[Added 8-3-2011 by Ord. No. 14-2011]
A.Â
Purpose.
(1)Â
The indiscriminate, uncontrolled and excessive destruction, removal
and cutting of trees upon lots and tracts of land within the Township
has resulted in creating increased soil erosion and dust, led to the
development of more greenhouse gas emissions, has deteriorated property
values and further rendered land unfit and unsuitable for its most
appropriate use, with the result that there has been deterioration
of conditions affecting the health, safety and general well-being
of the inhabitants of Pemberton Township. It is the intent, therefore,
of this section to regulate and control the indiscriminate and excessive
cutting of trees in the Township.
(2)Â
Trees are declared to be important cultural, ecological, scenic and
economic resources. Proper management of this resource will ensure
its maintenance and result in greater economic returns. A property
tree management program is intended to meet the objectives of preserving,
protecting, enhancing and maintaining trees and providing opportunities
for continuing uses of forest resources which are compatible with
the maintenance of the environment. This will be accomplished by ensuring
proper management of forest and trees through the application of sound
management practices. To that end, it shall be unlawful to cut down,
damage, poison or in any other manner destroy or cause to be destroyed
any trees covered by this section, except in accordance with the provisions
of this section.
(3)Â
The tree management plan contained in this chapter shall be applicable
to all nonresidential developments and new residential major subdivisions
consisting of five or more units undertaking site plan activities
if there are one or more live trees proposed to be cut or removed
from the property. All parts of properties being redeveloped, renovated
or improved, as part of a subdivision or site plan application, shall
be brought into compliance with the requirements of this chapter,
to the extent possible.
B.Â
Site plan requirements. A tree management plan shall contain the
following information on a plot plan:
(1)Â
Location of existing natural features, including wooded areas, watercourses,
wetlands, and floodplains.
(2)Â
Location of all existing or proposed buildings, driveways, grading,
septic fields, easements, underground utility lines, rights-of-way,
and other improvements.
(3)Â
Location of all existing live trees, with trunk diameters five inches
or greater, measured 4Â 1/2 feet above ground level. Each tree
shall be noted by its species, size and general health condition.
Whenever possible, the actual canopy spread shall be shown. If it
must be estimated, the canopy shall equal 1Â 1/2 feet of diameter
per one inch of trunk diameter. If the trees to be preserved are part
of a wooded area, only the outermost canopy line need be shown, unless
disturbance is proposed; then individual trees located within 50 feet
of the proposed edge of the woodland shall be shown.
(4)Â
Each tree, or mass of trees, to be removed or transplanted shall
be clearly marked as such.
(5)Â
A chart tabulating the total number of trees and diameter inches
being removed, the required diameter inches to be replaced, and the
equivalent number of compensatory trees.
(6)Â
Specifications for the removal of existing trees and for the protection
of existing trees to be preserved, including detail(s) of tree protection
fencing.
C.Â
Compensatory planting. In the event that preservation of existing
vegetation on the site is impossible, then compensatory planting shall
be required for each live tree on the site, and each specimen tree
anywhere on the site. Compensatory trees shall be provided in the
following ratios, based on the sum total of the diameter inches of
trees being removed. These standards are applicable to both deciduous
and evergreen trees. Compensation is not required for shrubs, unless
otherwise required by the Board.
(1)Â
For trees five to 24 inches in diameter, one inch of new tree caliper
shall be provided for every one inch of existing tree diameter cut
or removed.
(2)Â
For trees 24 inches in diameter or greater (specimen trees), two
inches of new tree caliper shall be provided for every one inch of
existing tree diameter cut or removed.
(3)Â
For existing street trees within the right-of-way, one tree, with
a caliper of three to 3Â 1/2 inches, shall be replanted in the
street tree planting strip.
(4)Â
For other significant areas of woods containing deciduous trees smaller
than five inches in diameter, or evergreens less than six feet in
height, replanting shall be with seedling material, of comparable
native species, placed on a ten-foot-by-ten-foot grid. Compensation
shall be at a rate of a one square foot of new planting area for one-square-foot
area of disturbance. This material may be bare root or container-grown
stock.
(5)Â
The number of compensatory trees should be calculated from the total
diameter inches to be replaced, divided by three, rounded up to the
next whole number.
(6)Â
Compensatory trees shall be three to 3Â 1/2 inches in caliper,
and planted in accordance with the standards contained within the
subsection above. Evergreen and ornamental trees may be substituted
at a ratio of two to one shade tree, for up to 50% of the requirement.
Alternative types of compensatory planting may be permitted, when
approved by the Planning Board.
(7)Â
Locations of compensatory trees must be clearly labeled on the landscape
plan. They may be placed anywhere on the site, but are in addition
to other required trees.
(8)Â
In the event that the applicant establishes to the satisfaction of
the Planning Board that constraints incident to the land itself (including,
without limitation, extreme topography, unsuitable soils, rock outcrops
and existing uninterrupted dense canopy) render it impractical to
locate on the lot the required number of compensatory trees, then,
at the election of the Planning Board, the applicant shall:
(a)Â
Install a portion of the required compensatory trees on other
public lands within the Township; and/or
(b)Â
Contribute to the Township the cost of those trees which cannot
practically be installed on the property for later installation of
trees on public lands. The fee shall be $35 per tree removed, up to
a maximum of $700 per acre; and/or
(c)Â
Install fewer, larger or more valuable compensatory trees on
the lot with an aggregate cost as installed and guaranteed not less
than the estimated aggregate cost of the required number of compensatory
trees.
(d)Â
Whichever alternative is elected by the Board shall serve as
the basis for calculating the required financial security in conformance
with the above subsection.
