This article shall be known and may be cited
as the "Shade Tree Ordinance of the Township of Marlboro."
The purpose and intent of this article is to
control and prevent destruction of trees and to control, regulate
and prevent conditions which cause increased surface drainage, sedimentation
and soil erosion, cause decreased soil fertility and impair the stability
and value of real estate, all of which conditions are and will in
the future be a deterrent to public safety, health and welfare. Further,
it is the intent of this article, through the preservation and protection
of trees, to: aid in the stabilization of the soil by the prevention
of erosion and sedimentation; decrease dust and dust generation; reduce
stormwater runoff and the costs associated therewith and replenish
the groundwater supply; aid in the removal of carbon dioxide and the
generation of oxygen in the atmosphere; provide a buffer and screen
against noise pollution; provide protection against severe weather;
aid in the control of drainage and restoration of denuded soil subsequent
to construction or grading; provide a haven for birds, which assists
in the control of insects; provide a haven for wildlife; protect and
increase property values; conserve and enhance the Township's physical
and aesthetic environment; and generally protect and enhance the quality
of life in the general welfare of the Township and its residents.
As used in this article, the following terms
shall have the meanings indicated:
A land use to derive income from growing plants or trees
on land, including, but not limited to, land used principally for
timber production. Agricultural use shall not include land used principally
for another use and incidentally for growing plants or trees for income.
A person who has been examined by the State of New Jersey
Department of Environmental Protection Division of Parks and Forestry,
and proven to be competent in the science and art of diagnosing, treating
and preventing tree injuries. The certification is a document that
ensures that the named individual has the expertise required to be
presented to the public as a certified tree expert.
A plan prepared under the supervision of an engineer, land
planner and/or professional forester setting forth the methodology,
stages, techniques and areas where trees and vegetation are to be
removed for the construction of buildings or other structures, including,
but not limited to, roadways, paving, drainage system, utility excavations,
grubbing and any other necessary clearing operations. Said plan shall
include all trees to be saved within a tree preservation or nondisturbance
area, said trees being all those outside the areas from which trees
are to be removed. The tree preservation area shall include the dripline
around each tree to be saved as determined by the Conservation Officer
or his designee, which shall be marked off to prohibit any damage
to tree branches, bark or root systems by soil compaction caused by
heavy equipment. Said plan shall include the utilization of snow fencing
if determined by the Conservation Officer or his designee.
A plant or tree nursery or farm having trees which are planted
and growing for sale or intended sale (or products for sale) to the
general public in the ordinary course of business. (Wholesale yards
that stock B&B trees are excluded.)
The area in which trees have been designated for cutting,
obtained by traversing the outer boundaries of those trees arid taking
into consideration the delineation of natural boundaries located within
the applicant's property.
The diameter in inches of a tree measured at 4 1/2 feet
above the existing grade.
An imaginary, perpendicular line that extends downward from
the outermost tips of the tree branches to the ground.
A plan (prepared under the supervision of a state forester,
a forester approved by the State of New Jersey or other professional
forester recognized as such by the Society of American Foresters)
which details the management practices proposed to be employed on
a site, including but not limited to, harvesting or land clearing
practices and reforestation, and setting forth the following:
Location and size of the tract.
Type of ownership.
Map of the property showing wetlands, types
of vegetation cover, receiving waters, location of stream crossings
and alternatives, location of skid trails, location of access roads
and landings, cutting boundaries and size of filter or buffer strips.
Property description, including land use and
area of open, crop and wood land; general soil types and erodibility;
range of percent of slope; timber quality and age (forest type, species,
age, dbh, volume and reproduction); and understory.
Description of the timber to be harvested.
Description of regeneration plans.
Description of the intermediate management practices
to be applied.
A plan prepared under the supervision of a state forester
or other professional forester recognized as such by the Society of
American Foresters. Said plan shall describe the area to be harvested
or cleared, its existing forest condition, size, species and volume
of timber being harvested, conservation methods to be used and a plat
map showing the boundary lines of the cutting/harvesting or land clearing
area. Where harvesting or land clearing will occur within 200 feet
from the boundary line of any adjacent property, the applicant shall
list those property owners by name, lot and block number. In addition,
the harvesting or land clearing plan shall contain a description of
equipment and methods to be used in the actual removal of the timber
and further contain a map showing all land areas, skid trails and
logging roads. The harvesting or land clearing plan shall contain
any other requirements that may be recommended by the Shade Tree Committee
upon review of the application.
A tree which has been found by a professional forester, horticulturist
or other professional plantsman to be of notable historic interest
to the Township because of its age, type, size or historic association
and has been so designated and the designation has been officially
made and promulgated as part of the official records of the Township,
county or state.
Those operations where trees and vegetation are removed and
which occur previous to the construction of buildings; e.g., road
right-of-way excavation and paving, lake and drainage system excavation,
utility excavation, grubbing and any and all other necessary clearing
operations.
Any approval granted pursuant to the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq., including, but not limited to, subdivisions
and site plans.
Shall mean either the Marlboro Township Planning Board or
Zoning Board of Adjustment, as applicable.
Any parcel of land located within the boundaries of Marlboro
Township, either improved or unimproved, which shall be designated
as a lot on the Official Tax Map of the Township of Marlboro and any
amendments thereto. All contiguous properties in the same ownership
shall be considered as one lot for purposes of this article.
