[HISTORY: Adopted by the Township Council of the Township
of Verona as indicated in article histories. Amendments noted where
applicable.]
[Adopted by the Shade Tree Commission 3-14-1961 (Ch. 171 of the 1981 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Every person, firm, association, partnership, corporation
and individual.
Shade and ornamental trees and shrubbery now located or which
may hereafter be planted in any public highway, park or parkway or
area between sidewalk and curbs of public streets in the Township,
except those located or planted on county highways, parks and parkways
and state highways.
The Shade Tree Commission of the Township of Verona and its
duly authorized representatives.
All streets, roads, roadways, public highways, parks or parkways,
public alleys, public places in the Township, except county parks,
parkways and highways and state highways.
A.Â
No person, firm, corporation or individual connected with such firm
or corporation shall do or cause to be done by others to any tree,
shrub or plant on a public highway or place, either purposely, carelessly
or negligently, without the permission of the Shade Tree Commission,
any of the following acts:
B.Â
Nothing herein shall prevent any governmental agency from tying a
public notice upon a tree in connection with administering governmental
affairs.
A.Â
No person or corporation shall, without the permission of the Shade
Tree Commission, place or maintain or cause to be placed or maintained
upon the ground in any public highway or place any stone, cement or
other sidewalks or any stone, cement or other substance which shall
impede the free access of air and water to the roots of any tree or
shrub in any public highway or place.
B.Â
An open space of not less than two feet outside the trunks of trees
at their bases on all sides must be maintained on all trees on public
highways except where limited by curb and/or sidewalk.
A.Â
No person shall place salt, brine, oil or other substances injurious
to plant growth in any public highway or place in such a manner as
to injure any tree or shrub growing thereon.
B.Â
No person shall build any fire or station any tar kettle, road roller
or other engine in any public highway in such a manner that the heat
vapors or fumes therefrom may injure any tree or shrub growing thereon.
No person, firm or corporation is permitted to lay any sidewalk
along or to open, construct, curb or pave any street or do any like
act so as to interfere with or do injury to any highway shade tree
without the consent of the Shade Tree Commission.
A.Â
In the erection, altering or repairing of any building or structure,
the owner or contractor thereof shall place such guards around all
nearby trees in public highways or places as will effectually prevent
injury to such trees.
B.Â
No person, firm or corporation shall do any excavating within two
feet of any tree or shrub without the permission of the Shade Tree
Commission.
C.Â
Shovels and all other implements, machines and tools shall be used
or operated in such a manner as not to damage or destroy any tree,
shrub or plant in any public highway place.
D.Â
Where in authorized excavations it becomes necessary to expose or
cut roots more than one inch in diameter, it shall be the duty of
the contractor to protect such roots under advice from the Shade Tree
Commission.
Any person requesting the removal or transplanting of any shade
tree must obtain written approval from the Shade Tree Commission,
which removal or transplanting, in the opinion of the Commission,
is of no advantage to the general public but to said person requesting
the work, then such person shall pay the cost of such work, said costs
to be determined by the Shade Tree Commission. Said cost of removal
or transplanting of a shade tree shall be based upon the size and
condition of the tree. A deposit sufficient to cover the cost of said
work shall be made before the work is started.
The Shade Tree Commission may move or require the removal of
any tree or part thereof dangerous to public safety at the expense
of the owner of such tree, upon first serving written notice to the
owner of said tree that same will be removed unless the owner removes
same within one week from the date of said notice.
No shade or ornamental tree or shrub shall be planted by anyone
but a representative of the Shade Tree Commission in any of the public
highways of this Township.
A.Â
The Shade Tree Commission, in its discretion, will plant a tree for
the property owner upon written request, provided that there is sufficient
distance for the future growth of said tree.
