or pruning the trees, then the person shall apply for approval to the Township Engineer and shall outline the work to be performed. If the applicant fails to comply with the order of the Township Engineer, the applicant shall be subject to the penalties as hereinafter provided.
[1999 Code § 12.16.110]
No person shall cut, remove or destroy, or cause to destroy, any tree growing in the Township without having first obtained a permit as provided in this chapter.
[1999 Code § 12.16.120]
[1999 Code § 12.16.130; Ord. No. O.1659-2008§ 2]
The following activities are exempt from the tree replacement element of this chapter:
Commercial nurseries and fruit orchard, garden centers and Christmas tree plantations, in current operation. Such enterprises which commence after the effective date of the chapter shall be exempt from the requirements of this chapter after five (5) years of operation;
Properties used for the practice of silviculture where a plan approved by the New Jersey Bureau of Forestry is on file with the administrative officer;
Cutting, pruning and removal of trees in public or utility rights-of-way and easements by utility companies and agencies having jurisdictions over the respective utility;
Removal of trees which are dead, dying or diseased or trees which have suffered severe damage. Any tree whose angle of growth makes it a hazard to structure or human life;
Any tree on a single-family lot as previously defined, provided, however, that this exemption shall not apply to any tree removal in conjunction with the construction of a new single home or a substantial addition (more than fifty (50%) percent increase in size) to an existing single-family home; it being understood, however, that under no circumstances may more than twenty-five (25%) percent of the existing tree cover be removed without compliance with the terms of this chapter.
Approved game management practice, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife.
Any trees removed pursuant to either a New Jersey Department of Environmental Protection ("NJDEP") or Environmental Protection Agency ("EPA") approved environmental clean-up or an NJDEP approved woodlands management plan.
Where no trees are being removed, no application need be submitted. A signed and sealed letter from applicant's engineer certifying that no trees are being removed shall suffice.
[1999 Code § 12.16.140]
Notwithstanding any exemption to the replacement requirements of this chapter, an application for the harvest of timber and/or silviculture, shall be based upon and in accordance with the standards and recommendations of the New Jersey State Bureau of Forestry pertaining to the type of tree removal project proposed.
[1999 Code § 12.16.150, A; Ord. No. O.1659-2008§ 3]
For the removal of trees (i) not in conjunction with an application for development of property involving minor or major subdivision or site plan, (ii) where the approval of the Planning Board or Zoning Board of Adjustment is not required, or (iii) on any single-family lot not meeting the exemption criteria under subsection 25-6.1e above, an application for obtaining a tree removal permit in a form to be established shall be submitted in duplicate to the administrative officer providing the following information:
Street address of property with block and lot;
Name of owner of property, name of occupant of premises;
Size of the tract;
List identifying the number of trees by species with a D.B.H. greater than four (4) inches to be removed. For lots one (1) acre or greater the number of trees to be removed as a percentage of total trees on the tract;
Name of person or company to do removal or replacement;
Reason for the removal;
Plot plan at any scale between: one (1) inch equals one (1) foot through one (1) inch equals one hundred (100) feet; showing the location of all trees and the trees to be removed;
Replacement plan in accordance with subsection 25-8.2a1(l) including the location on plot plan where trees will be replaced;
Indicate whether the subject property has been part of a development application submitted to the Planning Board or Zoning Board of Adjustment. If it has, indicate the decision of the respective board and provide a copy of the resolution and plans.
The administrative officer shall review the submitted information and determine what effect the proposed tree removal will have on the subject property. The administrative officer shall forward a copy of the application for obtaining a tree removal permit to the Department of Planning and Engineering who shall certify that the information contained in the application is accurate. If the proposed removal does not violate the below listed criteria, a tree removal permit, in a form to be established, shall be issued by the administrative officer. If the proposed tree removal does violate one of the below listed criteria, the matter shall be referred to the review board which had or would have jurisdiction in accordance with subsection 25-8.2.
The administrative officer shall have forty-five (45) days to deem an application for tree removal permit complete. Once the application is deemed complete, the administrative officer shall have forty-five (45) days to render a decision of approval or denial, as otherwise set forth in the Municipal Land Use Law.
