[HISTORY: Adopted by the Township Council of the Township
of Livingston 11-21-2011 by Ord. No. 33-2011. Amendments noted
where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 227.
The purpose of this chapter is to preserve the biomass and its
benefits, and, in certain circumstances, to provide for replacement
of trees that are removed or destroyed. Control of removal of trees,
and requiring replacement plantings for trees removed, will mitigate
noise, soil erosion, the buildup of atmospheric carbon dioxide and
other pollutants, and protect natural habitat for wildlife and birds,
provide shade, protect aesthetic and scenic beauty, and protect or
enhance property values.
A.
The following shall be exempt from the requirements of this chapter:
(1)
Golf courses, commercial tree nurseries, and commercial fruit orchards;
while operated as such.
(2)
Removal or pruning of any tree growing:
(a)
On or over a public right-of-way when such action is performed
by, or at the direction of, a governmental authority; or
(b)
In a streetscape within the Livingston Community Partnership
Special Improvement District when such action is performed by, or
at the direction of, the Livingston Community Partnership Management
Corporation.
(3)
Removal of any tree growing on a utility right-of-way or pruning
of branches growing over such a right-of-way, when such action is
performed by, or under contract from, the public utility.
(4)
Removal of any tree that is dead, irreversibly diseased, or constitutes a hazard to the safety of life or property; provided that, if requested by the Administrator, credible evidence of such condition, in the form of, but not limited to, a written certification by a New Jersey licensed tree expert or licensed tree care operator, or a photograph or video, is provided by the property owner to the Administrator. However, such evidence shall not be required if removal of the tree was pursuant to a notice issued by the Township under Chapter 227, Property Maintenance, of the Township Code. Note: Provisions of general application requiring pruning of trees and removal of dead trees are in § 227-16 of the Township Code.
B.
The exemptions granted under this chapter do not relieve any person
of possible liability to others for hazards to safety of life or property.
The following words and expressions, and their derivations as
used in this chapter, shall have the following meanings unless the
context indicates a different meaning. When not inconsistent 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 word "shall"
is always mandatory and not merely directory.
The Zoning Officer.
The Planning Board or the Zoning Board of Adjustment, as
the case may be.
The diameter of a tree trunk measured in inches at a height
of 4.5 feet above ground level. When multiple trunks are joined together
below a height of four feet, the caliper shall be deemed to be 75%
of the sum of the calipers of the individual joined trunks.
A tree that has ceased to function physiologically. Such
a tree is typically devoid of leaves and may have loose bark.
A tree that is terminally infested with fungus, or virus
or insects.
A perimeter on the ground below a tree established by the
maximum horizontal reach of the tree's branches measured from
the trunk of the tree.
A tree that meets any one or more of the following criteria:
An individual who has been licensed in that capacity by the
State of New Jersey after successfully passing an examination administered
by the New Jersey Board of Tree Experts.
Any cutting down, poisoning, or any other action destroying
a tree.
A healthy nursery-grown tree, having a caliper of not less
than 2.5 inches if deciduous, or a height of not less than six feet
to eight feet if coniferous, properly balled and marked with a durable
label showing genus, species, variety, watering and fertilization
requirements.
An area extending 360° around a tree trunk for the greater
of either the distance from the tree trunk to the dripline or a distance
equal to caliper multiplied by one foot; but never less than eight
feet in radius.
A woody plant ordinarily having several stems arising from
its base and normally lacking a single trunk. A shrub is not a tree.
A deciduous tree with a caliper that is then greater than
20 inches, or a coniferous tree with a height that is then greater
than 30 feet; provided, however, that a Dogwood with a then caliper
in excess of five inches is a significant tree.
Any live deciduous or coniferous species, normally having
a single trunk, for which the typical mature height is not less than
10 feet or for which the typical mature caliper is not less than 3.5
inches.
A plan prepared in compliance with § 306-5.
The permit required to be obtained before the removal of
any tree not exempt or excepted from the requirements of this chapter.
A plan prepared in compliance with § 306-5.