B.Â
Trees replacing trees heretofore planted by the Shade Tree Commission
that have been removed because of disease, storm damage, accidents
or natural causes will, at the discretion of the Commission, be replaced
by the Shade Tree Commission at no charge to the property owner, provided
that there is a minimum width of 50 feet between the trunks of standing
trees on the same side of the street and a minimum width of two feet
for the planting strip which is the distance between the sidewalk
and the curb.
[Amended 4-2-2012 by Ord.
No. 1-12]
C.Â
The type and selection of trees to be planted will be determined
by the Shade Tree Commission.
No person shall prevent, delay or in any manner interfere with
the Shade Tree Commission or its authorized agents or representatives
in the performance of their lawful duties.
In addition to the foregoing powers, the Shade Tree Commission
shall have any and all such powers granted to it by N.J.S.A. 40:64-1
through 40:64-14.
A.Â
Every person, firm or corporation having or maintaining any electric,
telephone, telegraph or other wires running through a public highway
shall securely fasten and maintain such wires in such a manner as
will safeguard the trees and shrubs against any damage therefrom and
shall make periodical adjustments whenever necessary to prevent damage
to trees and shrubs growing in any public highway or place.
B.Â
No person, firm or corporation shall, without permission of the Shade
Tree Commission, attach or fasten any wire, insulator or other device
for holding any wire to any tree or shrub in any public highway or
place.
C.Â
Any public utility or its agents may upon receiving permission from
the Shade Tree Commission at least 24 hours prior to the start of
work, prune or remove trees for line clearance of utility wires in
nonemergency situations pursuant to a line clearance program.
[Amended 4-2-2012 by Ord.
No. 1-12]
D.Â
Any public utility or its agent may undertake emergency tree work
to restore electrical service or spot work to prevent an interruption
of electrical, telephone, telegraph or other wire services. In such
an event, the utility will notify the Verona Department of Public
Works and the Shade Tree Commission of the nature and location of
said work within 24 hours of its beginning.
[Added 4-2-2012 by Ord.
No. 1-12]
Where the permission, consent or approval of the Shade Tree
Commission is required by the provisions of this article, any person,
firm or corporation required to obtain such permission, consent or
approval shall first make application therefor to the Shade Tree Commission,
Township of Verona, County of Essex.
[Amended 4-2-2012 by Ord.
No. 1-12]; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)
[Added 4-2-2012 by Ord.
No. 1-12]
In addition to the penalties authorized by § 493-15 of this article, the Shade Tree Commission may require a person who removes or otherwise destroys a tree in violation of a municipal ordinance to pay a replacement assessment to the municipality. The replacement assessment shall be the value of the tree as determined by the appraisal of a trained forester or certified tree expert retained by the Shade Tree Commission for that purpose. In lieu of an appraisal, the Commission may adopt a formula and schedule based upon the number of square inches contained in a cross section of the trunk of the tree multiplied by a predetermined value per square inch, not to exceed $27 per square inch. The square-inch cross section shall be calculated from the diameter at breast height and, if there is a multiple-stem tree, then each trunk shall be measured and an average shall be determined for the tree. For purposes of this article, "diameter at breast height" shall mean the diameter of the tree taken at a point 4 1/2 feet above ground level. The Shade Tree Commission shall modify the value of the tree based upon its species, variety, location and its condition at the time of removal or destruction.
[Adopted 10-21-2019 by Ord. No. 2019-34; amended in its entirety 2-6-2023 by Ord. No. 2023-06]
A.Â
The Verona Township Council finds that the preservation, maintenance,
protection and planting of trees aids in the stabilization of soil
by the prevention of erosion and sedimentation; reduces stormwater
runoff and the potential damage it may create; aids in the removal
of pollutants from the air and assists in the generation of oxygen;
provides a buffer and screen against noise and pollution; provides
protection against severe weather; aids in the control of drainage
and restoration of denuded soil subsequent to construction or grading;
provides a haven for birds and other wildlife and otherwise enhances
the environment; protects and increases property values; preserves
and enhances the Township's physical and aesthetic appearance;
and generally protects the public health and safety as well as the
general welfare. It is the intent, therefore, of this article to regulate
and control the indiscriminate and excessive cutting of trees on private
property in the Township. It is the further intent of this article
to encourage property owners to preserve and build around trees whenever
possible.