A tree removal permit issued by the administrative officer under this subsection shall be valid for one (1) year from the date of issuance. It shall be displayed or available for inspection at the site where tree removal and replacements are to take place. Any person may examine an application for tree removal permit on file with the administrative officer upon request made in writing or in person to that officer.
Tree Removal Criteria.
The tree removed is not located within a buffer area as required by the zoning ordinance for the zoning district in which the property in question is located;
The tree to be removed is not located within a tree save area or buffer area as delineated and/or specified on a previously approved site plan or subdivision plan for the property in question;
The tree to be removed was not required to be planted by a previously approved application and/or landscape plan to provide screening or buffering for a building or structure located on the property in question or on an adjacent parcel of land.
[1999 Code § 12.16.150, B; Ord. No. O.1659-2008§ 4]
For the removal of trees in conjunction with an application for development of property as either a minor or major subdivision or site plan, or in any other form of development where the approval of the Planning Board or Board of Adjustment will be required, the applicant shall submit to the Board simultaneously with the application for approval of such development in a form and manner which complies with the Township Land Use Regulations, Chapter XXXVIII;
A tree replacement plan consisting of a map having a scale of one (1) inch equals fifty (50) feet or less showing the location of existing wooded areas and clearly marked boundaries of the plots used to determine the average wooded acre for the site. The map shall be prepared by a professional licensed in the State of New Jersey and authorized pursuant to law to submit such plans. The map or site plan shall also show:
Location of streams and watercourses;
Locations of slopes greater than ten (10%) percent where any tree removal is proposed;
Total acreage of the tract;
Locations on the tract where tree removal is to take place;
The location of each 0.1 acre plot used to determine the average wooded acre as defined above;
For each plot inventoried to determine the average wooded acre, the application shall provide a list identifying the species of tree, the number of trees of each species and the side of each individual tree in that plot;
The total number by species of existing trees with a D.B.H. of four (4) inches or greater on the tract;
The total number by species of trees with a D.B.H. of four (4) inches or greater, which are to be removed;
For tracts greater than two (2) acres, the applicant may make an estimate of the total quantity of trees by species, based upon the inventory of one-tenth (0.1) acre plots. For tracts less than two (2) acres or where less than two (2) acres are proposed to be cleared, the number and species of trees to be removed shall be based on actual count;
All trees with a D.B.H. of sixteen (16) inches or greater shall be specifically identified by location on the map and listed on a separate schedule showing species and common name and size. All efforts shall be made to preserve such trees, including, if necessary, relocation of infrastructure, roadways and buildings.
A specific replacement plan for the replanting of removed trees in accordance with Section 25-9;
Where individual lots are to be created by the application, individual plot plans shall be prepared showing the location of trees to be removed and replaced.
The Planning Board or the Zoning Board shall forward the proposed tree removal plan to the Department of Planning and Engineering for review and comment. The Department of Planning and Engineering shall certify that the plan is accurate and so advise the Planning Board or Zoning Board. The tree removal and replacement plan shall also be submitted to the Environmental Commission for its comments and recommendations.
A copy of the signed resolution of approval and a copy of the fully executed site plan or subdivision indicating all conditions of approval have been met shall be submitted to the administrative officer before a tree removal permit shall be issued.
The tree removal permit issued by the administrative officer shall be valid so long as the approved application is valid. The removal or damage to trees not approved for removal shall be considered a violation of this chapter.
Any substantial change in a tree removal and replacement plan shall necessitate the submission of a revised plan to the appropriate board for review.
The tree removal permit issued by the administrative officer shall be displayed or be available for inspection at the site where tree removal and replacement is to take place. Failure to display or make available the tree removal permit at the site of removal shall be a violation of this chapter. Any person may examine the application for tree removal permit on file with the administrative officer upon request made in writing or in person to that office. Copies of the application submission shall be made available at the usual charge.
Prior to the issuance of a building permit by the Construction Official, the developer shall designate on all relevant lots, the trees to be retained which designation shall be based upon the tree removal permit.
Prior to the issuance of the certificate of occupancy, the Construction Official shall receive a release from the administrative officer or his or her designee that all trees to be retained and all trees to be replaced under the tree removal permit are in fact in existence and that all debris (slash) generated as a result of these activities has been removed.
