[HISTORY: Adopted by the Township Committee of the Township of Franklin as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Land development — See Ch. 253.
Soil removal — See Ch. 325.
ATTACHMENTS
Attachment 1 - Appendix A Tree List
[Adopted 9-12-2006 by Ord. No. O-26-2006]
As used in this article, the following terms shall have the meanings indicated:
APPLICANT
An individual holding an enforceable proprietary interest in land intended to be clear-cut, including the owner, contract purchaser, lessee or optionee.
APPLICATION
An application for clear-cutting as set forth herein.
CLEAR-CUTTING
The removal of trees or natural vegetation such that said removal shall encompass a contiguous area of 5,000 square feet or more and as defined in the enabling legislation of N.J.S.A. 4:24-40 et seq., which would require the applicant to apply for and receive a soil erosion and sediment control permit from the Gloucester County Soil Conservation District.
PERMIT
A clear-cutting permit issued in accordance with this article.
A. 
The clear-cutting of trees and the clear-cutting of lands in the Township of Franklin shall be prohibited except in compliance with the terms of this article.
B. 
Prior to the commencement of clear-cutting and/or ground clearing as defined under the Soil Erosion and Sediment Control Act (N.J.S.A. 4:24-40 et seq.), the applicant shall submit an application, which shall be executed by the applicant and the property owner, to the Department of Community Development of Franklin Township for a permit. The application shall include the following information:
(1) 
The application shall identify the lot and block of the property proposed to be clear-cut; and
(2) 
The application shall include a survey or tax map identifying graphically the limits of proposed clearing and the presence or absence of wetlands and their location on the site; and
(3) 
The application shall state the reasons for the proposed clear-cutting (for example, farming, construction of a single-family home, etc.); and
(4) 
The application shall include a copy of the application for and permit issued by the Gloucester County Soil Conservation District.
C. 
Issuance of permits.
(1) 
Upon receipt of a complete application, the Director of Community Development shall issue a clear-cutting permit and shall keep a record of the application and permit so issued within the records of the Department of Community Development for a period of six years.
(2) 
In the event that the Director of Community Development shall determine that the proposed clearing is in areas impacted by freshwater wetlands or their buffers as defined in the New Jersey Freshwater Protection Act,[1] then and in that event the Director of Community Development may deny said permit and may require the applicant to obtain a wetlands letter of interpretation from the New Jersey Department of Environmental Protection as a condition to the issuance of a permit, which determination shall be controlling.
[1]
Editor's Note: See N.J.A.C. 7:7A.
(3) 
In the event that the Director of Community Development denies the issuance of a permit, the applicant shall have the right to appeal said determination to the Zoning Board of Adjustment of Franklin Township following the protocols set forth in N.J.S.A. 40:55D-70(a).
D. 
As a condition of the issuance of a permit for land clearing, the applicant and owner and their successors, heirs and assigns shall be prohibited from applying for or obtaining site plan or subdivision approval from the Planning Board or Board of Adjustment as the case may be for a period of five years as measured from the issuance of said Permit.
A. 
Anyone who shall clear-cut land in violation of the terms of this article shall be susceptible to prosecution in the Municipal Courts of Franklin Township and shall, if adjudged guilty of said charge, pay a fine of not less than $75 nor more than $1,000 for each 5,000 square feet of land cleared in violation of this article.
B. 
It shall be a complete defense to any charges brought herein if the clear-cutting is accomplished in accordance with an approved forest management plan or in the event that the land clearing is pursuant to a legitimate farming operation on farmland-assessed property in accordance with the New Jersey Right to Farm Act.[1]
[1]
Editor's Note: See N.J.S.A. 4:1C-1 et seq.
[Adopted 7-9-2024 by Ord. No. O-6-24]
An ordinance to establish requirements for tree removal and replacement and penalties for noncompliance in Franklin Township, Gloucester County to reduce soil and pollutant runoff, promote infiltration of rainwater into the soil and protect the environment, public health, safety and welfare.
For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this article clearly demonstrates a different meaning. When consistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The use of the word “shall” means the requirement is always mandatory and not merely directory.
APPLICANT
Means any “person,” as defined below, who applies for approval to remove trees regulated under this article.
CRITICAL ROOT RADIUS (CRR)
Means the zone around the base of a tree where the majority of the root system is found. The zone is calculated by multiplying the diameter at breast height (DBH) of the tree by 1.5 feet. For example: a tree with a six-inch DBH would have a CRR = 6”x1.5’ = 9’ (feet).
DIAMETER AT BREAST HEIGHT (DBH)
Means the diameter of the trunk of a mature tree generally measured at a point four and a half feet above ground level from the uphill side of the tree. For species of trees where the main trunk divides below the 4 1/2 foot height, the DBH shall be measured at the highest point before any division.
