[HISTORY: Adopted by the Township Council
of the Township of Moorestown 6-10-2002 by Ord. No. 2000-02. Amendments noted
where applicable.]
[1]
Editor's Note: Former Ch. 160, Sump Pump Disconnections, Art. I, Municipal Improvement Projects, adopted 5-23-1988 by Ord. No. 1416, as amended, was recodified as Ch. 155, Streets and Sidewalks, Art. IV, Sump Pump Connections to Stormwater Systems, 12-11-1989 by Ord. No. 1504-89. Former Ch. 160, Sump Pump Disconnections, Art. II, Sale or Transfer of Property, adopted 8-8-1988 by Ord. No. 1419, as amended, was repealed 12-11-1989 by Ord. No. 1504-89.
A.
It is recognized that there is a strong relationship
between Moorestown's quality of life and the integrity of the region's
water quality, air quality, indigenous landscape and aesthetic amenities.
B.
Destruction of Moorestown's existing trees, woodlands,
forests, meadows and other native natural plant associations contributes
to increased soil erosion and sedimentation, increased stormwater
runoff which results in increased costs to control runoff, decreased
water quality, decreased groundwater recharge, increased greenhouse
effects, increased dust and decreased property values. The appropriate
management and use of existing vegetation resources are an important
health, safety and welfare concern as per N.J.S.A. 40:48-2.
[Amended 4-23-2018 by Ord. No. 3-2018]
C.
Therefore, it is the intent of these regulations to
protect and preserve the air, water, indigenous landscape and aesthetic
quality of Moorestown Township by reducing the removal of trees, forests
and woodlands and to restore trees when tree removal is necessary
as part of land development or subdivision.
D.
Specifically it is the intent of the regulations to:
(1)
Reduce soil erosion and protect surface water quality
by minimizing soil and tree root disturbance in existing woodlands,
around tree masses or under individual trees.
(2)
Reduce stormwater runoff, velocity and volume by retaining
woodland and forest areas where stormwater can infiltrate easily.
(3)
Increase groundwater recharge by retaining woodland
areas where stormwater can infiltrate easily.
(4)
Improve air quality by conserving existing trees and
other mature vegetation which produce oxygen and remove carbon dioxide
from the atmosphere.
(5)
Protect wildlife habitat.
(6)
Retain existing trees to provide wind breaks, shade
and other microclimate benefits.
(7)
Retain trees and woodlands that are important to the
history or beauty of Moorestown.
(8)
Preserve and enhance property values by retaining
and properly protecting existing trees.
(9)
Replace trees removed for land development.
(10)
Identify trees for protection and to provide guidance for their
protection and/or replacement.
[Added 4-23-2018 by Ord.
No. 3-2018]
(11)
Preserve and protect all trees within the Township, including
those located within Township-owned properties and rights-of-way.
[Added 4-23-2018 by Ord.
No. 3-2018]
(12)
Clearly set forth prohibited actions, and define penalties for
prohibited actions.
[Added 4-23-2018 by Ord.
No. 3-2018]
(13)
Establish a uniform standard for assessing the replacement costs
for unauthorized removal, damage or destruction by private parties
to trees.
[Added 4-23-2018 by Ord.
No. 3-2018]
(14)
Standardize and simplify procedures for receiving, reviewing,
approving/denying applications to plant, maintain, remove or replace
trees.
[Added 4-23-2018 by Ord.
No. 3-2018]
(15)
Establish a permit fee of $25 for administering permits required
under this chapter.
[Added 4-23-2018 by Ord.
No. 3-2018]
As used in this chapter, the following terms
shall have the meanings indicated:
The portion of a lot or tract which is not specifically excluded from development by any federal, state, county or municipal law or ordinance. For purposes of this chapter, those lands specifically eliminated from consideration as areas of development include, but are not limited to, wetlands as defined by N.J.S.A. 12:9B-1 et seq., and stream corridors as defined in § 180-2. The area of development shall include setback, yard and buffer areas as prescribed in the Subdivision[1] or Zoning Ordinances,[2] wetlands transition areas, and any areas covered by deed
restrictions or covenants.
[Amended 6-24-2002 by Ord. No. 2006-02]
Standard measure of tree size for trees to be newly planted.
The measurement is taken six inches above the ground level for trees
four inches in diameter or less and 12 inches above the ground for
trees over four inches in diameter.