[1999 Code § 12.16.160; Ord. No. O.1659-2008§ 5; Ord. No. O.1878-2014]
For all replacement requirements, the following formulas shall apply:
For trees with a D.B.H. equal to or greater than four (4) inches and less than sixteen (16) inches, replacement shall be based upon the percentage of the trees removed as set forth below:
For trees with a D.B.H. equal to or greater than sixteen (16) inches, the removed tree shall be replaced:
The species or type of replacement tree and the mix of replacement tree types (deciduous, coniferous) shall be selected from the species removed from the tract under consideration or from the recommended tree species list.
On parcels to be developed where less than ten (10%) percent of the site is wooded area, in addition to any trees that must be replaced or provided under this chapter, there shall be required the addition of one (1) tree for every one thousand (1,000) square feet of new or reconstructed impervious coverage. Trees incorporated in a landscaping plan or required for rights-of-way may not be credited toward this requirement. The following tree replacement schedule shall apply to all development with new or reconstructed impervious coverage exceeding two hundred thousand (200,000) square feet.
The applicant may provide replacement trees of a caliper size larger than two and a half (2.5) inches and receive tree replacement credit on a tree replacement plan as set forth below:
[1999 Code § 12.16.170]
In addition to the trees required to be replaced by this chapter, there shall be planted one (1) shade tree for every fifty (50) feet of frontage on proposed right-of-way.
Where development includes the construction of off-street parking for ten (10) vehicles or more, shade trees shall be planted around the perimeter of the parking space in accordance with the standard in paragraph a. above.
The types and locations of shade trees to be planted shall be shown in the plans submitted to the Planning Board or Zoning Board of Adjustment in conjunction with the application for development.
[1999 Code § 12.16.180; Ord. No. O.1507-2006§ 3; Ord. No. O.1659-2008§ 6]
All required replacement trees shall be planted on the site from which trees were removed. A waiver from any portion or all of the required-on-site replacement shall be granted by the review board having jurisdiction, if the applicant has adequately demonstrated to the review board that practical physical difficulties associated with the subject property that were not caused by the applicant and/or undue hardship related to the unique conditions of the site from which trees are to be removed preclude strict compliance with this chapter. The comments and recommendations of the review board's professional planner and/or engineer shall be solicited in determining whether the requested waiver is appropriate.
In lieu of replanting trees on the removal site, the applicant shall have the option of planting replacement trees of type(s) selected by the administrative officer from the recommended tree species list at an off-site location chosen by the board having jurisdiction in consultation with the Environmental Commission. Such off-site locations shall be public property and rights-of-way, including, but not limited to public parks, public schools and public buildings.
For those excess trees that cannot be planted on the site, the applicant may make a contribution to be deposited in the Township's tree fund escrow as established by this chapter. The contribution, in lieu of planting of trees, shall be five hundred ($500.00) dollars per tree. Applicants shall demonstrate their ability to plant as many trees on the site as reasonably practicable as determined by the review board's professional planner and/or engineer. After a showing that the applicant can place no additional plantings on the site, the remainder shall be available for contribution in lieu of such plantings, subject to the recommendation of the review board's professional planner and/or engineer.
[1999 Code § 12.16.190; Ord. No. O.1659-2008§ 7]
The applicant shall post a bond covering fifteen (15%) percent of the cost of the tree replacement plan, including all labor costs, prior to the final engineering approval for the release of the performance guarantees, if any. The bond shall be held for two (2) growing seasons after the cessation of construction or land disturbance on the site. Funds shall be used to replace trees which die or are damaged during this two (2)-year growing season period in the event that the applicant fails in his, her or its duty to replace trees. If the Township replaces trees under this provision, all administrative fees to cover the Township's costs including the cost of replacement trees, labor, and materials shall be deducted from any amount of funds to be returned to the applicant. Any unused funds shall be returned to the applicant at the end of the two (2)-year period.
[1999 Code § 12.16.200; Ord. No. O.1507-2006; Ord. No. O.1659-2008§ 8]
There shall be established by this chapter a Township Tree Fund for the purposes set forth in this chapter.
