[Amended 12-10-2003 by Ord. No. 0-03-10]
In passing on the adequacy of subdivision plans,
the Planning/Zoning Board shall apply the standards contained in this
article. N.J.A.C. 5:21.1 et seq (residential site improvement standards)
shall govern for any site improvements carried out or intended or
required to be carried out for any residential subdivision, site plan
approval or variance.
Vertical (straight-face) curbs shall be required.
Curb cuts, mountable curbs or ramps shall be provided wherever sidewalks
cross streets to accommodate wheelchairs and bicycles in accordance
with New Jersey Barrier Free Design Criteria.
Culverts shall have headwalls and railings,
where necessary, placed on right-of-way lines unless the stream flow
is judged minor by the Planning/Zoning Board and the Township Engineer.
In this case, at the option of the developer, pipes may be extended
no less than 25 feet beyond the right-of-way line, and a single headwall
may be built to grade on the upstream side without a railing. Because
of traffic hazard, intruding curbs and abutments near the paving line
are forbidden.
Wherever possible, subdividers shall preserve
trees, groves, waterways, scenic points, historic spots, and other
community assets and landmarks.
[Amended 7-9-2008 by Ord. No. 0-08-17]
A. Purpose. It is the purpose of this section to require,
as a part of a development application for any site plan, major subdivision,
general development, planned unit development or planned residential
open space development or any new type of development approval or
classification hereinafter authorized to be undertaken in the Township
of South Harrison, the submission of an environmental impact statement.
The purpose of requiring such a statement is to assist the Land Use
Board and its consultants in assessing the impact of a proposed project
upon the local and regional environment, particularly with respect
to water and air resources, pollution of all kinds, topography, drainage,
waste disposal, wildlife habitat and the landscape. No application
for development shall be approved unless it has been affirmatively
determined that the proposed project will not result in a significant
adverse impact to the environments, has been conceived of and designed
in a way that will not impair natural processes and will not place
disproportionate excessive demand upon the total resources available
to the project site and the impact area.
B. Filing and review of environmental impact statement.
(1)
Each applicant for approval with respect to
any site plan, major subdivision, general development, planned unit
development or planned residential open space development or any new
type of development shall file 18 copies of the environmental impact
statement, together with the original application. Upon application
by an applicant for minor site plan approval, the Planning Board or
Zoning Board of Adjustment may waive the requirement for submission
of an environmental impact statement or modify or reduce the requirements
of the environmental impact statement as circumstances warrant. No
environmental impact statement shall be required for a minor subdivision.
(2)
The Land Use Board shall examine the applicant's
environmental impact statement in detail, together with the comments
from the Board's professionals and the Environmental Commission. If
such statement is deemed to be lacking in sufficient detail or is
incomplete in any detail, the Board Secretary shall reject the development
application as being incorrectly filed; provided, however, that the
applicant shall be notified thereof within 45 days of submission of
the application, or it shall be deemed properly submitted.
(3)
The Township Committee recognizes that providing
information is essential to the orderly growth and planning of the
Township, and it further recognizes that the time lapse between preliminary
or tentative development approvals and final approvals often results
in environmental impact(s) which must be properly analyzed. It is
therefore required that the provisions of this article with respect
to the submission of an environmental impact statement shall apply
to both applications for preliminary or final approval where no environmental
impact statement has been previously submitted for any section or
sections of a development heretofore or hereafter receiving preliminary
or tentative approval.
C. Contents of environmental impact statement. The environmental
impact statement shall contain the following information:
(1)
Plan and description of development and proposed
use of site. A project description, which shall specify what is proposed
complete with maps and drawings, said maps and drawings to be drawn
at a minimum scale of one inch equals 100 feet. The description shall
include but not be limited to the following:
(c)
Depth to seasonally high water table.
(h)
Adjacent natural streams.
(i)
Relationship to surrounding utilities.
(j)
Method and schedule of construction.
(k)
Solid waste generation and disposal.
(n)
Pollution to be generated.
(2)
Inventory of existing environmental conditions
on the site and in the area affected by the proposed development,
including the location of testing, shall be provided and shall describe:
(a)
Water quality, water supply hydrology, groundwater
level and condition.