A.
No tree for which a tree removal permit is required shall be removed
by any means unless such a permit has been granted.
B.
A tree removal permit is required for removal of any:
(1)
Landmark tree.
(2)
Significant tree.
(3)
Any other deciduous tree with a then caliper in excess of four inches
or a then height in excess of 10 feet, or other coniferous tree with
a then height in excess of eight feet.
(a)
Exceptions. However, no tree removal permit shall be required
for the following removal of trees that are not landmark trees or
significant trees:
[1]
Removal of any such tree, when any part of the trunk of the
tree is within five feet of the residential building on the property,
or of the principal building on a property in a nonresidence zone
district.
[2]
Removal of any such tree growing on a developed residential
property when any part of such tree's trunk is within five feet
of a rear yard or side yard line of the property; provided that the
owner of the property has first received written consent to such removal
from the owner of the immediately adjacent property. The recipient
shall keep the written consent available for one year for examination
by the Administrator upon request.
[3]
Removal of up to three such trees elsewhere on a developed residential
property if no tree for which a tree removal permit is required, exempted
or excepted has been removed on the property within the prior 12 months;
provided, however, that no more than one such tree shall be removed
from the front yard under this clause.
C.
An application for a tree removal permit shall be submitted to the
Administrator in duplicate. If the request for a tree removal permit
is in connection with a development application for subdivision or
site plan approval, an additional copy of the tree removal permit
application shall be submitted with the application for development
approval submitted to a Board. The submission of the application for
a tree removal permit shall constitute the applicant's consent
to entry upon the applicant's property by Township personnel
both for determination of whether the permit should be granted and
determination of compliance with a granted permit and the provisions
of this chapter.
D.
The tree removal permit application shall be on the form provided
by the Administrator and shall provide the following information:
(1)
Street address, tax block and lot numbers of the property.
(2)
Name, address, telephone number and signature of the applicant.
(3)
If the applicant is not the property owner, the name, address, telephone
number and consenting signature of the owner.
(4)
The name, address, telephone number and license number of the licensed
tree expert or licensed tree care operator who will accomplish the
tree removal; and shall be accompanied by two copies of:
(a)
A tree inventory plan, showing all trees on the site, their
species, size and condition and indicating those that the applicant
wishes to remove. The location of existing streams, brooks, ponds
or wetlands on, or within 50 feet of, the site shall also be shown.
[1]
If the site is nonresidential or is larger that one acre, the
tree inventory plan shall be drawn to a scale of not more than 50
feet to the inch and prepared and signed by a licensed New Jersey
land surveyor or landscape architect.
[2]
If the site is a developed residential lot that is one acre
or less and tree removal proposed is limited to only one side yard
or only to the rear yard or the front yard, the tree inventory plan
may be prepared by the applicant on a copy of a certified lot survey,
shall be prepared only for the relevant yard, and may show the approximate
locations of the trees then in that yard.
[3]
If the tree inventory plan was prepared by a licensed New Jersey
land surveyor or landscape architect, a copy in digital format shall
also be provided.
(b)
A tree replacement plan prepared and submitted in the same manner
as the tree inventory plan and showing the locations of all trees
to be preserved and all replacement trees to be planted on the site.
E.
If tree removal is proposed for a landmark tree or a significant
tree, or in connection with an application for development, the applicant
shall also provide eight copies of the tree removal permit application
to the Livingston Environmental Commission. However, if the tree inventory
plan and the tree replacement plan are in electronic format only,
two hard copies need be provided to the Livingston Environmental Commission.
Within 30 days, that Commission shall provide its nonbinding recommendations
to the Administrator, with a copy to the Board if the proposed removal
is in connection with an application for development.
F.
If the Administrator shall find a tree removal permit application
to be incomplete, the applicant shall be notified thereof within 20
days after submission of the application or it shall be deemed to
be complete.
G.
The time period for grant or denial of an application for a tree
removal permit shall be:
H.
