[Adopted 6-4-2014 by Ord.
No. 2014-8]
As used in this article, the following terms shall have the
meanings indicated:
CALIPER: ANSI Z60 FOR NURSERY STOCK
Caliper is a type of diameter measurement used in the nursery
industry. The height measurement shall be taken from ground level
for field grown stock and from the soil line for container grown stock,
which should be at or near the top of the root flare. Caliper measurement
of the trunk shall be taken six inches above the top of root flare
up to and including four-inch caliper size. If the caliper at six
inches above the ground exceeds four inches, the caliper should be
measured at 12 inches above the top of root flare. Seldom are tree
trunks perfectly round. The most accurate measurement will result
from the use of a diameter tape. Caliper measurements taken with manual
or electronic "slot" or "pincer" type caliper tools should be the
average of the smallest and largest measurements.
COMMUNITY FORESTRY MANAGEMENT PLAN
A plan developed by the Township or county outlining the
goals and objectives for managing trees on municipal/county property
with the intent of minimizing liability to the municipality/county
and maximizing the useful life of the tree resource. The plan shall
be approved by the New Jersey Department of Environmental Protection,
Division of Parks and Forestry, New Jersey Forest Service. The Township
Manager, Director of Public Works, or their designees, and the Environmental
Commission shall oversee the implementation of the Community Forestry
Management Plan.
EROSION
The detachment and movement of soil or rock fragments by
water, ice, wind, and gravity.
EXEMPT AREA
The lot area as provided in this article for which tree replacement
shall not be required.
FOREST MANAGEMENT PLAN
A plan for the management of timbered or forested lands approved
by the New Jersey Department of Environmental Protection, New Jersey
Forest Service, or similar state or federal agency.
HISTORIC TREE
A tree that has been found by a professional forester, horticulturalist,
or other professional plantsman to be of notable historic interest
to the Township because of its age, type, size or historic association
and which has been so designated and that designation has been officially
made and promulgated as part of the official records of the Township,
county or state.
OPEN SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use and enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open spaces, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designated
to be incidental to the natural openness of the land.
SPECIMEN TREE
Any tree in fair or better condition which is so designated
by the Township Tree Specialist based on considerations of whether
the tree is a rare species of specimen thereof; is abnormal in height,
trunk diameter or dripline circumference for a tree of its species;
has foliage of an unusual quality for a tree of its species; occupies
a location which confers special shade tree, fragrance, erosion control,
aesthetic, scenic enhancement, historic, preservation or cultural
values to the community. For purposes of this definition, "in fair
or better condition" shall mean that a tree has a relatively sound
and solid trunk with no evidence of extensive decay or visual evidence
of being hollow and with no major insect or pathological problem.
TREE
Any deciduous or coniferous species which has a DBH of six
inches or greater.
TREE PLANTING PLAN
A specific plan adopted by the Township of Willingboro for
the location and placement of trees on public property.
TREE REMOVAL PERMIT
The permit issued by the Township, or its designee, to remove
or destroy a tree or trees.
TREE SPECIALIST
A.
The Township Council shall direct the Director of Public Works
to have a tree specialist on retainer or available to assist in tree-related
activities within the Township. This individual shall be responsible
for the inspection of sites for which application(s) are filed under
this article. This individual will be responsible for the administration
and protection requirements of this article and enforcement of this
article as directed by the Township.
B.
Tree specialist is either of the following:
(1)
A forester who shall have a bachelor's degree in forestry
or arboriculture from a college or university shall be certified as
a certified tree expert by the State of New Jersey and shall have
a minimum of three years' experience in planting, care, and maintenance
of trees. The forester shall also have the responsibility of reviewing
an approved forest management plan and inspecting the forested site
for plan compliance if requested by the Township.
(2)
A conservation officer who shall be certified as a certified
tree expert by the State of New Jersey and shall have a minimum of
three years' experience in planting, care and maintenance of
trees.
The terms and provisions of this article shall apply as follows:
A. Unless specifically excepted in Subsection
D below, it shall be unlawful for any person to remove or cause to remove trees with a DBH of six inches or more without first having obtained a tree removal permit as provided herein.
B. Specimen and historic trees. Trees which have been designated as
specimen or historic under the provisions of this article shall be
maintained in a living condition, and it shall be unlawful for any
person to remove such tree without an approved tree removal permit.
No specimen or historic tree shall be removed unless the applicant
has obtained the approval of the Township Council, with consideration
of the Township's responsible agent or agency recommendations.
C. The condition of trees proposed to be saved shall be evaluated by
use of guides as follows:
(1) Evaluation of Hazard Trees in Urban Areas. ISA Books, Nelda Matheny
and James R. Clark.
(2) Urban Tree Risk Management, USDA Forest Service, Northeastern Area.
(3) The Guide for Plant Appraisal, the Council of Tree and Landscape
Appraisers.
D. Exceptions. The provisions of this article shall not apply to the
following:
(1) Any property upon which no trees are located, as confirmed by a statement
of no tree verification.
(2) Any tree of less than six inches DBH.