[1]
Surface water and groundwater studies for all
applicants shall include the analysis of the state standards for residential
cleanup and, without limitation, the following performed by a New
Jersey State certified laboratory facility: pH, nitrates, total suspended
solids, total phosphates, BOD, fecal coliform, chlorides, and turbidity.
[2]
Any applicant whose property lies in a watershed
affected by any upstream manufacturing or commercial establishment
or whose property itself is such a manufacturing or commercial establishment
shall include, in addition to the provisions hereinabove, the analysis
of the following: arsenic, cadmium, chromium, copper, iron, lead,
zinc and mercury.
(c)
Noise characteristics and levels.
(e)
Soils and properties thereof, including capabilities
and limitations.
(k)
On-site and off-site sewerage systems, public
and private.
(l)
Vegetation. A separate map of existing vegetation
shall be submitted with a scale identical to the development plan(s)
in accordance with the Tree Preservation Ordinance.
(m)
Wildlife and wildlife habitat.
(o)
Historical and archaeological sites.
(3)
The applicant may consult the Township's Environmental
Resources Inventory for reference to the extent that the Township's
inventory is relevant to the tract and affected area.
(4)
Assessment of the environmental impact of the
project.
(a)
An assessment of the environmental impact of
the project upon the factors described hereinabove based on environmental
data shall be submitted and shall include an evaluation of water use,
liquid and solid waste disposal and the effects of liquid and solid
waste on the quality and quantity of surface water and groundwater.
The assessment shall include an evaluation of the compatibility in
use and scale of the project with employment, shopping, schools, roads,
open space and police and fire protection. All potential impacts are
to be defined to include but not be limited to:
[1]
Impact on geological and soil stability.
[2]
Impact on soil erodability.
[3]
Impact on groundwater, aquifers and aquifer
recharge areas.
[4]
Impact on streams and lands within or near the
site, whether manmade or natural.
[5]
Impact on vegetation and wildlife.
[6]
Displacement of families or individuals.
(b)
Damage to plant, tree and wildlife systems,
displacement of existing farms and increase in sedimentation and siltation
should be evaluated.
(c)
Any data submitted by the application with the
application or to other agencies, including but not limited to the
NJ Department of Environmental Protection, the Gloucester County Board
of Health and the Gloucester County Soil Conservation District, having
jurisdiction over one or more of the environmental elements specified
in this section shall be accepted by the Land Use Board as fulfilling
the data requirements for the EIS to the extent applicable.
(d)
Evaluate any unusual environmental impacts and
damages to natural resources both on the tract and in the affected
area.
(e)
Describe the steps to be taken to minimize environmental
impacts during construction and during operation with particular emphasis
upon air or water pollution. The description of steps to be taken
shall be accompanied by appropriate maps, schedules and other explanatory
data as may be needed to clarify and explain the actions to be taken.
(f)
Alternatives. The applicant should provide a
statement of alternatives to the proposed project, consistent with
the zoning on the site, which might avoid some or all of the unusual
environmental effects of the proposed project. The statement shall
include the reasons for the acceptability or nonacceptability of each
alternative.
(g)
Where septic systems are proposed, the following
information should be provided:
[1]
Data on underlying geology.
[5]
Representative percolation tests for each lot
on the tract.
[6]
Cation exchange rate at two feet and six feet
below the surface of the ground.
[7]
Adequate test borings, in the opinion of the
Board Engineer, to determine the direction and flow of groundwater.
[8]
Topography and location and depth of aquifers.
[9]
Depth, insofar as such information is practically
available, of all wells within 250 feet of the site or in the affected
area, whichever is greater.
(h)
Water supply. A showing that an adequate potable
water supply is available and not threatened by nearby use of other
land and the following:
[1]
Location and depth, insofar as such information
is practically available, of all private and public water supplies
within 200 feet of the site or in the affected area, whichever is
greater.
[2]
Location, depth and adequacy of proposed water
supplies to serve the proposed project.