A signed, notarized statement by the owner or his/her agent
stating that no trees exist upon the site.
Such lands within the Township which are used for horticultural
purposes under a controlled agricultural plan whereby trees are grown
from seedlings or planted saplings with their roots maintained in
their natural state (root systems not balled or otherwise packaged
for sale).
A person or entity who or which, alone or jointly with others,
has legal or equitable title to premises, with or without accompanying
actual possession, including an executor, administrator, trustee or
guardian of an estate, mortgagee in possession or a person under contract.
Application must be made to the Conservation Officer in the
Township Engineering Division for a grading and clearing permit for
the removal of trees 2 1/2 inches or greater in diameter at breast
height (dbh).
Any individual, partnership, corporation, association or
other legal entity, including the plural as well as the singular,
and including all tree removal companies and persons removing trees
on behalf of others.
A graduate of a university or college accredited or affiliated
with the Society of American Foresters with a degree in forestry or
forest management who is formally educated to perform forestry and
who is also a certified tree expert.
A physical structure limiting access to a protected area,
composed of wood or other suitable materials, which assures compliance
with the intent of this chapter. Variations of these methods may be
permitted upon written request to the Township Engineering Division
if they satisfy the intent of this chapter.
The actual removal of a tree by digging up, cutting down
or effective removal through damage.
Mv certain tree or shrub of a certain species or tree or
shrub being of special value based on rarity or historical importance.
A tree which has been determined by the judgment of a professional
forester, horticulturist or other professional plantsman to be of
high value because of the type, size, age or other professional criteria
and has been recorded in the records of the Township, county or state.
The digging up of a tree by a property owner from one place
on his/her property and the planting of the same tree in another place
on the same property.
Any self-supporting perennial, woody plant having a diameter
greater than 2 1/2 inches dbh (diameter breast height) measured
at a point 4 1/2 feet above the ground.
A minimum one inch equals 200 feet scale, aerial photograph
or drawing to scale which provides the following information:
Excepted from the provisions of this article
shall be:
A.
Any trees growing upon any lot or tract of land dedicated
by its owner to the growing and harvesting or land clearing of forest
crops.
B.
Any property qualified under farmland assessment for
a wood lot and in compliance with a wood lot management plan filed
with the Township. Five-day advance notice required to the Conservation
Officer is required.
C.
Any tree growing in a public right-of-way and removed
under the authority of a public agency or utility easement. Utilities
have the right to remove or prune, but they must give the Township
and the Conservation Officer 10 working days' notice. Utilities must
also provide the Township and Conservation Officer with specific information
as to the manner in which the removal will take place (i.e., equipment
to be used, standards to be employed and qualifications of any subcontractor
they plan to employ). This exception will be denied if it is determined
that the utility is not conforming to acceptable forestry standards.
D.
Any dead or diseased tree that is likely to endanger
property as identified by the Conservation Officer, the Township Division
of Engineering or the Township Shade Tree Committee.
E.
Any tree to be removed in accordance with an approved
development plan that includes a land clearing plan approved by the
appropriate Land Use Approval Board and the Conservation Officer,
provided that such trees are removed within one year from final approval
of the development plan and the Conservation Officer's approval, after
which time it shall be necessary to reapply for such approval from
the appropriate Land Use Approval Board and the Conservation Officer.
F.
Agricultural operations are exempt from replacement
requirements, providing the property in question is farmed for a minimum
of five years after the date of clearing. An application must be submitted
prior to clearing. If the property is developed for any other use
before the five-year term expires, the replacement obligation shall
be enforced according to the new use of the property.
A.
It shall be unlawful for any person to commit any
of the following acts to shade or ornamental trees and shrubbery on
streets, highways, parkways, easements and parks and other lands owned
by the Township:
(1)
To remove, cut, break or injure any such tree, shrub
or part thereof, unless approved in writing by the Conservation Officer
in the Township Engineering Division.
(2)
To place any rope, wire, sign, poster or other fixture
on a tree or tree guard unless approved by the Conservation Officer
in the Township Engineering Division. A copy of such approval shall
be forwarded to the Township Business Administrator.
(3)
To plant, set out, take down or remove any tree or
shrub unless approved in writing by the Conservation Officer in the
Township Engineering Division.
(4)
To excavate within 12 feet of any tree or shrub, or
to place any Insert or potentially harmful material or temporary soil
deposit within 25 feet of any tree unless approved in writing by the
Conservation Officer in the Township Engineering Division.
B.
Written approval by the Conservation Officer in the Township Engineering Division under Subsection A(1) through (4) preceding shall be given only in response to a request, in writing, showing good cause and shall be given on clearly stated terms and conditions satisfying the purposes of this article.
C.
It shall be unlawful, with respect to shade or ornamental
trees and shrubbery on streets, highways, parkways, easements, parks
and other lands owned by the Township, for any person:
(1)
To damage, misuse or remove any device placed to protect
any such tree or shrubbery.
(2)
To permit any animal to injure or destroy any such
tree or shrubbery.
(3)
To pour any salt water or other chemical near or upon
any tree or permit any fire, road roller, bulldozer or other equipment
to stand or operate in such a manner as to injure a tree.