That portion of the tree comprised of branches.
Diameter of a tree measured 4 1/2 feet or 42 inches
(forestry method) above the ground level on the downhill side for
existing trees. Diameter at breast height may appear as the abbreviation
"DBH."
[Amended 4-23-2018 by Ord. No. 3-2018]
A limiting line established on the ground by a series of
perpendicular drop points marking the maximum radius of the crown
of an existing tree, but not less than six feet from the trunk, whichever
is greater.
An industry standard for determining the risk a hazardous
tree presents.
[Added 4-23-2018 by Ord.
No. 3-2018]
To reduce to the smallest extent possible, given the allowed
development. Minimize does not mean to "eliminate" but rather that
the most substantial efforts possible under the circumstances have
been taken to reduce the adverse effect of the proposed action (such
as grading, clearing, building, etc.).
Trees having two or more main stems arising from the roots
or main trunk not more than six inches above the ground level. Measurement
of multistem trees shall be the average DBH of all stems.
A sum paid by a person seeking to plant, maintain, remove
or replace trees to guarantee that said person will perform the work
in accordance with the permit and related documentation.
[Added 4-23-2018 by Ord.
No. 3-2018]
The area surrounding a Township tree, wherein its roots grow;
generally, encompassing the area beneath its crown and such area whose
regulation is necessary and appropriate to the health and maintenance
of the tree.
[Added 4-23-2018 by Ord.
No. 3-2018]
Any tree located on privately owned property as designated
on a map or plan filed with the Burlington County Clerk's office
or on the Official Tax Map of the Township of Moorestown.
[Added 4-23-2018 by Ord.
No. 3-2018]
A nursery-grown certified tree, properly balled, marked with
a durable label indicating genus, species and variety, and satisfying
the standards established for nursery stock and installation thereof,
set forth by the American Association of Nurseryman (AAN).
Healthy trees, as set forth in § 160-6.
[Amended 4-23-2018 by Ord. No. 3-2018]
Slopes 15% or greater.
Lands which are owned by the Township of Moorestown or are
within the right-of-way (ROW) of the Township's streets, highways
(especially the area between the curbing and sidewalk), open space
or under the control of the Township of Moorestown.
[Added 4-23-2018 by Ord.
No. 3-2018]
Any tree situated on Township property or within the right-of-way
as designated on a map or plan filed with the Burlington County Clerk's
office or on the Official Tax Map of the Township of Moorestown.
[Added 4-23-2018 by Ord.
No. 3-2018]
Any self-supporting woody plant which reaches a typical minimum
height of 12 feet or more at maturity with a distinct trunk and crown.
The account for funds collected from an applicant in lieu
of planting replacement trees. This fund has been established by the
Township for administering, protecting, preserving, maintaining and
replacing trees and encouraging best preservation practices as may
be consistent with the Act and Community Stewardship Incentive Program
as outlined in N.J.S.A. 13:1L-17.1.
[Amended 4-23-2018 by Ord. No. 3-2018]
The ground area encompassed to the dripline of trees, tree
masses or woodlands.
The Moorestown Tree Planting and Preservation Committee.
[Added 4-23-2018 by Ord.
No. 3-2018]
A grouping of three or more trees whose canopies intertwine.
The amount paid by a person who removes, damages or destroys a Township tree without approval. (See § 160-6E.)
[Added 4-23-2018 by Ord.
No. 3-2018]
That portion of a stem or stems of a tree before branching.
The point of intersection between the tree roots and the
tree trunk.
[Added 4-23-2018 by Ord.
No. 3-2018]
A plant community dominated by trees and other woody plants
covering at least 10,000 square feet and containing a minimum of 100
trees with at least 50% of those trees having a two-inch DBH or greater.
A.
No significant existing tree in the Township of Moorestown shall be cut or otherwise removed unless done in accordance with the provisions of this chapter. Certain exemptions are allowed under § 160-11 of this chapter.
B.
All subdivisions, site plans and any other land development
shall be laid out in such a manner as to minimize the removal of or
damage to healthy trees, shrubs and significant vegetation either
on or off-site including but not limited to street trees, significant
free-standing trees, tree masses, woodlands and forests.
[Added 4-23-2018 by Ord.
No. 3-2018]
A.
No person, firm or corporation shall do, or cause to be done, any
of the following acts with regard to Township trees without authorization
obtained pursuant to the provisions of this chapter.