All funds collected as contribution in lieu of replanting trees shall be made out to the "Edison Tree Fund" and deposited into an escrow account clearly designated as the "Edison Tree Fund." Funds so deposited shall be used solely for the following purposes:
Park improvements, including landscape improvements, retaining walls, landscape irrigation systems, park benches, bollards, landscape lighting, site lighting (excluding sport event lighting) pathways and playground equipment; provided, however, that at no time shall more than thirty (30%) percent of the outstanding account balance on an annual basis be utilized for such park improvements; and
The planting of trees or other landscaping in public parks, property surrounding public buildings and rights-of-way.
The Edison Tree Fund shall be administered by the Director of Finance. The Director of Finance shall report (listing by date for the report period) to the Township Council, the Planning Board, and the Environmental Commission, on a quarterly basis, the amount in the Fund as of the end of each quarter, the amount deposited by each development application or other contribution, and all amounts dedicated from the Fund for use for the purposes described in Section 25-13b for that period. Such reports for any period shall be filed with the Township Clerk and made available as a public record to residents who request them in writing pursuant to the Open Public Records Act.
Any and all appropriations from the Edison Tree Fund shall be made by the Township Council of the Township of Edison, upon recommendation and report from the Environmental Commission as to the inventory of locations needing remediation based upon the removal of trees at those locations nearest the site which had generated the funds. The planting of more than ten (10) trees at any one location shall be reviewed and commented upon by the Environmental Commission.
[1999 Code § 12.16.210; Ord. No. O.1659-2008§ 9]
No soil shall be deposited or removed within the drip line or within eight (8) feet, whichever is greater, of any existing tree trunk. No machinery or materials shall be sorted, deposited, cleaned or operated within the drip line or within eight (8) feet, whichever is greater of any existing trunk.
Drip lines of specimen trees and isolated groupings of trees which are to remain on site shall be clearly protected by snow fencing.
The grade of the land located along the drip line shall not be raised or lowered more than six (6) inches unless compensated for by welling or retaining methods and in no event shall the welling or retaining wall methods be less than eight (8) feet from the trunk of the tree.
All debris created during tree removal and replacement shall be removed from the site for disposal before any certificate of occupancy shall be issued.
Where clearing and construction on the site results in accidental removal or severe damage, which will eventually result in earth and removal, of any tree delineated in the replacement plan as remaining on the site, such removed or damaged tree shall be replaced on a one for one basis by trees two and one-half (2.5) inch caliper if the damaged tree is between two and one-half (2.5) and sixteen (16) inches D.B.H. If the damaged tree is greater than sixteen (16) inches D.B.H., replacement shall be as set forth in subsection 25-9.1b.
In general, excavation for planting shall be large enough to accommodate the natural spread of the root system and at least six (6) inches deeper and two (2) feet wider than the ball of earth supplied with the tree. The pit shall be rock free and refilled with seven (7) parts topsoil and one (1) part humus and the parent soil disposed of properly. Hardpan shall be loosened an additional twelve (12) inches from the bottom and side of the pit. Trees shall be adequately fertilized and watered at the time of planting and mulched with three (3) inches of approved mulch immediately after planting.
Trees shall be staked and guyed immediately after planting. A minimum of two (2) stakes shall be driven outside of the excavation of the root ball. Stakes shall be of cedar or oak, eight (8) feet long, no less than two (2) inches in diameter. Trees shall be guyed to the stakes using No. 10 wire covered with rubber hose or equal. The wire shall be attached to the stake in such a manner that it will not slip or come into contact with the tree trunk. The trunk of the tree shall be protected with tree wrap.
[1999 Code § 12.16.220]
[1999 Code § 12.16.230]
Each tree cut, damaged or destroyed in violation of this chapter shall be deemed to be a separate and distinct violation. Any person convicted of violating any of the provisions of this chapter shall be liable to the penalty stated in Chapter I, Section 1-5.
In addition, the Township may institute and maintain a civil suit in chancery for injunctive relief to enforce the provisions of this chapter. The Township may also require the replacement of illegally removed trees with trees of similar species or appropriate contribution for same as set forth in other sections of this chapter.
The Township Council through the Code Enforcement Officer of the Township may revoke a tree removal permit where there has been a false or misleading application or there is noncompliance with the approved tree removal and replacement plan.