[HISTORY: Adopted by the Township Committee of the Township
of Wyckoff 4-3-2012 by Ord. No. 1683. Amendments noted where applicable.]
The Township Committee has determined that property in the Township
is being paved with impervious materials such as asphalt, concrete,
brick pavers, etc., for roadways, aisles, driveways and parking lots
and being developed with various buildings, as a result of which greatly
increased surface water runoff reaches brooks, streams, ponds, drainage
pipes and channels in the Township and beyond its borders which drainage
facilities may not have the capacity to carry such increased waters,
thus resulting in flooding, the erosion of land and the destruction
of property both within and beyond the borders of the Township, and
the Township Committee has determined that paved areas for roads,
parking lots, driveways, etc., tend to increase temperatures artificially
during hot weather creating problems of health and discomfort. The
Township has a major state highway, Route 208, as well as many major
traveled county and Township roads which are heavily traveled by automobiles,
and the Township has within its borders many office buildings, shopping
centers, commercial buildings, religious and educational institutions
all of which generate significant amounts of automobile traffic and
create police, traffic, pollution, drainage and property maintenance
problems. The Township Committee has determined that properly stabilized
and well-designed ground areas with plantings will help to alleviate
the aforementioned problems and also help to provide proper sight
areas in and about public and private highways and parking lots. The
Township Committee has determined that nonresidential uses that are
located close to property used for residential purposes create problems
of noise, loss of privacy, litter and drainage. The Township Committee
has determined it necessary and advisable to take action to alleviate
the conditions heretofore stated, and has determined that requiring
planted areas will help provide for the general health and welfare
of the residents of the Township.
A.
Where site plan approval is not required due to a change in ownership
or occupancy of commercial properties, the new property owner is subject
to the provisions of this section. The property owner is responsible
for maintaining landscaping existing at the time of change in ownership
or occupancy. If the subject landscaping is, in the opinion of the
Shade Tree Commission, substandard due to neglect or improper maintenance
by the previous owner, then a new landscaping plan to include an irrigation
plan shall be submitted to the Shade Tree Commission following the
requirements set forth in this section.
B.
Time of submission of landscaping plan. The property owner or applicant
at the same time he submits a site plan application to the appropriate
Land Use Planning Board or Board of Adjustment shall submit 18 copies
of a landscaping plan to the Township Clerk's Office for approval
by the Shade Tree Commission. The landscaping plan shall be submitted
10 days prior to the regular monthly meeting date of the Shade Tree
Commission in order for the matter to be placed on the Commission's
agenda for that month to be considered for approval. The landscaping
plan shall comply with the provisions of this section.
C.
Time of submission of tree preservation plan. The property owner
or applicant at the same time an application is submitted for subdivision
or site plan approval to the Planning Board or Board of Adjustment,
shall submit 24 copies of a tree preservation plan to the Wyckoff
Planning Board or Board of Adjustment who is turn shall submit appropriate
copies for review and advice from the Wyckoff Shade Tree Commission.
The tree preservation plan shall be submitted as part of the initial
application made to the Planning Board or Board of Adjustment.
A.
Tree preservation plan: The tree preservation plan shall be prepared
and signed by a landscape architect or professional engineer. The
plan shall be drawn to a scale, not exceeding one inch equals 20 feet.
B.
The tree preservation plan shall contain but not be limited to the
following information:
(2)
All trees four inches in caliper as measured four feet from the lowest
ground elevation. All of these trees are to be numbered, and said
numbers are to be shown on the plan;
(3)
Snow fencing or orange construction fencing is to be shown on the
plan. No snow fencing or orange construction fencing shall be attached
to trees, but rather shall be staked three feet from trees that are
four inches in caliper to 18 inches in caliper and staked six feet
from trees that are 18 inches in caliper and over. Notwithstanding,
snow fencing shall extend no closer than the tree dripline.
(4)
Notation on plan to indicate that fencing is to be installed along
limit of disturbance and fencing will remain in place until completion
of construction.
(5)
Notation on plan to show that sequentially numbered plastic disks
are to be attached to trees using one-inch long steel nails with disks
to be nailed to trees at eye height;
(6)
Notation to be made to plan that disks and nails are to be removed
after issuance of certificate of occupancy;
(7)
Notation on plans to indicate that areas identified as "no disturbance"
are to be preserved in their natural condition and no storage of any
type of materials shall be permitted in these areas.
