[HISTORY: Adopted by the Township Committee
of the Township of Delanco 5-6-2019 by Ord. No. 2019-8.[1] Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
following meanings:
The process by which decisions of the Delanco Shade Tree
Commission are reviewed and resolved when a person requesting action
with respect to a Township tree wishes to dispute the decision.
The Shade Tree Commission of the Township of Delanco including
any of its agents, employees and duly appointed members. Also referred
to herein as the DSTC.
Collectively, all the trees in or upon public lands within
the Township of Delanco.
The Community Forestry Management Plan prepared from time
to time by the Delanco Shade Tree Commission for the benefit of the
municipality, and as approved by the State of New Jersey, in keeping
with the Community Forestry Program of the State of New Jersey.
A program supervised by the Community Forestry Program of
the State of New Jersey providing for a plan with specific practices
recommended to be carried out by each local community to best manage
the Community Forest. The CSIP practices are training; community forestry
ordinance establishment; public education and awareness; Arbor Day
activities; tree inventory; hazard tree assessment; storm damage assessment;
tree maintenance and removal insect and disease management; wildfire
protection; tree planting; tree recycling; sidewalk maintenance program;
stormwater management.
Measurement of the thickness of the tree trunk at a point
on the tree 54 inches from ground level.
Tree drip line, the area defined by the outermost circumference
of a tree canopy where water drips from and onto the ground.
The Shade Tree Commission of the Township of Delanco.
A device placed on or about a tree with the purpose of preventing
injury to such tree.
A Township tree that has structural defects in the roots,
stem or branches and which may cause the tree or part of the tree
to fail, and where such failure may cause property damage or personal
injury. Risk levels are assessed at low, medium, or high in accordance
with the USDA publication #NA-TP-03-03 entitled "Urban Tree Risk management."
Any Township tree with a DBH of at least 36 inches; or of
a particular historical significance as recommended by the HB and
specifically designated by official action of the Township Committee
or the DSTC; or over 50 years of age.
Group of Delanco residents appointed by the Delanco Township Committee per chapter 29 of the Delanco Municipal Code.
[1]The Joint Land Use Board of the Township of Delanco.
Any person engaged in the business of landscaping as a primary
occupation.
Tree species attaining a height of more than 50 feet at maturity.
Tree species attaining a height of 25 feet to 50 feet at
maturity.
Duly appointed members of the DSTC.
Any individual, association or individuals, partnership,
corporation, developer, or entity other than the municipality.
Any tree, as hereinafter defined, which is situated in land
other than municipal land. Tree situation is evidenced by 50% or more
of the root collar or base of the trunk at the entry point to the
ground being upon private land, regardless of the location of the
crown, roots, tilt of the trunk, or other part of the tree in relation
to the property line.
The public property in the Township of Delanco, which excludes
private property, and is the jurisdiction of the Municipality, and
is inclusive of all land in and along any street up to the private
property lines as shown on the tax map of the Township of Delanco.
A mechanical barrier that is designed to redirect tree roots
down and away from hardscapes when installed in accordance with the
manufacturer's specifications.
Trees species attaining a height of less than 25 feet at
maturity.
Any Township tree, which, by singular nature, species, condition,
size, or location, imparts particular value to a property or landscape
specifically designated by the Township Committee or the DSTC.
Any road, avenue, street, or highway in the Township dedicated
to the public use.
The Governing Body (Township Committee) of the Township of
Delanco.
An individual whose duties are to assist the DSTC in carrying
out their responsibilities under this chapter.
Any tree, as hereinafter defined, which is situated in or
along any, public right of way, easement or encumbrance. Tree situation
is evidenced by 50% or more of the root collar or base of the trunk
at the entry point to the ground being upon Township land, regardless
of the location of the crown, roots, tilt of the trunk, or other part
of the tree in relation to the property line.
Any living woody, deciduous or coniferous species, of any
age after germination, which at maturity is expected to have a circumference
of more than 10 inches, or three inches diameter, measured at DBH.