B.Â
Trees are declared important cultural, ecological, scenic, and economic
resources. It is recognized that there is a strong relationship between
the integrity of the Township's water resources, development
on steep slopes, tree removal, soil disturbance, stormwater management
and the general use of the land resources; and a correlation between
increased air pollution and high-density residential and commercial
or industrial uses. Therefore, the Township finds that the appropriate
management of these resources is an important health, safety, and
general welfare concern.
C.Â
Nothing contained in this article shall be held to take away or diminish
any of the powers or authority of the Shade Tree Commission pursuant
to statute.
As used in this article, the terms hereafter set forth shall
be defined and deemed to have the following meanings:
The diameter of a tree trunk measured in inches at the height
of 4Â 1/2 feet above ground level on the downhill side of the
tree. When multiplied, 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
tree is typically devoid of leaves and may have lost bark.
The diameter of a tree measured 4Â 1/2 feet (forestry
method) above the ground level on the downhill side for existing trees.
Trees utilized in the replacement of existing trees or proposed as
part of a landscape plan shall be measured 12 inches above ground
level for trees over a four-inch diameter, and the measurement shall
be six inches above grade for trees up to four-inch diameter (nursery
method).
A tree that is terminally infested with fungus, virus or
insects.
The circular area surrounding a tree, the radius of which
area shall be the distance from the trunk of the tree to the tip of
the outermost branch of the tree.
Any tree with a DPM of 36 inches or greater or any tree designated
by the Township Council as an historic or landmark tree and such other
trees or species of tree as the Council may, from time to time, designate
as an extraordinary tree.
An individual who is licensed as a tree expert or a tree
operator by the State of New Jersey after successfully passing an
examination administered by the Board of Tree Experts.
Plan for the management of timbered or forested lands developed
by the New Jersey Department of Environmental Protection (DEP), Bureau
of Forestry, or similar state or federal agency.
Any deciduous tree that has a caliper at the point of measurement
of six inches or more or any coniferous tree with a height of more
than 10 feet.
A nursery-grown certified tree, having a caliper of no less
than two inches if deciduous or a height of no less than five feet
above the root ball if coniferous, properly balled and burlapped,
and marked with a durable label indicating genus, species, and variety,
and satisfying the standards for nursery stock and installation thereof
set forth by the American Association of Nurserymen. Native species
are encouraged to be used whenever possible. Nonbiodegradable materials
such as plastic must be removed.
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 (12 inches), but never less
than eight feet in radius.
The Shade Tree Commission of the Township of Verona, including
any of its duly appointed members and alternates and any of its duly
authorized agents, contractors, consultants, or employees.
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 shall be considered a significant tree.
A person employed by the Township who is certified by the
State of New Jersey as a licensed tree expert (LTE) and has a minimum
of three years of experience in the planting, care and maintenance
of trees.
Rapidly growing deciduous tree with an aggressive root system
that has become a widespread invasive species across North America.
Harbors and supports the spotted lanternfly.
A.Â
No person shall:
(1)Â
Cut down, destroy or remove or allow or cause such cutting, destruction
or removal of any mature tree (which, as defined above, is any deciduous
tree that has a caliper at the point of measurement of six inches
or more or any coniferous tree with a height of more than 10 feet)
except as permitted by this article.