(8)
The location of any existing trees or groups of trees on the lot(s),
that are four inches or greater in diameter as measured four feet
from the lowest ground level, and the species or type of tree, together
with a statement of what trees, if any, are proposed to be removed,
or will have to be removed by reason of change in grade, or for any
other reason to construct the project proposed.
A.
Landscaping plan: The landscaping plan shall be prepared and signed
by a landscape architect, professional engineer, or nurseryman, except
that the Shade Tree Commission may, in its discretion, waive this
requirement. The landscaping plan shall be drawn to a scale not exceeding
one inch equals 20 feet.
B.
The landscaping plan shall contain but not be limited to the following
information:
(1)
The dimensions and square foot area of the lot(s);
(2)
The location and dimensions of all existing buildings, structures,
driveways, and parking areas to be removed;
(3)
The location and dimensions of all new proposed buildings, structures,
driveways and parking areas;
(4)
The existing and proposed topography of the lot(s) at two-foot intervals;
(5)
The locations, quantities, sizes and species of all proposed shade
trees, ornamental trees, shrubbery, plants and grass to be planted
on the lot(s); such materials shall comprise the planted areas(s);
(6)
The dimensions and square foot of any proposed planted area(s) in
relation to the number of square feet comprising the lot(s);
(7)
The percentage of square feet devoted to proposed planted area(s)
in relation to the number of square feet comprising the lot(s);
(8)
The location and dimensions of all existing and proposed air-conditioning
units, dumpsters, generators and transformers and the proposed landscaping
treatment of same;
(9)
Irrigation plan to maintain and preserve landscaping in a healthy
state;
(10)
Elevation drawings of all new proposed buildings and structures
showing all new proposed landscaping from a front, rear, left and
right side views.
A.
The landscaping plan when approved by the Shade Tree Commission shall
constitute the landscaping, screening and planting requirements of
the property owner or applicant.
B.
No person, property owner, applicant, lessee, occupant or other legal
entity shall reduce, eliminate or alter the contents of any planted
area(s) as shown on an approved landscaping plan without first obtaining
approval to do so from the Shade Tree Commission. Any such party,
however, may replace any shade trees, ornamental trees, shrubbery,
plants and grass that have died or become diseased, provided such
replacement, the replacement material and installation have been approved
by the Shade Tree Commission.
The property owner or applicant shall maintain in a clean and
presentable manner, without litter and with live materials in a healthy,
disease-free condition, every planted area as shown on an approved
landscaping plan. Such maintenance may include cultivating, spraying,
fertilizing, weeding, pruning and watering. Lawns shall be maintained
so that the length of grass and weeds, if any, does not exceed six
inches. In the event the maintenance is not completed within 15 days
from the date of a written notice sent to the property owner or applicant
by the Shade Tree Commission by certified mail, return receipt requested,
then the Township may hire a private contractor to perform such maintenance.
The cost of such maintenance, which shall include labor and materials,
shall be charged to the property owner or applicant and, if not paid
within 30 days, shall be certified to the Township Tax Collector and
shall become a municipal lien against the property.
The property owner or applicant shall replace all shade trees,
ornamental trees, shrubbery, plants and grass planted pursuant to
the landscaping plan that die or become diseased within 30 days after
the season permits, provided that such person has been sent written
notice by certified mail, return receipt requested, by the Shade Tree
Commission giving such person at least 10 days' notice of such
replacement request. In the event such replacement is not completed
within the aforementioned time, then the Township may hire a private
contractor to perform such replacement. The cost of such replacement,
which shall include labor and materials, shall be charged to the property
owner or applicant and, if not paid within thirty (30) days, shall
be certified to the Township Tax Collector and shall become a municipal
lien against the property.
The Planning Board or Board of Adjustment of the Township shall
not approve a subdivision or a site plan application, nor shall a
building permit be issued for a building, until a certified check,
payable to the Township of Wyckoff, or a bond has been posted to cover
the cost of the shade trees, ornamental trees, shrubbery, plants and
grass required by the Shade Tree Commission. The amount of such check
or bond shall be determined by the Shade Tree Commission.