Any species not qualifying as a tree under this definition shall not
fall within the purview of this chapter.
A permanent enclosure used to protect the trunk of a Township
tree from injury.
A permit issued on behalf of the Delanco Shade Tree Commission,
for the planting, maintenance or removal of a Township tree or trees.
A specially prepared area of land, which is surrounded by
paving, curbs, sidewalks, or other impervious surfacing, and with
specific requirements for protection and pedestrian safety.
A requirement to plant new Township trees when Township trees
are removed, or other conditions of this chapter.
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.
A publication by The New Jersey Shade Tree Federation.
A publication of the USDA Forest Service #NA-TP-03-03 of
complete title: "Urban Tree Risk Management: A Community Guide to
Program Design and Implementation."
Public utility, water or sewer utility or cable television
companies entering the Municipality for the purpose of erecting, installing,
moving, removing, altering, or maintaining any structures of fixtures
necessary for the supply of electric, light, heat, water, sewage disposal
or power, communication, or cable television, cellular communications,
or internet services.
[1]
Editor's Note: This Board, formerly Historic Preservation
Advisory Board, was renamed 12-21-2020 by Ord. No. 2020-16.
A.
Governing by Community Stewardship Incentive Program (CSIP). The
regulation, planting and care of the Township's trees shall be governed
by the practices developed and expounded by the Community Forestry
Program of the State of New Jersey known as the Community Stewardship
Incentive Program (CSIP) as provided for in this chapter.
B.
Exemptions. The following shall be exempt from the requirements of
this chapter:
(1)
Trees along Burlington County Roads located in the municipality,
under the jurisdiction of one of the following: The Burlington County
Highway Department, Burlington County Bridge Commission, Burlington
County Parks Division and/or their engineers;
(2)
Any living woody, deciduous or coniferous species which does not
qualify as a tree under the definitions of this chapter;
(3)
Utility and cable companies undertaking emergency tree work to restore
service or spot work to prevent interruption of electrical, telephone,
telegraph, cable TV, internet or other wire or cellular services provided
that such utility or cable company has complied with notice provisions;
and
(4)
Delanco Department of Public Works, Township Forester, Delanco Fire
Department or Delanco Construction Department undertaking or directing
emergency or imminent hazard work requiring the removal or altering
a tree which is deemed an immediate risk to the health, safety and/or
welfare of the residents of the Township or their property. The DSTC
shall be notified in writing of such action as soon as practicable.
A.
Adoption of Community Forestry Management Plan (CFMP). The Community
Forestry Management Plan (CFMP) prepared by the Delanco Shade Tree
Commission (DSTC), dated February 2018 is hereby adopted and the policies
and procedures contained therein are incorporated by reference. Including,
by way of example and not limitation, the provisions should follow
CSIP Practices. To the extent there shall be any inconsistencies between
this chapter and the Community Forestry Management Plan, this chapter
shall govern.
B.
Updating the Community Forestry Management Plan. The CFMP shall be periodically updated by the Delanco Shade Tree Commission for submission and approval, upon the timetable established or required by the State of New Jersey, for compliance with the New Jersey Community Forestry Program under the New Jersey Shade Tree and Community Forestry Assistance Act P.L. 1996, Chapter 135, or as amended. A revised CFMP as prepared by the DSTC shall be adopted by the Township prior to submission to the State of New Jersey, subject only to modifications required by the state for approval.
C.
Township expenses: The Township shall bear the cost of following
the Community Forestry Management Program (CFMP) goals as provided
for in the annual municipal budget.
A.
Construction. All persons who shall conduct, or cause to be constructed,
any erection, repair, alteration, construction, or other similar act
near any Township tree, shall use best efforts to protect and preserve
the trees in and about the area of such conduct.
B.
