The Township Council of the Township of Roxbury, has found that
indiscriminate, uncontrolled and excessive destruction, removal and
cutting of trees upon lots and tracts of land within the Township
causes increased drainage control costs, increased soil erosion, decreased
fertility of the soil, decreased groundwater recharge, increased glare
and heat pollution, increased buildup of atmospheric carbon, and increased
dust all of which tend to impact the character of the Township by
decreasing property value. These factors render land unfit and unsuitable
for its most appropriate use and adversely affect the health, safety
and general welfare of the inhabitants of the Township. Tree conservation
will help secure safety from flood, promote a desirable visual environment,
promote conservation of valuable natural resources, prevent urban
sprawl and degradation of the environment. Therefore, the Township
desires in this article to regulate and control indiscriminate and
excessive cutting of trees within the Township, to preserve the maximum
possible number of trees in the course of development of a site, protect
larger, older specimens of trees, encourage innovative design and
grading to promote the preservation of existing trees, and provide
a plan for replacement of trees which promotes a desirable visual
environment.
The following words and expressions as used in this chapter
shall have the following meanings, unless the context clearly indicates
a different meaning:
AESTHETIC IMPROVEMENT CUT
shall mean the removal of the minimum extent possible of
the smallest and poorest specimens of trees so as to permit land development
while retaining the maximum number of larger and healthier specimens
of trees.
AVERAGED WOODED LOT
shall mean an inventory of a portion of each property subject
to the provisions of this article shall be made to establish the average
number of each species of tree within the area to be disturbed (which
includes any area from which trees are to be removed or cut down).
This inventory shall constitute the averaged wooded lot and shall
be determined as follows: the applicant shall select random one-tenth
(1/10) acre representative plots throughout the area to be disturbed,
which plots shall have comparable tree populations to the area to
be disturbed generally. Each representative plot shall be visibly
marked by stakes or other appropriate markers. The location of the
representative one-tenth (1/10) acre plots shall be subject to approval
by the Administrative Officer. The number of representative one-tenth
(1/10) acre plots shall be equal to fifty (50%) percent of the number
of acres within the area to be disturbed (including any area from
which trees are to be removed or cut down); provided, however, that
the number of representative one-tenth (1/10) acre plots shall not
be less than ten (10) unless the area to be disturbed is one (1) acre
or less, in which event the entire area to be disturbed (including
the area from which trees may be cut down or removed) shall be inventoried.
Once the representative plots have been identified and approved, each
tree on each representative one-tenth (1/10) acre plot shall be inventoried
by species and the average of each species calculated from the total
of each representative one-tenth (1/10) acre plot shall be determined
for the total of representative one-tenth (1/10) acre plots. That
average number of species shall represent the number of species of
each tree within the disturbed area and the composite of all averaged
tree species shall constitute the averaged wooded lot (specimen trees
are not part of the averaged wooded lot as they are inventoried individually
throughout the entire tract.)
BOARD
shall mean the municipal agency, either Planning Board or
Zoning Board of Adjustment.
CLEAR CUTTING
shall mean the removal of all standing trees on a lot or
portion of a lot.
DIAMETER AT POINT OF MEASUREMENT
shall mean the diameter of a tree measured four and one-half
(4 1/2) feet above the ground level on the downhill side for
existing trees to be surveyed in the field and shown on a replacement
plan. Trees utilized in the replacement of existing trees shall be
measured six (6) inches above the ground for trees with a four (4)
inch caliper or less, and measured twelve (12) inches above the ground
for trees over a four (4) inch caliper. Diameter at a point of measurement
may appear in this section as the abbreviation "DPM".
DRIP LINE
shall mean a limiting line established by a series of perpendicular
drop points marking the maximum radius of the crown of an existing
tree, but not less than six (6) feet from the trunk, whichever is
greater.
HOMESTEAD LOT
shall mean a pre-existing lot located within a zone permitting
single family detached dwellings upon which is constructed one single
family detached dwelling or upon which is proposed to construct one
single family detached dwelling; and which property as a result of
zoning restrictions could not be further subdivided.
