[HISTORY: Adopted by the Township Committee of the Township
of Upper Deerfield 11-16-2006 by Ord. No. 580. Amendments noted where
applicable.]
The following definitions shall apply to this chapter:
A tree which has a connection with a historical event, person
or location. Such tree shall be deemed worthy of protection irrespective
of size and shall be considered as a tree regardless of the definition
of "tree" in this section.
Those trees which are identified in Appendix B[1] attached hereto and made a part hereof and shall be considered
a tree irrespective of the definition of size as set forth in the
definition of "tree" in this section.
A woody perennial plant that is smaller than a tree, is never
tree-like in habit and produces branches or shoots from or near the
base of the plant. Such shrubs as kalmia, rhododendron, azalea, ilex,
viburnum, and similar species are intended to represent but not necessarily
include all of the types of shrubs which meet this definition.
Trees which are identified by species as set forth in Appendix
A[2] attached to this chapter and made part hereof. Such trees shall be deemed worthy of protection under this chapter irrespective of size and shall be considered as a tree irrespective of the definition of "tree" below.
Except as otherwise stated in this chapter, a tree is defined
as any living deciduous tree having a trunk of greater than three
inches in diameter measured at 4 1/2 feet from ground level and
any living evergreen tree having a trunk greater than four inches
in diameter measured at 4 1/2 feet from ground level.
[1]
Editor's Note: Appendix B is included at the end of this chapter.
[2]
Editor's Note: Appendix A is included at the end of this chapter.
This chapter shall apply to all applications to the Planning Board of the Township of Upper Deerfield for approval of conditional uses, subdivisions, both major and minor, and site plan, both major and minor, vacant wooded parcels or any other construction for which a construction permit is required and shall be in addition to any and all other requirements of all other sections of Chapter 405, the Township of Upper Deerfield's land use and planning ordinances. This chapter shall not be applicable to land which is zoned for agricultural purposes nor shall it be applicable to already existing residential properties of two acres or less in size, nor shall it apply to a portion of residential properties less than two acres in size immediately surrounding a residential dwelling. This chapter shall be applicable to heritage trees, as defined in this chapter; rare or endangered trees, as set forth in this chapter; and specimen trees, and the chapter shall be applicable to any trees set forth in Appendixes A and B made a part hereof or trees which are at least six inches in diameter for deciduous or four inches in diameter for evergreens 4 1/2 feet above the ground or any tree which is 12 inches or greater in diameter. In addition, this chapter is inapplicable to any trees, shrubs or invasive species which are set forth in Appendix C made a part hereof.[1] In the event of any contradiction between Chapter 405 and the sections of this chapter, the most stringent sections shall apply. This chapter shall not be applicable to any state, county or federal lands within the Township of Upper Deerfield nor shall it be applicable to individual building lots, site plans, or variance applications granted prior to the effective date of this chapter. Parcels developed or to be developed by applications made after the effective date of this chapter shall be subject to this chapter and shall not be clear-cut nor shall trees on such lots or development be destroyed except as hereinafter provided and by a qualified forestry management plan in an application approved by the Planning Board of the Township of Upper Deerfield.
[1]
Editor's Note: Appendix C is included at the end of this chapter.
In addition to all information, plans and documents required
by any other provisions of the Land Use Ordinance[1] of the Township of Upper Deerfield, an applicant desiring
to cut, clear, damage or destroy any trees shall supply the following
information:
A.
A delineation of trees which are to be removed from a site plan or
subdivision shall be shown on the site plan or subdivision plan;
B.
The reason or reasons for the removal or destruction of trees;
C.
The quantity, caliper, size and species of trees to be removed;
D.
Projected dates for beginning and ending of tree removal and of the
development itself;
E.
Name, address and telephone number of person supervising the removal
of trees;
F.
Such additional information as may be required by the Planning Board,
Shade Tree Committee, Environmental Commission, or professionals of
such boards;
G.
Plan for reforestation, when required; and
H.
Photograph of lots and trees to be retained and removed.
Standards for granting or denying subdivision and/or site plan
application and/or variance applications with regard to tree removal
are as follows:
A.
The Planning Board shall be satisfied that the removal or destruction
of any species of tree, including but not limited to specimen trees
or heritage trees which may be unique in age, size, type, location
or historical significance, is required for the effective utilization
of the lands in question and that no possible reasonable alternatives
are available for the preservation, protection or relocation of such
trees.
B.
The Planning Board shall be satisfied that the removal or destruction
of trees and shrubs proposed shall not impair the growth and development
of the remaining trees and shrubs on the lands where the trees are
situate or on adjacent lands or adjacent properties.
C.
The Planning Board shall be satisfied that the removal or destruction
of trees and shrubs proposed shall not cause soil erosion nor impair
existing drainage patterns.
D.
The Planning Board shall be satisfied that adequate precautions shall
be taken with respect to the removal of trees and shrubs, so that
other trees will not be damaged by mechanical removal, that the roots
of the remaining trees will not be damaged, that trees removed will
not be buried or burned and that any dead trees or cut trees shall
not be permitted to become harborage for rats, rodents, nor for other
injurious insects or species that would have a tendency or be likely
to cause harm to the remaining trees on the site or to the habit or
ecology of the site, parcels or subdivision being developed.
In order to protect and preserve trees the following protective
measures shall be followed:
A.
No structure, equipment, or movable machinery shall be permitted
to operate within the dripline of any tree which is to be saved in
order to not disturb the soil and thereby injure the tree, except
when the dripline of a tree is within the twenty-foot areas as set
forth in § 374-6A.
