[HISTORY: Adopted by the Township Council
of the Township of Stafford 7-1-1986 by Ord. No. 86-34; amended in its entirety 6-27-2023 by Ord. No. 2023-21. Subsequent amendments noted where applicable.]
The short title of this chapter shall be the "Tree Ordinance,"
and this chapter shall hereafter be cited or referred to for purposes
of amendment or otherwise by said title.
For the purpose of this chapter, the following terms, phrases,
words, and their derivations shall have the meanings stated herein:
Any "person," as defined below, who applies for approval
to remove trees regulated under this chapter.
The distance from the side and rear property lines, beginning
at the front setback line of the lot and running to the rear line,
in the case of the side lines, and for the entire width of the rear
line. For specific buffers, refer to the existing Zoning Ordinance.[1]
The diameter of the trunk of a tree generally measured at
a point 4 1/2 feet above ground level from the downhill side
of the tree.
A person(s) who owns a residence.
Any tree, or limb thereof, that has an infectious disease
or insect; is dead or dying; obstructs the view of traffic signs or
the free passage of pedestrians or vehicles; is causing obvious damage
to structures (such as building foundations, sidewalks, etc); or threatens
public health, safety, and welfare.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
The part of a street right-of-way between the abutting property
line and the curb or traveled portion of the street, exclusive of
any sidewalk.
A tree that must be planted or replanted if a person removes
a tree in accordance with this chapter. A replacement tree must be
one or more of the living trees that are native to Ocean County as
referenced on the Rutgers University COOP Native Tree list, which
is incorporated into this chapter as an appendix.[2]
A tree planted in the sidewalk or a planting strip in the
public right-of-way.
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.
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.
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, and improper grading and/or soil compaction 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.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
The provisions of Chapter 194 shall apply to all lands within the Township which are the subject of a construction permit for a new residence, addition, minor subdivision, major subdivisions or minor or major site plan approval of the Planning Board or Board of Adjustment.
A.
Permit required. No person, including the property owner, shall remove
or destroy or cause to be removed or destroyed by any person, any
tree on land within the Township unless a permit is obtained for such
removal or unless there is an exemption for the property under this
chapter. The administrative office may revoke a permit when there
has been a false or misleading application or for noncompliance with
an approved replacement plan.
B.
Application; fee. A tree removal permit application must be obtained
from, and filed with, the Department of Community Development and
Planning for 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. For new construction of residential building
sites, a filing fee of $25 will be required for each building lot,
or buildable lot, and $25 per acre for nonresidential development.
C.
Application information where no building permit is requested. An
application for a permit for removal or destruction of any tree or
trees where no building permit is requested shall contain the name
of the applicant, the name of the owner of the property, with the
consent of the owner if different from the applicant, the location
of trees on a sketch of the property and the reason for the removal
or destruction.
D.
Application information where building permit is sought; restrictions. A tree clearing permit shall be required for all work within the right-of-way, easements and stormwater management areas. A separate permit for each individual building lot and/or site plan shall also be required. Under no circumstances shall clearing for individual lots occur until all right-of-way, easements, stormwater management areas clearing have been completed and an individual lot clearing permit, including a building specific tree clearing plan has been submitted to and approved by the Department of Community Development and Planning. The Township prohibits removal of any trees within natural habitat buffer areas as per § 130-50.
A.
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 § 194-7 shall be subject to the requirements of the Tree Replacement Requirements Table below.
B.
For applicants, other than "homeowners": Within a five-year period, any person, other than a homeowner, who removes one or more tree(s) with a DBH of six inches or more per acre, unless exempt under § 194-7, shall be subject to the requirements of the Tree Replacement Requirements Table below.
C.
For homeowner applicants: within a five-year period, any person that removes more than three trees per acre that fall into categories 1, 2, or 3, combined, or any one tree in categories 4 or 5 in the Tree Replacement Requirements table below, unless exempt under § 194-7, shall be subject to the requirements of the Tree Replacement Requirements Table below.
D.
The species type and diversity of replacement trees shall be in accordance with the Rutgers COOP Native Tree List, which contains all living trees native to Ocean County. The COOP Native Tree list shall be attached to this chapter as an appendix.[1] In the event a person plants a tree that is not on the
list, it shall be considered a violation of this chapter.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
E.
Replacement tree(s) shall meet the Required Actions in the table
below, and shall be planted within 12 months of the date of removal
of the original tree(s). 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. Trees planted in temporary
containers or pots do not count towards tree replacement requirements.
|
Tree Replacement Requirements
| ||
|---|---|---|
|
Table: Category
|
Tree Removed
(DBH)
|
Required Action
|
|
1
|
DBH of 2.5 inches (for street trees) or six 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
|
|
2
|
DBH of 13 inches to 22.99 inches
|
Replant two trees in accordance with Appendix A, with minimum
DBHs of 1.5 inches for each tree removed
|
|
3
|
DBH of 23 inches to 32.99 inches
|
Replant three trees with minimum DBHs of 1.5 inches for each
tree removed
|
|
4
|
DBH of 33 inches or greater
|
Replant four trees with minimum DBHs of 1.5 inches for each
tree removed
|
|
5
|
Tree of Significance
|
Replant five trees with minimum DBHs of 1.5 inches for each
tree removed. Township reserves the right to deny any application
seeking to remove tree of significance.
|
F.
Replacement alternative. 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:
G.
Right of Township to deny application for removal of tree of significance.
The Township reserves the right to deny any application seeking to
remove a tree of significance.
All persons shall comply with the tree replacement standard
outlined above, except in the following cases listed below. Other
than the removal of nuisance trees, all individuals engaging in the
exempted activities below must notify the Township Administrator,
in writing, and include proper justification for the exemption. Proper
justification includes, but is not limited to, photographic evidence,
certification from a licensed tree expert or arborist, and/or state
agency documentation.
A.
Clearing, cutting, and/or removal of trees which is necessary to
service, maintain, or ensure the continued safe use of a lawfully
existing structure, right-of-way, field, park, and/or garden;
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;
D.
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;
E.
Approved game management practices, as recommended by the State of
New Jersey Department of Environmental Protection, Division of Fish,
Game and Wildlife; and
F.
Nuisance trees may be removed with no fee or replacement requirement.
The provisions of this chapter shall be enforced by the Township
Zoning Officer, Code Enforcement Officer, Township Engineer, Township
Planner and Township Police Department.
Any person(s) who is found to be in violation of the provisions
of this chapter shall be subject to a fine of $500 per tree, in addition
to the cost of planting all replacement trees. The Township reserves
the right to waive the penalty if agreement is reached for violator
to plant replacement trees.