REPLACEMENT PLAN
shall mean a specific plan for replacement of removed trees
in accordance with the provisions of this Section.
REPLACEMENT TREE
shall mean a nursery-grown certified tree, properly balled,
marked with a durable label indicating genus, species and variety,
and satisfying the standards established for nursery stock and installation
thereof, set forth by the American Association of Nurserymen. Caliper
of replacement trees shall be as follows: evergreen trees, 7' to 8';
ornamental trees, 2" to 2 1/2"; shade trees, 2 1/2" to 3".
The mixture of replacement tree types shall be determined by the Administrative
Officer.
SELECTIVE CUTTING
shall mean the removal of larger trees on an individual basis
while leaving trees of lesser size.
SILVICULTURE
shall mean the management of any wooded tract of land to
insure its continued survival and welfare, whether for commercial
or noncommercial purposes, pursuant to a plan approved by the New
Jersey Bureau of Forestry.
SLASH
shall mean the forest debris remaining after a tree removal
operation.
SPECIMEN TREE
shall mean any tree with a DPM of twenty-four (24) inches
or greater.
THINNING
shall mean the removal of undesirable, competitive, diseased
or damaged trees so as to cultivate and improve the development of
remaining trees on the lot.
TOPPINGS
shall mean the uppermost twenty (20%) percent of height of
a tree constituting its crown.
TREE
shall mean any tree species which has a DPM of six (6) inches
or greater.
No person shall cut down or remove or permit, suffer or allow
the cutting down or removal of any tree or specimen tree without first
having complied with this chapter.
The following shall be exempt from this article:
A. Commercial nurseries and fruit tree orchards.
B. Christmas tree plantations.
C. Removal of trees which are dead, dying or diseased, or trees or specimen
trees which have suffered severe damage, or any tree or specimen tree
whose angle or growth make them a hazard to structures or human life.
D. Pruning or removal of any tree or specimen tree growing on or over
a public right-of-way or public property by an appropriate authority
or authorized utility company for maintenance of utility wires or
pipe lines.
F. Those projects which prior to the effective date hereof have received
preliminary major subdivision approval, final major subdivision approval,
or site plan approval; provided, however, that an amendment to a major
subdivision approval, site plan approval, or preliminary major subdivision
approval which is made after the effective date of this section and
which modification or amendment impacts upon existing trees, shall
be subject to the provisions of this section. Applications for extension
of preliminary major subdivision approval where further tree removal
is required shall be conditioned upon compliance with this section
where the application for extension has not been granted prior to
the effective date of this Section.
All applications for tree removal permits must be made to the Administrative Officer. After determining that the application is complete, the Administrative Officer shall provide written notice to the applicant that the application for tree removal permit is complete and shall refer one copy of the completed application for tree removal permit to the Township Environmental Commission and one copy to the Shade Tree Advisory Committee, together with a written request that they review the application and provide their comments and recommendations within thirty-five (35) days of the date of the letter of transmittal. After thirty-five (35) days from a referral to the Shade Tree Advisory Committee and the Environmental Commission, the Administrative Officer shall approve or deny the application for tree removal permit. If denied, a statement of reasons supporting the denial shall accompany the denial. Due consideration shall be given by the Administrative Officer to the timely receipt of comments and recommendations of the Township Environmental Commission and the Shade Tree Advisory Committee. Where approval is given, no permit shall issue until the applicant provides a performance guarantee as required in Section
13-11.1013. No performance guarantee may be released until full compliance with the approval permit has been made, all required replacement trees have been installed and an appropriate maintenance bond has been posted in accordance with this Section. Where the application is approved, a tree removal permit shall issue as hereinabove described.
Any substantial change in a replacement plan shall necessitate
the submission of a revised plan to the Administrative Officer for
review and approval pursuant to this Section.
The Administrative Officer may revoke a permit where there has
been a false or misleading application or for noncompliance with an
approved replacement plan.