[Adopted 11-22-2000 by Ord. No. 2000-38; amended in its entirety 11-12-2002 by Ord. No. 2002-39]
It shall be the purpose of this article to preserve
and protect the environment, aesthetics and rural character of the
Township of Hillsborough by restricting and otherwise controlling
the removal of mature trees throughout all land within the Township.
As used in article, the following terms shall
have the meanings indicated:
Any nursery stock tree with a caliper measurement of 2.5
inches, any flowering or ornamental tree with a caliper measurement
of three inches or greater, any deciduous or coniferous tree of six-inch
caliper or greater or any coniferous tree eight feet or greater in
height.
The diameter of a trunk as measured at a height of four feet
above grade.
To cut off the branches, top or trunk of a tree.
An area of new home construction that includes the portions
of a private residential lot reserved for driveways and the actual
building foot print plus an additional 40 feet beyond the perimeter
of the building footprint and septic field.
To cut off or remove living or dead parts or branches of
a tree.
The plant growth on the ground beneath the canopy, or upper
branches of trees.
A.
The following activities shall be regulated by this
article:
(1)
Removal of more than three trees per calendar year on properties that can be subdivided, multifamily parcels and unimproved lots; provided, however, that on lots eligible to qualify for farmland assessment, three trees per acre on the overall tract may be removed per year without replacement except where those lots are otherwise exempt under the terms and provisions of Subsection B below.
(2)
Removal of any tree on an improved nonresidential
lot. Nonresidential lots shall include, but not be limited to, the
following: commercial retail or wholesale, office, industrial and
warehousing properties.
(3)
Cropping or trimming of trees or other activities
that will adversely affect the life span of the tree.
B.
Exemptions. The following activities are exempt from
the provisions of this article:
(1)
Removal of trees on developed single- and two-family
residential lots that cannot be subdivided, other than removal of
trees that were planted as part of an approved subdivision or municipal
street tree planting program. Trees that were planted as part of an
approved subdivision or as part of a municipal street tree planting
program that have been removed for any reason must be replaced in
a like number and in the approximate location as originally planted.
(2)
Routine maintenance, such as trimming, that
will not adversely affect the lifespan of the tree.
(3)
Removal of trees of any size shown to be dead
or diseased or that are otherwise damaged and a threat to the health,
safety and welfare of the public.
(4)
Selective thinning in conjunction with a management
plan approved by the State Forester.
(5)
On land zoned for and/or used as a Township approved mine or quarry, removal of any tree located on that portion of land used or to be used for the actual extraction of mine or quarry materials or for a function essential to the actual extraction of mine or quarry materials. Upon termination of the mine or quarry operation, a reclamation plan shall be submitted in accordance with Township Code § 188-108E(7).
A.
Planning Board or Board of Adjustment, as the case
may be, approval for tree removal shall be required except where otherwise
exempted herein. In deciding whether to approve an application for
tree removal, the Planning Board or Board of Adjustment, as the case
may be, shall consider the following factors:
(1)
Whether the removal of trees is justified and
is related to an aesthetic and economic improvement of the land that
is in the best interests of the citizens and property owners of the
Township of Hillsborough.
(2)
Whether the design of improvements maximizes
tree preservation. Tree removal on new residential lots shall be restricted
to inside the critical footprint area. Removal of trees outside this
area requires a waiver from Planning Board or Board of Adjustment,
as the case may be.
(3)
Whether the applicant has attempted to preserve
stands of trees and existing understory in logical locations.
(4)
Whether appropriate measures will be taken to
protect remaining trees during the construction period.
(5)
Whether the mitigation or tree replacement plan
is satisfactory.
B.
Mitigation Required. Mitigation for tree removal shall be required in accordance with § 188-164, Mitigation shall be required for the removal of trees on any residentially zoned lot or any non residentially zoned lot in accordance with site plan approval as provided in Subsection A above. However, in no case shall more than up to 20% of all the count of trees on a residential zoned lot or up to 60% of the count of all trees on any nonresidential lot be removed even with mitigation measures.
