[HISTORY: Adopted by the Township Council of the Township
of Ewing 11-10-2020 by Ord. No. 20-18. Amendments noted where applicable.]
A.
The Township of Ewing has determined that the protection of trees
within the Township is not only desirable, but also essential to the
present and future health, safety and welfare of all citizens. Trees
are valuable contributors to not only the Township's environment
and beauty, but as studies have shown, the local economy as well.
B.
The protection of trees and the tree canopy serves the public interest
because trees provide oxygen, stabilization of soil, prevention of
erosion, shelter for wildlife, conservation of energy by providing
shade, filtering air including carbon, and adds to the beauty of the
Township of Ewing.
C.
The indiscriminate, unmitigated and excess destruction, removal or
cutting of trees causes increased drainage control costs, soil erosion,
siltation of surface waters, flooding, enlarged floodplains, air,
water and noise pollution, wind damage to property, elevated air temperatures
in summer, a reduction in groundwater recharge and soil fertility,
and a reduction in aquatic and terrestrial native wildlife habitats.
D.
Trees have been documented as having a positive impact on property
values and increase the marketability of a community.
E.
Mature trees contribute significantly to the aforementioned positive
attributes through many years of growth and are not readily replaceable.
F.
The singular or cumulative effect of any of the foregoing could adversely
impact the character of the 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 the Township's
residents. Thus, the Township desires to regulate and control the
indiscriminate and excessive cutting of trees within the Township
and to require appropriate tree replacement.
G.
The enforcement of this chapter shall be the duty of the Department
of Economic and Community Development, the Division of Code Enforcement,
and the Division of Planning and Zoning, together with the Department
of Public Works and the Health Department as needed. The standards
and procedures established herein are intended to furnish guidelines
for the Division of Code Enforcement and/or the Division of Planning
and Zoning in connection with the regulating, planting, care and control
of trees in the streets, highways, and public places of the Township,
and tree removal on all lands within the Township.
H.
This chapter 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 management
of forest and trees through the application of sound management practices.
Managing the Township's tree resources is consistent with the
Conservation Element of the Township Master Plan and/or the Township's
Community Forestry Management Plan, which was submitted and approved
pursuant to P.L. 1996, c. 135.
I.
All projects must adhere to the American Standard for Nursery Stock
by the American National Standards Institute (ANSI) upon planting,
removing, and pruning trees in accordance with this ordinance.
J.
This chapter is a valid exercise of the Township's police power
pursuant to N.J.S.A. 40:48-2 and may be cited as the "Ewing Township
Shade Tree Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
The Township of Economic and Community Development Director,
or any designee thereof.
The diameter of a tree as measured by an approved forestry
method or a nursery method, constituting the standard measure of tree
size for trees to be newly planted or removed.
The removal of all standing trees on a lot or portion of
a lot.
The Ewing Township Division of Code Enforcement, including
any designee thereof.
The Ewing Township Environmental Commission.
A tree, most frequently evergreen, which bears cone fruits,
such as junipers and pines.
A tree which has ceased to physiologically function. Dead
trees typically are devoid of leaves and have loose bark.
Tree whose leaves drop off at the end of each growing season.
The diameter of a tree measured 4.5 feet (forestry method)
above ground level, on the downhill side of existing trees. Trees
used for the replacement of existing trees, or proposed in a landscape
plan, shall be measured 12 inches above ground level for trees over
four inches in caliper; the measurement shall be six inches above
ground level for trees up to four-inch caliper (nursery method).
An imaginary limiting line which connects the outermost branches
of an existing tree projected vertically onto the ground in a circular
area which must not be less than six feet from the trunk.
A tree whose foliage remains on the tree throughout the entire
year.
The lot area as provided in this chapter for which tree replacement
shall not be required.
Any tree that has been found to be of notable historic importance
or interest to the Township because of its age, type, size, or historic
association, and which has been so designated by the Township and
therefore constitutes an important community resource. This definition
includes trees determined to be of unique historical value by the
New Jersey Department of Environmental Protection.
Species of tree, including but not limited to those species listed in Attachment 9 to Chapter 215, which is invasive to the Mid-Atlantic Region, grows aggressively, spreads and displaces other plants, and whose introduction causes or is likely to cause economic or environmental harm or harm to human health. Generally, these trees do not require a permit for removal upon notice provided to the Township.