[3]
Geologic description of subsurface conditions,
including expected groundwater yields, using published geologic reports
or a statement by a geologist.
(i)
A summary of stormwater impacts taken from the
stormwater report.
(k)
Air pollution. A showing that emissions from
point sources will be in compliance with state and federal laws and
regulation and a description of the means by which dust will be controlled
during construction.
(l)
A list of all licenses, permits and other approvals
required by municipal, county or state law and the status of each.
Where wetlands are present, a copy of the letter of interpretation
and any general permits must be submitted with the EIS.
D. Environmental criteria in reviewing applications for
development.
(1)
The Land Use Board shall consider the impact
of the applicant's proposal upon all aspects of the environment, including
but not limited to: sewage disposal, water quality, water supply,
wetlands, preservation of trees and vegetation, protection of watercourses
and wetlands, protection of air resources, protection of aquifers,
protection of public lands and their uses and ecosystems, the presence
of nuisance factors and archeological factors.
(2)
The Board's determination upon any application
for development shall consider the environmental impacts affecting
the subject property. In reaching a conclusion on the acceptability
of an environmental impact or the protective measures to be taken,
the Board shall accept approvals obtained by the applicant from other
agencies having jurisdiction over one or more of the elements insofar
as such approvals satisfactorily address environmental impacts identified
under this article, such as the New Jersey Department of Environmental
Protection and Energy, the Gloucester County Board of Health, the
Gloucester County Soil Conservation Service, and the Township Environmental
Commission.
[Added 12-10-2003 by Ord. No. 0-03-10]
A lot grading plan shall be prepared to provide
for the proper drainage of residential lots being developed in South
Harrison Township. The plan shall meet the following criteria.
A. Whenever possible, the land shall be graded so that
the stormwater from each lot shall drain directly to the street. If
impossible to drain directly to the street, it shall be directed to
a system of interior yard drainage designed in accordance with this
chapter. All grading shall be done in a manner that will result in
no adverse impact to adjoining properties. Adjacent properties with
natural swales and/or wetlands must be evaluated to insure that adequate
capacity is available to accept the natural runoff from the site being
developed.
B. The minimum slope for lawns and disturbed areas shall
be 2% and, for smooth, hard finished surfaces other than roadways
and parking lots, 0.75%.
C. The maximum grade for lawns and disturbed areas within
five feet of a building, shall be 10%, and for lawns more than five
feet from a building, 25% except that, for the driveway, the maximum
grade shall be 8%.
D. Retaining walls installed in slope-control areas shall
be constructed of treated timber or logs, reinforced concrete, other
reinforced masonry or of other construction acceptable to the Township
Engineer and shall be adequately designed and detailed on the final
plat or lot grading plan to carry all earth pressures, including any
surcharges. The height of retaining walls shall not exceed 1/3 of
the horizontal distance from the foundation wall of any building to
the face of the retaining wall.
E. No topsoil shall be removed from the site or utilized
off site without the approval of the Township. Topsoil moved during
the course of construction shall be stockpiled on site and redistributed
so as to provide at least four inches of spread cover to all seeding
and planting areas of the subdivision and shall be stabilized by seeding
or planting. In the event that the quantity of topsoil at the site
is insufficient to provide four inches of cover for all seeding and
planting areas, the developer shall provide and distribute a sufficient
quantity of topsoil to provide such a cover.
F. Sites shall be designed to balance cut and fill excavations
to the maximum extent practical. In order to conserve the Township's
limited natural resources, no soil, sand, gravel, or other natural
resources shall be stripped, excavated, or otherwise removed for sale
or for use other than on the premises from which the soil, sand, gravel,
or other natural resources is taken except for excavating or grading
incidental to the construction or alteration of a building on such
premises, or an approved site plan or subdivision. Removal of excavated
material in excess of 10,000 cubic yards for developments consisting
of 50 or less residential units, and 20,000 cubic yards for developments
in excess of 50 residential units, from a site shall require the procurement
of a land mining permit from the Township.