(3) Any tree or trees removed or cut in accordance with a forest management
plan, provided that such plan is filed with the Tree Specialist.
(4) Any tree or trees removed or cut in accordance with an approved conservation
plan prepared by the Soil Conservation District, provided that such
plan has been filed with the Tree Specialist.
(5) Any tree or trees planted and grown for commercial purposes on property
used as a commercial nursery, tree farm, garden center, Christmas
tree plantation or tree orchard.
(6) Any tree growing in a utility right-of-way or fire trail subject
to the approval of the Township Tree Specialist.
A tree preservation and removal plan shall be submitted to the
Tree Specialist's office. Applications that require Planning
Board or Zoning Board approval shall have tree preservation and removal
plans as part of the submittal to the Planning Board or Zoning Board,
and said plans shall be provided to the Tree Specialist for review
and approval in accordance with this article. Tree preservation and
removal plans shall contain the following:
A. The name and address of the applicant.
B. The name and address of the owner of the property from which the
trees are to be removed.
C. The lot and block of the property.
D. The shape and dimensions of the lot or parcel, including the location of all easements. If the tree removal permit is for a single-family residence, the plan shall consist of a tree location sketch containing the minimum amount of pertinent information to enable the determination of compliance with the regulations in this article, including the information set forth in Subsection
D(1) and
(2) below and, if necessary, in Subsection
D(6) and
(8) below. The plan for any other property shall include a survey prepared by a licensed land surveyor that contains tree locations. The survey shall contain, at a scale of no less than one inch equals 50 feet, the following information:
(1) The existing and proposed tree preservation limits.
(2) The proposed limit of the clearing and all individual trees to be
retained outside the tree clearing identified by some approved method
as determined by the Tree Specialist such as flagging, prior to the
field inspection. For any clearing greater than or equal to three
acres, a representative 5% of the wooded areas proposed to be cleared
shall be inventoried. The representative 5% shall be determined by
agreement between the Tree Specialist and the applicant. Where less
than three acres is proposed to be cleared, all trees to be removed
shall be inventoried.
(3) The installation and limits of a temporary existing tree protection fence along the limits of the proposed tree removal shall be in compliance with §
352-9.
(4) Locations of all forest types shall be identified by common and botanical
names of dominant tree species.
(5) All specimen and historic trees to be removed shall be indicated
on the plan. All reasonable efforts shall be made to preserve such
trees, including, but not limited to, if feasible, relocation of infrastructure,
roadways and buildings. Removal of such trees shall require specific
written approval of the Township Council with consideration of the
Tree Specialist's recommendations.
(6) A proposed tree replacement plan in accordance with this article.
A tree replacement plan shall be considered the proposed landscaping
plan required for all subdivision and site plan approvals.
(8) The location of existing and proposed structures and improvements,
if any.
Any and all permits approved by the Township shall be declared
null and void if the tree removal is not completed within a reasonable
time, not to exceed 30 days after permit issuance. Permits not used
within this period will require a new application and the payment
of new fees. For purposes of this section, a permit shall no longer
be valid when the work authorized by the permit is completed.
In case of emergencies such as hurricanes, fire, windstorm,
ice storm, flood, freezing temperatures or other disaster, or in the
case of dead or diseased trees which are a hazard to persons or property,
the requirements of the regulations set forth in this article may
be waived by the Township with consultation of a tree specialist upon
a finding that such waiver is necessary so that the public or private
work to restore order on the property in Willingboro Township will
not be impeded.
The Township, in conjunction with the Tree Specialist, shall
oversee all tree removals pursuant to an issued tree removal permit.
The Tree Specialist shall conduct adequate inspections of all sites
for which a tree removal permit has been issued. Upon the ascertainment
of a violation of this article, the Tree Specialist shall refer enforcement
actions to the Code Enforcement Officer or Public Works Supervisor.
All provisions of this article shall apply to any person removing trees on behalf of any other person, including all tree removal construction companies or persons in the business of removing trees or construction. It shall be unlawful for any person or company to remove or cause to be removed any tree or undertake any work for which a permit is required pursuant to this article unless a valid permit therefor is in effect and is displayed in accordance with the provisions set forth in §
352-15; such removal or work shall constitute a violation of this section and shall subject the person or company violating this section to all penalties provided herein.
The Tree Specialist shall perform the duties set forth in this
article and shall be responsible for the enforcement of the provisions
of this article as directed by the Township. In this regard, the Tree
Specialist is authorized and shall perform any necessary inspections
and is further authorized and shall issue violation notices and shall
sign complaints and provide testimony in the Municipal Court for violations
of this article. The Tree Specialist has the authority to enter onto
private property whereon there is located a tree, shrub, plant or
plant part that is suspected to be a public nuisance and to order
its removal if necessary. A public nuisance is any tree or plant with
an infectious disease or insect problem; dead or dying trees; a tree
limb(s) or root(s) that obstruct streetlights, traffic signs, free
passage of pedestrians or vehicles; a tree that poses a threat to
safety; etc.