[HISTORY: Adopted by the Township Council of the Township of Eastampton as indicated in article histories. Amendments noted where applicable.]
[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); amended in its entirety 10-27-2025 by Ord. No. 2025-4]
An article to establish requirements for tree removal and replacement and penalties for noncompliance in the Township of Eastampton to protect the environment, public health, safety and welfare.
For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this article clearly demonstrates a different meaning. When consistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The use of the word "shall" mean the requirement is always mandatory and is not merely directory.
APPLICANT
Means any person, as defined below, who applies for approval to remove trees regulated under this ordinance.
BALLED-AND-BURLAPPED
Means a tree prepared for transplanting by allowing the roots to remain covered by a ball of soil around which canvas or burlap is tied according to American Standard for Nursery Stock (ANSI Z60.1).
CALIPER
Means the diameter of a tree trunk measured, in inches, six inches above ground level for trees up to four inches in diameter and measured 12 inches above ground level for trees over four inches in diameter.
CRITICAL ROOT RADIUS (CRR)
Means the zone around the base of a tree where the majority of the root system if found. This zone shall be calculated by multiplying the diameter breast height (DBH) of the tree, which is measured in inches and changed to being unitless, by 1.5 feet. For example, a tree with a DBH of six inches shall have a corresponding CRR of nine feet calculated in the following manner: 6 X 1.5 feet = 9 feet.
DIAMETER AT BREAST HEIGHT (DBH)
Means the diameter of the trunk of a tree generally measured at a point four and a half feet above ground level from the downhill side of the tree.
HAZARD TREE
Means a tree or limbs thereof that meet one or more of the criteria below. Trees that do not meet any of the criteria below and are proposed to be removed solely for development purposes are not hazard trees.
A. 
Has an infectious disease or insect infestation;
B. 
Is dead or dying;
C. 
Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective;
D. 
Is causing obvious damage to structures (such as building foundations, sidewalks, etc.); or
E. 
Is determined to be a threat to public health, safety, and/or welfare by a certified arborist or licensed tree expert (LTE).
HEIGHT OF CONIFERS
Means a measurement taken at the midpoint between the uppermost whorl(s) and the tip of the leader from the top of the root flare according to American Standard for Nursery Stock (ANSI Z60.1).
HOMEOWNER
Means a person(s) who owns a residence.
NUISANCE TREE
Means any tree, or limb thereof, that has an infectious disease or insect; is dead or dying; obstructs the view of traffic signs or the free passage of pedestrians or vehicles; is causing obvious damage to structures (such as building foundations, sidewalks, etc.); or threatens public health, safety, and welfare.
PERSON
Means any individual, corporation, company, partnership, firm, association, political subdivision of this state and any state, interstate or federal agency.
PLANTING STRIP
Means the part of a street right-of-way between the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk.
STREET TREE
Means a tree planted in the sidewalk or a planting strip in the public right-of-way.
TREE
Means a woody perennial plant, typically having a single stem or trunk growing to a considerable height and bearing lateral branches at some distance from the ground.
A. 
DECIDUOUS TREEMeans a tree that sheds all leaves annually at the end of the growing season and then has a dormant period without leaves.
B. 
CONIFEROUS TREEMeans a tree that produces cones and has leaves that do not fall off in winter; also known as evergreen trees.
TREE OF SIGNIFICANCE
Means any tree that is recognized by the municipal governing body or local historical organization(s) as being of significance due to its size, unique value, age, rarity, or the aesthetic, botanical, ecological, and historical value.
TREE REMOVAL
Means to kill or to cause irreparable damage that leads to the decline and/or death of a tree. This includes, but is not limited to, excessive pruning, application of substances that are toxic to the tree, and improper grading and/or soil compaction around the base of the tree that leads to the decline and/or death of a tree. Removal does not include responsible pruning and maintenance of a tree, or the application of tree treatments intended to manage invasive species.
A. 
Application process.
(1) 
Any person planning to remove a street tree with DBH of 2.5 inches or more or any non-street tree with DBH of six inches or more on their property shall submit a tree removal application to the Zoning Officer. No tree shall be removed until the Zoning Officer has reviewed and approved the removal.
(2) 
Tree removal permits shall be issued by the Zoning Officer or his or her designee. Application shall be in a form specified by the Municipal Clerk or his or her designee, and shall contain the name and address of the owner of the lands upon which the trees sought to be removed are located; the authority of the person, corporation or entity applying for the permit to remove the trees; the type, size and location of the trees sought to be removed. The application shall contain such additional information, surveys, plans or certifications as may be required by the Township. No tree shall be removed until municipal officials have reviewed and approved the removal.
(3) 
For larger scale clearing projects involving the removal of more than 10 trees, a tree protection management plan must be submitted at the time of tree removal application. If tree removal is being performed in connection with a proposed development require a site plan or subdivision approval, said application shall be submitted with the application for site plan or subdivision approval. A tree protection management plan shall include the following information:
(a) 
Location of all existing or proposed buildings, structures, driveways, grading, septic fields, easements, underground utilities, rights-of-way and other site improvements.