(2)Â
Cause or allow any willful damage, injury or disfigurement of any
mature tree growing within the Township. For purposes of this subsection,
the actions of any person shall be deemed willful if the damage, injury
or disfigurement of any tree is caused as a result of, but not limited
to, the following: cutting, gashing, nailing (exception for Township-authorized
marking of trees), spiking or slitting of any tree; pouring any liquid
or other material on any tree or on the nearby ground; construction
or placement of any nonporous material on the ground around any tree
so as to cut off air, light or water from the roots; or placement
or removal of any soil from within 15 feet of any tree; or mounding
mulch against the tree trunk; painting (exception for trailblaze markers)
or marking with any permanent compound even if such compound would
not cause the death of the tree.
(3)Â
Store or pile building material or debris or place construction equipment
within 10 feet of any tree.
B.Â
Any term or provision of this article that contemplates, directs,
regulates or prohibits the doing of any act may, in applicable cases
and where the context so requires, be construed to include the causing,
allowing, permitting or suffering of such act to be done by others
under the direction, control or supervision of the person charged
therewith. Every such act shall be deemed to be within the scope of
this article, regardless of whether it is a deliberate, intentional,
or purposeful act or a careless, negligent, or unintentional act.
A.Â
Before construction begins, the developer shall erect snow fencing
or other protective barriers around all mature trees not approved
for removal during construction. Such barriers shall be placed at
least 10 feet from the trunk of any tree and shall remain in place
until the Construction Code Official authorizes the removal of the
protection after issuance of a certificate of occupancy or temporary
certificate of occupancy. No equipment, chemicals, soil deposits or
construction materials shall be placed within any area so protected
by barriers, nor shall any attachments or wires be attached to any
trees so protected. Any landscaping activities subsequent to removal
of barriers shall be accomplished with light machinery or hand labor.
(1)Â
A description of the existing tree protective barrier shall be provided
on all major applications. The protective barrier shall be four feet
high.
(2)Â
The protective barrier shall be placed at the dripline of any tree
along the limit of clearing and around the entire tree dripline for
trees to remain undisturbed within the limit of clearing.
(3)Â
It shall be unlawful for any person in the construction of any structure
or other improvement to place solvents, material, construction machinery
or temporary soil deposits within the dripline.
(4)Â
Street right-of-way and utility easements may be ribboned by placing
stakes a minimum of 50 feet apart and tying ribbon, plastic tape,
rope, etc., from stake to stake along the outside perimeters of such
areas to be cleared.
(5)Â
Large property areas separate from the construction or land-clearing
area into which no equipment will venture may also be ribboned off
as determined by the Zoning Official following a field evaluation.
B.Â
In the event that any tree to be saved in connection with construction
as set forth above shall die within two years after planting, it shall
be replaced by the applicant or property owner within six months.
A.Â
It shall be unlawful for any person to cut, destroy, remove or trim
more than 30%, or cause to be cut, destroyed, removed or trimmed more
than 30%, of any mature tree upon any lands within the Township without
a tree removal permit. If a tree on private property does not meet
the size requirements of a mature tree, a permit is not required unless
declared by Township Council to be an extraordinary tree. All permits
granted under this article must be displayed before any work or staging
of equipment begins and remain posted for two calendar days after
the work is complete.
B.Â
No more than two healthy mature trees shall be permitted for removal on any property per calendar year unless approved by the Planning Board in accordance with § 493-24. Trees determined to be dead, diseased, or a safety hazard by the Township Forester shall not count toward the total removal limit.
C.Â
Extraordinary trees shall be maintained in a living condition, and
it shall be unlawful for any person to harm or remove said tree without
an approved tree removal permit. All reasonable efforts shall be made
to preserve extraordinary trees, including, but not limited to, if
feasible, relocation of infrastructure, roadways, and buildings. Removal
of extraordinary trees shall be prohibited except upon the specific
written recommendation of the Zoning Official after consultation of
the Township Forester and approval by resolution of the Township Council.