(4)
To backfill over the existing root system of a mature
tree, raising the grade and compromising the viability of the root
system.
A.
Application procedures. Any person seeking to destroy, cut or remove any tree in excess of eight inches dbh shall apply to the Conservation Officer in the Township Engineering Division for a permit to remove such trees, unless excepted in accordance with § 337-13. The applicant shall identify the lot or lots upon which the trees are located and shall disclose the name and address of the owner, tenant or authorized agent of said owner or tenant and shall identify the location, species and size of said trees to be cut, removed or destroyed on a land use approval plan or survey. Said plan shall be reviewed upon payment of a fee as a set forth by the Conservation Officer in the Township Engineering Division.
B.
No cutting of trees for firewood, pulpwood, sawlogs or other commercial wood products shall be conducted unless the owner of the premises in question or his/her agent first obtains a permit for such cutting, unless excepted in accordance with the terms of § 337-13.
C.
All applicants must file their application with the
Conservation Officer in the Township Engineering Division. Copies
of the application and supporting documents are to be forwarded by
the Conservation Officer in the Township Engineering Division to the
Township Shade Tree Committee for review. All applicants for such
permits shall submit a detailed harvesting or land clearing plan in
accordance with the definition as set forth in this article. The application
shall identify lot or lots upon which trees are located and, shall
disclose the name and address of the owner, tenant or agent and shall
identify location, species and size of said trees to be cut, removed
or destroyed. Prior to the submission of the harvesting or land clearing
plan, each applicant shall physically mark with red paint at diameter
breast height (dbh) all trees on the site to be cut. In the event
that any tree harvesting or land clearing is part of an overall forest
management or agriculture plan, the applicant shall at the same time
of submission of the harvesting or land clearing plan submit a copy
of the management plan. The applicant shall notify all owners of property
adjacent to the boundary lines of the property for which an application
is sought if the intended harvesting or land clearing will be carried
on within 200 feet of the boundary lines. Said notice shall be sent
to owners within 10 days by certified mail, return receipt requested,
of the submission of an application to the Township. The applicant
shall obtain the names and addresses of said owners from the records
of the Tax Collector's or Assessor's Office of the Township. The Conservation
Officer and the Township Shade Tree Committee shall consider in particular
the impact of cutting upon fire prevention and protection, conservation
and ecological considerations and site rehabilitation. Upon the granting
of a permit by the Conservation Officer in the Township Engineering
Division, the Shade Tree Committee may recommend such requirements
deemed necessary to fulfill the conditions and purposes of this article
as described hereinabove. All permits shall expire one year from the
date of issue unless the Conservation Officer, in consultation with
the Township Engineering Division, determines that, based upon the
harvesting or land clearing plan and management plan, the permit should
be shorter or longer than one year, then the permit shall expire on
the date fixed by the Township Conservation Officer.
D.
In cases where land use approval is required, the
Conservation Officer shall forward the application to the appropriate
Land Use Approval Board, and no permit shall be issued by the Conservation
Officer until the land use approval has been obtained from the appropriate
Land Use Approval Board.
E.
In addition to the above requirements, should the
developer decide to sell, as timber, any trees removed pursuant to
permit, then, at the time of filing the application, the applicant
shall post with the Township Clerk a performance bond equal to 10%
of the value or anticipated value of the sale of the timber to be
harvested or $5,000, whichever number shall be greater. In the event
there is no sale or anticipated sale, the applicant shall post a bond
in the amount of $1,000. The Township Engineering Division, in consultation
with the Conservation Officer, shall have the right to reduce the
amount of bond required if, in his/her opinion, the harvesting or
land clearing operation will not cause any impact or only a minimal
adverse impact upon any public or private property. Said bond may
be deposited in cash or be posted by a recognized and licensed surety
company licensed to do business in of the State of New Jersey. If
the bond is posted in cash, it shall be deposited with the Chief Financial
Officer. The Township shall not be obligated to account for any interest
or pay any interest to the applicant. The proceeds from said bond
shall be used to repair any damage done to public or private property
as a result of the harvesting or land clearing operation and which
is not repaired by the applicant. Upon completion of the harvesting
or land clearing operation for which the permit was granted and issuance
of written authorization for release of the bond by the Township,
said bond or the balance of same shall be released to the applicant.
Nothing herein shall restrict the liability of the applicant for any
damage caused directly or indirectly as a result of the harvesting
or land clearing operation.
F.
Once a decision regarding a permit is made, the Conservation
Officer in the Township Engineering Division or the appropriate Land
Use Approval Board shall notify the applicant in writing of the decision.
If the determination is to deny the application, the written notification
shall include reasons for the denial.
G.
In addition to the information required in connection
with applications as set forth above, an aerial photograph of suitable
quality (minimum one-inch equals 660 feet) (available through the
Monmouth County Planning Board at a nominal charge) to facilitate
land use approval review or a tree survey as defined herein shall
be required for tracts of land 50 acres or more for which tree removal
authorization is being requested.
H.