The Ewing Township Planning Board or Zoning Board of Adjustment.
A boundary, marked on a site plan and flagged on a property,
beyond which no machinery can pass, no grading will be performed,
and no vegetation will be cleared; nothing will be disturbed beyond
that boundary.
Any property owned by the Township, including but not limited
to public parks, public schools, public buildings and the surrounding
property, and any lot or right of way for streets, sidewalks, walkways
or municipal utilities except for sanitary sewers and storm sewers
on developed lots. For the purpose of this chapter, a right-of-way
for streets, sidewalks, walkways or municipal utility which is dedicated
for public use on a subdivision plot approved by the Township shall
be deemed to be property owned by the Township, county or state only
upon and after the formal acceptance of such right-of- way by the
same.
A monetary fund established in accordance with the dedication
by rider approval granted by the New Jersey Department of Community
Affairs, to serve as the depository for all moneys which are received
by the Township, either by way of contributions for purposes of preserving
or reforesting trees within the Township and any and all fees and
payments received pursuant to this chapter, including funds collected
as contribution in lieu of tree replacement. This fund shall be separately
maintained by the Township for the purpose of reestablishing and maintaining
tree cover through the Township or for other purposes, in consultation
with the Commission, not inconsistent with the purposes of this chapter.
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.
Trees, shrubs, and all other woody vegetation in public parks
having individual names and areas owned by the Township, or to which
the public has free access as a park.
Any individual, firm, partnership, corporation, company,
association, or other legal entity other than the Township, including
any trustee, receiver, assignee or other similar representative.
The Ewing Township Division of Planning and Zoning, including
any designee thereof.
A nursery-grown certified tree, properly balled and burlapped,
container grown or bare root, and marked with a durable label indicating
genus, species and variety, satisfying the standards established for
nursery stock and installation thereof, set forth by the most recent
publications of the American Association of Nurserymen.
A program that shall provide replacement trees to individual
residents and community groups to be planted on private property,
utilizing funds from the Municipal Tree Planting and Preservation
Fund.
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 Department
of Environmental Protection, New Jersey Forest Service.
A development plan of one or more lots, as defined under § 215-8.
The forest debris remaining after a tree removal operation.
A tree of unique ecological value that constitutes an important
community resource, and which has been so designated by the Township,
including an especially old or large tree of a diameter DPM of 30
inches or greater; a coniferous tree greater than 100 feet in height;
a tree of any size listed as a rare, threatened or endangered species
by the New Jersey Department of Environmental Protection; a dogwood
(Cornus Florida) greater than four inches DPM; a tree of 100 or more
years of age; a tree with foliage of an unusual quality for a tree
of its species; or a tree that occupies a location which confers special
shade tree, fragrance, erosion control, aesthetic, scenic enhancement,
historic, preservation or cultural values to the community.
The edge of an existing or future right-of-way, as defined under § 215-8.
Street trees are shade trees on lands lining both or either
side of all streets, avenues or ways within the Township planted within
the right-of-way or adjacent to the right-of-way on private property
comprising a "complete street" design intention creating uniformity
along the street edge (5 to 10 feet off the sidewalk).
The division of a lot, tract or parcel of land, as defined under § 215-8.
The removal of undesirable, invasive, diseased or damaged
trees so as to cultivate and improve the quality of a tree stand or
the development of remaining trees on a lot.
The severe cutting back of limbs to stubs larger than three
inches in diameter within the tree's crown to such a degree as
to remove the normal canopy and disfigure the tree.
Any deciduous or coniferous species which reaches a mature
height of 12 feet or more and has a DPM of four inches or greater.
In addition to cutting down a tree in its entirety, "removal"
shall include damage inflicted to a tree which will result in its
death, such as damage inflicted to the root system by machinery, storage
of materials and soil compaction, change of natural grade above or
below the root system, excessive pruning or thinning, paving over
the root system, application of poisons or herbicides, and damage
to the bark. Stumps must always be removed, unless circumstances prohibit,
and be disposed of properly and not buried on the property.
A permit to remove trees, issued by the Administrative Officer
after review and approval of an application for removal and replacement
of trees in accordance with the provisions of this chapter.
A plan for replacement of removed trees in accordance with
the provisions of this chapter.