A tree removal permit may be denied by the Administrator if removal
would result in excessive runoff of surface water onto adjacent property;
soil instability or erosion; silting; create any hazardous or dangerous
condition, endangerment or loss of a landmark tree; or violate any
provision of this chapter.
I.
Remediation of any grounds for denial of a permit under Subsection H above may be made a condition of grant of a tree removal permit.
J.
A tree removal permit issued by the Administrator shall be valid
for a period of 180 days. However, if the removal is in connection
with an application for development, the tree removal permit shall
remain valid until the later of final action of the Board denying
the application for development or the expiration of any development
approval granted by such Board.
K.
Any applicant aggrieved by denial of a tree removal permit by the
Administrator may make a written appeal to the Township Council by
filing such appeal with the Township Clerk within 14 business days
after the denial. The Township Council shall hear the matter at an
open meeting, upon notice to the applicant, within 45 days after the
filing of the notice of appeal.
A.
Posting of permit. No tree removal authorized by a tree removal permit
shall commence until the applicant shall have prominently posted the
permit in public view on the property. The permit shall remain posted
until the 10th day after the approved tree removal work and required
tree preservation work have been completed.
B.
Removal.
(1)
Tree removal shall be conducted in such a way as to minimize the
risk of harm to other trees, to life and to property.
(2)
Each tree permitted to be removed shall be marked in advance with
a tag or other prominent marking of high visibility.
(3)
All parts of any removed tree, and all debris or residue, shall promptly
be removed from the site. On-site burial or burning is prohibited.
(4)
Every reasonable measure shall be taken to avoid the removal of deciduous
trees with a caliper in excess of 36 inches, and coniferous trees
with a caliper in excess of 12 inches.
(5)
When a tree removal permit is sought in connection with an application
for development, every reasonable measure shall also be taken to avoid
removal of all trees that are within 15 feet of the side or rear property
lines. In the discretion of the Board acting on the application for
development, or upon recommendation by the Administrator, such measures
may include, but are not limited to, changes in the location of proposed
infrastructure and improvements, and in the size or number of lots
on the site.
(6)
Unless the tree removal permit granted provides for removal on a
day certain and there is no delay, the Administrator shall be given
at least three business days' prior notice of the date on which
removal will commence. Except for emergency work, no work pursuant
to a permit shall take place on Sunday or later than 5:00 p.m. or
earlier than 7:30 a.m. on other days.
C.
Protection. Trees not to be removed shall be protected from harm
during tree removal, as well as during any work to be accomplished
on the site pursuant to development approval or any other permit issued.
During such work:
(1)
Each tree, or group of trees, not to be removed shall be protected
by erection of snow fencing or another appropriate high-visibility
barrier around the root protection zone of the tree or the outer limit
of the aggregate root protection zone of the group of trees.
(2)
The grade of land located within the root protection zone shall not
be raised or lowered more than three inches unless compensated for
by welling or retaining wall methods. In no event shall welling or
any retaining wall be installed less than eight feet from the trunk
of the tree or trees to be protected by it.
(3)
No soil, excavated materials, building materials, construction equipment
or supplies shall be stored or operated within a root protection zone.
(4)
No fueling, lubricating, or washdown of construction vehicles or
equipment shall be performed within 50 feet of any tree to be preserved.
(5)
When tree removal has been approved in connection with an application
for development approved by a Board, no permitted removal of trees
on any lot shall be carried out, except as required for the construction
of streets and sidewalks, or the installation of public utilities,
prior to a building permit having been issued for that lot.
D.
Replacement.
(1)
Replacement trees, in kind or of such other species as the Board
may find appropriate, shall be provided according to the following
Schedule:
|
Schedule I
| |
|---|---|
|
Tree Replacement Schedule
| |
|
(Whether Deciduous or Coniferous)
| |
|
Size of Tree Removed
|
Number of Replacement Trees Required
|
|
4 - but less than 10 inches caliper
|
1
|
|
10 - but less than 20 inches caliper
|
2
|
|
20 - less than 30 inches caliper
|
3
|
|
30 inches or greater caliper
|
4
|
(2)
The required number of replacement trees for a landmark tree shall
be five.