Alternate land use approval information. In the event
that there are no trees 2 1/2 inches or greater dbh located on
the site which are required to be protected under the provisions of
this article, the applicant shall state same in his application for
a "no tree verification." If such statement is substantiated by an
inspection of the site by the Conservation Officer of the Township
Engineering Division, the applicant shall be relieved of the necessity
of supplying unnecessary or unimportant information such as a tree
survey, aerial photographs and similar information.
I.
Time of permit. Any and all permits issued by the
Conservation Officer or other Township divisions as required by this
article shall be declared null and void if commencement of work so
permitted is not started within a reasonable time, not to exceed six
months. In no case will the permit be valid for more than 12 months.
Permits not used within this period will become null and void, and
future work will require a new application. For purpose of this section,
a permit shall no longer be valid when the work authorized by the
permit is completed.
J.
Field check recommendation. In all cases, the tree
removal application may be field checked with an on-site inspection
by the Conservation Officer or his designee prior to issuance of a
permit.
K.
Conditions for issuance of permits. The Conservation Officer shall issue a permit after an application is filed with the Conservation Officer in the Township Engineering Division for the removal or relocation of trees or clearing if one or more of the following criteria is met, and provided that none of the conditions set forth under Subsection K(2) exists:
(1)
Criteria for removal.
(a)
The tree is located in an area where a structure
or improvement will be placed according to an approved plan, which
unreasonably restricts the economic enjoyment of the property and
the tree cannot be relocated on the site because of age, type or size
of the tree.
(b)
The tree is dead, diseased, injured, in danger
of falling, is too close to existing or proposed structures, interferes
with existing utility service, creates unsafe vision clearing or conflicts
with other chapters or regulations.
(c)
The tree is to be removed for harvesting as
a product useful to people, or for the purpose of making land available
for farming or other useful or productive activity, is to be removed
in furtherance of an approved forest management plan or soil conservation
plan or to serve some other useful or beneficial purpose.
(d)
Trees in private rights-of-way and driveways
of the planned paved area. Alignment of the driveway and utility installation
should be planned to save as many trees as possible.
(e)
Trees in the location of a sewage system and
disposal field, solely if such system cannot be relocated.
(f)
Where more than six inches of fill is required
around trees, the trees must be protected by an air well and/or retaining
wall.
(g)
All development shall consider the use of treeless
areas, if possible, for building sites. If it is necessary to develop
wooded areas, the Township will specify requirements for planting
in the treeless areas.
(h)
Trees in the area between the street line and
the setback line of the buildings shall be preserved to the greatest
extent possible.
(i)
Tree removal from any slope or environmentally
sensitive area is prohibited if it will contribute, in the opinion
of the Conservation Officer in the Township Engineering Division,
to extra runoff of surface water onto adjoining property and erosion
and silting, unless other means approved by the Monmouth County Soil
Conservation District are provided to prevent runoff and erosion.
(j)
No tree removal is permitted that will expose
vacant land, backs of existing billboards, utility substations, transmission
towers, shopping centers, warehouses, junkyards, landfill operations
and other similar structures or commercial operations, except where
trees are dead or diseased and/or endanger life or property;
(k)
No healthy tree that is special by virtue of
history, unusual size or age or of a rare species, i.e., an "heritage
tree" as defined hereinabove, shall be removed except as may be required
for the protection of health, safety or public welfare. A list of
heritage trees designated by the Township shall be maintained at the
office of the Marlboro Township Clerk, the appropriate Land Use Approval
Board and the Engineering Division and shall be consulted by any prospective
developer or person before making application to remove any trees,
as defined herein.
(l)
Trees may be removed to clear for soil removal
or landfill, provided that the same amount of wooded area or the same
number of trees are replaced according to an approved plan. If the
finished operation is planned to be used for other development, the
replacement of trees shall be at the discretion of the Conservation
Officer which may include it as part of the land use approval plan
submitted for approval by the appropriate Land Use Approval Board;
(2)
Professional evaluation. The Conservation Officer
in the Township Engineering Division may consider significant adverse
impact in the following areas on the natural environment in granting
a permit and may deny the permit if one or more of the following conditions
exist: adverse alteration of ground and surface water characteristics;
substantial negative alteration of water quality or aquifer recharge;
substantial adverse ecological impact; significant increase in noise
pollution; significant increase in air and dust movement; substantial
adverse impact on air quality; significant reduction in available
wildlife habitat; or adverse effect on the property values caused
by aesthetic degradation.
(3)
Basis for denial. The Conservation Officer in the
Township Engineering Division or the Land Use Approval Board, upon
a determination that an application is to be denied, shall state the
basis for such denial specifically and shall notify the applicant
of the criteria upon which said denial is predicated.
(4)
Any violators of criteria for removals will be subject
to restitution requiring replacement of tree(s) equal to caliper or
value of those illegally removed as determined by the Conservation
Officer in the Township Engineering Division.
L.
In addition to the above requirements, the applicant
shall submit a certificate of insurance at the time of the filing
of the application, which certificate shall certify that the applicant
and any contractors to be hired by him/her have in effect such public
liability and property damage as shall protect him/her, the contractor
and the Township of Marlboro from any and all claims for damages for
personal injury, including accidental death, as well as from claims
of property damage which may arise from the work to be performed under
the permit. The amount of such insurance shall not be less than the
following:
M.