Sewer service mains. The maintenance and repair of all sewer service
lateral lines from private improvements to the point of connection
at the public sewer main are the responsibility of the property owner
to maintain regardless of any negative impact from any Township tree
roots or other Township tree-related problem.
(1)
The Township shall not be responsible for clearance of tree roots,
or replacement of sewer piping, or any other affiliated expense of
sewer service lines.
(2)
In the event that the repair or replacement of the sewer lateral
pipe would destabilize a Township tree and cause it (them) to become
a hazard tree(s), then the property owner must remove and replace
the Township tree(s) at the property owner's expense.
(3)
The replacement tree must comply with the planting requirements of
this chapter.
D.
Prohibited actions. The following practices impacting on Township
trees are prohibited and shall constitute a violation:
(1)
Violation Type 1: Unauthorized removal. Unauthorized removal of a
Township tree.
(2)
Violation Type 2: Vandalism or severe preventable damage:
(a)
Malicious vandalism of any Township tree.
(b)
Cutting, breaking, injuring, disturbing, installing nails or
other metal objects into, or interfering in any material manner with
any Township tree.
(c)
Cutting roots from a Township tree in such a manner to destabilize
the Township tree and cutting any roots from a Township tree without
prior approval of the DSTC or Shade Tree Forester.
(d)
Conducting any excavation without a permit within a four feet
of any Township tree.
(e)
Engaging in any tree topping of a Township tree as defined in
this chapter except where other pruning practices are impracticable
or impossible with respect to Township trees severely damaged or causing
obstructions to wires or cables subject to Cable and utility company
exemption.
(f)
Intentionally spraying any Township tree or near any Township
tree, any chemical which may cause injury or death to said Township
tree, or placing salt, brine, oil, or any other substance which is
or may be injurious to plant growth on the ground, sidewalk or street
area within 30 feet of the Township tree for the purpose of injuring
the tree.
(3)
Violations Type 3: Other:
(a)
Installing mulch more than four inches deep at the base of the
Township tree and in a way that touches the base of the trunk.
(b)
Utilizing motorized trimmers and lawn mowers in such a way to
damage the bark or cambium layer of Township tree.
(c)
Applying soil in excess of six inches deep on top of the soil
at the area under the drip line of a Township tree.
(d)
Removing or damaging any guard or device placed to protect any
Township tree.
(e)
Placing salt or other substances injurious to plant growth in
any street and public place in such a manner that may injure any Township
tree.
(f)
Fastening any rope, wire, sign, or other device to any Township
tree or to any guard about such Township tree.
(g)
Closing or obstructing any open space about the base of any
Township tree which would prevent the access of air, water, and fertilizer
to the roots of such tree.
(h)
Failing to maintain utility lines in the street or public place
and/or maintaining such lines in a manner that does not safeguard
the Township tree against damage and failing to make periodic adjustments
whenever necessary to prevent damage to municipal trees.
(i)
Placing or maintaining in any street or right-of-way, any stone,
wood, cement, asphalt or other sidewalk material or other substance
which may impede the free access of air and water to the roots of
the Township tree, and, where any Township tree is surrounded by pavement
or stone, placement of cement or asphalt or other substance tending
to impede the free access of air and water to the roots of any Township
tree.
(j)
Building fires or stationing any kettle, road roller, fuel oil
dispensing truck, or other engine in any street or public place in
such a manner that the heat, vapors, fuel or fumes may injure the
Township tree.
(5)
Notice of violation procedure:
(a)
A notice for Type 3 violations shall be issued requiring the
violator to desist and comply within seven calendar days, after which
the violator shall be subject to the issuance of a court summons if
the condition remains or continues.
(b)
Second violations of the same type by the same violator shall
result in a court summons immediately issued with no notice required.
(c)
Type 1, 2 and 4 violations shall result in a court summons immediately
issued with no notice required.
E.
Interference with township or commission. It shall be unlawful for
any person to prevent, delay, interfere or impair the Township, the
DSTC, or any of its agents, while engaging in any act to affect the
purpose of this chapter.