Any person who is a Licensed Tree Expert (LTE) and/or arborist
trained to perform expert tree services including pruning, repairing
or removal, tree establishment, fertilization, consulting, diagnosis,
and treatment of tree problems or diseases, management during site
planning and development, tree assessment and risk management, and
application of pesticides or any other form of tree maintenance.
A large or small group of mixed trees including canopy and
understory with a surrounding shrub and herbaceous layer.
Generally, any deciduous tree of a diameter of six inches
or greater, and/or conifer with a height of 12 feet or greater. However,
trees whose canopies are part of an established street tree network,
and/or; trees recognized/designated as significant within the Conservation
Element of the Township Master Plan based on historical importance,
rarity, centennial or heritage status, and/or; trees whose canopies
are within 25 feet of New Jersey Department of Environmental Protection
("NJDEP") designated Critical Habitat, wetlands, or other environmental
sensitivity, and/or trees that are part of a stand of trees serving
as habitat, and/or; trees whose canopies are greater than 30 feet
in diameter, may also be considered trees of value because of their
environmental benefit.
The Ewing Township Zoning Officer.
A.
The terms and provisions of this chapter shall apply to all public,
private and commercial property owners in the Township or their designates,
including unimproved properties under separate block and lot from
those that may be improved under common ownership and adjacent to
said lot, Township-owned land and public rights-of-way, utility, drainage
and/or conservation easements, wetlands restricted areas, flood plains,
or wetland buffer areas within the Township of Ewing, with the following
exceptions to be verified through a zoning permit:
(1)
Any property upon which no trees are located, as confirmed by a statement
of no tree verification;
(2)
Any tree of less than four inches DPM;
(3)
Parcels of land one acre or less in size, on which a private single-family
dwelling has been erected and occupied, provided that the tree removal
is authorized in writing by the owner of such property and no more
than four trees are removed from said property within a given twelve-month
period not including street trees and/or shade trees planted along
a street edge;
(4)
Any tree or trees planted and grown for commercial purposes on property
used as a commercial nursery, tree farm, garden center, Christmas
tree planation or tree orchard;
(5)
Any tree which is part of a cemetery;
(6)
Parcels of land subject to a forestry management plan approved by
the New Jersey Department of Environmental Protection, New Jersey
Forest Service, or similar state or federal agency;
(7)
Trees which are verified as dead, dying or diseased or trees which
suffered severe damage or any tree or trees whose angle or growth
makes them a hazard to structures or human life. Removal of tree along
the street edge requires verification by a tree professional;
(8)
Trees directed to be removed by the Township, county, state or federal
authority, which are deemed an immediate threat to the health, safety,
or welfare of the general public;
(10)
Approved game management practice and habitat programs as recommended
by the State of New Jersey Department of Environmental Protection,
Division of Fish, Game and Wildlife, National Resource Commission
or similar agency;
(11)
Invasive tree species as defined in the invasive tree species
list; and
(12)
All properties operated as municipal or county golf courses,
and properties operated by state, county, or municipal governments
for parks, recreation or open space.
The Environmental Commission is intended to be a resource to,
and not a replacement for, the authority of the Administrative Officer
under this chapter or the inspection duties and responsibilities of
the Code Enforcement Office. In connection with this chapter, the
Commission may:
A.
Provide advice upon request by to the Code Enforcement Office, Department
of Public Works, Health Department, Planning Board, or Zoning Board.
B.
Inspect trees on municipal land and recommend to the Township action
for their care and treatment and removal when in its opinion removal
is necessary.
C.
Provide reports and/or notification to the Township any known or
reported cases of disease and/or pest infestations, and otherwise
hazardous conditions within the Township, which in its opinion require
action for the protection and preservation of trees and shrubs on
that site and elsewhere in the Township, including private property
for disease and hazards to the general public.
D.
Formulate, review, and/or provide recommendations to the Township,
plans and programs for the planting, care and treatment of trees and
shrubs, including street rights-of-way, walkways, and other easements
and rights-of-way of other entities. Such efforts may be presented
to the Township Planning Board, and upon their acceptance and approval,
and contribute to the official Township of Ewing Master Plan, which
may from time to time facilitate ordinance recommendations consistent
with such plans as allowed for in the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
E.
Develop and distribute to citizens educational information for the
planting, care and maintenance of trees and shrubs through such means
as the Township website, community fest, community kiosks, etc.
F.