G. When swales are used to direct surface water, they
shall be placed on the property line and water will flow from the
back of the lot to the street. Surface drainage may be directed onto
neighboring lots only when the drainage will not impact the use of
the neighboring property and when an easement is approved for the
drainage area. Minimum center line slopes for swales shall be 1%.
[Added 12-10-2003 by Ord. No. 0-03-10; amended 2-9-2005 by Ord. No. 0-05-03; 12-12-2007 by Ord. No. 0-07-25; 7-9-2008 by Ord. No. 0-08-12; 6-10-2009 by Ord. No. 0-09-06]
A. Purpose. The purpose of the farmland or agricultural buffer is to minimize potential conflicts between agricultural and nonagricultural land uses, and to protect agricultural operations consistent with the purposes of the Right to Farm Ordinance (§
90-5.36), by providing a physical separation between farm-assessed properties and other residential, institutional and commercial uses. The farmland buffer is intended to assist in maintaining an environment in which farmers are free to pursue their livelihood free from nuisance complaints.
B. Farmland buffer requirements. All residential and nonresidential
subdivisions and site plans that may ultimately result in the construction
of new residential dwellings or commercial or institutional uses shall
be designed such that any lot abutting or sharing a boundary with
land that is currently assessed as farmland or that has been qualified
within any of the three calendar years preceding the application as
qualified farmland under the New Jersey Farmland Assessment Act, shall
include, in addition to the required yard and setbacks, a buffer as
follows:
(1)
A one-hundred-foot wide buffer strip in addition to the required
yards and setbacks along all property lines shared with the agricultural
use.
(2)
The buffer shall include a six-foot-high vinyl-coated (or other
style approved by the Land Use Board) fence located one-foot inside
the property line on the lot being subdivided or developed.
(3)
The buffer strip shall contain a staggered row of evergreen
plantings, six feet high at the time of planting, placed 10 feet on
centers, or appropriately spaced for the particular species, to provide
an adequate and effective visual buffer and to assist in buffering
noise, odor and dust.
(a)
Existing vegetation/hedges shall be maintained when they exist
within the buffer area and may substitute for the required evergreens
if a substantial year-round buffer is already present.
(b)
The proposed plant species must be approved by the Land Use
Board at the time of site plan or subdivision approval, and may not
be an invasive species.
(c)
The buffer for each phase of a development must be installed
prior to the issuance of the first certificate of occupancy for that
phase of development.
(4)
The buffer strip shall be restricted by deed and by final subdivision
plat against construction of any buildings or structures other than
fences, walls and drainage facilities and against removal of any screen
of trees or hedges, so long as the adjacent land is assessed or qualified
as farmland under the New Jersey Farmland Assessment Act, or is actively
farmed should the Farmland Assessment act be revoked or substantially
altered.
(5)
The deed restriction shall also require that the screen of trees
or hedges be maintained in perpetuity by the homeowners' association
or the individual property owner as the case may be. Any hedges and/or
trees that die or become diseased must be replaced to maintain the
screen.
C. Exceptions for which the buffer may be reduced or is not required are as follows; however, except for Subsection
C(1), the exceptions do not apply to property lines shared with permanently preserved farms:
(1)
If the lot being subdivided or developed is substantially wooded
and the vegetation and trees within the buffer area will remain, the
buffer is still required, but the Land Use Board may waive the planting
requirements in the buffer.
(2)
If the lot being subdivided or developed contains a dense hedge
that cannot be easily penetrated by a pedestrian, the Land Use Board
may waive the fence requirement.
(3)
The buffer is not required if the subdivided lots are six acres
or more in size and are intended to be farmed.
(4)
Farmland assessment on the adjacent land has been terminated
and rollback taxes have been imposed due to change of use of said
adjacent land to a use other than agricultural or horticultural.
[Added 12-12-2007 by Ord. No. 0-07-26]
A. Legislative intent.
(1)
It is recognized that there is a strong relationship
between South Harrison Township's quality of life and the integrity
of the region's and Township's water quality, air quality, indigenous
landscape and aesthetic amenities.
(2)
The appropriate management and use of existing
vegetation resources are an important health, safety and welfare concern.
Destruction of South Harrison Township'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, decreased property values and decreased overall
environmental health.