A.
There is hereby established a reserve in the Township's general
capital fund which shall be known and designated as the "Trees Trust
Fund." A separate bank account shall be opened and maintained for
this purpose.
B.
Funds from this account shall be used, as directed by the Administrator,
for the planting of trees and shrubs on public lands or rights-of-way
within the Township and for other purposes related to the implementation
and enforcement of the provisions of this chapter.
[Amended 9-4-2018 by Ord.
No. 15-2018]
C.
When a tree removal permit is granted and the space on the property
is inadequate for the planting of all the replacement trees required,
in lieu of planting those trees that cannot be accommodated on the
site the applicant shall make a cash contribution in lieu of each
such replacement tree to the Township's Trees Trust Fund. The
cash contribution per each such tree shall be equal to the then most
recent cost to the Township of purchasing and planting a tree of that
species and size, plus 25% for administrative expense. The contribution
shall be used by the Township solely for expenses of preservation
or planting of trees or shrubs elsewhere in the Township and for other
purposes related to the implementation and enforcement of the provisions
of this chapter.
[Amended 9-4-2018 by Ord.
No. 15-2018]
D.
If a tree removal permit is granted for tree removal necessary for
adding a patio, sundeck, outdoor private swimming pool, tennis court,
sports court or other permitted accessory use on an already developed
single-family residence lot, the cash contribution to the trees Trust
Fund in lieu of planting on the property in respect of such removal
shall not exceed $2,000.
A.
Performance guarantee. A performance guarantee, in an amount determined
by the Administrator to cover the cost of performing the tree replacement
plan, and such soil stabilization as the Township Engineer shall find
necessary, shall be submitted by the applicant upon issuance of a
tree removal permit or approval by a Board of an application for development
that includes tree removal.
B.
Maintenance guarantee. Notwithstanding any limitations that may be
set forth elsewhere in this chapter, following completion of performance
of a tree replacement plan in connection with an approved application
for development, the developer shall post a maintenance guarantee
with the Township. Such guarantee, which may be a surety bond, shall
not exceed 15% of the total cost of performing the tree replacement
plan and shall be in effect for a period of three years after the
planting of the last replacement tree on the property. The maintenance
guarantee shall provide that any replacement tree that dies prior
to or during the guarantee period will be replaced in kind (or by
such other species as may be approved by the Administrator) within
the current or next planting season, and at the same size as it had
reached at the time of death; except that if it died more than three
years after planting its replacement need not be larger than the size
it had reached three years after planting. The same replacement requirements
shall apply to a replacement tree that is removed because of damage
or disease.
A.
The Administrator may suspend any tree removal permit when there
has been a false or misleading application or when it appears that
the terms of the permit are not being complied with.
B.
The Administrator shall have the duty to enforce this chapter and
to investigate any violation or alleged violation of any prohibition
in this chapter or requirements of any tree removal permit issued
or of authorization contained in a Board's approval of a connected
application for development. The Administrator shall proceed with
the enforcement of this chapter and the penalties provided for violations.
Such officer may also pursue such of the statutory method or methods,
heretofore or hereinafter provided, as may be open to such officer.
C.
Each day in which a person engages in tree removal without a permit, or in violation of a permit, or of a Board approval of an application for development in connection with a tree removal permit, shall be deemed a separate violation of this chapter. Each tree removed without a permit, or in violation of any permit, or of a Board approval of an application for development in connection with a tree removal permit, shall be an additional separate violation. Any person convicted in Municipal Court of violation of this chapter shall be subject to a fine, imprisonment or community service as provided in § 1-7, General Penalty, of Chapter 1 at the discretion of the Municipal Court Judge.
In order to assist in the maintenance of a database of all trees
in the Township, when a tree is removed without need for a tree removal
permit the owner or tenant of the property on which the removal took
place may voluntarily submit a tree Removal Report in the form, and
by the method, established by the Township.