Consult with a tree professional (or such person certified within
the Department of Public Works) as needed during the development application
review process. Payment for which shall be taken from the Commission
budget, grant, developer escrow when related to a development application,
and/or any environmental improvement funds the Township wishes to
consider. Payment guidelines must be with the consent of the Township
Administration.
G.
When requested by the Township Council, Mayor, or Planning Board,
may consider, investigate, make findings of fact, and make recommendations
upon any special matter and/or questions coming within the scope of
its expertise.
H.
The Environmental Commission is encouraged to pursue and submit applications
for funding and programs consistent with the objectives set forth
herein with consent of the Township Administration and/or Township
Council as may be required.
A.
Unless specifically excluded herein or otherwise authorized, no person
shall cut or remove, or cause to be cut or removed, any tree or trees
upon any lands in the Township without first having obtained a tree
removal permit in accordance with the provisions of this chapter.
B.
No person shall, unless otherwise authorized:
(1)
Injure, deface, poison or damage any healthy, noninvasive tree;
(2)
Excavate around, remove earth or soil from, or cause or allow water
to flow upon the roots of any tree of value in any manner, which may
harmfully affect such tree;
(3)
Place any material, temporary soil deposit, large machinery or equipment
within the drip line of any trees determined or required to be left
standing and no paving of any impervious nature shall be placed within
the drip-line of any tree. Compaction of the ground by mechanical
or vehicular means is prohibited. A protection barrier must be installed
to protect all trees to be saved, or in the case of groups of trees,
a tree protection zone must be established (See detail sheet in the
landscape section of Township Land Development Ordinances);[1]
(4)
Use any tree or trees for roping, cabling, signs, or fencing. Nails
and other fastening devices shall not be driven into or attached to
a tree.
(5)
Fell, push or pull into a tree protection area any trees being removed
under the allowances of this chapter.
(6)
Top any street tree, park tree or other tree on public property.
(a)
Trees severely damaged by storms or other causes or certain
trees under utility wires or other obstructions where other pruning
practices are impractical may be exempt from this chapter at the discretion
of the Administrative Officer in consultation with the Commission.
(b)
If an obstructive tree cannot be corrected without "topping"
it should be removed and stump ground (removed if diseased) and replaced
with a more appropriate species of tree. Utilize ANSI A300 standards
for pruning.
(7)
Plant trees on municipal land, open space property and public rights-of-way
within the Township.
(8)
Plant trees within 10 feet of the street line.
C.
Specimen and historic trees. In no case shall any trees which have
been designated as specimen or historic under the provisions of this
chapter be cut or removed, or caused to be cut or removed, from any
location within the Township, unless otherwise approved.
D.
Timber and silviculture. Plans for the harvesting of timber and or
silviculture shall be in accordance with the standards and recommendations
of the New Jersey Department of Environmental Protection, New Jersey
Forest Service.
A.
For the removal of trees not in conjunction with an application for
development of property involving minor or major subdivision or site
plan, or in any other form of development where the approval of the
Land Use Board is not required, an application in a form to be established
shall be submitted in duplicate to the Administrative Officer with
the application fee and providing the following information:
(1)
Required information:
(a)
Street address of property with block and lot identified;
(b)
Name of owner of property, phone number and name of occupant
of premises and phone number, if applicable;
(c)
Total acreage of the tract;
(d)
Location of all proposed trees having a DPM of four inches or
greater to be cut, removed or damaged in such a way as to cause a
need for their removal, noting each tree by its species, size and
general health condition;
(e)
The applicant shall identify the land upon which the tree(s)
are located, preferably on a survey, plot plan, or hand drawing to
scale; and
(f)
Reason for the removal, including a description of the type
of tree removal.
(g)
Identification of any tree professional involved in the project.
(2)
Where an application is made in connection with the construction
of a building or other improvement, a Zoning Permit and a tree removal
permit must be issued prior to the clearing of trees and the construction
of a new dwelling. No building permit shall be issued until the tree
removal permit has been granted.
(3)
Upon receipt of the application for tree removal permit, the Administrative
Officer, in conjunction with the Commission and the Township Planner,
may field inspect the lot to determine if the removal, clearing or
relocation of the trees does not violate the below- listed criteria:
(a)
The tree(s) to be removed is not located within a conservation
area, environmentally sensitive area, wetland area or buffer area
designated by state, county or Township ordinance, or as delineated
and/or specified on a previously approved site plan or subdivision
plan for the property in question.
