The short title of this chapter shall be the
"Tree Ordinance," and this chapter shall hereafter be cited or referred
to for purposes of amendment or otherwise by said title.
A.
The Township of Stafford finds that the development
of unimproved or vacant land for the purpose of commercial and residential
development has resulted in indiscriminate and excessive cutting of
trees upon tracts of land and has resulted in creating increased surface
water runoff and soil erosion, thereby increasing municipal costs
to control drainage within the Township. It further finds that such
excessive removal and destruction of trees impairs the proper occupancy
of existing residential areas and impairs the stability and value
of improved and unimproved real property in such areas, with the attendant
deterioration of conditions affecting the health, safety and general
welfare of the inhabitants of the Township, and further finds that
regulations for the indiscriminate removal of trees is within the
police power of the Township.
B.
The intent of this provision is to encourage the preservation
of existing trees and shrubs growing in a natural state in the Township
of Stafford; to regulate the removal of trees and habitat; to protect
the Township's natural environment; to establish the authority for
tree and habitat protection; and to provide penalties for violation
of this chapter.
For the purpose of this chapter, the following
words shall have the meanings indicated:
The distance from the side and rear property lines, beginning
at the front setback line of the lot and running to the rear line,
in the case of the side lines, and for the entire width of the rear
line. For specific buffers, refer to the existing Zoning Ordinance.[1]
A parcel of land upon which a building has been or may be
erected in accordance with the Zoning Ordinance.
Three or more deciduous trees with a caliper of 3.5 inches
located not more than 10 feet apart.
Only such land within the municipality used for horticultural
purposes under controlled agricultural conditions.
A license issued by the Zoning Officer to remove or destroy
trees from any unimproved or vacant land as defined in this chapter.
A woody plant that is never tree-like in habit and produces
branches or shoots from or near the base, such as kalmia, rhododendron,
azalea, ilex, viburnum and similar species.
The largest known individual trees of each species in the
State of New Jersey. The New Jersey Department of Environmental Protection,
Bureau of Forestry, maintains a list of such trees, which is incorporated
herein by reference. Any trees which are equal to or larger than said
listed trees; also, any trees so designated by the Stafford Environmental
Commission.
Any living deciduous tree having a trunk of a diameter greater
than three inches (diameter at four feet from ground level), any living
coniferous tree having a trunk of a diameter greater than four inches
(diameter at four feet from ground level) or any living dogwood (cornus
florida) or American holly (ilex opaca) having a diameter of one inch
or greater (diameter at four feet from ground level).
[Amended 12-11-2018 by Ord. No. 2018-31]
The provisions of Chapter 194 shall apply to all lands within the Township which are the subject of a construction permit for a new residence, minor subdivision, major subdivisions or minor or major site plan approval of the Planning Board or Board of Adjustment, with the exception of lands within the jurisdiction of the New Jersey Pinelands Commission.
A.
Permit required. No person, including the property
owner, shall remove or destroy or cause to be removed or destroyed
by any person, any tree on land within the Township unless a permit
is obtained for such removal or unless there is an exemption for the
property under this chapter.
B.
Application fee. A tree removal permit application
must be obtained from, and filed with, the Department of Community
Development and Planning. For new construction of residential building
sites, a filing fee of $25 will be required for each building lot,
or buildable lot, and $25 per acre for nonresidential development.
C.
Application information where no building permit is
requested. An application for a permit for removal or destruction
of any tree or trees where no building permit is requested shall contain
the name of the applicant, the name of the owner of the property,
with the consent of the owner if different from the applicant, the
location of trees on a sketch of the property and the reason for the
removal or destruction.
D.
Application information where building permit is sought.
A tree clearing permit shall be required for all work within the right-of-way,
easements and stormwater management areas. A separate permit for each
individual building lot and/or site plan shall also be required. Under
no circumstances shall clearing for individual lots occur until all
right-of-way, easements, stormwater management areas clearing has
been completed and an individual lot clearing permit, including a
building specific tree clearing plan has been submitted to and approved
by the Department of Community Development and Planning.
Where an application is made in connection with
the construction of a building or other improvements, no building
permit shall be issued until the tree removal permit has been granted.
