[HISTORY: Adopted by the Borough Council
of the Borough of Chesilhurst as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-11-2007 by Ord. No. 2006-8]
The intent of this article is to prevent indiscriminate
clear-cutting of trees by property owners, prevent soil degradation,
stream encroachment and other adverse effects upon the environment
during development and promote proper revegetation of any site and
to provide a permit application process for the proper authorization
to remove trees from private property.
As used in this article, the following terms
shall have the meanings indicated:
The certificate issued by the Construction Code Official
upon completion of the construction of a new building or upon a change
in the occupancy of a building which permits the use of a building
in accordance with the approved plans and specifications and which
certifies compliance with the provisions of law for the use and occupancy
of the building in its several parts together with any special stipulations
or conditions of the building permit or approvals granted by any local
agency.
Trees and shrubs authorized by N.J.A.C. 7:50-6.25 to be used
for revegetation or landscaping purposes, or other native trees and
shrubs not listed under N.J.A.C. 7:50-6.25 but adapted to the droughty,
nutrient-poor conditions found in the New Jersey Pinelands.
The minimum area surrounding an established tree which must
be left undisturbed in order to preserve sufficient root mass to provide
the tree with a reasonable chance of survival. Defined as a circular
area surrounding an established tree, of which the center is the center
of the tree trunk and the radius is the distance from the outside
of the trunk to any point 18 times the diameter at breast height (DBH).
The CRZ shall extend to a depth of five feet below surface ground
level.
Perennial tree or shrub which is normally leafless for some
time during the year.
The diameter of any tree trunk, measured at 4.5 feet above
average grade. If a tree splits into multiple trunks below 4.5 feet,
DBH shall be measured at the narrowest point of the trunk below the
split.
Tree or shrub with needles or leaves that remain alive and
on the plant through the winter and into the next growing season.
Classification of a parcel according its potential fire hazard
as set forth in N.J.A.C. 7:50-6.123.
An open unoccupied space (except as permitted herein) on
the same lot with a principal building and extending across the width
of the lot between the front lot line and the front walls or supports
of the principal building, regardless of its configuration.
A dead tree, or one so affected by a significant structural
defect or disease that falling or failure appears imminent and that
poses a threat to life or property, or a tree that impedes safe vision
or traffic flow, or that otherwise currently poses a threat to life
or property, all as determined by a certified arborist at the applicant's
expense.
The installation of plant material or seed as a part of a
development.
Clearing, cutting, grading, excavating, filling, transporting,
or any other activity that alters, eliminates or removes trees on
a lot.
A tree formally designated by the New Jersey Forest Service's
New Jersey's Big Tree Program, New Jersey Division of Parks and Forestry,
which identifies and catalogues the largest individual trees in the
state according to species. A listing of such trees and a map showing
their location is maintained at the principal offices of the Division.
Includes compatible trees of a minimum size of two-and-one-half-inch
DBH and compatible shrubs.
A tree of six-inch DBH or larger, which is not removed from
a lot on which development is occurring.
A practice or combination of practices (e.g., construction
barriers, protective fencing, tree wells, etc.) used to limit or reduce
construction or development impacts to vegetation.
The direct or indirect removal of a tree(s) or vegetation
through actions including but not limited to clearing, cutting, causing
irreversible damage to roots or trunks; poisoning; destroying the
structural integrity of trees or vegetation; filling, excavating,
grading or trenching in the critical root zone; relocating an existing
tree to a new planting location; or the elimination or destruction
through any of these processes of greater than 30% of the height,
size or bulk of an established tree.
A wood plant that has the potential to reach a height of
at least 10 feet, has a single stem and has a definite crown shape.
Small shrubs, herbaceous plants and groundcover plants generally
receiving a height of less than 15 feet at maturity.
A.