C.
Tree preservation plan submission requirements. In
addition to the standard development application form, the following
information shall be required for approval for tree removal:
(1)
A rider explaining why each tree is to be removed.
(2)
A tree preservation plan that depicts:
(a)
The location, species and caliper of all trees
to be removed on a surveyed drawing.
(b)
The location, species and caliper of each tree
within the dripline of each tree to be removed.
(c)
The quality, quantity and limits of vegetation
on the remainder of the site and within 200 feet of the property line.
(d)
The location of existing and proposed structures,
including parking areas, detention basins and other stormwater facilities.
(e)
Existing contours and proposed grading.
(f)
Proposed preservation methods of trees to remain.
D.
Variance required. Deviation from the requirements
of this article shall require variance approval in accordance with
N.J.S.A. 40:55D:70(c).
Replacement trees are required for the removal
of any tree as regulated herein.
A.
Number of replacement trees. Replacement shall be required in accordance with the following schedule, and are exclusive of the shade trees required as per § 188-80:
|
Caliper of Removed Tree
|
Number of Replacement Trees
| |
|---|---|---|
|
6 to 12 inches
|
2
| |
|
13 to 24 inches
|
4
| |
|
25+ inches
|
6
|
B.
Replacement species. Trees shall be replaced with
the same species. In the case where the species is known to be disease-prone
or is otherwise not ecologically or aesthetically appropriate, other
species shall be permitted with the approval of the appropriate Board.
C.
Planting standards. All replacement trees shall be
nursery grown, certified and guaranteed and shall have a minimum caliper
of 3.0 inches, or the industry standard equivalent for the species
if ornamental. All trees shall be balled and burlapped and planted
as per Township of Hillsborough standards.
D.
Off-site contribution. If all required replacement
trees cannot be provided on the subject lot(s), an off-site contribution
to the Township of Hillsborough Parks Department of a like number
of trees or cash equivalent to be placed in a dedicated fund to be
used for the purchase of replacement trees by the Township of Hillsborough
or for the purchase of equipment for the Township of Hillsborough
to plant and/or maintain trees which are purchased by the Township
of Hillsborough with these dedicated funds for use on public property
and/or public right-of-way shall be considered by the Planning Board
or Board of Adjustment, as the case may be.
[Amended 2-10-2004 by Ord. No. 2004-02]
E.
Economic hardship waiver. In the case of commercial
development, the Planning Board or the Board of Adjustment, as the
case may be, will reduce the replanting requirement if the commercial
developer can prove mitigation costs more than 1.5% of total site
improvements for a commercial development. This reduction will limit
the mitigation cost to 1.5% of the site improvements. In the case
of residential development, the Planning Board or the Board of Adjustment,
as the case may be, will reduce the replanting requirement if the
residential developer can prove mitigation costs more than 1.5% of
the total site improvements for a residential development. This reduction
will limit the mitigation cost to 1.5% of the site improvements. The
reduction in replanting will be approved at the site plan application
stage. For the purpose of this section, the total site improvement
costs shall include the estimated cost of construction for any proposed
dwelling(s), commercial building(s) and any other structure(s) associated
with the proposed development in addition to those costs normally
associated with site preparation, soil erosion control, paving, utility
work, landscaping and related site improvements.
[Amended 2-10-2004 by Ord. No. 2004-02]
Pruning and removal of trees in utility easements
or rights of way shall be the minimum necessary to protect the property
of the applicable utility company. Pruning shall be performed in a
manner than will serve to improve the shape of the tree and stimulate
growth. The Township Engineer's office shall be informed by the applicable
utility company of the time and location of any tree pruning or removal
activities in rights-of-way or easements.
Violation of the provisions of this article
shall be considered a Class C violation for each tree illegally removed,
and for each day the offense continues without mitigation and application
to the Planning Board or Board of Adjustment, as the case may be.
A mitigation plan is required to be submitted for corrective action
where any violation of the requirements of this article occurs.
