[Adopted 6-4-2018 by Ord.
No. 2018-9]
A.
The purpose of this article is to provide requirements for the maintenance,
control, protection and improvement of trees along public streets
and roads and sidewalks.
As used in this article, the following terms shall have the
meanings indicated:
All area within a radius from the trunk equal to one foot
for every one inch diameter of tree trunk as measured at the diameter
breast height (DBH). The CRZ is the minimum area surrounding an established
tree which must be left undisturbed in order to preserve sufficient
root mass to provide the tree with a reasonable level of survival.
The diameter of a tree measured 4.5 feet above the ground
at the uphill/highest side.
Circular area surrounding a tree, the radius of which is
the distance from the trunk of the tree to the outermost branch of
the tree.
The Township Engineer, Superintendent of Public Works or
duly authorized representative.
The detachment and movement of soil or rock fragments by
water, ice, wind and gravity.
Individuals, groups, corporations or other similar entities.
The Engineer of the Township of Cinnaminson or their duly
authorized representative.
Any deciduous or coniferous species that has a DBH of three
inches or greater.
Any intentional action that results in the death or significant
degradation of the health/integrity of a living tree including, but
not limited to, the following:
Cutting or girdling the main stem of the tree;
Excessive pruning;
Excavation within the drip line;
Tilling soil within the drip line;
Placement or application of any material, chemicals or other
substance, whether on the ground or upon the tree or its root system,
which impedes air and water from accessing a tree's living components.
It shall be unlawful for any person to trim, remove or cause
to be removed any tree within any Township right-of-way or on any
Township-owned lands unless done in accordance with the terms and
conditions set forth in this chapter.
A.
Any tree located within any Township right-of-way or on any Township-owned
lands may, upon determination by the Enforcement Officer, be removed
as follows:
(1)
By and at the expense of the Township when dead or dying; or
(2)
By a combination of a public utility(ies) and the Township when endangering
any aerial utility(ies), upon determination by the Enforcement Officer
and/or upon the Township receiving notice from an appropriate and
duly authorized public agency; or
(3)
By and at the expense of the Township when endangering any underground
utility lateral(s) within the CRZ of a tree, as determined and/or
confirmed by the Enforcement Officer; or
(4)
By and at the expense of the adjacent and/or affected property owner
when damaging any sidewalk or when endangering an underground utility
lateral(s) outside of the tree's CRZ.
B.
Tree removal shall include removal of the tree stump and any extending
surface roots to surface level.
C.
Any tree removed from any Township right-of-way or any Township-owned
land by a property owner must receive approval from the Township Department
of Public Works prior to removal.
The Enforcement Officer shall be responsible for determining
whether a tree is dead or dying and warrants removal by the Township.
No replacement trees shall be required for trees that are removed
from privately owned land or within a Township right-of-way in accordance
with the provisions of this article unless said tree is part of a
site plan or subdivision approved by the Township Planning or Zoning
Board after the effective date of this article.
The Township shall only be required to remove a tree for endangering
an underground utility lateral within a tree's CRZ if:
A.
A licensed plumber in the State of New Jersey, accompanied by the
Township's Enforcement Officer or their duly authorized representative,
performs an on-site video inspection of the subject property and underground
lateral; and
B.
Based upon the inspection, the Enforcement Officer concludes that
the subject tree is endangering the underground utility lateral within
the tree's CRZ.
No fee shall be required for the removal of trees located within
the Township right-of-way.
A.
Any debris from an approved tree removed from the Township right-of-way
by a contractor hired by a property owner must be removed and disposed
of by the contractor.
For any tree removed pursuant to this article, calculating the
CRZ shall be based on the following table:
|
Tree DBH
(inches)
|
Minimum CRZ Radius
(feet)
|
Maximum CRZ Radius
(feet)
|
CRZ Multiplication Factor, to Apply in Calculating CRZ
|
|---|---|---|---|
|
6 or less
|
6
|
6
|
Minimum CRZ radius
|
|
6 to 10
|
6
|
10
|
1.0, if greater than 6 inches DBH
|
|
10 to 15
|
10
|
15
|
1.0, if greater than 10 inches DBH
|
|
15 to 20
|
15
|
18
|
0.9, if greater than 15 inches DBH
|
|
20 to 25
|
18
|
22
|
0.88, if greater than 20 inches DBH
|
|
25 to 30
|
22
|
24
|
0.8, if greater than 25 inches DBH
|
|
30 to 36
|
24
|
28
|
0.78, if greater than 30 inches DBH
|
|
36 or more
|
28
|
28
|
Maximum CRZ radius
|
A.
Any person aggrieved by the decision of the Enforcement Officer shall
have the right to appeal such decision to the Township Committee.
Such appeal shall be by written notice stating the reasons upon which
the appeal is based and filed with the Township Clerk within 10 days
of the Enforcement Officer's decision.
B.
The Township Committee shall hear the matter, upon notice to the
applicant, within 30 days after the filing of the notice of appeal.
The Township Committee may in its discretion and upon review of the
application and hearing testimony from the Enforcement Officer, the
applicant and any other experts as it may deem appropriate, reverse,
modify or affirm the Enforcement Officer's decision. If the Township
Committee does not act within 30 days after the filing of the notice
of appeal, the Enforcement Officer's decision shall be deemed
to have been affirmed by the Township Committee.
Any person, firm, partnership, corporation, association or other
legal entity violating any of the provisions of this chapter shall,
upon conviction of such violation, be punished by a fine of up to
$1,000 for each offense, in the discretion of the judge before whom
conviction may be had. Each illegally removed tree shall be considered
a separate violation. Each violation of any of the provisions of this
article and each day the same is violated shall be defined and taken
to be a separate and distinct offense. In addition, the court may
also order restitution (fine and/or appraised value, whichever is
greater) and/or replacement of the tree illegally removed.