Purpose. It is recognized that there is a strong relationship
between the Borough of Chesilhurst's (the "Borough") quality of life
and the integrity of the region's water quality, air quality, natural
landscape and aesthetic amenities. Destruction of the Borough's existing
trees, woodlands and vegetation contributes to increased soil erosion,
sedimentation, stormwater runoff, dust and atmospheric carbon, degradation
of water resources, decreased groundwater recharge, wildlife habitat
and property values, all of which negatively affect the character
of the Borough. The appropriate management of existing vegetation
resources is an important health, safety and welfare concern. Therefore,
it is the intent of this subsection to protect the air, water, natural
landscape and aesthetic quality of the Borough by maintaining, establishing
or reestablishing the maximum possible number of trees, both during
and subsequent to the development of a site, including preserving
larger and older specimens of trees.
B.
Residential development shall comply with the following
schedule of lot disturbance limitations:
|
Lot Size
(square feet)
|
Maximum Lot Disturbance
(measured in square feet)
| |
|---|---|---|
|
Less than or equal to 10,000
|
60%
| |
|
10,001 to 20,000
|
55%
| |
|
20,001 to 40,000
|
40%
| |
|
Greater than 40,000
|
20%
| |
|
All single-family attached and multifamily dwelling
units
|
55% of overall tract/parcel
|
(1)
In addition to the maximum lot disturbance requirements
described in the above schedule, no lot disturbance shall be permitted
within 10 feet of the rear lot line of any lot over 10,000 square
feet.
(2)
In addition to the requirements above, no New Jersey
Big Trees shall be removed from any lot. No lot disturbance shall
occur that interferes with the health of New Jersey Big Trees.
(3)
Notwithstanding the maximum lot disturbance requirements
above, the applicant may remove any hazardous trees on the lot provided
that a certified arborist has verified the hazard and that the Zoning
Officer has approved the removal.
(4)
In moderate, high and extreme fire hazard classification
areas, the above standards apply to the extent they are not inconsistent
with the fire management standards of the Borough.
C.
On nonresidential lots, no disturbance beyond the
following areas of the lot shall be permitted:
(2)
In addition to the requirements above, no New Jersey
Big Trees shall be removed from any lot. No lot disturbance shall
occur that interferes with the health of New Jersey Big Trees.
(3)
Notwithstanding the maximum lot disturbance requirements
above, the applicant may remove any hazardous trees on the lot provided
that a certified arborist has verified the hazard and that the Zoning
Officer has approved the removal.
(4)
In moderate, high and extreme fire hazard classification
areas, the above standards apply to the extent that they are not inconsistent
with the fire management standards of the Borough.
D.
Applicants for development must ensure that the amount
of nonturf vegetation in the front yard meets the following schedule:
|
Lot Size
(square feet)
|
Minimum Nonturf Vegetation in Front Yard
(measured in square feet)
| |
|---|---|---|
|
Less than or equal to 10,000
|
7.0% of lot size
| |
|
10,001 to 20,000
|
9.0% of lot size
| |
|
20,001 to 40,000
|
12.0% of lot size
| |
|
Greater than 40,000
|
16.0% of lot size
|
(1)
The nonturf landscaping requirement shall be met according
to the following specifications:
(a)
This requirement may be met with existing nonturf
vegetation; or
(b)
Where a shortfall exists, either due to development
on previously cleared lots or because of grading or clearing during
development, replacement plantings must be used according to the following
schedules:
|
Schedule A: Mix by Size: per 400 square feet
= 20 points (with at least 1 tree)
| ||
|
(i)
|
Understory deciduous shrub = 2 points
| |
|
(ii)
|
Understory evergreen shrub = 3 points
| |
|
(iii)
|
1.5-inch DBH tree = 2 points
| |
|
(iv)
|
2.5-inch DBH tree = 6 points
| |
|
(v)
|
4-inch DBH tree = 12 points
| |
|
(vi).
|
6-inch DBH tree = 18 points
| |
|
Schedule B: Mix by Point Type
| ||
|
(i)
|
Maximum 90% deciduous
| |
|
(ii)
|
Minimum 10% evergreen
| |
|
(iii)
|
Maximum 50% shrubs
| |
|
(iv)
|
Maximum 25% any one species
| |
(c)
If the shortfall(s)
is less than a multiple of 400 square feet, the additional points
required shall be pro rated, i.e., number of square feet of overage
times 400 times 20.