(b)
The tree(s) 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.
(c)
An increase of surface water runoff.
(d)
Soil instability and erosion.
(e)
A negative impact on the adjacent properties.
(f)
Removal or disturbance of historic or landmark tree(s).
(4)
The Administrative Officer, in conjunction with the Commission and
the Township Planner, shall also consider the following as a basis
for determining permitted tree removal:
(a)
The impact on existing trees.
(b)
Inherent value of the tree(s) as a specimen or historic tree.
(c)
Inherent value from stands of trees.
(d)
Clearance for proposed road, sight easements, utility rights
of way, or approved driveway right of way.
(e)
Clearance of trees for the construction of a building plus a
twenty-five-foot-wide area surrounding such buildings.
(f)
Clearance of trees for the construction of septic tanks, leaching
fields, sewer plants and other utilities shall be considered if the
plan is approved by the County Health Department or Township Health
Officer.
(g)
Clearance of any dead, dying, diseased, damaged, or infested
tree, or trees whose angle or growth makes them a hazard to structures,
utilities, or human life as verified by the Zoning Official in consultation
if necessary with the Commission or Department of Public Works.
(h)
Grading changes must be noted on all applications.
(5)
A tree removal permit issued by the Administrative Officer under
this subsection shall be valid for one year from the date of issuance.
Any and all permits approved 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. 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.
(6)
If the proposed removal violates one of the listed criteria, the
matter shall be referred to the board which had or would have jurisdiction.
B.
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 Land Use
Board will be required, the applicant shall submit a tree removal
permit application to the Board as part of the proposed construction
development in a form and manner which complies with the Township
Land Use Regulation.
(1)
Landscape plan required. An applicant shall also submit, as required pursuant to § 215-57, a landscape plan prepared by a licensed landscape architect (LLA), horticulturist, or certified professional landscaping designer, and a tree replacement plan prepared by the LLA or a certified forester. The plans shall:
(a)
Identify existing and proposed trees, shrubs, bushes, plant
material, ground cover and natural features.
[1]
Such a plan shall be to scale.
[2]
When existing natural growth is proposed to remain, the applicant
shall include in the plans proposed methods to maintain and protect
the existing trees and growth during and after construction.
[3]
These shall include fences, berms, curbing tree wells and similar
devices.
(b)
Show the locations and genus and species of all individual trees
or groups of trees having a DPM of four inches or more and these trees
shall also be written on a list attached to the plan.
(c)
Show the limits of disturbance.
(d)
Show the areas reserved for the stockpiling of soil and storage
of equipment and temporary fencing, which shall not be within 10 feet
from the dripline of any tree; and
(e)
Show the structures on the property, utility lines, waste lines,
septic fields and storage tanks.
(2)
The Land Use Board shall refer the application to the Commission
for its report and nonbinding recommendations. The Board may rely
on the report and recommendations of the Commission in reaching its
decision to approve the management plan, disapprove the management
plan, or approve the management plan subject to such conditions as
have been recommended by the Commission in accordance with the terms
of this chapter.
(3)
All trees subject to board approval must be recorded by deed within
the subdivision and/or site plan.
A.
Application. The applicant, at the time of filing the application
with the Administrative Officer, the Planning and Zoning Office, and/or
the Land Use Board, shall pay the application fee of $10 for each
new or existing lot. No application shall be considered without payment
of the required fees. An inspection fee of $25 will be applied to
all applications requiring an on- site verification.
B.
Payment in lieu of planting. The required contribution for payment in lieu of planting replacement trees will be in accordance with § 425-9.
C.
Municipal Tree Planting and Preservation Fund.
(1)
The Township shall establish a Municipal Tree Planting and Preservation
Fund, in accordance with the dedication by rider approval granted
by the New Jersey Department of Community Affairs, to serve as the
depository for all moneys which are received by the Township, either
by way of contributions for the purpose of preserving or reforesting
trees within the Township and any and all fees and payments received
pursuant this chapter, including funds collected as contribution in
lieu of replanting.
(2)
The Municipal Tree Planting and Preservation Fund shall be administered
by the Chief Financial Officer, in accordance with applicable local
government finance laws and be used solely for the functions and purposes
established in this chapter. The Chief Financial Officer shall report
to the Business Administrator, the Commission, the Code Enforcement
Office, the Township Council and the Land Use Board, 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 the current and subsequent
quarter, including the total cost, location and size of all plantings
to be paid therefrom.
