Township of Eastampton, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Eastampton as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Commission — See Ch. 28.
Brush, grass, weeds and trash — See Ch. 167.
Property maintenance — See Ch. 385.
Soil erosion and sediment control — See Ch. 432.
Soil removal — See Ch. 436.
Subdivision of land and site plan review — See Ch. 460.
Zoning — See Ch. 540.
[Adopted 11-30-1982 by Ord. No. 1982-16 (Ch. 79 of the 1974 Township Code)]
A. 
The purpose of this article is to provide proper guidelines and specifications for preserving the natural character of the land and vegetation; to provide regulations for planting trees, shrubs and landscaping in buffer areas, along streets and throughout each development as required by Township regulations; to prevent soil erosion; to enhance the aesthetic nature of each project; to reduce air and sound pollution; to provide visual barriers; to regulate wind control; and to reduce glare and reflection.
B. 
In addition, it is the purpose of this article to provide for flexible requirements that recognize changes that have occurred in the field, such as improvements to species. Therefore, an applicant may submit proofs indicating how technological advances in certain species possibly make such trees suitable for use in the Township. Conversely, trees which are now acceptable may be unacceptable at some future time due to the introduction of diseases into the area.
As used in this article, the following terms shall have the meanings indicated:
BERMS
A mound of soil on a site used as a view obstruction or to vary the grade pattern, either natural or man-made.
BUFFER
An area within a property or site generally adjacent to and parallel with the property line, consisting of either natural existing vegetation or created by the use of trees, shrubs, fences and/or berms designed to continuously limit view of the site from adjacent sites or properties.
CALIPER
The diameter of a tree trunk, measured in inches, 36 inches above the ground level.
DECIDUOUS TREES
Plants that drop their leaves before becoming dormant in winter; not evergreens.
EVERGREEN TREES
A plant that does not lose its leaves during the winter.
GROUND COVER
Low-growing plants or sod that in time form a dense mat covering the area in which they are planted, preventing the growth of unwanted plants while holding the soil in place.
MULCH
Any covering placed on soil to conserve moisture, eliminate weak growth and protect plants from extremes of heat and cold.
SCREEN
A structure or planting providing a continuous view obstruction within the site or property. Such screens may consist of fencing, berms and/or evergreen trees or shrubs.
SHRUBS
Any plants, deciduous or evergreen, generally multistemmed, classified and sold by height or spread, measured in inches or feet.
A. 
Selection of species. The applicant shall select deciduous, evergreen and ground cover species which are typically found in this area. The species utilized shall be appropriate for the site, considering soil and wind conditions, slope, use of the site, and purpose of the plantings.
B. 
Selection of shade trees. Shade trees shall be limited to deciduous trees, and only shade trees shall be installed along streets. However, up to 10% of the trees may be evergreen for the purpose of variety and accent. Center islands may have a combination of evergreens and deciduous species. However, the first tree from the intersection shall not be an evergreen.
C. 
Buffer and landscape screens.
[Amended 2-28-2011 by Ord. No. 2011-3]
(1) 
Buffers and landscape screens shall consist predominately of evergreen species. Such buffers and screens shall consist of at least two parallel rows or groups of trees with tree settings staggered so as to produce a visual screen at tree maturity. The selected tree shall be thickly branched and dense, especially close to the ground, and shall have a fast growth rate in the early years. When available and where appropriate, the following species shall be used: Thuja occidentalis nigra (dark American arborvitae); Pseudotsuga douglasi (douglas fir); and all native pines, such as scotch pine, white pine and spruce.
(2) 
Buffers shall be predominately evergreens and consist of trees planted 12 feet apart in two staggered rows set 12 feet apart. Trees shall be six feet to eight feet high at time of initial planting. Such planting shall provide a thick, dense visual buffer from the ground to a height of eight feet. Evergreen trees shall be supplemented with a variety of evergreen shrubs.
D. 