Data required for tree clearing plan. Every plan submitted
for approval shall be in the form of a map and exhibits indicating:
(1)
Tax Map lot and block number.
(2)
Area of tract.
(3)
Location of trees or wooded area.
(4)
Number of trees or percent of stocking (trees per
acre).
(5)
Species involved.
(6)
General slope and topography, taken from a recognized
map of such features.
(7)
Location of streams and wetlands.
(8)
Map of locations and surrounding properties showing
wooded areas.
(9)
A list of trees to be planted, preferably selected
from current acceptable plant varieties.
(10)
Tree removal plan and tree planting plan in
relation to principal and accessory buildings, septic systems, roads
and driveways, parking lots, garden areas, and so forth, showing also
the relation to survey stakes.
(11)
Location of buildings.
(12)
Location of roads, driveways, parking lots,
staging areas, recreation areas and garden areas.
(13)
Grading plans.
(14)
Schedule for tree removal and planting.
(15)
Provision for removal of excess stumps and branches
from the property.
(16)
Provide a Mylar (or similar transparent material)
overlay indicating the exact location of all trees greater than eight
inches in diameter; must be prepared to the scale of other plans.
A.
It shall be unlawful for any person in the construction
of any structures or other improvements to place solvents, material,
construction machinery or temporary soil deposits within 12 feet of
or outside the dripline, as defined herein, whichever is greater,
of any tree trunk having a two-and-one-half-inch or greater dbh.
B.
Before development, land clearing, filling or any
land alterations, a permit will be required to erect suitable protective
barriers, and this protection, where required, shall remain until
such time as the protection is authorized to be removed by the Conservation
Officer. Also, during construction, no attachments or wires shall
be attached to any of said trees so protected. Wood, metal or other
substantial material shall be utilized in the construction of barriers.
Barriers will be required for all trees being protected, except in
the following cases:
(1)
Street right-of-way and utility easements may be fenced
by placing stakes a minimum of 50 feet apart and tying fence from
stake to stake along the outside perimeters of such areas to be cleared.
Attachments of any kind to any tree are not permitted.
(2)
Large property areas separate from the construction
or land clearing area into which no equipment will venture may also
be fenced off as above. For any tree or trees that have been directly
or indirectly damaged by any activity, the responsible party shall
make a reasonable restitution at the discretion of the Conservation
Officer.
The following restriction shall apply to the
cutting of trees within the boundaries of Marlboro Township:
A.
No cutting of trees of any size shall take place within
50 feet of any state, county or municipal improved roadway or street,
except that a property owner may be permitted to thin trees within
said fifty-foot border and cut crippled or deceased trees within said
border upon approval by the Conservation Officer in the Township Engineering
Division.
B.
No cutting of trees of any size shall take place within
25 feet of any permanent or intermittent stream.
C.
A culvert, approved by the Township, shall be required
for all road stream crossings. Such culvert shall be installed before
cutting and removed after the job is complete.
D.
Trees of less than the minimum diameter prescribed
in this article shall not be cut for any purpose except as required
for site clearing for new construction; clearing of public rights-of-way;
cutting of crop tree in accordance with a plan approved by the Conservation
Officer in the Township Engineering Division which may include trees
of less than the minimum diameter; or thinning, subject to the approval
of the Conservation Officer.
A.
For any tree or shrub designated under this section
that is located on a site being considered for land use approval,
the Township Shade Tree Committee may recommend that, as condition
of final approval of the Land Use Approval Board, the developer shall
be required to grant a preservation easement to the Township of Marlboro.
A.
Permits. The fee for tree removal shall be $35 per
five or fewer trees and $100 for six or more trees, provided that
all of the terms and conditions contained in this section have been
satisfied. Should there be any exceptions or other conditional factors,
additional fees or charges as described hereinbelow may be assessed.
[Amended 2-25-2016 by Ord. No. 2016-4]
B.
Tree escrow fund established.
(1)
A tree escrow fund shall be established by the Township
to receive and disburse replacement tree contributions under the supervision
of the Township Chief Financial Officer and to be used to comprise,
in whole or in part, the salary for the Conservation Officer, at the
discretion of the Mayor and Council, for the planting of new trees
and replacement trees. Appropriations from the tree escrow fund shall
be authorized by the Mayor and Council in accordance with the municipal
tree planting plan. The escrow fund shall be funded by contributions
from developers and the fines collected for any violations of this
chapter. The amount of the contributions to be provided shall be determined
by the Conservation Office in consultation with the Township Engineering
Division.
(2)
Except as otherwise provided herein, the initial cost
of any and all trees planted by the Shade Tree Committee, including,
but not limited to, the cost of planting, posts, boxes and/or guards
used for the protection thereof, shall, if the Conservation Officer,
with the recommendation of the Shade Tree Committee and approval of
the Mayor and Council so determines, in accordance with uniform rules
and regulations promulgated for this purpose, be a charge upon the
real estate in front of which such tree or trees shall be planted
as an improvement thereof. Such cost shall, unless it is determined
that it is to be paid by the owner of such property directly to the
Conservation Officer for the Township tree escrow fund, be certified
by and to the Township Tax Collector and shall then become and be
a lien upon such real estate and shall be included in the next tax
bill rendered to the owner or owners thereof and be collected in the
same manner as other taxes against that property and deposited in
the Township's tree escrow fund.