A.
Approval required. No person shall plant any tree in any street,
or in the right-of-way, without a permit or written direction from
the DSTC.
(1)
Planting on private land is not governed by or regulated by this
chapter.
(2)
Planting of trees in municipal parks shall be under the jurisdiction of the Delanco Recreation Commission per § 216-4 of the Code.
(3)
The planting of trees in public places or in the right-of-way shall
comply with the provisions of this section.
(4)
The DSTC may waive or modify required planting locations if field
conditions or mitigating circumstances exist. Such waiver or modification
must be in writing.
B.
DSTC approved tree lists. The DSTC shall be guided by the lists of
small, medium, and large trees for planting in the right-of-way in
the Township as shown in the publication "Trees for New Jersey Streets,"
Sixth Revision, 2016, by the New Jersey Shade Tree Federation.
C.
Planting technical criteria and requirements:
(1)
Minimum spacing between trees: The spacing for planting of street
trees shall be in accordance with the three size classes listed under
definitions, as follows:
|
Small Tree
(feet)
|
Medium Tree
(feet)
|
Large Tree
(feet)
| |
|---|---|---|---|
|
Small tree distance to the nearest
|
15
|
15
|
15
|
|
Medium tree distance to the nearest
|
15
|
30
|
30
|
|
Large tree distance to the nearest
|
15
|
30
|
40
|
(2)
Confining elements: The planting distance from curb line and sidewalks
or other paved areas shall be in accordance with the guideline as
published in above referenced publication "trees for New Jersey Streets,"
Sixth Revision 2016 by the New Jersey Shade Tree Federation.
(3)
Distance from utilities: The distance from the center of the tree
to the vertical plane through a utility line, pipe, cable, conduit,
wire or pole, shall be as follows:
|
Small Tree
(feet)
|
Medium Tree
(feet)
|
Large Tree
(feet)
| |
|---|---|---|---|
|
Underground water, gas or sewage mains, or oil fill pipes, or
similar
|
6
|
12
|
16
|
|
Overhead electric, telephone and cable wires or similar.
|
0
|
4
|
4
|
(4)
Tree collar damage prevention: There shall be kept clear of lawn/grass,
vegetation and weeds an area of a minimum of one foot around the base
of newly planted trees. The intent of this section is to prevent injury
to newly planted trees from lawn mowers and trimmers.
(5)
Fire safety: Planting and maintenance of Township trees or other
woody plant material planted after the adoption of this chapter shall
be comply with the following:
(a)
No Township street tree shall be planted, or anticipated to
branch into the right-of-way, within 20 feet of a fire hydrant or
any other Fire Department connection (FDC), stand pipe connections,
or any other water source connection point for Fire Department use
(dry hydrant or draft points).
(b)
Any trees or other woody plant planted next to or near an emergency
right-of-way must be kept trimmed back year round so as not to impede
access for emergency vehicles.
(c)
The area directly in front of any means of ingress or egress
to any dwelling or building which is set back from the edge of the
street less than 15 feet, shall be kept clear of trees and other woody
plants from center point of the doorway 15 feet of either side of
same.
(d)
Any new construction with an emergency exit for emergency equipment,
i.e., fire apparatus, ambulance and/or police vehicles, needs to be
clear of any tree or other woody plants that may impede the flow of
said vehicles.
(6)
Traffic and pedestrian safety: No new Township trees, or other woody
plant material planted as of the adoption of this Code chapter shall
be planted, or anticipated to branch into the right-of-way:
(a)
Within 20 feet of the mid-point of the curb corner at any intersection
and or the current guide lines by the Joint Land Use Board with regards
to sight triangle;
(b)
Within seven feet of a curb cut;
(c)
Within 25 feet of a street light;
(d)
Within 30 feet of a stop sign or traffic light;
(e)
Within six feet of other traffic signs;
(f)
Within five feet of the curb at bus stops, for the full length
of the bus in the stopped position;
(g)
At a location where a roadbed curves, in such a manner that
would block the views of drivers exiting any curb cut;
(h)
At a location where such tree or woody plant material does not
allow a clear three-foot wide pedestrian walkway to be maintained.