A certificate of occupancy shall not be issued for a building until completion of the landscaping plan as approved by the Shade Tree Commission, except that if inclement weather has prevented completion of the landscaping plan, a certificate of occupancy may be issued, provided that the certified check or bond submitted pursuant to § 223-8 is deposited. In the event the landscaping plan is not completed by the date set by the Shade Tree Commission, the Shade Tree Commission after 10 days' written notice to the property owners or applicant may, through its employees, agents or contractors, enter upon the property and do everything necessary to complete the work set forth on the landscaping plan and deduct the cost thereof from the cash deposit.
A.
Specifications.
(1)
Placement. All plantings shall be at least the maximum plant diameter
from the foundation, wall, or fence, but not less than three feet
therefrom. Varieties shall be selected and specified as appropriate
to the sun and wind exposures and shall be suitable in mature size
to the location to be planted. Plants shall be planted upright and
faced in a direction so as to give the best appearance or relationship
to adjacent areas.
(2)
Diameter. Pits for trees and shrubs shall be two times the size of
the diameter of the ball or spread of roots, except where architectural
elements limit this diameter.
(3)
Soil preparation. Soil used in planting pits and beds shall be four
inches of topsoil. Very poor soils, gravel, hardpan, or other soils
injurious to plants shall not be used.
(4)
Mulching. All bed areas are to be mulched to a depth of three inches
with an approved mulch.
(5)
Staking. Trees shall be supported immediately after planting. All
trees shall be guyed. Wires shall be encased in hose to prevent contact
with bark of tree and shall be placed around the trunk in a single
loop. Wires shall be tightened and kept taut by twisting strands together.
(6)
Cleanup. Property shall be left in a neat and orderly condition.
(7)
Topsoil. Topsoil shall be natural, friable, fertile, productive soil
of a good clay loam type. It shall be free of stones over one inch
in size, sticks, clods, without admixture of subsoil or other foreign
matter. It shall not be worked when in a muddy or wet condition.
(8)
Fertilizer. Commercial fertilizer shall be complete fertilizer and
shall be a standard product complying with state and federal fertilizer
laws.
(9)
Planting material. Planting material shall conform to the American
Association of Nurserymen's Standards for Nursery Stock relative
to quality control, unless specifically amended by the Shade Tree
Commission.
(10)
Mulch. Mulch shall be of an organic origin, such as Right Dress,
wood chip, bark chip, or other approved material.
(11)
Substitutions. Substitutions may be permitted upon written approval
of the Shade Tree Commission.
B.
The applicant upon completion of all landscape work shall notify
the Township Shade Tree Commission. A final inspection will be conducted
by members of the Shade Tree Commission to ensure compliance with
the approved landscape plans.
Any property owner or applicant violating any of the terms or provisions of this Chapter 223 shall be subject to a fine of $500 for every violation of this chapter, payable through the Violation Bureau. Each day a violation is permitted to exist shall constitute a separate offense.
A.
Any tree destroyed or removed in violation of this chapter shall be replaced by the owner with another tree in accordance with Subsection B of this section. In the event that such tree, which is not permitted to be removed, is damaged during construction, such tree shall be properly treated in order to restore same. If restoration cannot occur, then replacement shall be made as specified herein.
B.
Any tree removed or that is damaged and cannot be restored after
identification is to be replaced by a similar-type tree whose caliper
in inches equals the caliper of the tree removed. This pertains to
all trees that have a caliper of four inches or more as measured four
feet from the lowest ground elevation. If the Shade Tree Commission
determines that this is not practical, then they may instruct the
developer to replace the tree with similar-type trees whose sum of
caliper inches equals the caliper of the tree removed or that has
died after identification. For example, a tree with a twelve-inch
caliper could be replaced with three trees with four-inch calipers.
The owner or applicant shall pay a fee in the amount of $150
for any review by the Shade Tree Commission of a landscaping plan
in connection with a land use and/or development application. The
owner or applicant shall pay an additional fee of $50 for any subsequent
review by the Shade Tree Commission of an amended plan. The owner
or applicant shall pay a fee of $100 for each and every site visit
by the Shade Tree Commission to the site at issue.