(d)
The replacement trees and understory vegetation
shall be composed of compatible trees and shrubs as authorized by
N.J.A.C. 7:50-6.25. Other trees and shrubs may be used for limited
ornamental purposes around buildings and other structures, with approval
from the Borough of Chesilhurst Planning Board.
(e)
To the extent practicable, replacement plantings
shall be done in clusters, consistent with what occurs naturally.
In any case, the area surrounding the replacement plantings shall
be covered with a mulch of hardwood chips at least two inches deep
and no more than four inches deep.
(f)
Replacement trees, shrubs and understory vegetation
shall be nursery-grown and comply with American Association of Nurserymen
(AAN) standards. Replacement trees must be planted according to the
following standards:
(g)
In the event that the vegetation marked for
preservation or that installed as part of the replacement plantings
dies within two years from the time construction is completed, the
owner/developer must replace those plantings.
E.
For all residential applications, the initial clearings
will be limited to the clearing necessary to construct all roadways
and drainage facilities only. In no case will the developer be permitted
to clear any building lots during this initial clearing phase. All
building lots may only be cleared on an individual basis upon the
issuance of a building permit.
F.
Most trees can tolerate only a small amount of root
damage. Prior to any land disturbance, all preserved trees shall be
protected from damage during construction using protection measures
that protect the critical root zones.
(1)
Critical root zone protection measures shall meet
the following standards:
(a)
Protective tree fencing shall be installed along
the outer edge of and completely surrounding the critical root zones
of all preserved trees. These fences shall be self-supporting wooden
snow fences or orange plastic construction fences a minimum of four
feet high and shall be accompanied by "Tree Preservation Area" signage;
and
(b)
Clearing within the critical root zone shall
be done only by hand-operated equipment; and
(c)
There shall be no excavation or storage of materials
or equipment, including soil, within the critical root zone; and
(d)
The grade of the land located within the critical
root zone of all preserved trees shall not be raised or lowered more
than six inches unless compensated by welling or retaining wall methods;
and in no event shall welling or retaining wall methods occur within
the critical root zone; and
(e)
Where utilities must be installed through a
critical root zone, such installation shall be done using tunneling
rather than trenching; and
(f)
Physical damage to trunks, branches, foliage
and roots of preserved plant material must be avoided; and
(g)
Nothing shall be nailed or tied to preserved
trees or understory vegetation; and
(h)
The removal of trees adjacent to preserved trees
can cause inadvertent damage to the roots of preserved trees. Whenever
possible, trenches of a minimum width of two feet shall be cut along
the limits of land disturbance so that roots are cut rather than torn.
Tunneling may be required for the protection of New Jersey Big Trees.
(2)
Appropriate protection measures shall be implemented
to protect understory vegetation and other plant material to be preserved.
(3)
Where the Planning Board has determined that irreparable
damage has occurred to preserved trees and/or understory vegetation,
the damaged plant materials must be removed and replaced.
G.
Selective clearing.
(1)
An owner or developer shall remove only such trees,
vegetation and underbrush as is necessary to construct and install
the structure and improvements authorized by the Borough of Chesilhurst
Planning Board. Such clearing shall only be authorized subsequent
to the owner/developer having satisfactorily addressed all conditions
of development approval. All sites shall be developed in a manner
which will result in the least amount of disturbance to the natural
environment.
(2)
A developer may be permitted to perform selective
clearing to remove dead or damaged trees, underbrush and undesirable
vegetation. The areas and extent of selective clearing must be indicated
on the plan of development. All selective clearing must be approved
by the Borough of Chesilhurst Zoning Officer prior to the commencement
of any clearing.
(3)
Where selective clearing is to occur in a required
buffer area of a site or major subdivision, the developer shall be
required to maintain a screening buffer in accordance with the buffer
and landscape requirements as set forth in this article and shall
be required to replace any planting removed in the course of selective
clearing operations, which is required as part of the buffer.