(3)
Therefore, it is the intent of these regulations
to protect and preserve the air, water, indigenous landscape, wildlife
habitat and aesthetic quality of South Harrison Township, to increase
energy efficiency, and to promote the removal of carbon dioxide from
the atmosphere 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.
(4)
Specifically it is the intent of the regulations
to:
(a)
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.
(b)
Reduce stormwater runoff, velocity and volume
by retaining woodland and forest areas where stormwater can infiltrate
easily.
(c)
Increase groundwater recharge by retaining woodland
areas where stormwater can infiltrate easily.
(d)
Improve air quality throughout the community
by conserving existing trees and other mature vegetation which produce
oxygen and remove carbon dioxide from the atmosphere.
(e)
Protect wildlife habitat.
(f)
Retain existing trees to provide wind breaks,
shade and other microclimate benefits.
(g)
Retain trees and woodlands that are important
to the history and beauty of South Harrison Township.
(h)
Preserve and enhance property values by retaining
and properly protecting existing trees.
(i)
Replace trees removed for land development.
(j)
Protect trees located on properties adjacent
to development from adverse impact.
B. Applicability: preservation of existing vegetation.
(1)
No significant existing tree in the Township of South Harrison shall be cut or otherwise removed unless done in accordance with the provisions of this chapter. Certain exemptions are allowed under §
90-2.30L of this chapter.
(2)
All subdivisions, site plans and any other land
development which involves or requires the removal of one or more
significant trees shall obtain a tree removal permit in accordance
with the provisions herein.
(3)
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 freestanding trees, tree masses, woodlands and forests.
C. Tree protection plan. A tree protection-management
plan must be submitted to and approved by the Land Use Board at the
time of site plan or major subdivision if there are one or more live
trees to be removed from the property. The tree protection plan shall
be based upon the existing conditions plan and proposed site improvement
plan, and contain the following information:
(1)
Tree inventory. The location, diameter (DBH),
elevation, relative health and species of all significant trees on
site. Such inventory shall be prepared by a professional surveyor,
engineer, or landscape architect licensed in the State of New Jersey,
or demonstrated by the applicant to the satisfaction of the Land Use
Board and/or the Construction Official and Township Engineer. Within
woodland areas, the number of significant trees may be approximated,
in lieu of actual inventory, using the forest density survey method.
This shall be done by a certified tree expert, a N.J. certified forester,
landscape architect, or other tree expert acceptable to the Township
Land Use Board, or demonstrated by the applicant to the satisfaction
of the Land Use Board, Township Planner, Construction Official and/or
Township Engineer. On large sites this may involve representative
sample areas. The applicant should present the proposed method for
approval with the application.
(2)
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
offsite, shall be shown. Whenever possible, the actual canopy spread
shall be shown, but if it must be estimated, the canopy shall equal
1 1/2 feet of diameter per inch of trunk diameter.
(3)
Existing trees, tree masses and woodland areas
shall be designated either to remain, to be removed, or to be transplanted.
This information should also be included on the landscape plan and
soil erosion control plan.
(4)
Location of all existing or proposed buildings,
driveway, grading, septic fields, easements, underground utilities,
rights-of-way, and other improvements.
(5)
Location of existing natural features, including
wooded areas, water courses, wetlands, and floodplains.
(6)
The limits of tree-protection zone (see definition).
(7)
A chart tabulating the diameter inches being
removed, the required compensatory trees, and the proposed quantity
compensatory plantings. The location of all compensatory trees and
a table identifying the quantity and species of such shall be provided
on the project's landscape plan.
(8)
Specifications for the removal of existing trees
and for the protection of existing trees to be preserved, including
detail(s) of the tree-protection fencing, as required.
D. Minimize removal of existing trees.
(1)
It shall be incumbent on the applicant to prove
that removal of existing significant trees is minimized given the
requirements of a good design. If challenged by the Land Use Board
or Construction Office, 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 feasible alternative layouts are possible and that no feasible
alternative clearing or grading plan would reduce the loss of significant
trees given the proposed development.