C.
Replacement trees. Any trees removed pursuant to this
chapter, unless exempt, shall be replaced by replanting or by a monetary
contribution based on the following valuation:
(1)
Replanting or monetary contribution chart.
|
Trees to be Removed
|
Replacement Trees
| |||
|---|---|---|---|---|
|
Caliper
(inches)
|
Number of Trees
|
Caliper or Dollar Amount
(inches)
| ||
|
One greater than 4 and up to 12
|
1
|
2 to 2 1/2
|
$240
| |
|
Two greater than 4 and up to 12
|
1
|
3 1/2 to 4
|
$480
| |
|
One greater than 12 and up to 18
|
2
|
2 to 2 1/2
|
$440
| |
|
One greater than 18 and up to 24
|
2
|
3
|
$840
| |
|
One greater than 24
|
4
|
3
|
$1,680
| |
(2)
The applicant will receive a one-for-one replacement
tree credit should stands of 10 or more trees greater than 2 1/2
inches in caliper be preserved within the limit of disturbance line.
(3)
All replacement trees shall be planted on site in
accordance with the foregoing. However, if one or more of the following
conditions exist, some or all of the replacement trees may be planted
off site:
(a)
The site in question cannot physically accommodate
the total replacement amount of trees and the applicant contributes
an amount equal to the calculated monetary value of the unreplaced
trees to the tree escrow fund; or
(b)
The Conservation Officer in the Township Engineering
Division and applicant agree in writing that the applicant shall make
payment to the tree escrow fund based upon the above chart; or
(c)
The Conservation Officer in the Township Engineering
Division and applicant agree in writing that the applicant shall plant
replacement trees off site on municipally owned property pursuant
to the municipal tree planting plan.
D.
Criteria for tree removal without replacement trees
on existing developed property. If the application is on behalf of
an existing developed property not exempt from the provisions of this
chapter, and it is disclosed that the total number of trees, other
than specimen trees, to be removed or destroyed on the property which
is the subject of the application is 10 or less, the permit shall
be issued without replacement trees required. Within any one-year
period, permits may be used for removal of a total of no more than
10 trees in the same property without replacement trees being required.
E.
Other exemptions.
(1)
If the application is for a development for which
a land use approval application is required or for which a building
permit to construct a new single- or two-family dwelling on an individual
lot is less than 40,000 square feet, up to 50% of trees on an individual
lot may be removed for the purpose of clearing for the proposed building,
driveway(s) and usable yard space on the building lot(s) only without
replacement trees being required.
(2)
If the application is for a development for which
a land use approval is required or for which a building permit to
construct a new single- or two-family dwelling on an individual lot
is on lots in excess of 40,000 square feet, up to 20,000 square feet
of trees on an individual lot may be removed for the purpose of clearing
for the proposed building, driveway(s) and usable yard space on the
building lot(s) only without replacement trees being required.
(4)
Any tree removed from an area of property to be dedicated
as public improvement, e.g., drainage facilities and public roadways,
shall be exempt from the replacement provisions of this chapter, except
that where private roadways, parking areas or open space are proposed,
all trees are subject to replacement in accordance with this chapter.
F.
Other criteria. The Conservation Officer in the Township
Engineering Division shall approve the removal of a tree, except a
specimen tree, without requiring replacement trees or payment into
the tree escrow fund, if the following criteria apply:
(1)
The tree is located on a parcel for which preliminary
or final land use approval was obtained prior to the adoption of this
chapter and it cannot be relocated on the site because of its age,
type or size.
(2)
The tree is dead, diseased, injured, in danger of
falling, interferes with existing utility service, creates an unsafe
condition or its continued presence conflicts with any other ordinances
or regulations.
(3)
No specimen tree shall be removed unless the Conservation
Officer in the Township Engineering Division has obtained the approval
of the Township Council.
G.
Uses of tree escrow fund. Notwithstanding anything contained herein
to the contrary, the tree escrow fund established herein may be used
for any or all of the following purposes:
[Added 7-12-2012 by Ord. No. 2012-19]
(1)
Planting
of new and/or replacement trees on public property.
(2)
Planting
of new and/or replacement trees on private property, provided the
necessary consent(s) and authorization of the property owner(s) has
been obtained.
(3)
Maintenance,
trimming and care of trees on public property.
(4)
Removal
of dead and/or dying trees on public property.
(5)
Removal
of dead and/or dying trees on private property, provided the necessary
consent(s) and/or authorization(s) of the property owner(s) has been
obtained.
(6)
Cutting
and trimming trees on public property.
(7)
Ameliorating
any dangers to life, health or public safety caused by any tree(s).
The applicant shall have the right to appeal
any decision made pursuant to the provisions herein to the Township
of Marlboro in the County of Monmouth within 10 days of receipt of
the decision. Any appeal shall be on written notice, and the Township
Council shall proceed to hear the appeal upon notice to the applicant,
but within 30 days after the filing of the appeal. Upon complete review
of the application and after hearing the testimony of relevant municipal
officials, the applicant and the applicant's experts, if any, the
Township Council may affirm, reverse or modify the aforesaid decision.