(7)
Other planting requirements:
(a)
Tree species must be selected from the "Trees for New Jersey
Streets," Sixth Revision, 2016, by the New Jersey Shade Tree Federation
Lists of small, medium or large trees, and shall be reviewed by the
DSTC on a case by case basis for authorization to plant.
(b)
Multiple trees of the same species may not be planted in immediate
sequence proximity to each other unless there is a specific reason.
The purpose of this is to encourage biodiversity.
(c)
Tree(s) may be planted in a tree pit where there is no grassy
area at the curb line of a sidewalk, where the sidewalk extends to
the curb, provided that the remaining sidewalk is not less than three
feet clear, and provided that the tree pit is paved with a porous
surface, such as cobbles or pavers set in sand, and that the tree
pit is of the following sizes:
|
Tree Size:
|
Minimum Tree Pit Size:
|
|---|---|
|
Small tree
|
3 feet x 4 feet
|
|
Medium tree
|
5 feet x 10 feet
|
|
Large tree
|
10 feet x 10 feet
|
(d)
Root barriers shall be installed between the tree and the sidewalk
to minimize the potential negative impact of growing roots on the
structural integrity of the adjoining sidewalk, unless this requirement
is waived in writing by the DSTC.
(e)
Irrigation pipes and heads shall not be installed or permitted
within the public right-of-way (ROW).
A.
Maintenance of Township trees. The DSTC shall be responsible for
planting, pruning, maintaining and removing Township trees, plants
and shrubs within the Township right-of-way as may be necessary to:
(1)
Insure public safety,
(2)
Preserve or enhance the beauty or symmetry of the public right-of-way,
or
(3)
Effectuate the intent and purpose of this chapter.
(4)
This includes removing or causing to be removed any Township tree
or part thereof in the Township right-of-way which is in an unsafe
condition or which may be injurious to sewers, electric lines, gas
lines, water lines, or public improvements, or which is or may be
infected with any fungus, insect, or pests.
B.
Township forester. There is hereby created the position of Township
Forester whose duties are to assist the DSTC in carrying out their
responsibilities under this chapter.
(1)
This individual, who shall be recommended by the DSTC, shall be appointed
by the Delanco Township Committee who shall set the compensation and
hours, and may be an employee or a contractor;
(2)
The individual shall be a licensed tree expert or a registered consulting
arborist, and shall have a minimum of seven years of experience.
C.
Permits. The DSTC shall set up a process and procedure to authorize
the issuance of permits for certain actions involving Township trees,
including requests by property owners and other persons for Township
trees to be trimmed, removed or have roots cut, to be administered
through the Township Forester or DSTC Secretary on behalf of the DSTC.
(1)
The following actions may be approved by permit issued by the Township
Forester under provisions and guidelines issued by the DSTC, without
prior review and approval by the DSTC for the following:
(3)
Tree permit fees, if determined necessary to fund the costs of the
permit issuance program, shall be set by resolution of the Township
Committee. All such fees shall be paid prior to issuance of the tree
permit in accordance with the Fee Schedule and shall be deposited
into the general fund of the Township.
(4)
Fee schedule: The DSTC shall review and propose to the Township Committee
updates to the Fee Schedule (if any) for tree permits, and/or licensing
at no more than twenty-four-month intervals. Such fees shall not exceed
the maximum amounts allowed by the NJ DEP Community Forestry Program.
(5)
Tree permit revocation: The DSTC, through the Township Forester,
may revoke a tree permit where there has been a false or misleading
representation, or where the certificate of insurance of a landscaper
or tree contractor has been revoked or expired.
D.