A.
New development. If the application is for a new development
(subdivision or site plans), trees may be removed as permitted by
this chapter for the purpose of clearing for roads, utilities, stormwater
management areas, building envelopes and driveways, provided a performance
guarantee is posted pursuant to N.J.S.A. 40:55D-53, as applicable,
for the trees to be replanted as required by this section.
[Amended 12-11-2018 by Ord. No. 2018-31]
B.
Nonresidential development. All existing nonresidential
development shall be required to obtain a removal permit prior to
any removal of trees.
Where the application is in conjunction with
an application for a subdivision, or site plan approval, a removal
plan shall be submitted and shall include the following:
A.
Total acreage of the tract.
B.
A site plan, on a scale of one inch equals 50 feet
or less, showing the location of existing wooded areas. The site plan
shall include the lot and block numbers, the street address, if assigned,
and a statement of compliance with the requirements of this section.
C.
The location of streams and watercourses.
D.
The location of slopes greater than 10% where any
removal is proposed.
F.
All trees with a DBH of 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.
[Amended 12-11-2018 by Ord. No. 2018-31]
G.
The location of existing and proposed structures,
including parking areas, detention basins and other stormwater facilities.
J.
The following information is required for approval
of tree removal:
K.
Standards for removal.
(1)
The permit shall be granted if there is a finding
by the Township Zoning Officer and/or Township Landscape Architect
or Engineer that the removal and destruction will not impair the growth
and development of remaining trees on the property of the applicant
or adjacent properties and would not cause erosion of soil.
(2)
The Township Zoning Officer and/or Township Landscape
Architect or Engineer shall view the land where the tree or trees
are to be removed, as well as drainage, grade and other physical conditions
existing on the subject or adjoining property, and will consider the
report from the Environmental Commission when issuing a permit.
(3)
Protection of trees.
(a)
No structure, equipment, or movable machinery
shall be permitted to be stored, parked, or operated within the dripline
of any tree which is to be saved, in order not to disturb the soil
and injure the tree, except when the dripline of the tree is within
the fifteen-foot area.
(b)
If the removal or destruction of trees will
impede or hamper the growth and vigor of the remaining trees, removal
will not be permissible unless a stump grinder is utilized.
(c)
No soil material, equipment, temporary buildings,
work areas, fuels, and other construction items shall be placed within
the dripline of trees.
(d)
Trees not subject to removal under the permit
granted shall be fenced or heavily marked with ribbon so as to prevent
injury or removal. The fence installation or ribbon markings must
be approved by the Township Engineer prior to clearing.
(f)
Any tree of historical or environmental significance, or any tree that is significant by reason of its rarity as determined by the Township Engineer, shall not be cut or removed unless the applicant shows substantial evidence as to the necessity of the cutting or removal. The determination as to whether to cut or remove such a tree shall be in the discretion of the Township Engineer. Specimen trees shall be protected in accordance with the provisions of § 130-51.
It is a requirement of this chapter that natural habitat buffer zones shall be preserved as per § 130-50.
The administrative office may revoke a permit
when there has been a false or misleading application or for noncompliance
with an approved replacement plan.
The following shall be exempt from the requirements
of this section.
A.
Commercial nurseries, fruit orchards, and agricultural
uses.
B.
Christmas tree plantations.
C.
Removal of trees which are dead, dying or diseased,
or trees which have suffered severe damage, or any tree or trees whose
angle or growth makes them a hazard to structures or human life.
D.
Any tree growing on or over a public right-of-way,
when removed by the Township or other governing entity that has jurisdiction
over the property upon which the tree is growing.
E.
Township-approved pruning or removal of trees within
the right-of-way by utility companies for maintenance of utility wires
or pipelines.
F.
In Township forest fire hazard areas, for purposes
of fire prevention, trees and shrubs may be cleared around structures
in jeopardy.
G.
Individual single-family lots and individual homeowners
located on a lot 20,000 square feet or less with the following exclusion.
No clearing shall occur within the side yard, rear yard, buffers or
deed-restricted areas, or wetlands and their associated buffers.