(1)
Cut, girdle, climb with spikes, disturb the roots of or otherwise
injure, or remove any living Township tree; or injure, misuse or remove
any structure or device placed to support or protect a Township tree.
(2)
Fasten any rope, wire, electrical attachment, sign or other
device to a Township tree.
(3)
Close or obstruct the preservation area around the base of any
Township tree, including, but not limited to, excessive amounts of
or improperly applied mulch.
(4)
Close or obstruct Township property so as to prevent the planting
of a Township tree if the Township property otherwise would be appropriate
for such planting.
[Added 4-23-2018 by Ord.
No. 3-2018]
In case of emergencies, such as hurricanes, fire, windstorm,
ice storm, flood, freezing temperatures or other disaster, or in the
case of dead or diseased trees that pose an imminent threat to the
safety of persons or property, the requirements of the regulations
set forth in this chapter may be waived by the Department of Public
Works or its designee upon determining that such waiver is necessary
to remove the threat in order to protect public health and safety.
A.
Tree inventory. A tree inventory shall be shown on
the existing conditions or landscape plan according to the following:
(1)
The location, elevation, relative health and species
of all significant trees on site. Within woodland areas, the number
of significant trees may be approximated using the forest density
survey method. This shall be done by a certified tree expert, a N.J.
certified forester or other tree expert acceptable to the Department
of Community Development.
[Amended 6-24-2002 by Ord. No. 2006-02]
(2)
All significant off-site trees, whose dripline is
within 25 feet of proposed construction, shall be inventoried and
shown on the plan. The inventory shall show approximate location,
elevation, species and relative health of each significant tree.
(3)
The extent of the existing tree canopy area from individual
trees, tree masses and woodlands on-site, and the approximate extent
of the existing tree canopy from individual trees, tree masses and
woodlands within 25 feet of proposed construction off-site, shall
be shown.
(4)
Existing trees, tree masses and woodland areas shall
be designated either to remain or to be removed on the landscape plan
and soil erosion control plan.
[Amended 6-24-2002 by Ord. No. 2006-02
B.
Minimize removal of existing trees.
[Amended 6-24-2002 by Ord. No. 2006-02]
(1)
It shall be incumbent on the applicant to prove that
removal of existing significant trees is minimized given the allowed
development. If challenged by the Department of Public Works or its
designee, the professional landscape architect, the applicant shall
produce evidence such as testimony, written documents or plans certified
by a landscape architect, arborist, or other qualified professional
showing that no reasonable alternative layouts are possible and that
no reasonable alternative clearing or grading plan would reduce the
loss of significant trees given the proposed development.
[Amended 4-23-2018 by Ord. No. 3-2018]
(2)
No more than 60% of the overall existing tree canopy
area in the area of development, as defined herein, shall be removed.
Existing tree canopy comprised of the 40% minimum canopy area to be
retained, plus any significant trees that may be in addition to the
40% minimum canopy area, shall be noted for preservation. The predevelopment
and post development tree canopy areas shall be noted on the landscape
plan.
(3)
In addition, no more than 10% of the significant existing
trees, as defined herein, within the area of development shall be
removed unless the applicant shall replace trees in accordance with
Table 1[1] herein. A schedule showing the quantities of significant
existing trees to be removed and replacement trees shall be shown
on the landscape plan. For wooded areas, tree replacement will be
based on the forest survey projection of average trees per acre.
(4)
Any tree, tree mass, woodland area, or other plants
may be considered to remain only if either of the following criteria
are met:
(a)
The tree, tree mass, woodland area or other
plants designated to remain appear in relative good health, the driplines
are at least one foot from any proposed grading, construction of any
kind, including installation of utilities, and the plant(s) do not
obstruct any sight triangles, and do not by their apparent health,
natural habit or location pose an undue threat to the general health,
safety or welfare of the community; or
(b)
Within the drip line area or within one foot
of the dripline, grading and installation of utilities, driveways,
parking areas and sidewalks may occur, provided that the applicant's
landscape architect, arborist, engineer or other qualified professional
provides testimony and/or a drawing that by using innovative techniques
the existing tree, tree mass, or woodland area proposed to remain
will not be severely injured by the proposed development.
A.
Vegetation designated to remain shall be protected
by a temporary fence at least four feet in height, such as a wooden
snow fence or orange construction fence.
B.