Prohibited evergreens in buffer areas. The following evergreens shall be prohibited in all buffer areas:
(1) 
Abies pinsapo (Spanish fir).
(2) 
Araucaria araucana and A. heterophylla (monkey puzzle and Norfolk Island pine).
(3) 
Cedrus atlantica and C. libani (atlas cedar and cedar of Lebannon).
(4) 
Cryptomeria japonica lobbii (Lobb's Japanese cedar).
(5) 
Cunninghamia lanceolata (Chinese fir).[1]
[1]
Editor's Note: Original Subsection D(6), (7) and (8), which immediately followed this subsection, was repealed 2-28-2011 by Ord. No. 2011-3.
(6) 
Pinus wallichiana (Himalayan pine), P. parviflora (Japanese white pine), P. peuce (Macedonian pine), P. ponderosa (ponderosa pine), and P. thunbergii (Japanese black pine).[2]
[2]
Editor's Note: Original Subsection D(10), which immediately followed this subsection, was repealed 2-28-2011 by Ord. No. 2011-3.
(7) 
Torreya nucifera (Japanese torreya).
E. 
Prohibited trees along streets. The following trees shall be prohibited along the streets:
(1) 
Silver maple.
(2) 
Kalopanax pictus (caster aralia).
(3) 
Liqudambar styaciflua (sweet gum).
(4) 
Juglans — all species (walnut).
(5) 
Maclura pomifera (osage orange).
(6) 
Malus — all species (crab apple).
(7) 
Salix — all species (weeping willow).
(8) 
All trees with thorns, such as Aralia elata (Japanese angelica), the Crataegus species (hawthorn), and Cleditsua triacanthos (common honey locust).
A. 
General. All preliminary and site plan review plans submitted to the Land Use Planning Board for approval, except minor subdivisions, shall contain a landscape plan. The landscape plan shall be prepared by a landscape architect, whose name and address shall appear on the plan. Wherever possible, the landscape architect shall promote creativity in design locations and selection of species. For example, instead of planting trees in straight rows, the landscape architect might group trees into clusters with different combinations or species in each cluster.
[Amended 12-10-2001 by Ord. No. 2001-12]
B. 
Plan details and specifications. All plans shall contain the following information:
(1) 
Symbols or numbers identifying the proposed species.
(2) 
The scientific name of all trees, shrubs and ground cover proposed for the site.
(3) 
The common name of all trees, shrubs and ground cover proposed for the site.
(4) 
The quantity of each species.
(5) 
The size and spacing of each species at initial planting, either by caliper or width or height.
(6) 
An indication as to how the plants will be grown and moved. For example, plants may be field grown or nursery grown and moved by ball and burlap or containerized.
[Amended 2-28-2011 by Ord. No. 2011-3]
(7) 
A statement of the soil types and locations on the site.
(8) 
A statement, where applicable, directing appropriate action and soil amendments to be added to achieve the desired "pH" fertility and organic matter levels.
[Amended 2-28-2011 by Ord. No. 2011-3]
(9) 
The type of ground cover and mulches proposed.
(10) 
Fence types and height.
(11) 
The height, width, slope and planting cover of all berms.
(12) 
The type of construction materials used in landscaping, such as railroad ties.
(13) 
The grass seed mixture and rate of application.
(14) 
A shrub planting detail and a tree planting detail.
(15) 
The location of all plants and materials.
C. 
Shrub and tree planting details. Shrub and tree planting details shall show the following, where applicable:
(1) 
Existing and finished grades.
(2) 
A drawing of a typical saucer berm.
(3) 
Area and depth of mulch.
(4) 
Directions for pruning.
(5) 
Depth and width of pit.
(6) 
The location and type of staking.
(7) 
The type of topsoil mixture.
(8) 
Root flare of deciduous trees must remain exposed after planting.
[Amended 2-28-2011 by Ord. No. 2011-3]
A. 