(2)
In the event that preservation of existing trees
within the tree protection zone is impossible and relocation impractical,
then compensatory planting shall be required for each live tree within
the tree protection zone and each specimen tree anywhere on the site.
A schedule showing the quantities of 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.
(3)
Any tree, tree mass, woodland area, or other
plants shall be part of a preserved area 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 dripline 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.
E. Protection of preserved vegetation and root zones
from construction.
(1)
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.
(2)
The location of this fence shall be shown on
the soil erosion control plan, demolition plan (if applicable), grading
plan and the landscape plan.
(3)
The fence shall be placed a minimum of one foot outside the dripline of the protected vegetation, or closer if §
90-2.30D(3) 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.
(4)
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.
(5)
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.
(6)
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.
(7)
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."
(8)
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 Land Use Board.
As root systems from trees will extend to and beyond the tree's dripline,
off-site trees may have driplines and root systems that extend onto
the subject property and into the area of disturbance. Accordingly,
appropriate protection of significant off-site trees is required to
prevent adverse impact to such trees by activities on the subject
site.
(9)
Removal of the fence or disturbance within the
fenced area, except as noted below, shall be strictly prohibited.
(a)
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 Land Use Board
will be notified as soon as possible if this is required.
(b)
The Land Use Board 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:
[1]
The grade of the land located within the driplines
shall not be raised or lowered.
[2]
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.
[3]
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.
(c)
Remedies for damage done within the tree protection
zone shall include aeration, mulching, and if necessary, tree or plant
replacement as determined by the Land Use Board depending on the amount
of damage done.
(d)
Any significant tree which is seriously injured
or removed without proper approvals from the affected areas shall
be replaced to the satisfaction of the Land Use Board according to
Table 1 below.
F. Replacement trees.
(1)
Table 1.
|
DBH of Removed Tree
(Inches)
|
Number of Replacements
|
---|
|
From 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*
|
|
NOTES:
*Removal of trees greater than 40 inches DBH
is prohibited without Land Use Board approval. The reason for the
desired removal of trees of such size, an evaluation of potential
alternates to preserve such trees, and explanation of why such alternates
are not feasible shall be demonstrated to the satisfaction of the
Land Use Board prior to consideration of such approval.
|
(2)
Replacement trees shall be nursery grown and
comply with the AAN standards for nursery stock. Caliper shall be
2.5 inches to 3.5 inches.
(3)
Replacement trees shall be of the same or similar
quality and character of the trees removed, and may consist of all
deciduous trees or a combination of both deciduous and coniferous
trees, provided that no more than 25% of the replacement trees are
coniferous. Replacement trees for specimen trees should have the potential
to grow to a similar size.
(4)
Replacement trees may be used anywhere on site, unless explicitly prohibited by law. However, replacement trees required under this chapter shall not be used as substitutes for street trees required under §
90-4.18N(4) of the Land Use and Development Ordinance of South Harrison Township. The following may be considered as replacement trees, subject to approval by the municipal agency:
(a)
Trees planted to meet requirements of other
provisions (e.g., in buffer areas) of the Land Use and Development
Ordinance of South Harrison Township
(b)
Trees planted as part of a reforestation plan
for previously cleared areas of the site.
(c)
Trees planted in a stormwater management basin
or on a lot dedicated to a stormwater management basin.
(5)
In the event that it is unknown how many trees
were removed from any given site, and the removal took place without
a tree removal permit issued pursuant to this section, the number
of trees for which compensatory trees will be required shall be computed
by assuming trees over 12 inches in caliper existed 30 feet on center
and plotting a maximum number of those trees as circles of a fifteen-foot
radius without having the circles overlap or extend beyond the property
lines or driplines of existing trees.
(6)
Replacement will be required for trees that
were intended to be protected that show signs of poor health within
18 months of construction.
(7)
All required replacement trees shall be planted
on the site from which the trees were removed or a variance will be
required.
G. Transplanting existing trees and shrubs. Existing
trees 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.
(1)
The tree or shrub meets the minimum standards
required for that particular landscape requirement.