The location of this fence shall be shown on the soil
erosion control plan, demolition plan (if applicable), grading plan
and the landscape plan.
C.
The fence shall be placed a minimum of one foot outside
the dripline of the protected vegetation, or closer if Subsection
B(4)(b) above is applicable, but no closer than six feet to the trunk.
Chain link fencing may be required for vegetation protection if warranted
by site conditions and/or rarity of the vegetation.
D.
If a tree or area of existing vegetation is proposed
to remain and is within the limit of disturbance, then the fence shall
completely encircle the tree or vegetation.
E.
If the tree or area of existing vegetation is proposed
to remain and is beyond the limit of disturbance, then the fence shall
be placed between the vegetation and the construction.
F.
A detail of the fence shall be shown on the plan labeling
materials, sizes, and placement. The detail shall note that there
shall be no construction, grading, trenching, storing or stockpiling
of materials, dumping, vehicular traffic or parking of any kind within
the fenced area.
G.
The fence shall be erected prior to major clearing
or construction and shall remain in place until construction is complete.
This shall be noted in the construction sequence of the soil erosion
control plan. The fence shall be placed to prevent construction, grading,
trenching, storing or stockpiling of materials, dumping, vehicular
traffic or parking of any kind within the fenced area. The fenced
area shall be posted "TREE PROTECTION ZONE--KEEP OUT."
H.
Significant trees located off site and whose dripline
is within 25 feet of any proposed construction activities shall be
protected by the fence when required by the Department of Community
Development.
I.
Removal of the fence, or disturbance within the fenced area, except as noted below shall be subject to penalties outlined in § 180-116.
(1)
The fence may be removed and construction or removal
of vegetation performed if there is an imminent threat to the health,
safety and welfare of the community. The Department of Community Development
will be notified as soon as possible if this is required.
(2)
The Department of Community Development has been given
a written explanation of the need for construction or vegetation removal
within the fenced area and has issued a letter of consent. When work
within the dripline is necessary the following is to be adhered to:
(a)
The grade of the land located within the driplines
shall not be raised or lowered.
(b)
No construction, grading, trenching, storing
or stockpiling of materials, dumping, vehicular traffic or parking
of any kind shall be permitted within the dripline or within six feet
of any remaining trees, whichever is greater.
(c)
Any clearing within the dripline, or within
six feet of the trunk of a remaining tree, whichever is greater, shall
be done by hand-operated equipment.
(3)
Remedies for damage done within the tree protection
zone shall include aeration, mulching, and if necessary, tree or plant
replacement as determined by the Department of Community Development
depending on the amount of damage done.
(4)
Any significant tree which is seriously injured or
removed without proper approvals from the affected areas, shall be
replaced to the satisfaction of the Department of Community Development
according to Table 1 below.
[Amended 6-24-2002 by Ord. No. 2006-02]
J.
Resource conservation standards for site preparation
and cleanup.
[Added 9-22-2008 by Ord. No. 22-2008]
(1)
Protection of vegetation from mechanical injury. Where
earthwork, grading, or construction activities will take place in
or adjacent to woodlands, old fields or other significant vegetation
or site features, the Planning Board shall require that the limit
of disturbance be delineated and vegetation protected through installation
of temporary fencing or other approved measures. Such fencing shall
be installed prior to commencing of and shall be maintained throughout
the period of construction activity.
(2)
Protection of vegetation from grading change. Grade
changes to occur at any location of the property shall not result
in an alteration to soil or drainage conditions which would adversely
affect existing vegetation to be retained following site disturbance,
unless adequate provisions are made to protect such vegetation and
its root systems.
(3)
Protection of vegetation from excavations.
(a)
When digging trenches for utility lines or similar
uses, disturbances to the root zones of all woody vegetation shall
be minimized.
(b)
If trenches must be excavated in the root zone,
all disturbed roots shall be cut as cleanly as possible. The trench
shall be backfilled as quickly as possible and the area shall be revegetated
with native species if the plants are destroyed.
(4)
Protection of topsoil.
(a)
No topsoil shall be removed from the site.
(b)
Prior to grading operations or excavation, topsoil
in the area to be disturbed shall be removed and stored on site.
(c)
Topsoil disturbed or moved on site shall be
redistributed and stabilized immediately in primary and secondary
conservation areas and within seven days in all other areas following
the establishment of required grades for a project or project phase.