HAZARD TREE
Means any tree, or limbs thereof, that meet one or more of the criteria below. Trees that do not meet any of the criteria below and are proposed to be removed solely for development purposes are not hazard trees. (Municipalities may choose to require a licensed tree expert to make all hazard tree determinations).
A. 
Has an infectious disease or insect;
B. 
Is dead or dying;
C. 
Obstructs the view of traffic signs or the free passage of pedestrians or vehicles; where pruning attempts have not been effective.
D. 
Needs to be removed due to a new well installation or septic system installation for an existing dwelling as required by the applicable regulations.
E. 
Is causing obvious damage to structures (such as building foundations, sidewalks, etc.); or
F. 
Is determined to be a threat to public health, safety, and/or welfare by a certified arborist or licensed tree expert (LTE).
HOMEOWNER
Means a person(s) who owns a residence. “Person” means any individual, resident, corporation, utility, company, partnership, firm or association. “Resident” means an individual who resides on the residential property or contractor hired by the individual who resides on the residential property where a tree(s) regulated by this article is removed or proposed to be removed.
PERSON
Means any individual, corporation, company, partnership, firm, association, political subdivision of this state and any state, interstate or federal agency.
PLANTING STRIP
Means the part of a street right-of-way between the public right-of-way and the portion of the street reserved for vehicular traffic or between the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk.
STREET TREE
Means a tree planted in the sidewalk, planting strip, and/or in the public right-of-way adjacent to (or specified distance from) the portion of the street reserved for vehicular traffic. This also includes trees planted in planting strips within the roadway right-of-way. i.e. islands, medians, pedestrian refuges.
TREE
Means a woody perennial plant, typically having a single stem or trunk growing to a considerable height and bearing lateral branches at some distance from the ground.
TREE CALIPER
Means the diameter of the trunk of a young tree, measured six inches from the soil line. For young trees who caliper exceeds four inches, the measurement is taken 12 inches above the soil line.
TREE OF SIGNIFICANCE
Means any tree that is recognized by the municipal governing body or local historical organization(s) as being of significance due to its size, unique value, age, rarity, or the aesthetic, botanical, ecological, and historical value.
TREE REMOVAL
Means to kill or to cause irreparable damage that leads to the decline and/or death of a tree. This includes, but is not limited to, excessive pruning, application of substances that are toxic to the tree, over mulching or improper mulching and improper grading and/or soil compaction within the critical root radius around the base of the tree that leads to the decline and/or death of a tree. Removal does not include responsible pruning and maintenance of a tree, or the application of tree treatments intended to manage invasive species. Any tree removal required for a well or septic system install as part of the construction of a new dwelling, is not considered a hazard tree unless it meets the other criteria identified in this article.
A. 
Application process.
(1) 
Any person planning to remove a street tree with DBH of 2.5 inches or more or any non-street tree with DBH of six inches or more on their property shall submit a Tree Removal Application to Franklin Township, Gloucester County. No tree shall be removed until municipal officials have reviewed and approved the removal. For larger scale clearing projects, applicants can submit a tree survey as part of the application identifying the number, sizes and exemptions of trees for the assessment of fees. Removal of a “tree of significance” must be certified by a licensed tree expert (LTE) hired by the Township to examine said tree and then the removal passed via resolution by the Township Committee.
(2) 
Applicants will be subject to an application fee as per Table 1 below.
B. 
Tree replacement requirements.
(1) 
Within a five-year period, any person who removes one or more street tree(s) with a DBH of 2.5 inches or more, unless exempt under § 364-7, shall be subject to the requirements of the Street Tree Replacement Requirements Table below.
(2) 
Any person, who removes one or more tree(s), as defined as Tree removal, with a DBH of six inches or more per acre, unless otherwise detailed under § 364-7 shall be subject to the requirements of the Tree Replacement Requirements Table.
(3) 
For applicants, other than “homeowners:” Within a five-year period, any person, other than a homeowner, who removes one or more street tree(s) with a DBH of six inches or more per acre, unless exempt under § 364-7, shall be subject to the requirements of the Street Tree Replacement Requirements Table below.
(4) 
For homeowner applicants: Within a five-year period, any person that removes more than three street trees per acre that fall into Categories 1, 2, or 3, combined, or any one street tree in Categories 4 or 5 in the Street Tree Replacement Requirements table below, unless exempt under § 364-7, shall be subject to the requirements of the Street Tree Replacement Requirements Table below.
C. 
The species type and diversity of replacement trees shall be in accordance with the list of invasive trees which cannot be planted in Appendix A.
