This article shall apply throughout the entire area of Franklin
Township, so as to preserve trees and woodlands from unjustifiable
destruction; to preserve soil from erosion and sedimentation; and
to protect the use and transfer of topsoil, all for the general well-being
of the residents of Franklin Township and neighboring downstream areas.
A.
APPLICANT
APPOINTED OFFICER
CROWN OF A TREE
FARM
FARMER
MANAGEMENT PLAN
NURSERY, GARDEN CENTER, ORCHARD or CHRISTMAS TREE PLANTATION
PERMIT
TOWNSHIP ENGINEER
TREE SPECIALIST
TREE; TREES
WOODED AREA/WOODS
As used in this article, the following terms shall have the meanings
indicated:
A person, partnership, association, organization, company,
firm, corporation, industry, public agency, legal entity, or other
party requesting authorization to remove trees or to engage in land-disturbing
activities.
The Township Engineer or his/her designee.
The upper part of a tree, including the branches and foliage.
A tract of land being used for the production of agricultural
or horticultural produce, as food, fiber, nursery stock, livestock,
poultry, or dairy products, or that has been so used and has not since
been put to other use, including use as woodland as defined herewith.
A person who operates a farm.
A plan for the management of timbered land, developed by
the New Jersey Department of Environmental Protection, Bureau of Forestry,
or similar state or federal agency or the Township Forester if the
Township names one.
Only such land within the municipality actually being used
and managed for horticultural purposes under controlled agricultural
practices.
A license to remove or destroy trees or to engage in a land-disturbing
activity, issued by the officer designated to enforce this article.
The person appointed to that position or one acting for him
and under his authority.
A professional who understands trees and good cultural practices
in their care and management, such as a landscape architect, ornamental
horticulturist, forester, arboriculturist, or other.
Any and all single- and multi-trunked plants having diameters
of four inches or more at heights of three feet above the base of
the trunk or of one or multiple trunks, except flowering dogwood (Cornus
florida), which is to be considered a tree if the diameter is two
inches or more at three feet above the base of the trunk.
Any area that is 10% or more covered by crowns of trees as
trees are defined herein.
B.
The term "shall" in this article always is mandatory and not discretionary;
the word "may" is permissive.
Except as otherwise provided herein, no tree shall be damaged,
removed, or destroyed by cutting, girdling, bulldozing, grading of
land, or otherwise by any person, association, corporation, or public
agency without a tree removal permit first having been obtained as
provided in this article.
Exempted from the provisions of § 222-3 shall be the following:
A.
The clear-cutting of any area of trees in an area of 2,500 square
feet or less located on a tract of land on which an existing single-family
or two-family dwelling has been erected and constitutes the primary
use.
B.
Any tree located on a tract of land already in use by a church, nonprofit
camp, or other public or quasi-public organization, when the removal
of said tree will be for a purpose in landscaping or to facilitate
the program of said church, camp, or organization.
C.
Any tree growing on land actually used and managed as a nursery,
garden center, Christmas tree plantation or orchard.
D.
Any tree to be cut for personal use by the owner as firewood or for
observance of a holiday and any tree to be cut from a farm woodlot
by the farmer for farm use as firewood, posts, fencing or other farm
needs.
E.
Any tree cut or removed in accordance with a management plan developed
by the New Jersey Department of Environmental Protection, Bureau of
Forestry, or other professional forester, and filed with the appointed
officer. Such a management plan could include cutting of trees for
sale as firewood or timber.
F.
Any tree growing on land being used or to be used with Township approval
for quarrying or similar operations.
G.
Any dead, diseased, or other tree with which there is risk to life
or property.
A.
All applications for development shall be accompanied by a tree conservation
plan as required by this section. The tree conservation plan shall
be reviewed and approved by the approving boards as part of the development
application. That portion of the tree conservation plan dealing with
trees located upon Township property or rights-of-way or upon land
to be transferred or dedicated to the Township shall further be reviewed
and approved by the Shade Tree Commission in accordance with guidelines
and best management practices established by the Shade Tree Commission
as provided by this article.