(2)
The tree or shrub conforms to the minimum requirements
for that species as outlined in the AAN standards for nursery stock.
(3)
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.
H. Tree replacement alternatives.
(1)
All required replacement trees shall be planted
on the site from which the trees were removed. Relief, in the form
of a variance, from any portion or the entire on-site tree replacement
requirement may be granted by the Land Use Board. Any variance relief
shall be based upon the standards set forth in Municipal Land Use
Law, such as practical physical difficulties (i.e. limitations imposed
by drainage conditions, sight triangles, easements; adverse impact
to health of other existing trees or proposed plantings; limitations
created for purpose of public safety) related to conditions of the
site from which the trees are to be removed. The Land Use Board shall
solicit the comments and recommendations of the Township Engineer,
Planner and/or landscape consultant in determining whether the relief
requested by the applicant is reasonable and should be granted.
I. Requirements when tree removal is approved.
(1)
Tree removal shall include cutting, removing
of the tree limbs/braches, trunk, and stump.
(2)
No tree stumps, portions of tree trunks or limbs
shall be buried anywhere in the development or on the site.
(3)
All dead or dying trees, standing or fallen,
shall be removed from the site.
(4)
If trees and limbs are reduced to chips/mulch,
they may, subject to the approval of the Township Engineer, be used
as mulch in landscaped areas.
(5)
All stumps and other tree parts, litter, brush,
weeds, excess or scrap building material, or other debris shall be
removed from the site and disposed of in accordance with all applicable
laws and regulations.
J. Permit approval.
(1)
A tree removal permit is required from the Land
Use Board and/or Planning and Construction Office for removal of any
significant tree as regulated in this chapter.
(a)
Should the proposed tree removal be associated
with a development or improvements requiring approval by the Land
Use Board, a tree removal permit application shall be reviewed and
approved by the Land Use Board with consideration of development review
comments and recommendations presented by the Board Engineer, Planner
and/or Environmental Commission. The Land Use Board shall not be bound
by the recommendations of the Board Engineer, Planner and/or Environmental
Commission. If approved, a permit for tree removal shall be issued
by the Construction Official at the time of the issuance of a building
permit or demolition permit. The tree removal permit shall be valid
for one year.
(b)
Should a waiver from Land Use Board approval be applicable and/or if proposed disturbance does not require specific approval from the Land Use Board, a tree removal permit application shall be reviewed and approved by the Township Planning Office and/or Construction Office with review and comment by the Township Environmental Commission. Review and issuance of said permit shall be based on the standards in Subsections
D through
H above and shall be valid for one year.
(2)
Application fee. The permit shall be obtained
from the Construction Official upon approval of an application made
thereto and a fee as calculated below shall paid with each application.
The fee shall be as follows:
|
Number of Trees
|
Fee
|
---|
|
2 to 10
|
$100
|
|
11 to 20
|
$200
|
|
21 to 50
|
$400
|
|
51 and over
|
$1,000 plus an additional $100 for each additional
5 trees above 51 or part thereof
|
(3)
Where the permit application is submitted as
part of an application for development to the Land Use Board, the
time for decision on the application shall be governed by the requirements
applicable under Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq).
(4)
Where the permit application is not submitted
as part of an application for development, a decision on the application
shall be made within 30 days of the receipt of a complete application,
or within such additional time as is agreed to by the applicant.
(5)
Should site limitations or special circumstances prevent compliance with these standards, the applicants may seek a variance from complying with these standards from the Land Use Board in accordance with the provisions of §
90-2.30H.
(6)
Following issuance of a tree removal permit
and during tree removal activities, the Township Engineer or Construction
Official will conduct an inspection(s) to verify compliance with the
tree removal permit.
(7)
Appeal. In the event of denial or any tree removal
permit by the Construction Official/Zoning Officer, the applicant
may appeal that decision to the Land Use Board as provided by statute.
K. Duration of permit approvals.
(1)
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.
(2)
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 Land Use Board, the tree removal permit shall be valid until
an expiration of the building permit.
(3)
If granted for a lot or parcel of land for which
an approval is required from the Land Use Board, 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. and the Township ordinances.