No ordinance heretofore or hereafter adopted
by the Township which may authorize any person, municipal board, body
or official to construct, open, pave or repair any sidewalk, curb,
street or highway or to do any similar act shall be construed to permit
or authorize any interference with or injury to any shade or ornamental
tree subject to this article without the written consent of the Conservation
Officer in the Township Engineering Division. In case of emergency
or need for very prompt action, the Construction Code Officer or his
designee may, in the exercise of his/her reasonable discretion, grant
relief from the prohibition set forth in this section.
A.
This article shall be enforced by the Conservation
Officer, who is hereby empowered to cause any and all lands subject
to this article to be inspected and examined to determine compliance
with this article and to order, in writing, the correction of any
condition found to exist therein or thereat in violation of any provision
of this article. The Conservation Officer is hereby further authorized
to cause an appropriate action or proceeding to be instituted in a
court of proper jurisdiction to prevent and enjoin any threatened,
existing or continuing violation of this article or any provision
or section thereof or any standard adopted by the Township of Marlboro.
B.
Any person, firm, corporation or entity found to have violated any provision of this article or any condition imposed in accordance with this article or any specification adopted by the Township of Marlboro or any permit granted pursuant to this article shall be subject to revocation of that permit and any certificate of occupancy or building permit issued in reliance thereon and shall be further subject to the order of the Township or its designee which may direct such person, firm, corporation or entity to cease such violation and to take appropriate corrective action within such time as may be specified by the Township or its designee, or a stop work order will be issued. Any person, firm, corporation or entity found to be in violation of any provision of this article or any condition imposed in accordance with this article or any permit granted pursuant thereto or any specification adopted by the Township of Marlboro be subject to the penalties in § 4-3 of the Code. The removal of each individual tree in violation of this article shall be considered a separate offense. In addition, the court may order restitution (fine and/or appraised value, whichever is greater) and/or replacement of the trees improperly removed.
A.
General.
(1)
Applicants for new construction or reconstruction
or an addition to any existing structure (other than a detached single-family
residence) shall, upon making application for land use approval of
the Land Use Approval Board, also submit a complete landscaping plan,
prepared by a certified landscape architect. The landscaping plan
shall be submitted for review and advice in quadruplicate (one of
which will be submitted to the Conservation Officer and Shade Tree
Committee) and shall specify the location of planting material, their
minimum sizes, quantity, variety and species. The landscaping plan
shall demonstrate the location of all existing shade trees 10 inches
in caliper or greater, five feet above ground level, and all existing
ornamental trees four inches in caliper or greater, one foot above
ground level, on an overlay which may be placed over the landscaping
plan. The character of buffer areas and screen devices, including
dimensions and the arrangements of areas devoted to plantings, lawns,
trees and shrubs, must be shown on the land use approval plan. Existing
trees 10 inches in diameter or greater shall be retained within the
development unless such retention results in unreasonable burden upon
the developer as determined in the sole discretion of the Conservation
Officer.
(2)
A minimum of 25% of the area shown on the land use
approval plan shall be reserved for landscaping, which shall be reasonably
distributed within the area, and which shall include foundation plantings
in suitable planting beds not less than three feet wide on the front,
sides and rear of any building structure. Such foundation plantings
shall be of suitable size in proportion to the size of the building
structure and shall be subject to the approval of the Conservation
Officer. The requirements of this subsection shall be in addition
to the requirements as set forth herein for parking buffer zones and
shade trees in the shade tree right-of-way.
(3)
Parking areas, 1/10 of the total of such area or 1,000 square feet within each 10,000 square feet of paved area shall be landscaped with planting material reasonably distributed in the area. Any landscaping counted within this area shall not be considered as fulfilling the percentage of coverage of landscape requirements of this article as set forth in Subsection A(2) above. Landscaping in parking area shall be located in protected areas, such as along walkways, in center islands, at the end of bays or in diamonds between stalls. Such protected areas shall be constructed so as to prevent damage to plant material from vehicles.
(4)
One approved shade or ornamental tree as defined in
the planting specification adopted by the Township Engineering Division
shall be planted for every five parking places. These shall be reasonably
distributed in parking areas in any landscaped areas combined with
shrubbery. The base of each tree shall be left free of pavement for
a diameter of not less than seven feet. No paving shall be placed
within 12 1/2 feet of any existing tree to be retained which
is 10 inches or greater in diameter.
(5)
Parking areas must be shaded by deciduous trees (either
retained or planted by the developer) that have or will have when
fully mature a trunk at least 12 inches in diameter. New trees shall
be of a type suitable and adaptable to a parking lot for shading.
(6)
Each tree shall be capable of shading a circular area
having a radius of 15 feet with the trunk of the tree as the center.
There must be sufficient trees so that, using this standard, 35% of
the parking area will be shaded.
(a)
All remaining areas not classified on the land
use approval plan as parking, buildings or structures, buffer or foundation
planting zones shall be suitably graded and landscaped with grass,
ground cover, trees, shrubs and other suitable plants in a manner
most compatible to the area and consistent with the aesthetic considerations
of this article.