(b) 
Location of existing wetland buffers, natural features, including wooded areas, watercourses, wetlands and flood plains.
(c) 
The limits of the tree protection zone that is based on the CRR of the trees to remain.
(d) 
Location of all existing live street trees with a DBH of 2.5 inches or more and any non-street trees with a DBH of six inches or more. Each tree shall be indicated by its genus and species, DBH, and general health condition. Whenever possible, the actual canopy spread of the trees shall be shown.
(e) 
Each tree, or mass of trees, to be removed or transplanted shall be clearly identified.
(f) 
A chart tabulating the DBH of trees to be removed and the corresponding required replacement trees. The chart shall include the actual number of replacement trees to be planted and, when applicable, those that will contribute toward the replacement tree fee.
(g) 
Written specifications for the removal of existing trees and for the protection of existing trees to be preserved, and construction details for tree protection techniques, such as fencing.
(h) 
Location(s) for planting replacement trees.
(4) 
Application fees. The application fees in the following table shall apply:
Application Fee Table
Type of Application
Size & Type of Trees to be Removed
Application Fee
Removal of up to 10 trees
Street tree 2.5-inch DBH and greater
Non-street Tree 6-inch DBH and greater
$50 per tree to be removed
$50 per tree to be removed
Removal more than 10 trees requiring a protection management plan
Street tree 2.5-inch DBH and greater
Non-street Tree 6-inch DBH and greater
$750, plus $50 per tree in excess of 15 trees to be removed
$1,000, plus $50 per tree in excess of 20 trees to be removed
B. 
Standard for granting or denying a permit; conditions.
(1) 
The following standards shall govern the grant, conditional grant or denial of a tree removal permit in the Township of Eastampton:
(a) 
The Zoning Officer shall be satisfied that the removal or destruction of any particular tree which is unique in age, size or type is required for effective utilization of the lands in question.
(b) 
The Zoning Officer shall be satisfied that the removal or destruction of trees proposed shall not impair the growth and development of the remaining trees on the lands where the trees are situated or on adjacent lands.
(c) 
The Zoning Officer shall be satisfied that adequate precautions shall be taken with respect to the removal of trees, that other trees will not be damaged by mechanical removal, that the roots of the remaining trees will not be cut, that the trees removed will not be buried or burned and that dead trees are not permitted to become harborage for rats or other rodents.
(2) 
The Zoning Officer shall grant or deny any such permit with reference to the standards contained above in §§ 499-3 and 499-5 and the Tree Species Table provided below in § 499-11E. In applying such standards, the Zoning Officer may condition the grant of the permit upon such reasonable conditions as may be deemed necessary to effectuate the purpose of this chapter.
(a) 
Appeals of the decisions made by the Zoning Officer shall be submitted to the Eastampton Township Land Use Planning Board pursuant to N.J.S.A. 40:55D-70a.
C. 
Tree replacement requirements.
(1) 
Any person who removes one or more street tree(s) DBH of 2.5 inches or more and non-street trees with a DBH of six inches or more, unless exempt under § 499-4-12, shall be subject to the requirements of the Tree Replacement Requirements Table below.
(a) 
Replacement tree(s) shall meet the required actions in Table below, and shall be planted within 12 months of the date of removal of the original tree(s).
(b) 
Replacement tree(s) shall be monitored by the applicant for a period of two years to ensure their survival and shall be replaced as needed within 12 months.
(c) 
Trees planted in temporary containers or pots do not count towards tree replacement requirements.
Tree Replacement Requirements Table
Tree Removed (DBH)
Required Action
Street tree 2.5" or greater DBH
Non-street tree 6" to 12.99" DBH
Replant 1 trees with minimum tree caliper of 1.5" for each tree removed
Tree 13" to 22.99" DBH
Replant 2 trees with minimum tree caliper of 1.5" for each tree removed
Tree 23" to 32.99" DBH
Replant 3 trees with minimum tree caliper of 1.5" for each tree removed
Tree of significance
Tree 33" or greater DBH
Replant 4 trees with minimum tree caliper of 1.5" for each tree removed
D. 
Replacement alternatives. If the Zoning Officer determines that some or all required replacement trees cannot be planted on the property where the tree removal activity occurred, then the applicant shall do one of the following alternatives:
(1) 
Plant replacement trees in separate area(s) approved by the Township Manager; or
(2) 
Pay a fee for each replacement tree not planted according to the Tree Replacement Fee Table below. The fee shall be placed into a fund dedicated to tree planting.
Tree Replacement Fee Table
Tree Removed (DBH)
Replacement Tree Value
Street tree 2.5" or greater DBH
Non-street tree 6" to 12.99"DBH
$350 per tree
Tree 13" to 22.99" DBH
$700 per tree
Tree 23" to 32.99" DBH
$1,050 per tree
Tree of significance
Tree 33"or greater DBH
$1,400 per tree
E. 