Staking.
(1) 
All stakes are to be driven outside the root ball.
(2) 
Stakes shall be hardwood, and a minimum of two stakes shall be used per tree.
(3) 
Stakes, when driven, must be 1/2 to 2/3 the height of the tree measured from ground level.
(4) 
Stakes shall be two inches diameter minimum at the thick end.
(5) 
Stakes shall be attached to the tree with twelve-gauge galvanized wire covered with rubber or plastic hose where wire is likely to come in contact with the tree trunk. An alternative may be any of the commercially available materials designed for staking trees, with the approval of the Land Use Planning Board. The loop in contact with the tree shall be loose enough to permit growth and prevent grinding for two years, but shall be tightly bound to the stake to prevent slipping.
[Amended 12-10-2001 by Ord. No. 2001-12]
(6) 
Stakes shall remain in place at least two years and be removed by the developer at that time.[1]
[1]
Editor's Note: Original Subsection B, Wrapping, which immediately followed this subsection, was repealed 2-28-2011 by Ord. No. 2011-3.
B. 
Saucer.
(1) 
A ring of packed soil shall be placed around the finished planting hole of each tree.
(2) 
The saucer shall be a minimum of three inches higher than the finished grade.
[Amended 2-20-2011 by Ord. No. 2011-3]
(3) 
Saucers are to be designed to catch and hold the maximum amount of water either from natural precipitation or irrigation.
C. 
Mulching.
[Amended 2-28-2011 by Ord. No. 2011-3]
(1) 
A three-inch minimum layer of mulch shall be applied around each individual or group of trees and shrubs.
(2) 
A mulch shall consist of triple-ground hardwood mulch with a neutral pH.
D. 
Tree and shrub pits. All pits for planting shall be six inches deeper and at least 12 inches wider than the ball of the plant.
E. 
Planting. Plants shall be set straight and firmly tamped and then adequately watered.
[Amended 2-28-2011 by Ord. No. 2011-3]
F. 
Backfill mixture. The types of backfill mixture shall consist of 2/3 topsoil and 1/3 peat, or a material as required by specific plants.
G. 
Size.
[Amended 2-28-2011 by Ord. No. 2011-3]
(1) 
The minimum caliper for trees shall be 2 1/2 inches at six feet trunk height.
(2) 
The minimum size for evergreen trees shall be eight feet in height.
(3) 
Shrubs shall be a minimum height of 2 1/2 feet.
H. 
Other.
(1) 
Only nursery-grown plant material will be acceptable unless a tree spade (commercial tree-moving equipment) is used.
(2) 
No planting shall be done at street intersections that will interfere with traffic safety and proper site distances.
(3) 
Plant species should not be an exotic variety requiring substantial maintenance or be materially affected by pollution, salt damage along highways, or current insect manifestations.
(4) 
All areas of 33% or greater slope must be planted with ground cover to stabilize the slope.
(5) 
Utility boxes must be screened where they appear at ground level.
(6) 
The grade of land located within the dripline of an existing tree that will remain on the site after construction shall not be raised or lowered more than six inches unless compensated by welling or retaining wall methods.
[Amended 2-28-2011 by Ord. No. 2011-3]
(7) 
For existing trees that will remain on the site after construction, no vehicular equipment is to be driven within the dripline of such trees, and no building materials may be stacked or stored within six feet of such trees.
[Amended 2-28-2011 by Ord. No. 2011-3]
(8) 
During construction, no trees are to support any scaffolding signs, temporary utility or other devices.
(9) 
Replacement of all new trees and shrubs shall be made which fail to survive at the next planting season.
(10) 
Consideration will be given to the height and width of plants at maturity to prevent crowding and shading as the plants grow.
(11) 
Compensation planting of appropriate plant species will be required in areas where trees and/or shrubs have been destroyed due to development.