All exposed earth surfaces shall be stabilized by hydroseeding on
slopes of less than 10%, and by sodding, hydroseeding, or rip-rap
on slopes exceeding 10%.
(d)
Grading and earthmoving operations shall be
scheduled to minimize site disturbance during the period from November
1 to April 1, when revegetation of exposed ground is difficult.
[Amended 4-23-2018 by Ord. No. 3-2018]
A.
Trees on property that require land development approval: Table 1.
The number of replacement trees shown below are for trees on property
that require land development approval for which a permit has been
issued.
|
DBH of Removed Tree
(inches)
|
Number of Replacements
|
|---|---|
|
12 to 18
|
1
|
|
Greater than 18 to 24
|
2
|
|
Greater than 24 to 30
|
3
|
|
Greater than 30 to 36
|
4
|
|
Greater than 36 to 40
|
5
|
|
Greater than 40
|
7
|
B.
Township trees: Table 2. The number of replacement trees shown below
are for Township trees for which a permit has been issued. Due to
the added benefits to the community as a whole, a smaller DBH range
for Township trees is reasonable and necessary.
|
DBH Range
(inches)
|
Number of Replacements
|
|---|---|
|
2.5 to 5
|
1
|
|
6 to 12
|
2
|
|
13 to 18
|
3
|
|
19 to 24
|
4
|
|
25 to 36
|
5
|
|
37 to 45
|
6
|
|
46 or more
|
7
|
C.
Replacement trees shall be nursery grown and comply with the AAN
standards for nursery stock. Caliper shall be 1.75 inches to 2.5 inches.
D.
Replacement trees may used anywhere on site, unless explicitly prohibited by law. However, the provisions of this chapter do not supersede an applicant's responsibility(ies) for street trees, as set forth and required under § 158-26B and C. The following may be considered as replacement trees, subject to approval by the Department of Public Works or its designee:
Existing trees and shrubs on a site may be transplanted
and used to fulfill other planting requirements such as buffers or
street trees, if the following requirements are met:
A.
The tree or shrub meets the minimum standards required
for that particular landscape requirement.
B.
The tree or shrub conforms to the minimum requirements
for that species as outlined in the AAN standards for nursery stock.
C.
The tree or shrub will be transplanted when dormant
if deciduous, or during the spring for evergreens, and shall be replanted
and thoroughly watered within 24 hours of digging.
D.
A performance guarantee shall be submitted to guarantee
survival of the transplanted material for three full growing seasons.
E.
All planting, transplanting, or any action affecting a Township tree,
after obtaining the appropriate permit, shall meet and comply with
the following standards:
[Added 4-23-2018 by Ord.
No. 3-2018]
(1)
All nursery stock used for planting on Township property shall comply
with ANSI Z-60.1, as amended, American Standard for Nursery Stock.
(2)
All Township tree transplanting shall comply with ANSI A300 (Part
6) 2012, Planting and Transplanting.
(3)
All Township tree trimming shall conform to ANSI A300 (Part I) 2008,
Pruning.
[Amended 4-23-2018 by Ord. No. 3-2018]
A.
All required replacement trees shall be planted on the site from
which the trees were removed. Relief from any portion or all of the
on-site tree replacement requirement may be granted by the Department
of Public Works or its designee. Any relief shall be based upon practical
physical difficulties, environmental constraints, and undue hardship
related to conditions of the site from which the trees are to be removed.
The Department of Public Works or its designee shall solicit the comments
and recommendations of the Township Engineer and landscape consultant
in determining whether the relief requested by the applicant should
be granted.
B.
In lieu of planting replacement trees, the applicant may be permitted to make a monetary contribution to the tree bank. The amount of the contribution shall be $350 for each tree required for each replacement tree in accordance with § 160-6, Tables 1 and 2,[1] herein, and shall be submitted to the Department of Public
Works or its designee prior to cutting any trees or the issuance of
a zoning permit, whichever occurs first.
C.
The cost of replacement trees shall not exceed 5% of the project
cost (including but not limited to buildings, structures and site
improvements), as determined by the Township Engineer. For determining
the cost of replacement trees, the actual replacement cost or $350
per tree, whichever is less, shall be used. All costs shall be adjusted
every three years after in accordance with the federally regulated
cost of living index.
D.
