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:
APPLICANT
Any "person," as defined below, who applies for approval
to remove trees regulated under this chapter.
BUFFER AREA
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.
NUISANCE TREE
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.
PERSON
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
PLANTING STRIP
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.
REPLACEMENT TREE
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.
STREET TREE
A tree planted in the sidewalk or a planting strip in the
public right-of-way.
TREE
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 OF SIGNIFICANCE
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
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.
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.
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.