[Amended 2-28-2011 by Ord. No. 2011-3]
(12) 
The existing natural trees remaining in the area under construction shall be pruned to remove dead and diseased limbs and trees and offensive vines and undergrowth.
The requirements of this article shall be enforced by the Construction Official or Township Engineer, who shall inspect or require adequate inspection of work. If the Township Engineer or Construction Official finds any conditions not as stated in any application, he may refuse to approve further work.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The landscape plan shall be submitted concurrent with applications for preliminary and site plan review approval, and therefore, no additional fees shall be charged under this article. The expenses for legal, engineering or planning work required by the Township in connection herewith shall be authorized and paid and funded out of the escrow amounts set up as part of the fee and escrow structure under the applicable Township regulations.
Any person who shall violate this article shall, upon conviction thereof, be subject to the penalty set forth in Chapter 1, Article II, Penalties for Violations, of the Township Code. For purposes of this article, each day shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Adopted 11-30-1982 by Ord. No. 1982-17 (Ch. 42A of the 1974 Township Code)]
As used in this article, the following terms shall have the meanings indicated:
PERSON
Extends and is applied to associations, firms, partnerships and corporations, as well as to individuals.
SHADE TREE
Includes deciduous/evergreen trees and shrubbery planted or growing upon and in the streets, public alleys, public places, parks and parkways in the Township.
STREET
Includes streets, roads, roadways, highways, public alleys, public places, parks and parkways within the Township.
No person shall commit any of the following acts:
A. 
In any way or by any means cut, prune, break, climb, injure or remove any shade tree or cut, disturb, damage or interfere in any way with the roots or bark or other part of any shade tree or do anything likely to damage any shade tree or spray, paint or coat any shade tree with any chemicals or insecticides or other deleterious substance or place any rope, sign, poster or other fixture on a shade tree or the guard thereof or injure, misuse or remove any device placed to protect such shade tree, providing that nothing herein shall prevent any governmental unit or agency from tying a public notice upon a tree in connection with the administration of public affairs; provided, however, that any public utility regulated by the State of New Jersey is exempt from said provision, and provided further that said public utility obtain the permission of the Environmental Commission with respect to taking any and all action prohibited by this subsection.
B. 
Erect or repair any building, structure, curb, sidewalk, street or do other work in the vicinity of any shade tree whereby damage thereto may ensue, without first placing such guards around all nearby shade trees as will effectively prevent injury thereto.
C. 
Pile any building material or make or mix any mortar or cement within six feet of any shade tree.
D. 
Operate excavating equipment or other implements, machines or tools in such a manner as to injure a shade tree.
E. 
Do any excavating within two feet of any shade tree where possible to avoid doing so.
F. 
Permit any tar kettle, road roller or other engine to stand in such a manner as to injure a shade tree.
G. 
Cause, authorize, allow, suffer or permit any gas, salt, or brine water, oil, liquid dye, arsenical weed killer or other substance deleterious to tree life to lie, leak, pour, flow, seep or drip on or into the soil about the base of a shade tree.
H. 
Make or permit any fire between the sidewalk and curb or in any area where a shade tree or any part thereof may become injured.
I. 
Having or maintaining any electric, telephone, telegraph or other wires running through a public highway or park, fail to securely fasten and maintain such wires in such a manner as will safeguard the shade tree against any damage therefrom or fail to make periodical adjustments thereof whenever necessary to prevent damage to shade trees.
J. 
Place or maintain upon or under the surface of the ground in any street in the Township any cement, stone, flagging or other material or substance within two feet of the trunk of any shade tree or in such manner as to obstruct the free access of air and water to the roots of any shade tree where there is sufficient room to avoid doing so.
K. 
By any means or in any manner willfully, carelessly or negligently damage or destroy a shade tree.
Any person who shall violate this article shall, upon conviction thereof, be subject to the penalty set forth in Chapter 1, Article II, Penalties for Violations, of the Township Code. For purposes of this article, each day shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).