All funds collected from an applicant as a contribution in lieu of
replanting trees shall be deposited in a dedicated account clearly
designated as the Moorestown Township tree Bank. All funds so deposited
shall be used exclusively for the planting or maintenance of trees.
This bank may be used to plant trees on public property and rights-of-way,
including but not limited to public parks, public schools and public
buildings. A quarterly report, detailing the expenditure of any of
the funds, shall be submitted to the Township Council by the Chief
Financial Officer.
B.
Where the permit application is submitted as part
of an application for development, the time for decision on the application
shall be governed by the requirements applicable under N.J.S.A. 40:55D-1
et seq.
C.
Where the permit application is not submitted as part
of an application for development, a decision on the application shall
be made within 60 days of the receipt of a complete application, or
within such additional time as is agreed to by the applicant.
D.
No action shall be taken on any significant existing tree until written authorization is received from the Department of Public Works or its designee and a permit issued. If permission is granted to remove said tree, the property owner may be responsible for a tree replacement in addition to paying for the cost of removing the permitted tree (e.g., removing a perfectly good tree to install a driveway). See § 160-6A and B for Tree Replacement Tables.
[Added 4-23-2018 by Ord.
No. 3-2018]
[Added 4-23-2018 by Ord.
No. 3-2018]
A.
An administrative fee of $25 will be required upon issuance of a
permit for the above approvals.
B.
All fees collected for tree assessment replacement will be collected
by the Department of Public Works or its designee, deposited into
the Tree Bank account and maintained by the Township Finance office.
A.
If granted for a lot or parcel of land for which no
building permit is required, the tree removal permit shall be valid
for one year from the date of issuance.
B.
If granted for a lot or parcel of land for which a
building permit is required, but for which no approval is required
from the municipal agency, the tree removal permit shall be valid
until an expiration of the building permit.
C.
If granted for a lot or parcel of land for which an
approval is required from the municipal agency, the tree removal permit
shall be valid for as long as the approval is valid pursuant to N.J.S.A.
40:55D-1 et seq.
D.
Once a tree removal permit expires, a new application
must be submitted for review and new permit issued.
The following shall be exempt from this chapter
A.
All lot owners, on properties that require land development approval,
may remove two significant privately owned trees per year per acre
of the lot.
[Amended 6-24-2002 by Ord. No. 2006-02; 4-23-2018 by Ord. No. 3-2018]
B.
Lots containing single-family or two-family dwellings
and vacant lots zoned for same, where the lot area is less than twice
the required minimum lot area for the zone in which the lot is located.
C.
Trees directed to be removed by municipal, county,
state or federal authority pursuant to law.
D.
Removal of trees which are dead, dying or diseased,
trees which have suffered damage or any tree whose angle of growth
makes it a hazard to structures, roads or human life.
E.
Removal of trees which are causing structural damage to buildings,
foundations of structures, or public water and/or sewer infrastructure.
[Amended 4-23-2018 by Ord. No. 3-2018]
F.
Pruning of or removal of trees within the right-of-way by utility
companies for maintenance of utility wires or pipelines, the pruning
of trees within sight easements, and Township trees which are obstructing
the sidewalk.
[Amended 4-23-2018 by Ord. No. 3-2018]
G.
Developments that have received preliminary or final
approval within three years prior to the effective date of this chapter,
unless a substantial change in the development occurs requiring a
revised preliminary approval.
H.
Tree nurseries, orchards and properties with a state-approved
forest management plan.
I.
Cemeteries.
A.
Penalties.
[Amended 4-23-2018 by Ord. No. 3-2018]
(1)
Any person that shall violate any provision of this chapter or do
any act or thing therein prohibited or refuse or fail to do any act
or thing therein required to be done or refuse or fail to comply with
an order of the Department of Public Works or its designee, shall,
upon conviction thereof before any judicial officer authorized to
hear and determine the matter, forfeit and pay such fine not exceeding
the sum of $1,500 as shall be imposed by such judicial officer in
his discretion and if the party so convicted is a natural person,
shall be sentenced to perform a maximum of 90 hours of community service
or both, as in his discretion, shall be determined, not exceeding
the maximum limits hereinbefore fixed.
(2)
In addition to the above, the violator may also be required to bear
the costs of correcting such violation(s) in accordance with N.J.S.A.
40:64-12. Condition, location and variety of trees removed shall aid
in the determination.
B.
Every day such violation continues or is permitted to continue shall
constitute a separate and independent violation of this chapter.