(7)
Approved shade trees shall be planted along all roads, drives and parking areas in accordance with the specifications. One tree shall be required for each 50 feet of frontage or designated area. Trees shall be located an average distance of 50 feet apart, not less than 35 feet nor more than 75 feet, and 10 feet from a line that is directly under any utility lines and five feet from utility boxes. Trees shall be planted in the shade tree right-of-way, which is the area eight feet to 10 feet in from the sidewalk on the interior or dwelling side thereof. Shade trees shall be a minimum of two inches to 2 1/2 inches caliper, measured at a height of six inches from the ground. They shall be live, healthy, balled and burlapped, tree-farm specimens with straight, uncut leaders. Shade trees referred to above and in Subsection A(3) shall be selected from among the approved species as defined in the planting specification adopted by the Township Engineering Division.
B.
Buffer zones. Buffer zones shall provide a year-round
visual screen in order to minimize adverse impacts from a site on
adjacent property or from adjacent areas.
(1)
Any use required by this article or requested by the
Land Use Approval Board to provide a buffer zone shall comply with
the following regulations regarding a buffer area and buffer screen.
(2)
Within a buffer area, a solid and continuous landscape
screen shall be planted and maintained. Planted materials in the buffer
zone shall be placed within the buffer and shall be sufficiently large
and planted in such a fashion that a screen at least eight feet high,
occupying 50% of the width of the buffer, shall be produced within
three growing seasons. The buffer may consist of evergreen and deciduous
plants, natural features, bends, fencing, mounds, or combinations,
to achieve objectives. A variety of plant material providing seasonal
color and interest should be provided. Possible arrangements of plant
material include plantings in parallel, serpentine or broken rows.
If planted berms are used, the minimum top width shall be four feet
and the maximum side slope shall be two-to-one. The intense density
of the buffer screen may be reduced by the Land Use Approval Board
if it is found that the proposed use is visually attractive and not
detrimental to the appearance of the neighboring uses.
(3)
Within any buffer zone, no use, activity or sign shall
be established other than in accordance with Township Code.
(4)
Any commercial use required by this article or requested
by the Land Use Approval Board to provide a buffer zone to separate
such use from another commercial use or from industrial use shall
be required to provide a greenbelt between said uses consisting of
an area or strip of land not less than eight feet and no more than
50 feet which shall be landscaped in accordance with the Township
planting specifications for buffer areas with a minimum of a single
row of massed evergreen supplemented by deciduous trees and shrubs.
(5)
Any industrial, commercial or school use which shall
be required by this article or requested by the Land Use Approval
Board to provide a buffer zone to separate such use from a residential
use shall provide a buffer area, consisting of a strip of land 50
feet in width, which shall be landscaped in accordance with the regulations
herein set forth and in accordance with the shade tree planting specifications
for buffers and with a minimum row of massed evergreens, deciduous
trees and shrubs.
(6)
In all areas where a buffer zone is required by this
article, permanent curbing shall be installed simultaneously with
the installation of landscaping and screening for the protection of
the buffer zone.
C.
Residential sites. Landscaping, grass and shade tree
installation shall be installed in the course of the development of
any residential site in accordance with the planting specifications
adopted by the Township.
D.
The landscaping shall be installed and provided in
accordance with the approved plan.
E.
A developer shall not be permitted to excavate land
or remove trees, shrubs and other plantings from a proposed building
site or tract of land to be subdivided or other undeveloped land on
which an application is pending before the Land Use Approval Board
until a landscaping plan has been approved, except that 1% of the
trees and plantings of any tract may be removed to facilitate preliminary
engineering associated with an application by the developer to the
Land Use Approval Board.
F.
Prior to the issuance of a certificate of occupancy,
the applicant or developer of any tract of land or building site shall
be required to post a performance bond to cover the cost of such landscaping
which shall not have been completed prior to such time as the building
erected on such tract or site is ready to be occupied. The amount
of such performance bond shall be established by the Township Engineering
Division with the advice of the Conservation Officer and shall be
posted with the Township of Marlboro. Said bond shall be released
only after the expiration of a twenty-four-month period following
certification by the Township Engineering Division, with the recommendation
of the Conservation Officer, that the total landscaping plan as previously
approved has been completed.
G.
A certificate of occupancy shall not be issued by
the Building Inspector until all requirements of this article have
been met, unless the applicant or developer shall furnish written
notice to the Township that all landscaping shall be completed during
the first planting season after initial occupancy.
H.
Builder shall disclose, via a separate forestry survey (to be included with all residential and commercial closing documents), all existing trees that need to be retained, as well as the 25% of the property designated for landscaping. All buffer zones and other areas subject to the landscaping requirements of this article, including all trees, shrubbery, grass and fences located therein, shall be properly maintained for a period of 12 months following certification by the Conservation Officer in the Township Engineering Division that the total landscaping plan as previously approved has been completed. At the time of said certification, the applicant or developer shall post with the Township a maintenance bond in an amount equal to 1/2 of the total cost of the installation of all landscaping required by this article. Said maintenance bond shall be in addition to any performance bond required under Subsection F. All plantings which shall fail to survive for a period of 24 consecutive months following certification by the Conservation Officer in the Township Engineering Division shall be replaced by the applicant or developer at its expense. Such replacement shall be made within 60 days following a written demand for replacement issued by the Township or within such extended period of time as may be specified. Such replacement planting shall conform to the standards applicable to original plantings as set forth in this article.