D.Â
Excepted from specific tree removal permit application fee, but not
from tree replacement or from mitigation payments to the tree replacement
fund, shall be:
(1)Â
All land-clearing operations as authorized in accordance with a site
plan approval or subdivision approval and conditions imposed with
respect to tree removal and planting granted by the Planning Board
or Board of Adjustment of the Township in accordance with the provisions
of N.J.S.A. 40:55D-20. Under no circumstances shall clear-cutting
be permitted on any property.
(2)Â
The pruning or trimming of trees in a manner that is not harmful
to the health of the tree.
(3)Â
The cutting, removal, or destruction of any tree pursuant to an order
or directive of any municipal, county, or state agency, court order,
or action by the Verona Board of Education.
A.Â
Applications for a permit shall be made to the Zoning Official with the fee set forth in Chapter A565 and shall contain the following information:
(1)Â
The name and address of the applicant;
(2)Â
The name and address of the owner of the property from which the
trees are to be removed;
(3)Â
The address of the property from which the trees are to be removed;
(4)Â
The number of trees requested to be removed and the reason for removal;
and
(5)Â
A tree replacement plan describing or showing the approximate location
of all trees to be planted, the species of such trees and their caliper
or size as required.
C.Â
The applicant shall place a one-inch-wide red, yellow, or blue ribbon
around the trunk of each tree to be removed at a height of 4Â 1/2
feet above the ground so that the proposed tree removal may be inspected
in the field by the Township.
D.Â
A permit shall be issued or denied by the Zoning Official within
20 business days of submission of an application for a permit based
upon the Township Forester's final assessment.
A.Â
Upon receipt of an application for the cutting, destruction or removal
of trees, the Zoning Official, Township Forester, and/or Township
Engineer shall inspect the site on which the trees sought to be cut,
destroyed, or removed are located and shall evaluate the tree conditions,
the drainage, and other physical conditions existing on the subject
property and adjoining properties. The following factors shall be
considered in deciding whether to issue such permit:
(1)Â
Whether the area where the trees are located shall be used for a
building or other structure, a patio, a driveway, a recreation area,
a roadway, a drainage right-of-way, or a sewerage line or whether
the trees are located within 15 feet of any of the foregoing.
(2)Â
Whether the topography of the land in which the trees are located
is deemed dangerous for the continued existence of the tree or trees
located nearby.
(3)Â
Whether the trees, if left undisturbed, are likely to cause a hardship
upon the applicant or place the community in danger or affect deleteriously
an adjacent property owner.
(4)Â
Whether the proposed cutting, destruction, or removal of the trees
would change existing drainage patterns, allow soil erosion, increase
dust, or decrease the fertility of the soil on the land under consideration
or shall similarly affect adjacent land or land located downstream
from the land under consideration.
(5)Â
Whether the proposed cutting, destruction, or removal would impair
the growth and redevelopment of the remaining trees on the applicant's
property or adjacent property.
(6)Â
Whether the proposed cutting, destruction, or removal would constitute
a significant change in the screening between existing or proposed
buildings on contiguous lots or the wooded aspect of the lot as viewed
from the adjacent public road.
(7)Â
Whether the proposed cutting, destruction, or removal would constitute
a horticulturally advantageous thinning of an existing overgrown area
or the removal of dead or diseased trees.
(8)Â
Whether the proposed cutting, destruction, or renewal would affect
the physical and aesthetic value of the property and the neighborhood
or would remediate a safety hazard to persons or structures.
(9)Â
Whether the proposed changes in the topography of the area where
such trees are located will have depressed land configuration or fill
of land which shall be deemed injurious to the tree or other trees
located nearby so as to require welling, construction of an aerification
system, or tree removal or replacement.
(10)Â
If any area of the property for which the tree removal permit is sought meets the definition of a "steep slope," as set forth in § 150-23.4 of this Code, then no mature trees shall be removed from such area unless certified by the Township Forester to pose a threat to the public health, safety, or welfare.
(11)Â
If any area of the property for which the tree removal permit
is sought meets the definition of "riparian zone," as set forth in
N.J.A.C. 7:13-4.1, then no trees shall be removed from such area.
