As used in this article, the following terms shall have the
meanings indicated:
CRITICAL ROOT ZONE (CRZ)
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.
DRIPLINE
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.
ENFORCEMENT OFFICER
The Township Engineer, Superintendent of Public Works or
duly authorized representative.
EROSION
The detachment and movement of soil or rock fragments by
water, ice, wind and gravity.
PERSON
Individuals, groups, corporations or other similar entities.
TOWNSHIP ENGINEER
The Engineer of the Township of Cinnaminson or their duly
authorized representative.
TREE
Any deciduous or coniferous species that has a DBH of three
inches or greater.
TREE REMOVAL
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:
A.
Cutting or girdling the main stem of the tree;
C.
Excavation within the drip line;
D.
Tilling soil within the drip line;
E.
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.
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.
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
|
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.