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:
AGRICULTURAL USE
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.
CERTIFIED TREE EXPERT
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.
CLEARING PLAN
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.
COMMERCIAL NURSERY, ORCHARD or TREE FARM
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.)
CUTTING AREA
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.
DRIPLINE
An imaginary, perpendicular line that extends downward from
the outermost tips of the tree branches to the ground.
FOREST MANAGEMENT PLAN
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:
A.
Location and size of the tract.
C.
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.
D.
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.
E.
Description of the timber to be harvested.
F.
Description of regeneration plans.
G.
Description of the intermediate management practices
to be applied.
HARVESTING or LAND CLEARING PLAN
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.
HERITAGE TREE
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.
LAND CLEARING STAGE
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.
LAND USE APPROVALS
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.
LAND USE APPROVAL BOARD
Shall mean either the Marlboro Township Planning Board or
Zoning Board of Adjustment, as applicable.
LOT
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.
NO TREE VERIFICATION
A signed, notarized statement by the owner or his/her agent
stating that no trees exist upon the site.
NURSERY, ORCHARD or TREE FARM
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).
OWNER
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.
PERMITS
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).
PERSON
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.
PROFESSIONAL FORESTER
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.
PROTECTIVE BARRIER
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.
REMOVE or REMOVAL
The actual removal of a tree by digging up, cutting down
or effective removal through damage.
SPECIAL VALUE TREE
Mv certain tree or shrub of a certain species or tree or
shrub being of special value based on rarity or historical importance.
SPECIMEN TREE
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.
TRANSPLANT
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.
TREE
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.
TREE SURVEY
A minimum one inch equals 200 feet scale, aerial photograph
or drawing to scale which provides the following information:
A.
Location of all forest types protected under
the provisions of this chapter, plotted by accurate techniques;
B.
The common name of all trees;
C.
The average diameter at breast height.
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.
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.
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.