(12)Â
No street tree planted in Township right-of-way is to be removed
by adjacent property owners.
(13)Â
No permits shall be granted for any properties who are delinquent
in payments of property taxes, sewer, or water utility payments or
any other charges levied by the Township.
B.Â
A tree removal permit shall be granted for the removal of trees,
without mitigation, if the tree is dead, diseased, injured, in danger
of falling; poses a safety hazard; or interferes with existing utility
service and cannot be reasonably remedied by trimming, as determined
by the Township Forester or the continued presence of the tree conflicts
with any other ordinances or regulations. Both the permit fee and
mitigation requirements for the removal of any mature Tree of Heaven
shall be waived.
A.Â
Upon receipt of an application for removal of more than two trees, the Zoning Official will visit the site, issue a report after consultation with the Township Forester, and will forward the application and his report to the Planning Board within 20 days of receiving the application. After receipt of the report of the Zoning Official, the Planning Board shall schedule a hearing allowing enough time for the applicant to prepare and serve the required notice. The applicant must notice the owners of all property within 200 feet of the affected premises. The 200-foot notice shall be conducted in the same manner as provided under Chapter 150, Zoning (by certified mail or hand delivery with affidavit of service, at least 10 days prior to the public hearing).
B.Â
The Planning Board, at its hearing, shall consider the following
criteria to determine whether the cutting, removal or destruction
of the trees will:
(1)Â
Impair drainage conditions.
(2)Â
Impair soil erosion.
(3)Â
Increase dust concentration.
(4)Â
Decrease soil fertility.
(5)Â
Deteriorate property value.
(6)Â
Cause a deleterious effect on the land's physical condition.
(7)Â
Destroy a buffer between residential and nonresidential uses.
(8)Â
Endanger life or property within the property, adjoining properties
and/or the public right-of-way.
C.Â
The Planning Board shall not permit removal of a tree unless the
applicant proves that the removal of the trees will not have a negative
impact on any of the criteria listed above or unless it determines
that the continued existence of the tree will cause a hardship to
the owner of the property or the occupant of the property where the
tree is located, or endanger the public on the property where the
tree is located, or adjoining property owner.
D.Â
This section of the article shall not apply to any tree certified
to be a dead tree or a Tree of Heaven by Verona's Township Forester.
All tree removal permits shall expire one year from the date
of issuance. If the approved tree removal has not occurred within
one year, a new permit must be applied for and is subject to the payment
of new application fees.
A.Â
All tree contractors must register with the Township of Verona and pay a registration fee on an annual basis in order to conduct business within the Township (see Chapter A565).
B.Â
All tree contractors operating within the Township shall be licensed
in accordance with the NJ Tree Experts and Tree Care Operators Licensing
Act;[1] maintain the required insurance; hold valid registration
with the Township of Verona; and display proof of same on each of
its vehicles operating in the Township.
[1]
Editor's Note: See N.J.S.A. 45:15C-11 et seq.
C.Â
All tree removal contractors shall carry and provide proof of at
least the following minimum insurance coverage: $2,000,000 property
damage and bodily injury insurance per incident; $300,000 automobile
insurance per incident; and workers' compensation insurance in
such amounts as required by law. All tree removal contractors shall
require their insurers to provide the Township with a minimum of 30
days' advance notice of the cancellation of any required coverage.
Upon the cancellation of any of the required insurance coverage, the
tree removal contractor's registration shall automatically be
suspended, and the tree removal contractor shall thereafter be prohibited
from performing. Upon the submission of satisfactory proof of insurance
coverage, licensure in accordance with the New Jersey Tree Experts
and Tree Care Operators Licensing Act, and a certification that the
tree removal contractor has read, understands, and will comply with
all requirements of this rule, then the Township Clerk shall register
the tree removal contractor as approved to do business in the Township.