(3)
Any and all appropriations from the Municipal Tree Planting and Preservation
Fund shall be made by the Business Administrator, upon recommendation
and report from the Commission, the Code Enforcement Office and/or
the Land Use Board.
(4)
Funds deposited in the Tree Planting and Preservation Fund shall
be used by the Township, by the Business Administrator in consultation
with the Administrative Officer to advance environmental programs
such as tree planting, tree maintenance, tree preservation, park development
or landscaping and other comparable projects, including but not limited
to:
(a)
Providing for the caring, pruning and maintenance of trees on
municipal land, open space property and public rights-of-way within
the Township;
(b)
Planting of trees and/or shrubbery on municipal land, open space
property and public rights-of-way within the Township;
(c)
Reforestation and beautification of municipal land, open space
property and public rights-of-way within the Township;
(d)
Preserving or maintaining historic/landmark or specimen trees;
and
(e)
Providing for trees under the Residential Tree Planting Program.
(5)
If the Township does not establish the Municipal Tree Planting and
Preservation Fund, all sections of this chapter providing for contributions
or the payment of penalties to such a fund shall not apply.
A.
Provisions must be made for the removal of stumps and branches from
the property.
B.
Tree removal must include stump grinding to a depth of 18 inches.
C.
Removed trees, trunks and stumps may be processed into chips or mulch
and applied to the site. Removed trees, trunks and stumps that are
diseased shall not be processed into chips or mulch and applied to
the site but disposed of in a manner that does not spread disease
or pests if applicable.
A.
Any tree removed pursuant to this chapter shall be replaced as provided below, unless said tree is located in an exempt area under § 425-3, is dead or fatally diseased as determined by a certified tree expert, is excluded pursuant to Subsection J herein, or tree replacement payment is made pursuant to Subsection J herein:
|
# TO BE REMOVED
|
CALIPER OF TREE REMOVED
|
NUMBER OF REPLACEMENT TREES
B&B or Containerized
|
TREE REPLACEMENT VALUE*
|
|---|---|---|---|
|
1
|
Between 6 to 10 inches
|
1 (2" to 2-1/2")
|
TBD*
|
|
2
|
Between 6 to 10 inches
|
1 (3-1/2" to 4")
|
TBD*
|
|
1
|
Between 10 to 16 inches
|
2 (2" to 2-1/2")
|
TBD*
|
|
1
|
Between 16 to 23 inches
|
2 (3")
|
TBD*
|
|
1
|
Between 23 to 30 inches
|
4 (3-1/2" to 4") or 6 (2" to 2-1/2")
|
TBD*
|
|
1
|
30 inches or greater
|
5 (3-1/2" to 4") or 7 (3-1/2" to 4")
|
TBD*
|
|
*Tree Replacement Value - The value of the in lieu of replacement
fee will be determined by current wholesale values posted annually
by the Township for the current year.
|
|
** All street tree replacements are a 1 for 1 replacement value
and requires coordination with the Landscape Ordinance.
|
B.
In addition to an application for tree removal permit, a tree replacement
plan must be submitted to the Administrative Officer and/or the Land
Use Board. Any tree replacement plan must be compatible with the location's
zoning and land use ordinances, approved site plans or subdivisions,
and with the Township's Master Plan. The tree replacement plan
shall show where the replacement trees will be located and the proposed
planting details and specifications, including a schedule and plan
for watering new plantings to insure their continued growth, shall
be prepared by a licensed landscape architect (LLA), horticulturist,
or certified professional landscaping designer. All bareroot trees
must adhere to known industry standards upon planting - notice to
the Administrative Officer and/or Zoning Officer and verification
of adherence is required.
C.
Replacement tree(s) shall be located on the site in question. If
replacement trees cannot be accommodated on site, then the Administrative
Officer and/or the Land Use Board, shall be notified for approval
and consideration of alternate planting sites such as public property
and rights-of way, parks, schools and public buildings; if no such
site is available, an equivalent cash payment of the value of the
tree shall be placed in the Municipal Tree Planting and Preservation
Fund.
D.
Replacement trees shall have a minimum of two-inch to two-and-one-half-inch
caliper, balled and burlapped, and according to the standards as established
by the latest publication of the American Association of Nurserymen.
