[HISTORY: Adopted by the Mayor and Council
of the Borough of Tuckerton 4-17-2006 by Ord. No. 7-2006; amended in its entirety 5-2-2011 by Ord. No.
6-2011. Subsequent amendments noted where applicable.]
A.
It is hereby found and declared that indiscriminate, uncontrolled
and excessive destruction, removal and clear-cutting of trees upon
lots and tracts of land results in increased drainage control costs,
increased soil erosion and sedimentation in the Borough's waterways,
decreased fertility of the soil, degradation of water resources, decreased
groundwater recharge, increased buildup of atmospheric carbon and
increased dust and decreased property values, all of which negatively
impact the character of the Borough.
B.
Finding that the removal of trees adversely affects the health, safety
and general welfare of its residents, the Borough desires to regulate
and control indiscriminate and excessive cutting of trees by preserving
the maximum possible number of trees in the course of the development
of a site, ensuring that the health of the trees preserved on the
site is maintained throughout the development process, protecting
larger, older specimen trees and encouraging innovative design and
grading to promote the preservation of existing trees. It is recognized
that there is a strong relationship between the integrity of the Borough
and area water resources, development on sloped terrain, tree removal,
soil disturbance, stormwater management and the general use of land
resources. Therefore, the appropriate management of these resources
is an important health, safety and general welfare concern.
With the exception of the exemptions set forth in this chapter,
no tree shall be cut or otherwise removed from any public or private
lands within the Borough of Tuckerton without a tree removal permit.
All applications to the Land Use Board for approval of a major subdivision,
minor subdivision or site plan requiring tree removal shall include
an application for a tree removal permit. No tree that was planted
or preserved as part of any landscape plan, streetscape project, or
in accordance with any tree requirements approved in conjunction with
a subdivision or site plan shall be removed, except for such trees
directed to be removed pursuant to this chapter. Any property cleared
of trees prior to the adoption of this chapter which must subsequently
receive approvals by the Land Use Board will be subject to all provisions
related to reforestation, landscape plans and replacement trees.
As used in this chapter, the following terms shall have the
meanings indicated:
The Land Use Board, to whom applications for a tree removal
permit are submitted, and to whom applications for appeals from the
decisions of the Borough Zoning Officer for tree removal permits are
submitted.
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.
A parcel of land upon which a building has been or may be
erected with the Zoning Ordinance.[1]
Standard measure of tree size for trees newly planted. The
measurement is taken six inches above the ground for trees four inches
in diameter or less, and 12 inches above the ground for trees over
four inches in diameter.
The removal of all standing trees on a lot or portion of
a lot.
Three or more trees with a caliper of 3.5 inches located
not more than 10 feet apart.
Diameter of a tree measured 4 1/2 feet (forestry method)
above ground level on the downhill side for existing trees. "Diameter
at breast height" may appear as the abbreviation DBH.
A limiting line established by a series of perpendicular
drop points marking the maximum radius of the crown of a tree but
not less than six feet from the trunk, whichever is greater, and within
which no construction or disturbance shall occur.
A license issued by the Zoning Officer to remove or destroy
trees from any unimproved or vacant land as defined in this chapter.
A nursery-grown 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 Nurserymen.
The removal of trees on an individual basis while leaving
other trees.
A woody plant that is never treelike in habit and produces
branches or shoots from or near the base, such as kalmia, rhododendron,
azalea, viburnum and similar species.
The management of any wooded tract of land to ensure its
continued survival and welfare, whether for commercial or noncommercial
purposes, pursuant to a plan approved by the New Jersey Bureau of
Forestry.
The largest known individual trees of each species in the
State of New Jersey. The NJDEP, Bureau of Forestry, maintains a list
of such trees, which is now incorporated herein by reference. Any
trees which are equal to or larger than said listed trees; also, any
trees so designated by the Tuckerton Environmental Commission.
The removal of undesirable, competitive, diseased or damaged
trees so as to cultivate and improve the development of remaining
trees on the lot.
Any self-supporting woody plant which reaches a typical mature
height of 12 feet or more and has a typical DBH of four inches or
greater.
The top layer or crown of a mature tree.
The wooded lands within a tract which are not specifically
excluded from development by any federal, state, county or municipal
law or ordinance, deed restriction or covenant running with the lands.
For the purpose of this chapter, those lands specifically eliminated
from consideration as wooded acres permitted for development include,
but are not limited to, wetlands as defined by N.J.S.A. 13:9B-1 et
seq.
A.
Permit required. No person, entity or property owner, shall remove,
suffer or cause to be removed or destroyed any tree on land within
the Borough unless a permit is obtained for such removal or unless
there is exemption for the property under this chapter.