D.Â
Within 30 days of the adoption of this article, the Town Clerk shall
mail a copy of this article to persons and entities known to be in
the business of maintaining, cutting, or removing trees within the
Township.
E.Â
Within 30 days thereafter, any company desiring to conduct the business
of maintaining, cutting, or removing trees within the Township shall
register with the Township.
A.Â
Residential development. For residential development where tree removal
is to occur within public or private roadways/rights-of-way, drainage
facilities, parking areas or proposed open space or private property,
all trees are subject to replacement in accordance with this article.
All required escrow and bond fees for said subdivision application,
including required tree replacement, shall be verified as paid prior
to the issuance of the tree removal permit by the Zoning Official.
B.Â
Nonresidential development. All commercial and industrial developments are required to replace all trees removed in accordance with § 493-28 of this article.
C.Â
The Township, the County of Essex, the State of New Jersey, or its
agencies, and all public utilities are exempt from the permit application
process.
A.Â
For each mature tree removed, the applicant shall prepare a replanting
scheme for other treeless areas of the property to compensate for
the removal of the tree(s). The replanting scheme shall reflect a
one-to-one tree replacement unless otherwise stated herein. All replacement
deciduous trees shall have a DPM of not less than two-inch caliper.
For each deciduous tree to be removed, that is: 1) six inches DPM
but less than 16 inches, replacement shall be by a single replacement
tree; 2) 16 inches DPM but less than 24 inches, replacement shall
be by two replacement trees; 3) 24 inches DPM or greater, replacement
shall be by four replacement trees. For each coniferous tree to be
removed, that is: 1) between 10 feet and under 25 feet in height,
replacement shall be by a single replacement tree; 2) 25 feet and
over in height, replacement shall be by two replacement trees. A list
showing species and size of all proposed replacement trees shall be
submitted for review and approval prior to the issuance of a tree
removal permit. Only native and noninvasive species shall be planted.
(1)Â
In the event that the tree removal occurs other than as permitted under this article, mitigation shall be required at the greater of the rate of two replacements or as per replacement schedule in § 493-28A above for each mature tree removed in addition to any fines, fees or penalties imposed by the court.
(2)Â
In the event that it is unknown how many trees were removed from
any given site, and removal took place without a tree permit issued
pursuant to this article, the number of trees requiring mitigation
shall be computed by the Zoning Official (based on an average number
of trees/lot from comparable lots in the Township).
(3)Â
Mitigation in any instance is not to be considered a penalty, but
rather an implementation of the purposes of this article. Mitigation
shall not be a substitute for, but shall be in addition to, any penalty
imposed for violation of the provisions of this article.
B.Â
Trees determined to be dead, diseased, or a safety hazard by the
Township Forester shall be exempt from the replacement requirements
of this article (not the permit fees) but are encouraged to be replaced
on a one-to-one ratio on a voluntary basis.
C.Â
Tree of Heaven trees are uncommonly susceptible to regional pest
infestation. This species is recommended for removal; however, a permit
is required for removal, but it is not subject to the permit application
fees or replacement requirements.
D.Â
For sites where trees (regardless of size) cover large portions of
the site, so that those portions may be considered woods or forest
or recovering woods or forest, the applicant shall prepare a reforestation
scheme on other treeless open space to compensate for clearing of
the tree area with equal square-foot area of new plantings. If sufficient
suitable on-site area is not available, the Zoning Official or Land
Use Board may direct that the compensating reforestation take place
on municipally owned open space and or along a public street upon
the consent of the STC.
E.Â
Reforestation. The reforestation plan shall be based on a twenty-foot-by-twenty-foot
grid. Of this number of trees, 10% shall be balled and burlapped two-inch-to-2Â 1/2-inch
caliper, 20% shall be balled and burlapped 1Â 3/4-inch-by-two-inch
caliper, 30% shall be bare root 1Â 1/4-inch-by-1Â 1/2-inch
caliper and 40% shall be bare root six-foot-to-eight-foot-tall whips.