Replacement tree(s) shall meet the required actions in the table below, and:
(1) 
Be replaced in kind with a tree that has an equal or greater DBH than the tree removed or meet the Tree Replacement Criteria in the table below;
(2) 
Shall be planted within 12 months of the date of removal of the original tree(s), or at an alternative date specified by the Township.
(3) 
Replacement tree(s) shall be monitored by the applicant for a period of two years to ensure their survival and shall be replaced as needed within 12 months.
(4) 
Trees shall not be planted in temporary containers or pots, as these do not count towards tree replacement requirements.
Tree Replacement Requirements Table:
Category
Tree Removed
(DBH)
Required Action
Application Fee
1
DBH of 2.5 inches (for street trees) or 6 inches (for other trees) to 12.99 inches
Replant 1 tree in accordance with Appendix A, with a minimum DBH of 1.5 inches for each tree removed
$35 per tree
2
DBH of 13 inches to 22.99 inches
Replant 2 trees in accordance with Appendix A, with minimum DBHs of 1.5 inches for each tree removed
$35 per tree
3
DBH of 23 inches to 32.99 inches
Replant 3 trees with minimum DBHs of 1.5 inches for each tree removed
$35 per tree
4
DBH of 33 inches or greater
Replant 4 trees with minimum DBHs of 1.5 inches for each tree removed
$35 per tree
5
Tree of Significance*
Replant 5 trees with minimum DBHs of 1.5 inches for each tree removed
$200 per tree
*
Tree of Significance removals shall be approved by the Franklin Township Mayor.
D. 
Replacement alternatives:
(1) 
If the Township determines that some or all required replacement trees cannot be planted on the property where the tree removal activity occurred, then the applicant shall do one of the following:
(a) 
Plant replacement trees in a separate area(s) approved by the Township.
(b) 
Pay a fee as indicated in the table below for each tree which has been removed. This fee shall be placed into a fund dedicated to tree planting and continued maintenance of trees and surrounding space.
Tree Replacement Fee Table:
Category
Tree Removed
(DBH)
Required Action
Application Fee
1
DBH of 2.5 inches (for street trees) or 6 inches (for other trees) to 12.99 inches
Replant 1 tree in accordance with Appendix A, with a minimum DBH of 1.5 inches for each tree removed
$25 per tree
2
DBH of 13 inches to 22.99 inches
Replant 2 trees in accordance with Appendix A, with minimum DBHs of 1.5 inches for each tree removed
$50 per tree
3
DBH of 23 inches to 32.99 inches
Replant 3 trees with minimum DBHs of 1.5 inches for each tree removed
$75 per tree
4
DBH of 33 inches or greater
Replant 4 trees with minimum DBHs of 1.5 inches for each tree removed
$100 per tree
5
Tree of Significance*
Replant 5 trees with minimum DBHs of 1.5 inches for each tree removed
To be determined by Township Committee
All persons shall comply with the tree replacement standard outlined above, except in the following cases. Proper justification shall be provided, in writing, to the municipality by all persons claiming an exemption. Franklin Township defines “proper justification” as a written statements from licensed tree expert or arborist describing why the tree(s) must be removed (disease/hazard etc.):
A. 
Residents who remove less than four trees per acre that fall into category 1, 2, or 3 of the Tree Replacement Requirements Table within a five-year period. [The number of trees removed is a rolling count across a five-year period. For example, if three trees from Category 1 are removed in July 2023, the ‘count’ resets to zero in July 2028. However, if one tree from Category 1 is removed in July 2023 and another in July 2025, the first tree will come off the count in July 2028 and the second in July 2030.]
B. 
Tree farms in active operation, nurseries, fruit orchards, and garden centers;
C. 
Properties used for the practice of silviculture under an approved forest stewardship or woodland management plan that is active and on file with the Township;
D. 
Any trees removed as part of a municipal or state decommissioning plan. This exemption only includes trees planted as part of the construction and predetermined to be removed in the decommissioning plan.
E. 
Any trees removed pursuant to a New Jersey Department of Environmental Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved environmental clean-up, or NJDEP approved habitat enhancement plan;
F. 
Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife;
G. 
Hazard trees may be removed with no fee or replacement requirement.
This article shall be enforced by the Police Department and/or other Municipal Officials of Franklin Township, Gloucester County during the course of ordinary enforcement duties.
The Township designates that the appeal committee for this article, any application decisions and violations shall be comprised of the Township Administrator, Department of Public Works Supervisor and the Zoning Officer. Their determination of appeal shall be made in writing within 14 days of hearing.
Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine of $250 (per tree removed), any business, corporation who is found to be in violation of the provisions of this article shall be subject to a fine of $500 up to $1,000 (per tree removed) and the actual cost of replacement trees (one for one) to be planted elsewhere within the township The removal of a tree of significance is not subject to a fine limit.