(4)
All selective clearing operations shall be performed
in strict accordance with all applicable state, federal and local
regulations. All cleared material, including but not limited to trees,
branches, stumps, brush, refuse and other deleterious matter, shall
be removed from the site and disposed of in a sanitary landfill licensed
by the State of New Jersey to accept such waste.
H.
Nothing in this article shall be deemed to impose
any liability for damages or for the responsibility of care and maintenance
upon the Borough or upon any of its officers or employees. The owner
of any private property shall be responsible for maintaining the trees
upon his property and under his control in a safe, healthy condition.
Any person who determines that a tree located on property possessed,
owned or controlled by him presents a danger to private or public
safety, or to structural improvements on site or off site shall have
an obligation to secure the area around the tree, support the tree,
and/or to verify with the Zoning Officer that the tree is hazardous
and remove it to safeguard both persons and improvements from harm.
A.
A permit shall not be required under this article
for any of the following:
(1)
Any tree cut on a parcel of land one acre or less
in size on which a residence has been constructed.
(2)
Any tree cut on property actually being used as a
nursery, garden center, Christmas tree plantation, orchard or active
farm (blueberry, produce, etc.).
(3)
Any tree to be cut for personal consumption by the
owner, which consumption shall not exceed one cord per acre per year.
(4)
Any tree cut personally by the owner of the real property,
or a member of the owner's household, at a rate no greater than one
cord from one acre per year.
(5)
Any tree to be cut within a public right-of-way.
(6)
Any dead, diseased or other tree cut to avoid or prevent
the endangering of life or property in the interest of public safety,
or to protect the health of surrounding trees, all as determined by
a certified arborist at the owner's expense, not in excess of five
cords per year without the prior written approval of the Borough.
B.
The clearing of trees from more than 1,500 square
feet of land shall be subject to the requirements of this article
and shall not be considered an exception pursuant to this section.
A.
Permit applications to cut, remove or harvest a stand
of trees within the Borough shall be directed to the Borough through
the office of the Borough Clerk. There shall be submitted therewith
proof of ownership of the property which is the subject of the application
by a certified copy of the deed from the office of the Camden County
Clerk and affidavit establishing identity, with a notarized power
of attorney if the applicant is not the record title owner. The Borough
Clerk shall set forth and establish all rules and regulations required
and deemed necessary to accomplish the purposes of this chapter.
B.
Fees. There shall be an application fee for $50 for
the first 10 acres applied for and an additional fee of $10 per additional
10 acres or any part thereof. Any fees in excess of $50 shall be refunded
in the event of the rejection of the application.
C.
In addition to any requirements established by the
municipality in order to obtain a permit, the application shall also
require approval by the Planning Board, as well as documentation of
payment of all fees of the Planning Board and compliance with the
Borough Clerk's rules, regulations and criteria.
D.
The applicant shall notify, by certified mail, return
receipt requested, and produce evidence of such notification, all
property owners within 200 feet of lands which are the subject of
the application, which notice shall include the nature of the application,
the number of acres involved, the location of the property and the
date of any hearing required by the application.
All permits issued pursuant to this chapter
shall be valid for a period of one year from the date of approval
by the Borough Council. Any alteration or deviation from the cutting
plan authorized in the permit shall require a new application and
approval prior to undertaking the same. In the event that the permittee
shall alter or deviate from the approved cutting plan, the permit
shall forthwith be rendered null and void. Permits issued pursuant
to this chapter are nontransferable.
A.
A violation of any of the provisions of this article
shall forthwith render any permit authorized and issued hereunder
null and void.
B.
Any person violating any of the provisions of this
article shall, upon conviction before the Municipal Judge of the Borough
of Chesilhurst, be subject to a fine of not less than $100 and not
exceeding $2,000, imprisonment for a period not exceeding 90 days
and/or a period of community service not exceeding 90 days.[1]
C.
For purposes of this article, each day on which a
violation exists shall be deemed or constitute a separate offense
and separate complaints may be filed for each such offense.