B.
Application fee. The permit shall be obtained from the Zoning Officer
upon an application being made and a fee of $25 with each application.
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 property owner (if different) with
his/her consent, 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. For an application
for a permit for removal or destruction where a building permit for
construction is being sought, the property owner shall file with the
site plan a plan showing which trees on the property are to be removed.
A.
Issuance of permits. The permit for tree removal shall be issued
by the Zoning Officer in conformance with the provisions of this chapter.
B.
Reforestation bonds. Prior to the clearing of land or removal of
trees in an area in excess of 20,000 square feet, a zoning permit
must be obtained from the Borough Zoning Officer, except where the
clearing of land and removal of trees is solely for a single-family
residence. Prior to the issuance of a zoning permit, the applicant
shall have furnished the Borough with a reforestation bond assuring
the reforestation of the property.
Each application to the Land Use Board for approval of a major
or minor subdivision or a site plan that requires the removal of trees
shall include an application for a tree removal permit. The application
and development proposal shall conform to the following provisions:
A.
Application form. The application form may be obtained from the Zoning
Officer and shall include the following information:
(1)
Name and address (street, lot, block) of the owner of the premises
and status of legal entity (individual, partnership, corporation).
(2)
Description of the premises where removal is to take place, including
lot and block numbers, street address as assigned.
(3)
A list of all trees to be removed with a DBH equal to or greater
than four inches by size and species, including total number of each
species removed.
(4)
Purpose for tree removal (new construction, street, driveway, utility
easement, recreation area, parking, etc.).
(5)
Proof that there are no delinquent property taxes or assessments
due on the property for which the application is submitted.
(6)
Such other information as may be deemed necessary to effectively
process and decide such application.
B.
Landscape plan. The following shall be provided on a landscape plan
prepared by a registered landscape architect or registered professional
engineer and submitted with the application for tree removal. The
landscape plan must be submitted prior to the tree removal permit
being approved.
(1)
Location of existing tree canopy within the property boundaries.
(2)
Location of individual trees with DBH equal or greater than four
inches identified by size and species within the area of development/limit
or disturbance.
(3)
Location of individual trees with a DBH equal to or greater than
four inches identified by size and species beyond the area of development/limit
of disturbance.
(4)
Location of existing individual trees and their driplines noted for
preservation within the area of development/limit of disturbance identified
by size and species. Where clusters of trees exist on the site or
are contiguous with adjacent sites, fragmentation of the clusters
shall be avoided where possible.
(5)
Location of all required replacement trees.
(6)
Clear labeling of the area(s) intended for tree or vegetation removal.
(7)
Tree protection material details and limit of disturbance line.
(8)
Location of existing and proposed building/structures.
(9)
All bodies of water and wetlands, including water retention and detention
areas.
(10)
Location of all existing driveways and parking areas.
C.
Design requirements.
(1)
Only those trees necessary to permit the construction of buildings,
structures, streets, driveways, infrastructure and other authorized
improvements shall be removed. Existing vegetation shall be preserved
to the greatest extent feasible.
(2)
No more than 60% of the existing canopy within the property boundaries
shall be removed. The location of the remaining 40% of the tree canopy
to be preserved shall be noted on the landscape plan. Steep slope
limits of the disturbance shall supercede this section when appropriate.
The following are exempt from this chapter:
A.
Single-family residential lots.
B.
Any tree that is part of a cemetery.
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, or trees which
have suffered damage, or any tree whose angle of growth makes them
a hazard to structures, roads or human life, with written concurrence
of the Zoning Officer.
E.
Removal of trees which appear to cause structural damage to buildings
or foundations, with written concurrence of the Zoning Officer.
F.
Any tree growing on or over a public right-of-way or public land.
G.
Pruning 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.
H.
Those projects that have received major subdivision or site plan
approval prior to the effective date of this chapter and amended major
subdivision and site plans.
A.
Any person violating or failing to comply with any provision of this
chapter shall, upon conviction thereof, be punishable by a fine of
not more than $2,000, by imprisonment for a term not to exceed 90
days or by community service of not more than 90 days or any combination
of fine, imprisonment and community service as determined by the Municipal
Court Judge. The continuation of the violation for each successive
day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punishable
as provided above for each offense. The court may also order replacement
of trees illegally removed at the sole expense of the cited individual.
B.
The provisions of this chapter shall be enforced by the Borough's
Zoning Officer, Code Enforcement Officer, Engineer and police department.
When any violation of this chapter is observed, the proper official
shall issue a stop-work order until all deficiencies are addressed.