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 Planning Board or Zoning 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 Chapter 112, Land Development, a tree conservation and replacement plan consisting of a map having a scale of one inch equals 50 feet or less showing the location of existing wooded areas and clearly marked boundaries of the sample plot(s) 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 state law to submit such plans. The map or site plan shall also show:
(1)
Location of streams and watercourses;
(2)
Location of slopes greater than 10% where any tree removal is proposed;
(3)
Total acreage of the tract and the total acreage of the wooded area(s)
of the tract (i.e., area within the dripline of existing trees on
site);
(4)
Locations of the tract where tree removal is to take place;
(5)
The location of each one-hundred-foot by one-hundred-foot sample
plot used to determine the average wooded acre as defined above;
(6)
For each sample 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 location of each
individual tree in that plot;
(7)
The total number by species of existing trees with a diameter at
breast height (DBH) of four inches or greater on the tract;
(8)
The total number by species of trees with a DBH of four inches or
greater which are to be removed;
(9)
The number, species and sizes of trees existing on the site shall
be estimated based upon the inventory of one-hundred-foot by one-hundred-foot
sample plots as follows: site with wooded area(s) of less than two
acres; one sample plot; site with wooded area(s) between two and five
acres: two sample plots; and site with wooded area(s) greater than
five acres: three sample plots. The sample plot(s) selected shall
be representative of the wooded area(s) of the site in terms of tree
species, size and density. One or more additional sample plots may
be required if the size and/or nature of the wooded area(s) dictate
the need for additional sample plots;
(10)
All trees with a DBH of 16 inches or greater, significant and historic
trees 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;
(12)
Methods and locations of tree preservation measures to be employed
during construction to ensure the preservation of the wooded areas
and individual trees to be preserved on site. Such methods shall be
consistent with best management practices and, to the maximum degree
practicable, shall exclude disturbance within the dripline of existing
trees to remain.
C.
Where the application only requires a building and zoning permit,
an individual plot plan shall be prepared showing the location of
trees to be removed and replaced. The plan shall be reviewed for approval
by the appointed officer prior to issuance of a tree removal permit.
Compliance with the tree removal permit shall be monitored by the
Township Engineering Department as part of its site development inspection
procedures.
D.
Tree conservation and replacement plans required under § 222-5B shall be reviewed by the Engineering Department and the Department of Planning and Zoning for review and comment to be submitted to the applicable board. Approval of the tree conservation and replacement plan by the applicable board shall constitute a tree removal permit and shall become a condition of that board's approval unless waived by the board (e.g., in the case of a minor subdivision where review by the appointed officer prior to issuance of a building permit would suffice). Compliance with the approved tree conservation and replacement plan shall be monitored by the Township Engineering Department as part of its site development inspection procedures, and no subsequent tree removal permit shall be required. Any contribution in lieu of planting trees permitted under § 222-5.3C shall be a condition of the board's approval and paid prior to sign-off on the plans.
E.
The tree removal permit issued by the appointed officer or by the
board, as applicable, 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 article.
F.
Any substantial change in a tree removal permit shall necessitate
the submission of a revised plan to the board or appointed officer,
as applicable, for review and approval.
H.
Prior to the issuance of a building permit, the developer shall designate
on all relevant lots the trees to be retained, which designation shall
be based upon the tree removal permit.
I.
Prior to the issuance of the certificate of occupancy, the Construction
Official shall receive a release from the appointed officer or his
or her designee that all trees to be retained and all trees to be
replaced under the tree removal permits are in fact in existence and
that all debris (trash) generated as a result of these activities
has been removed.
For all replacement requirements, the following formulas shall
apply:
A.
For trees with a DBH equal to or greater than four inches and less
than 16 inches, replacement shall be based upon the percentage of
the trees removed as set forth below:
|
Percentage of Trees Removed from Entire Development
|
Percentage of Trees to be Replaced with Trees of Minimum
Size 2.5 Inch Caliper
|
|---|---|
|
80% to 100%
|
80%
|
|
60% to 79%
|
60%
|
|
40% to 59%
|
40%
|
|
20% to 39%
|
20%
|
|
Less than 20%
|
10%
|
B.
For trees with a DBH equal to or greater than 16 inches, the removed
tree shall be replaced:
|
Existing Tree to be Removed
(inch caliper)
|
Number of Replacement Trees
(minimum size 2.5 inch caliper)
|
|---|---|
|
Less than 18
|
3
|
|
Less than 21
|
4
|
|
Less than 24
|
5
|
|
Less than 27
|
6
|
|
Less than 29
|
7
|
|
Less than 31
|
8
|
|
Less than 33
|
9
|
|
Less than 35
|
10
|
|
Less than 37
|
11
|
|
Less than 39
|
12
|
|
Less than 40
|
13
|
|
Less than 41
|
14
|
|
41 inches or greater
|
15
|
C.
The species or type of replacement tree, the mix of replacement tree
types and the manner of planting shall be in accordance with the best
practices guidelines established by the Shade Tree Commission and
as approved by the Planning and Zoning Board.
D.
Any trees proposed in the landscaping plan may be credited toward
the number of replacement trees, provided such trees are at least
2.5 inches in caliper in the case of deciduous trees or at least six
feet or greater in height in the case of evergreen or coniferous trees.
A.