One-and-one-fourth-inch bare root and one-and-one-half-inch to two-inch
containerized trees may be utilized as well, but must be checked if
root bound and, if so, remedied before planting upon inspection by
the Administrative Officer, Township Planner, Zoning Officer, Environmental
Commissioner, or Township Engineer. Utilization of Bare Root must
strictly follow industry standards upon planting. Generally bare root
specimens when utilized shall be calculated by multiplying the number
of required two-inch to two-and-one-half-inch trees by 1.5 and the
number of required three-and-one-half-inch to four-inch trees by 2.5.
E.
The genus and species of replacement tree(s) shall be the same as
the species removed, provided the species was appropriate to the location,
unless it is classified as an invasive tree, non-native species, or
prone to diseases and pests; the species of replacement tree(s) must
be approved during tree replacement plan review with the Administrative
Officer and/or Board of jurisdiction, in collaboration with the Commission.
F.
It is of vital importance in the selection of the genus and species
of replacement trees to consider using appropriate species native
to the mid-Atlantic region, and
(1)
The size and shape of the tree at maturity;
(2)
The degree, type and cost of care;
(3)
Possible sidewalk heaving;
(4)
Inter-branching from incorrect spacing;
(5)
Susceptibility to weather, parasites and diseases;
(6)
Effects on pedestrians, vehicles, structures and aesthetics;
(7)
Safety and repairs over the lifetime of the tree;
(8)
Presence or absence of overhead utility wires; and
(9)
Contribution of the trees based on the ecosystem.
G.
Large-growing conifers (Abies, Picea, Pinus) may be substituted for
the above-required deciduous trees at a ratio of three conifers for
every one deciduous tree required. No more than 40% of the required
plantings, however, may be conifers due to their reduced environmental
contributions. Conifers must be a minimum of five feet at time of
planting. Conifer genus, species, and number must be approved by the
Administrative Officer and/or Township Engineer.
H.
Replacement trees must be warranted by the nursery supplier for one
year after installation.
I.
When all replacement trees are planted a final inspection by the
Administrative Officer shall be requested; successful passing of the
final inspection is a prerequisite for the issuance of a certificate
of occupancy.
K.
When a site cannot reasonably accommodate the requirements set forth in this chapter and § 215-57, or the number of trees to be removed is greater than the number of trees to be replaced under the landscaping and tree replacement plan due to limited available planting area, the applicant shall make a contribution to be deposited into the Tree Planting and Preservation Fund, as established herein. The contribution in lieu of planting or preserving trees shall be $300 per tree, representing the entire cost of establishing a new tree including materials and labor necessary to plant and maintain the tree for two years. The contribution amount will be reviewed annually and, if necessary, adjusted to reflect current costs.
A.
There is hereby established the Residential Tree Planting Program,
which shall provide replacement trees to individuals and community
groups to be planted on private property.
B.
Applications to the Residential Tree Planting Program are limited
to property owners planting trees on private property. Those eligible
to apply for and receive trees include:
C.
Applications will be accepted and approved on a first-come, first-served
basis, and subject to the availability of funds and trees. Applications
are limited to one tree per property. All properties for which applications
have been submitted are subject to a site evaluation by the Administrative
Officer or the Township Engineer, to determine whether the property
is conducive to new tree planting and growth.
D.
Trees will be delivered to a resident's property in a container.
All of the species shall be native trees sourced from within New Jersey.
Trees will generally be two inches in caliper size, and seven feet
in height.
E.
Once delivered, the tree shall be the sole responsibility of the
property owner. The property owner shall be responsible for maintaining
and caring for the tree, including watering or feeding, trimming,
pruning and spraying, and removal of the tree in the event of its
death.
Nothing contained in this section shall be deemed to impose
any liability upon the Township, its officers or employees, or members
of the Land Use Board or Commission, nor to relieve the owner of any
property from the duty to keep any tree, shrub or plant on Township-owned
land areas on his property or under his control, including the public
right-of-way, utility, drainage and/or conservation easements, wetlands
restricted areas, floodplains, or wetland buffer in such condition
or to prevent it from constituting a hazard or an impediment to travel
or vision upon any street, park, playground, alley or public place
within the Township.
Penalties for noncompliance with these will be subject to fines and violations as detailed in the Township General Ordinances § 1-17, General provisions.