Voluntary planting, removal and maintenance expenses: Private property
owners may apply to the DSTC to voluntarily remove, plant or maintain
a tree or trees in the right-of-way abutting the private property
per the permit process provided above.
(1)
Permission shall be granted for planting, provided the planting complies
with this chapter and other policies as approved by the DSTC.
(2)
Permission shall be granted for removals and trimming, provided the
work is done by a licensed and insured tree contractor or landscape
company;
(3)
Voluntary removals, plantings or maintenance costs may be borne by
the property owner at one point in time, but this event does not obligate
the property owner to bear future costs of maintenance or removal.
(4)
No permit or permission is required for the voluntary removal of
tree stumps or stalks of dead trees.
E.
Township projects approved by the Township. In the event that the
Township Engineer has determined that one or more Township tree(s),
must be removed for the benefit of the Township project, the project
plan shall be submitted to the DSTC for their review and approval,
if there is sufficient time to meet necessary deadlines, and must
comply with the following:
(1)
All stumps must also be removed; and
(2)
New tree(s) shall be replanted within the project scope or elsewhere
in the Township on a one for one basis, and in accordance with the
planting requirements of this chapter; and
(3)
The cost of the removal(s) and replanting must be part of the project
cost.
(4)
If there is not sufficient time between the design of the project
and the necessary deadlines for a DSTC review, or during the project
one or more Township tree(s) becomes a hazardous tree due to the project,
then the Township Forester shall be authorized to permit the tree(s)
to be removed without the prior authorization of the DSTC as long
as the above requirements are met.
(5)
Specimen or heritage/liberty trees may not be removed at any time
unless authorized by the DSTC under the procedures in this chapter.
A.
Appeal. Applicants for decisions under this chapter may appeal decisions
of the Shade Tree Professional or the Shade Tree Commission involving
requests for trimming, removal or root cutting of Township trees,
under the following procedure:
(1)
If an applicant wishes to request that the DSTC reconsiders the decision
of the shade tree professional or their decision, the applicant must
submit a request in writing to the DSTC including their reasons and
third-party evidence upon which the appeal will be based. Examples
of third-party evidence are photographs, surveys, authoritative documents,
expert reports or other evidence in support of the request.
(2)
By the date of the DSTC's next scheduled meeting which is at least
30 days following the date of receipt of the written documents to
review the information, the DSTC may respond with a reasonable request
for additional information; acceptance of the applicant's request;
or rejection of the applicant's request with reasons stated. If additional
information is subsequently submitted, then the DSTC shall have until
their next scheduled meeting which is at least 30 days from the date
of submission of the additional information, to either accept or reject
the applicant's request, with reasons stated.
(3)
In the event that the above conditions are met, and the DSTC has
continued to reject the applicant's request, the applicant may appeal
to the Township Committee by presenting to the Township Administrator
the same request and the same information provided to the DSTC. The
Township Administrator shall, within 30 days from the date of the
receipt of the written documents, review the information and may make
a reasonable request for additional information. If all of the additional
information requested is subsequently submitted, the Township Administrator
shall have an additional 30 days to present the request to the Township
Committee who will decide to either accept or reject the applicant's
request, with reasons.
(4)
In the event that the above conditions are met, and the Township
Committee has rejected the applicant's request, then and only then,
will all administrative remedies be considered exhausted, and the
applicant may pursue other legal options.
(5)
The cost of obtaining and submitting any reasonable requested information
shall be at the expense of the applicant regardless of the outcome
of the appeal.
Nothing in this chapter shall be construed to make the Township
or the Delanco Shade Tree Commission nor any member responsible for
the death or injury of any person, or for injury to any property or
tree. Liability for any such death or injury shall be governed by
relevant provisions of the New Jersey Tort Claims Act (N.J.S.A. 59:1-1).
Any person who shall violate any of the provisions of this chapter or who fails to comply with the terms and provisions of this section shall, upon conviction in municipal court thereof, be subject to the penalties set forth in § 1-14 of the Delanco Township Code.