The Shade Tree Commission shall, as part of its best practices guidelines,
establish the minimum requirement for trees to be planted along proposed
Township rights-of-way.
B.
There shall be planted that number and type of shade tree required
as specified in the best practices guidelines prepared by the Shade
Tree Commission on proposed rights-of-way.
C.
The types and locations of shade trees to be planted shall be shown
in the plans submitted to the Planning Board and Zoning Board of Adjustment
in conjunction with the application for development or on the plot
plan where the application only requires a building and zoning permit.
A.
Consistent with the intent of this chapter, applicants shall make
all reasonable attempts to maximize tree preservation. To the extent
that tree replacement is necessary, the applicant shall make all reasonable
attempts to provide all required replacement trees on the site from
which trees were removed.
B.
If placement of all replacement trees on the removal site proves
to be impractical, in lieu of replanting trees on the removal site,
the applicant shall have the option of planting replacement trees
of types selected by the Shade Tree Commission from the approved list
of trees as established by it at an off-site location chosen by the
Township in consultation with the Shade Tree 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.
C.
In the alternative, if placement of all replacement trees on the
removal site proves to be impractical, the applicant may make a contribution
to be deposited in the Township Tree Fund as established by this article.
The contribution in lieu of planting of trees shall be $300 per tree
to cover the material and installation costs for those trees. This
rate shall be adjusted annually and based on estimates by the Township
Engineer.
[Amended 1-3-2023 by Ord. No. 4389-22]
A.
There shall be established by this article a Township Tree Fund for
the purposes set forth in this article.
B.
All funds collected as contributions in lieu of replanting shall
be deposited in a dedicated account clearly designated as the Township
Tree Fund. All funds so deposited shall be used solely for the planting
of trees and/or shrubbery in public parks, property surrounding public
buildings and within rights-of-way within the jurisdiction of Franklin
Township or for other such purposes that advance the purpose and authority
of the Township Shade Tree Commission per Township ordinance and N.J.S.A.
40:64-1 et seq., including but not limited to training, public education,
awareness and outreach outlined in the Township's Community Forestry
Management Plan.
C.
The Tree Fund shall be administered by the Township Manager, who
shall report to the Township Council and the Shade Tree Commission
on a quarterly basis detailing the use of the fund.
A.
The Shade Tree Commission shall establish and maintain an official
register of historic and significant trees in Franklin Township. "Historic
trees" are defined as trees linked to an historic time or event. "Significant
trees" are trees which, because of size, species or age, contribute
to the beauty of the Township. Historic and significant trees are
suitable for Township register nomination if they are located on either
public or private land. The property owner upon which the historic
or significant tree is located shall be formally notified by the Shade
Tree Commission of any such designation.
B.
Before any tree designated in accordance with this article as historic
or significant can be removed, the property owners shall obtain a
permit from the Township. At the time of the issuance of the permit,
the issuing authority, as designated by the Township Manager, shall
advise the property owner of any alternatives available to the removal
of the tree. There shall be no fee associated with the issuance of
this permit.
An application for a permit for removal of trees where site
plan and/or subdivision approval or a building permit is not involved
shall be made directly to the appointed officer and shall contain
the name of the applicant, location of the property, a plot plan as
aforesaid, including a statement of what trees would be removed, and
the purpose for which the application is being made, including but
not limited to the following: clearing for agricultural use, harvesting
of timber, fire protection, private parks, scenic improvement, hardship
or danger to adjacent property, removal of trees for growth in other
locations, and installation of utilities or sewer lines after, and
only after, permits for the same have otherwise been obtained.
In determining whether to approve or disapprove an application
pursuant to this article, the following criteria shall be considered
by the appointed officer or board, as applicable:
A.
The appointed officer or board shall inspect or otherwise learn about
the trees which are under consideration and shall similarly check
the soil, drainage, and other pertinent conditions. Said officer or
board shall consider protection of trees to remain on the property
during and after construction and grading and shall consider also
whether the destruction or removal of trees would result in soil erosion,
would impair existing drainage patterns, would adversely affect adjacent
properties by removal of screening or in other ways, or would impair
substantially the aesthetic values of the area. Consideration shall
be given also to preservation of trees of special interest because
of size, species, or historic connection.
B.
In addition, for preservation of trees in the land grading operation,
including lowering, raising, and filling land areas, the following
standards shall be met unless modified in specific cases or in general
by the appointed officer or board, as applicable, with consideration
for tree species and conditions of soil, drainage, slope and other
factors:
(1)
Roots beneath the crown of a tree shall not be bared.
(2)
Root areas of a tree shall not be reduced nearer to the base of the
tree than the area of the crown of the tree.