Required tree species for replacement. The species type and diversity of replacement trees shall be in accordance with the Tree Species Table below.
Tree Species Table
Deciduous Street Trees
Botanical Name
Common Name
Acer pseudoplatanos
Planetree maple
Acer rubrum cvs.
Red Maple cultivars
Celtis occidentalis
Common Hackberry
Gleditisia triacanthos inermis cvs.
Thornless Honey Locust cultivars
Platanus x acerifolia
London Planetree
Plantanus occidentalis
American Sycamore
Quercus alba
White Oak
Quercus coccinea
Scarlet Oak
Quercus palustris
Pin Oak
Quercus phellos
Willow Oak
Quercus prinus
Chestnut Oak
Quercus rubra
Northern Red Oak
Tilia Americana cvs.
American Linden cultivars
Tilia cordata cvs.
Littleleaf Linden cultivars
Tilia tomentosa
Silver Linden
Zelkova serrata
Japanese Zelkova
Non-Street Deciduous Trees
Botanical Name
Common Name
Acer pseudoplatanos
Planetree maple
Acer rubrum cvs.
Red Maple cultivars
Acer saccharum cvs.
Sugar Maple cultivars
Carya glabra
Pignut Hickory
Carya ovate
Shagbark Hickory
Celtis occidentalis
Common Hackberry
Fagus grandifolia
American Beech
Gleditisia triacanthos inermis cvs.
Thornless Honey Locust cultivars
Gymnocladus dioicus
Kentucky Coffeetree
Liriodendron tulipifera
Tuliptree
Nyssa sylvatica
Black Gum
Platanus x acerifolia
London Planetree
Quercus alba
White Oak
Quercus coccinea
Scarlet Oak
Quercus palustris
Pin Oak
Quercus phellos
Willow Oak
Quercus prinus
Chestnut Oak
Quercus rubra
Northern Red Oak
Tilia Americana cvs.
American Linden cultivars
Tilia cordata cvs.
Littleleaf Linden cultivars
Tilia tomentosa
Silver Linden
Zelkova serrata
Japanese Zelkova
Non-Street Coniferous Street Trees
Botanical Name
Common Name
Abies balsamea
Balsam Fir
Abies concolor
White Fir
Juniperous virginiana
Eastern Red Cedar
Picea abies
Norway Spruce
Picea pungens
Blue Spruce
Pinus banksiana
Jack Pine
Pinus echinata
Shortleaf Pine
Pinus resinosa
Red Pine
Pinus virginiana
Virginia Pine
Pseudotsuga menziesii
Douglas Fir
Tsuga canadensis
Eastern Hemlock
A. 
All persons shall comply with the tree replacement standard outlined above, except in the following cases:
(1) 
Clearing, cutting, and/or removal of trees which is necessary to service, maintain, or ensure the continued safe use of a lawfully existing structure, right-of-way, field, park.
(2) 
Tree farms in active operation, nurseries, fruit orchards, and garden centers.
(3) 
Properties used for the practice of silviculture under an approved forest stewardship or woodland management plan.
(4) 
Any trees removed pursuant to a New Jersey Department of Environmental Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved environmental clean-up, or NJDEP approved habitat enhancement plan.
(5) 
Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife.
(6) 
Nuisance trees may be removed with no fee or permit, and with no replacement requirement. (Ex: Bamboo).
B. 
All persons claiming an exemption shall provide proper justification, in writing, to the Zoning Officer. Proper justification includes: photographs of all trees to be cut down, a report from a licensed certified tree expert, and/or a copy of a quote that indicates the reason(s) for the need to remove the tree(s) from a tree removal company.
This ordinance shall be enforced by the Code Enforcement Officer and the Zoning Officer or their designee during the course of ordinary enforcement duties.
Any person, firm, partnership, corporation, association or other legal entity who is found to be in violation of the provisions of this article shall be subject to a fine of $250 per tree for the first offense, and $500 per tree for every offense thereafter. Each tree removed or damaged in violation of this article shall be deemed a separate offense. The removal of a tree of significance is not subject to a fine limit.
No debris, limbs, or other materials may be dropped upon any paved street, sidewalk, or curb while in the course of cutting or removing any trees within the Township.
Waste generated as a result of a contractor/homeowner removing trees must be removed and disposed of at the contractor/homeowner's cost at the time the trees are removed. Anyone receiving permission to remove a tree in the right-of-way must also remove the tree stump to a depth of 12 inches. 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.
Private property owners are responsible for the care of all trees on their property up to and including the curb line. Should a tree interfere with utility lines or sight lines or the flow of traffic, the Director of Public Works, other government agencies, or utility agencies shall have the authority to trim or otherwise alleviate the interference.