(4)
Once a tree removal permit expires, a new application
must be submitted for review and new permit issued.
L. Exemptions. The following circumstances shall be exempt
from this chapter:
(1)
All lot owners may remove no more than one significant
tree per year, per acre of the lot. For lots less than one acre, one
significant tree per year may be removed. Specimen trees may not be
removed without a permit.
(2)
Trees directed to be removed by municipal, county,
state or federal authority pursuant to law (i.e. replacement of septic
systems or wells; public safety concerns).
(3)
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.
(4)
Removal of trees which are causing structural
damage to buildings or foundations.
(5)
Pruning of or removal of trees within the right-of-way
by utility companies for maintenance of utility wires or pipelines
and the pruning of trees within sight easements.
(6)
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.
(7)
Tree nurseries, orchards and properties with
a state-approved forest management plan.
M. Violations and penalties.
(1)
Any person that violates any provision of this
section shall, upon conviction thereof be subject to a fine of up
to $1,000 per violation or up to 90 days in jail, or both.
(2)
Each day the violation continues after the violator
has been made aware of the violation shall constitute a separate offense.
Each tree removed in a manner contrary to this section shall be deemed
a separate offense.
[Added 7-9-2008 by Ord. No. 0-08-18]
A. Purpose. The purpose of this section is to prevent
the erection of dwellings or other structures in areas unsuitable
for building sites; to minimize danger to public health by protecting
watersheds; to discourage erosion of soils by maintaining adequate
foliage cover on hills; and to promote the perpetuation of open space
on hillsides. Slope areas may be located within any zoning district
in the Township.
B. Designation of areas.
(1)
The steep slope areas shall include all areas
in the Township in which the slope is 15% or more, as indicated on
the current topographic maps of the U.S. Geological Survey or on a
recent topographical survey prepared on behalf of any property owner.
Slope calculation shall be based on contour intervals of 10 feet in
accordance with standard engineering procedures.
(2)
Areas subject to steep slope and stream area
restrictions shall be indicated on a map maintained by the Township
and available to the Zoning Officer and Land Use Administrator.
C. Uses permitted. The following uses are the only uses
permitted in areas subject to steep slope and stream area controls:
(1)
Buildings may be constructed in accordance with
the regulations of the applicable zoning district, after consideration
of the conservation design opportunities. No portion of a building
may be constructed on a slope where the grade exceeds 20%.
(2)
Tree farming, forestry and other agricultural
uses when conducted in conformance with conservation practices that
ensure adequate protection against soil erosion.
(3)
Agriculture uses when conducted in conformance
with conservation practices that ensure sufficient protection against
soil erosion.
D. Procedures.
(1)
Any person desiring to change or in any way
modify an existing use of land in an area subject to these controls,
shall supply a statement to the Zoning Officer signifying his intentions
that the intended use of the land will be a use permitted by these
regulations.
(2)
If such change in use involves the construction
of any building, the applicant shall, in addition, furnish the Zoning
Officer with a statement prepared by a registered civil engineer or
surveyor to the effect that the proposed building will not be erected
on any land where the percentage of grade exceeds 20%. No certificate
of occupancy shall be granted until the Zoning Officer has inspected
the building site and determined that the regulations imposed by this
section have been observed.
E. Special exemptions. Single-family residences or a
portion thereof may be constructed on a slope whose grade exceeds
20% if the building is constructed in such a manner which does not
disturb the existing grade and natural soil conditions and where the
applicant can prove a hardship. Such a special exception will be considered
a variance. An applicant shall supply the Land Use Board with the
following and any other information deemed necessary:
(1)
Site plan of the property indicating existing
grades, with contour lines at two-foot intervals, and proposed grades;
(2)
Landscaping plan indicating proposed paved areas,
storm drainage facilities, and ground cover, as well as trees and
ornamental shrub locations;
(3)
Architectural plans, elevations and cross sections;
and
(4)
A statement prepared by a registered architect
stating an explanation of the building methods to be used in overcoming
foundation and other structural problems created by slope conditions,
preserving the natural watersheds and preventing soil erosion.