(3)
The surface beneath a tree shall not be raised with soil or other
material, permanently or temporarily, for more than six inches unless
the tree is welled in and provision is made for the well to drain
to the outer reaches of the crown of the tree or to the natural ground
surface if that is nearer. Design of wells must have approval of the
appointed officer or board. The appointed officer or board, as applicable,
shall have authority to affix reasonable conditions to the grant of
a permit concerning trees.
A.
Applications for tree removal permits involving the issuance of a subdivision, site plan and/or a building permit shall be processed during and by the regular procedures for review of said subdivision, site plan and/or building permit applications in accordance with § 222-5. No building permit shall be issued without the issuance of any permits required under this article.
B.
Applications for tree removal permits not involving the issuance
of subdivision, site plan approval and/or building permits shall be
reviewed by the appointed officer in accordance with this article.
C.
All approved tree removal permits not issued in conjunction with
subdivision, site plan approval and/or building permits shall expire
at the end of six months from the date of issuance unless extended
upon application for an additional six-month period.
The appointed officer may require performance bonds according
to the size and nature of projects to be administered by the Township
according to this article for preservation of trees, control of erosion
and sedimentation, and disposal of topsoil.
A.
The Township shall provide for inspection of projects involving preservation
of trees and control of soil erosion, sedimentation, and disposal
of topsoil. To this end, the Township may enter into working agreements
with the Soil Conservation District for sharing in the inspections
of projects certified by the District. All other projects for which
conservation permits are required according to this article shall
be made subject to inspections by the Township at any time. The inspector
shall certify that installation and practices are or are not in compliance
with performance principles and standards prescribed by this article
and with any specific requirements that have been stated as conditions
of approval of the application. With projects for which performance
guaranties have been posted, the applicant shall be required to have
a certified plan and permit on site during construction or other operations
and to show the same to any agency or agent of the Township or the
Soil Conservation District whenever requested to do so.
B.
The appointed officer may issue a stop-operations order if a project
is not being executed in accordance with the certified plan, whether
that plan is one certified and administered by the Soil Conservation
District or one administered wholly by the Township. This provision
is in accordance with Section 9 in the State Soil Erosion and Sediment
Control Act, Chapter 251, P.L. 1975.[1]
[1]
Editor's Note: See N.J.S.A. 4:24-47.
C.
As stated in Section 11 of the State Soil Erosion and Sediment Control
Act,[2] no certificate of occupancy for a building shall be issued
by the Township unless there has been compliance with the provisions
of a certified plan for permanent measures to control soil erosion
and sedimentation in accordance with this article. A formal report
of such compliance must be filed with the municipal agent authorized
to issue certificates of occupancy, and a copy of the report shall
be sent to the Soil Conservation District.
[2]
Editor's Note: See N.J.S.A. 4:24-49.
D.
The Township may, within 30 days after the date of a report of such
compliance, release in whole or in part any performance bond it is
holding, depending upon the Township's assessment of need to withhold
all or a portion of the bond to assure full compliance with requirements
and adequate maintenance of the facilities.
When filing an application for tree removal, the applicant shall
pay a fee according to the following schedule:
A.
For transplanting a tree in a living condition: no fee.
B.
With a building permit, subdivision or site plan approval: no fee
over and above the fee required for the building permit, subdivision
or site plan approval.
C.
Without a building permit, subdivision or site plan approval: $25.
D.
For clearing land of trees: $500 per acre and part thereof.
Whenever any application for a tree removal permit shall be
denied by the appointed officer, the applicant may appeal the denial
to the Franklin Township Manager, who may modify, affirm or reverse
the decision of the appointed officer.
A.
Any person, partnership, association, organization, company, firm, corporation, industry, public agency or utility, legal entity or other party who violates or causes to be violated any of the provisions of this article shall be subject to the penalties contained in Chapter 1, Article II, General Penalty. Each and every day such violation continues shall be considered a separate and distinct violation.
B.
In addition to the penalties prescribed above, the court shall require that restitution be made to the Township by any person who removes a tree in violation of this article in an amount equal to the cost of each tree removed as established in accordance with § 222-5.3C of this article, which shall be deposited in the Township Tree Fund.
Each application for tree removal or land disturbance permit
shall be deemed to be authorization by the applicant for the appointed
officer, the Department of Engineering and Public Works, the Shade
Tree Commission, the Department of Planning and Zoning, the Soil Conservation
District, and the Bureau of Forestry of the state, or a representative
of any one of them, to enter upon the land referred to in the application
for inspections contemplated by this article, for both consideration
of approval and review of operations if approval is granted. If the
applicant is not the owner of the land, said applicant shall furnish
with the application a sworn authorization from the owner for such
entry.
