[Adopted 7-8-2008 by Ord. No. 2008-11]
The following provisions are intended to control and regulate
the indiscriminate or excessive removal, large-scale clear-cutting
and destruction of trees and to control, regulate and prevent conditions
which cause an increase in stormwater runoff, decrease aquifer recharge,
impair the ambiance or physical appearance of an individual property
or neighborhood or unreasonably and/or unnecessarily diminish the
natural vegetative screening or natural landscape viewscapes. These
provisions are not intended to regulate tree cutting on lands with
a state-approved forestry plan or tree cutting associated with a farm-qualified
parcel where the tree removal is necessary for farming operations.
Additionally, these provisions are not intended to restrict an individual
property owner from selectively removing trees that are damaged, diseased
or otherwise hazardous to life and property.
As used in this article, the following terms shall have the
meanings indicated:
BOARD
The Planning Board and Zoning Board of Adjustment.
CALIPER
Standard measure of tree size for trees to be 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.
CLEAR-CUTTING
The removal of all standing trees on a lot or portion of
a lot.
DIAMETER AT BREAST HEIGHT
Diameter of a tree measured 4 1/2 feet (forestry method)
above the ground level on the downhill side for existing trees. Diameter
at breast height may appear as the abbreviation "DBH."
DRIPLINE
A limiting line established by a series of perpendicular
drip points marking the maximum radius of the crown of an existing
tree, but not less than six feet from the trunk, whichever is greater,
and within which no construction or disturbances shall occur.
PERSON
Any person or entity whose existence is recognized by law,
including, but not limited to, any individual, partnership, corporation
(for-profit, nonprofit or municipal and its agencies), municipal employee,
government employee, firm, association or any combination of the foregoing.
REPLACEMENT TREE
A nursery-grown certified 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.
TREE
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.
Exempt from this article are subdivisions, site plans, amended
subdivisions and amended site plans that have been approved prior
to the effective date of this article. Parcels which have obtained
a state-approved forestry plan to operate a forestry management program
on their lot or tract are exempt. Selective removal of damaged, dead
or diseased trees that pose a threat to life or property are exempt
from these provisions. Removal of trees associated with farming operations
and/or construction of farm buildings on a farm-qualified parcel are
exempt from these provisions. Removal of trees for a permitted use
not requiring Planning-Zoning Board approval, i.e., construction of
one single-family residence, are exempt from these provisions. However,
should any of the exemptions above then become the subject of a Planning-Zoning
Board application within two years of said removal of trees, the applicant
shall propose tree replacement according to the tree replacement schedule.
The Township Attorney and Township Engineer shall be consulted
as to the establishment of a bond for the vegetation for the one-year
period. This shall be done as a separate bond that is released upon
the planner's or engineer's inspection and verification as to the
health of the plants. The engineer shall also identify any need for
additional funds for inspection fees based on this section.