A mixture of trees indigenous to the area and site shall be utilized.
Proposed trees shall be planted in natural groves and may be spaced
five feet to 20 feet on center. The ground shall be seeded with a
meadow grass mixture approved by the Zoning Official.
F.Â
Tree Replacement Fund. The Zoning Official may permit an applicant to make a payment to the Township's Tree Replacement Fund, established hereunder in § 493-29 in lieu of replacement of part or all of the trees removed pursuant to this article.
G.Â
All replacement trees shall be planted on site in accordance with
the foregoing. However, if one or more of the following conditions
exist, some or all of the replacement trees may be planted off-site:
(1)Â
The site in question cannot physically accommodate the total replacement
amount of trees, and the applicant contributes an amount equal to
the calculated monetary value of unreplaced trees to the Tree Replacement
Fund;
(2)Â
The Zoning Official and applicant agree in writing that the applicant
shall make payment to the Tree Replacement Fund based upon the above;
or
(3)Â
The Zoning Official, in agreement with the STC and applicant, agree
in writing that the applicant shall plant replacement trees off-site
on municipally owned property pursuant to the municipal Community
Forestry Management Plan.
H.Â
All tree replacement requirements and/or fees as set forth in this
section shall be approved and/or paid prior to the issuance of the
tree removal permit by the Zoning Official.
I.Â
In the event that any tree to be planted in mitigation shall die
within two years after planting, it shall be replaced by the applicant
or property owner within six months.
A.Â
There is hereby established a Tree Replacement Trust Fund to receive
and disburse replacement tree contributions. The Tree Replacement
Fund shall be the repository of all monies paid to the Township pursuant
to this article and may also accept contributions for its purposes
from private sources.
B.Â
The primary purpose of said fund is to provide for the replacement,
planting and maintenance of trees and woody shrubs on public property
within the Township (including ground covers, grasses, ferns, vines,
and forbs when they are part of an ecological project using native
plants). Professional consultant fees for administrative and/or consultant
costs to implement the provisions of this article, including, but
not limited to, site inspections, processing of permits, supervision
of tree replacement, and enforcement of this article, shall not exceed
30% of the fund's expenditures. Appropriations from the Tree
Replacement Fund shall be authorized by the Township Manager in accordance
with the Community Forestry Management Plan of the Township.
Any applicant aggrieved by the Zoning Official's rejection
of an application for a tree removal permit or other determination
made under this article may appeal the determination to the Planning
Board by filing the appeal with the Secretary of the Planning Board
within 10 days of the determination of the Zoning Official. The Planning
Board shall hear the appeal within 30 days and may affirm, reverse,
or modify the determination of the Zoning Official by setting forth
a resolution with the Board's holding and the reasons for its
result.
A.Â
Any person, firm, partnership, corporation, association, or other
legal entity violating any of the provisions of this article shall,
upon conviction of such violation, be punished by a fine not less
than $200 and not to exceed $2,000 for each offense, in addition to
the required mitigation for each tree illegally removed. Each illegally
removed or damaged tree shall constitute a separate offense. Violations
of this ordinance shall be heard in the municipal court of any other
court of competent jurisdiction.
B.Â
The Zoning Official, Construction Code Official, Superintendent of
Public Works, Township Engineer, Township Manager and police officers
all have full authority to enforce the provisions of this article,
including the power to enter upon private property to make inspections;
issue summonses or complaints; and issue cease-and-desist notices
and stop-work orders.
C.Â
The Township shall suspend the Township registration of any tree
removal contractor who has submitted a fraudulent tree removal permit
application or a false tree certification(s) for up to three months.
Any subsequent offenses shall require revocation of Township registration
and shall void all business within the Township of Verona.
D.Â
Noncompliance with the provisions of this article may be grounds
for denial of registration of a tree removal contractor.