B.
If the removal or destruction of trees will impede or hamper the
growth and vigor of the remaining trees.
C.
No soil material, equipment, temporary buildings and work areas,
fuel, paint or other construction items shall be placed within the
dripline of any tree.
D.
Trees to be saved shall be fenced in or clearly marked with ribbon
in order that none are mistakenly removed or injured.
E.
All planting, maintenance, and care of trees shall follow the guidelines
as set forth by the International Society of Arboriculture.
F.
Any tree of historical significance or which is a specimen tree or heritage tree or is otherwise significant by reason of its rarity or environmental significance shall be given special consideration and shall not be cut or destroyed unless there is no possible alternative. Specimen trees shall be protected in accordance with the provisions of § 375-8 hereof.
A.
Any area to be occupied by a building, driveway, drainage swale,
septic tank, leachfield, or recreational area (including tennis courts,
swimming pools, or similar facilities) may have trees removed but
for a distance of not more than 20 feet around the perimeter of such
facility. However, the developer shall be required to take such measures
as may be necessary to minimize or eliminate the destruction of specimen
or heritage trees as set forth in this chapter within the twenty-foot
perimeter of such facilities and shall not otherwise destroy such
trees except upon a plan being approved by the Planning Board.
B.
An owner or developer shall remove only such trees, vegetation and
underbrush as necessary to construct and install the structure and
improvements authorized by issuance of building permits or other applicable
governmental approvals required. All sites should be developed, to
the maximum extent possible, in a manner which will result in the
least amount of disturbance to the natural site.
C.
An owner or developer may be permitted to perform selective clearing
to remove dead or damaged trees, underbrush and undesirable vegetation.
The extent and areas of selective clearing must be clearly indicated
on the subdivision or site plan itself or such other plan as may be
approved by the Planning Board or Board engineer or certified tree
expert. The site boundaries and limits of improvements shall be clearly
spaced by the owner or developer on the site for review and approval
by the Planning Board.
D.
All selective clearing operations shall be performed in strict accordance
with all applicable state, federal and local regulations. All cleared
materials, including but not limited to trees, branches, stumps, brush,
refuse and other deleterious matter, shall be removed from the site
and disposed to a recycling facility licensed by the State of New
Jersey to accept such waste. Alternative methods of removal such as
chipping and cutting for firewood may be employed if approved by the
Township Engineer or the engineer to the Planning Board.
On an application which is subject to the provisions of this
chapter, and on which an area of 5,000 square feet or more of trees
are to be cleared, the following standards shall apply:
A.
There shall be planted a minimum of one deciduous tree or evergreen
tree for every 500 square feet of disturbed land area or any part
thereof which has been disturbed;
B.
All planted trees shall be a minimum size of 2 1/2 inches in
caliper for deciduous trees (i.e., diameter) 4 1/2 feet above
the ground and evergreens shall be no less than six to eight feet
in height;
C.
The trees planted shall be planted no less than 15 feet from trunk
to trunk.
D.
Trees indigenous to the particular area involved shall be planted.
A.
Specimen or heritage trees are irreplaceable, scientific, historical
and scenic resources. Often these trees have been associated with
historical events. As such, it is declared to be the policy of the
Township of Upper Deerfield to preserve and protect specimen and heritage
trees.
B.
All development is restricted that would prevent or unduly interfere
with the amount of light reaching the crown of a specimen or heritage
tree, alter the drainage patterns within the site where the specimen
or heritage tree is located, adversely affect the quality of water
reaching the site where the specimen tree is located causing erosion
or the depositing of material in or directly adjacent to the specimen
or heritage tree or otherwise injure a specimen or heritage tree.
The site of a heritage or specimen tree shall be considered to extend
to the outer limit of the area necessary to avoid adverse impact to
the heritage or specimen tree or 50 feet from the tree, whichever
is greater.
A.
Notwithstanding the provisions of Subsection B below, the applicability of this chapter, clearing plans and restrictions approved by the Planning Board in conjunction with conditional use, subdivision, vacant wooded parcels or site plan approval granted by it shall remain applicable to the lots which are the subject to such approvals for a period of two years from the date of the first memorializing resolution of final approval for subdivisions and site plans. If a project has not commenced within two years, a new application shall be filed, unless otherwise extended under the municipal land use law and ordinances of the Township of Upper Deerfield. The applicant receiving approval shall file a deed restriction on the deed with respect to the development parcel or parcels clearly setting forth the above restriction.
For aid in making determinations concerning trees to which this
chapter is applicable, the Planning Board may consult with its engineer,
a certified landscape architect, planner, arborist or such other persons
having expertise with respect to trees and vegetation as it may deem
advisable. The cost of such opinions or expertise shall be deductible
from any escrow that may be required to be posted in connection with
a development application.
The Planning Board may request an applicant to post an escrow
with respect to tree preservation of not more than 10% of the estimated
cost of development, upon recommendation of the Planner, Planning
Board engineer or certified tree expert (arborist). The escrow shall
be utilized to pay for professional fees and expenses related to tree
preservation. In addition, the expense of tree preservation shall
be added to any required performance or maintenance guarantees which
may be required as a condition of approval.
For any violation of this chapter resulting in destruction of
trees to which this chapter applies, the violator shall be subject
to a fine for each tree of not less than $250 nor more than $2,000
per tree.
All other ordinances in conflict with or inconsistent with this
chapter are repealed to the extent of any inconsistency. Further,
to the extent of any ambiguity or confusion between this and any other
ordinance with respect to the preservation of trees, then the provisions
of this chapter shall be deemed to control.
