[Adopted 4-13-2005 by Ord. No. 2005-09]
A Tree Escrow Fund shall be established by the
Township to receive and disburse replacement tree contributions under
the supervision of the Township Treasurer. Appropriations from the
Tree Escrow Fund shall be authorized by the Township Committee, with
the advice of the Shade Tree Committee, in a manner consistent with
general Township tree planning goals. This fund shall be separate
and apart from the Shade Tree Fund. Proceeds from this fund will be
used solely to plant trees as replacements for trees removed as set
forth hereinafter, but the location of these trees will not be restricted
in any way by the location of the trees removed that provided the
funds.
A.
Any tree removed pursuant to this chapter, unless exempt by § 222-27 herein, shall be replaced based on the following:
|
Trees to be Removed
(DBH in inches)
|
Replacement Number of Trees
|
Replacement Caliper
(DBH in inches)
|
Alternative Dollar Amount Set-off
|
|---|---|---|---|
|
Greater than 4 and up to 12 (to replace a single
tree)
|
1
|
2 to 2 1/2
|
$240
|
|
Greater than 4 and up to 12 (to replace two
trees)
|
1
|
3 1/2 to 4
|
$480
|
|
Greater than 12 and up to 18 (each)
|
2
|
2 to 2 1/2
|
$480
|
|
Greater than 18 and up to 24 (each)
|
2
|
3 minimum
|
$840
|
|
Greater than 24 (each)
|
4
|
3 minimum
|
$1,680
|
B.
The applicant will receive a one-for-one replacement
tree credit should stands of 10 or more trees with greater than four-inch
diameter breast height (DBH) be preserved within the limit of disturbance
line.
C.
All replacement trees shall be planted on site in
accordance with the foregoing. However, if one or more of the following
conditions exist, some or all of the replacement trees may be planted
off site:
(1)
The site in question cannot physically accommodate
the total replacement amount of trees, and the applicant contributes
an amount equal to the calculated monetary value of the unreplaced
trees to the Tree Escrow Fund;
(2)
The Township's Forester/Arborist and applicant agree
in writing that the applicant shall make payment to the Tree Escrow
Fund based upon the above chart; or
(3)
The Township's Forester/Arborist and applicant agree
in writing that the applicant shall plant replacement trees off site
on municipally owned property pursuant to the municipal tree planting
plan.
A.
Existing developed property. If the application is
on behalf of an existing developed property not exempt from the provisions
of this chapter, and it is disclosed that the total number of trees,
other than specimen trees, to be removed or destroyed on the property
which is the subject of the application is 10 or less, the permit
shall be issued without replacement trees required. Within any one-year
period, permits may be used for removal of a total of no more than
10 trees on the same property without replacement trees being required.
B.
Other exemptions.
(1)
If the application is for a development for which
a subdivision application is required under the New Jersey Municipal
Land Use Law or for which a building permit to construct a new single
or two-family dwelling on an individual lot is required, up to 50%
of the trees on an individual lot may be removed for the purpose of
clearing for the proposed building, driveway(s) and usable yard space
on the building lot(s) only without replacement trees being required,
provided that said clearing may not exceed 20,000 square feet of contiguous
space, measured in reasonable configuration to the proposed structures
and driveway(s).
(2)
If the application is for a development for which site plan approval is required under the New Jersey Municipal Land Use Law, all tree removal shall be controlled by the provisions of Chapter 95, Article X, of the Manalapan Township Code, except that replacement trees will still be required when not inconsistent with the provisions of said article and/or the New Jersey Municipal Land Use Law.
(3)
Any tree removed from an area of property to be dedicated
as public improvement, e.g., drainage facilities and public roadways,
shall be exempt from the replacement provisions of this chapter, except
that where private roadways, parking areas or open spaces are proposed,
all trees are subject to replacement in accordance with this chapter.
C.
Other criteria.
(1)
The Township Forester/Arborist shall approve the removal
of a tree, except a specimen tree, without requiring replacement trees
or payment into the tree escrow fund, if the following criteria apply:
(a)
The tree is located on a parcel for which preliminary
or final subdivision or site plan approval was obtained prior to the
adoption of this article and it cannot be relocated on the site because
of its age, type or size; or
(b)
The tree is dead, diseased, injured (except
if the injury occurred after the passage of this article and by actions
of the developer or those working for or in concert with the developer),
in danger of falling, interferes with existing utility services, creates
an unsafe condition, or its continued presence conflicts with any
other ordinances of this Township or state or county regulations or
statutes.
(2)
No specimen tree shall be removed unless the Township
Forester/Arborist has obtained the approval of the Township Committee.
The requirements of this article shall be enforced
by the Township Forester/Arborist, except as otherwise provided in
this article. The failure to replace trees in accordance with this
article or otherwise provide replacement value as set forth herein
shall be deemed a failure to provide a public improvement for purposes
of bond guarantees.
