[Prior Chapter 21, Trees, was repealed and replaced 6-15-2022 by Ord. No. 2022-1. History includes Ord. No. 64-21; Ord. No. 74-10; Ord.
No. 74-31; Ord. No. 95-36; Ord. No. 2002-15.]
[Added 6-15-2022 by Ord.
No. 2022-1]
The Cherry Hill Township Council ("Township Council") recognizes
that trees are a natural resource that provides aesthetic, economic,
ecological, environmental, and health benefits to the municipality
and its inhabitants. It further finds that the treatment of trees
on individual properties can have significant impacts not only on
those individual properties, but also on neighboring properties, the
streetscape, and the entire municipality.
The Township Council finds that the indiscriminate, uncontrolled,
and excess destruction, removal, and cutting of trees upon lots and
tracts of land within the Township of Cherry Hill ("Township") may
result in increased municipal costs to control drainage, increased
soil erosion and sedimentation, decreased fertility of the soil, decreased
local groundwater recharge, increased seasonal temperatures, decreased
air quality, increased dust, loss of wildlife habitat, and change
in visual character. These impacts tend to adversely impact the overall
quality of the Township, with the resulting deterioration of conditions
affecting the health, safety, and general wellbeing of the inhabitants
within the Township.
Therefore, Township Council desires to regulate the removal
of trees within the community, to preserve the maximum amount of non-invasive
trees in the community to the extent practical, and to cause reforestation
of areas where trees have been removed.
[Added 6-15-2022 by Ord.
No. 2022-1]
The below terms are defined as follows for the purposes of this
chapter:
COMMERCIAL TREE REMOVAL APPLICATION
An application for tree removal on any improved or unimproved
lot not otherwise encompassed by a "Residential Tree Removal Application"
as defined herein.
DEAD TREE
A tree that has unseasonable lack of foliage, over 90% brittle
dry branches, or lack of any growth during the growing season.
HEALTHY CONDITION
A tree that is in good condition that has only very minor
defects that could be corrected by pruning, no significant damage
from diseases or pests, no significant mechanical damage, a full and
balanced crown, and normal vigor for its species.
IMMINENT THREAT
Immediate action is needed to undertake tree cutting and/or
removal in order to protect the public health, safety, welfare, or
property, and/or to prevent a significant degradation to the environment.
PERSON
A natural or legal person, including but not limited to:
a property owner, tenant, occupant, resident, contractor, or tree
removal company, whether an individual, corporation, company, association,
society, firm, partnership, joint stock company corporation, trust,
and/or other legal entity, whether private or nonprofit, and any and
all owners, officers, agents, and/or employees thereof.
POOR CONDITION
A tree that is in a degraded condition with irreversible
problems, which may include dead branches representing 50% or more
of the canopy, drastic deformities, multiple trunk cavities, and/or
severe insect, pathogen, or nutritional problems.
RESIDENTIAL TREE REMOVAL APPLICATION
An application for tree removal for any existing improved
lot used entirely for residential purposes with no more than two dwelling
units and which is not the subject of an application for development.
TREE
Any woody perennial plant, having a trunk or main stem with
a DBH of five inches or greater, or any woody perennial plant, regardless
of size, that was planted pursuant to a Tree Replacement Plan subject
to this Ordinance.
TREE REMOVAL
Any action by, or at the direction of, a person including,
but not limited to, destroying, cutting, removing, or trimming more
than 30% of any "Tree," as defined herein, within the Township.
[Added 6-15-2022 by Ord.
No. 2022-1]
The regulation, planting, care and control of shade and ornamental
trees and shrubbery upon and in the streets, highways, public places,
parks and parkways of the Township of Cherry Hill, except State highways,
unless the State Highway Department shall assent thereto, and except
County highways, parks and parkways, if a County Shade Tree Commission
is operative and gives assent thereto, shall be exercised by the Department
of Public Works. Additionally, the Department of Public Works has
authority to issue permits for tree removal on private property, as
set forth herein.
[Added 6-15-2022 by Ord.
No. 2022-1]
The Township may authorize the planting of trees in the Township public right of way ("ROW") if the trees will not block site visibility, nor interfere with above ground or underground utilities, at full growth. Any person desiring to plant a tree in the ROW must first file and obtain a Street Opening Permit from the Department of Engineering in accordance with Township General Ordinance §
20-1, et seq., as amended. The applicant shall identify the land upon which the tree will be located and shall disclose the name and address of the owner or duly authorized agent of the owner to perform the work, the location of the proposed tree on a property survey or scaled plot plan, the species of the proposed tree to be planted, a proposed watering schedule to be performed by that person or entity during the establishment period, as well as any additional information required by the Department of Engineering. No permit shall be required for tree plantings in the ROW when approved by the Cherry Hill Planning Board or Zoning Board of Adjustment. No permit shall be required for tree plantings if performed by, or on behalf of, the Township.
[Added 6-15-2022 by Ord.
No. 2022-1]
The varieties of trees that can be planted on public property
or in the public ROW shall be non-invasive, native to New Jersey,
and appropriate for the location where they are to be planted. Permitted
trees listed in § 508.E.2 of the Cherry Hill Township Zoning
Ordinance and/or in any ROW Replacement Tree List prepared by the
Director of Public Works or his/her designee in consultation with
the Cherry Hill Environmental Board, shall be used as a guide for
the selection of trees, based upon on-site conditions and tree suitability
for the specific location. Street trees shall not interfere with utilities
at grown height.
[Added 6-15-2022 by Ord.
No. 2022-1]
a. Any person desiring to destroy, cut, remove, or trim more than 30%
of any tree that is five inches or greater DBH, upon any lands within
the Township, whether in healthy condition, poor condition, or dead,
as defined herein, shall comply with the provisions of this chapter
and apply to the Director of the Department of Public Works or his/her
designee for a Tree Removal Permit prior to any tree removal.
b. A Tree Removal Permit is not required for the removal of invasive tree species, as determined by the Director of Public Works or his/her designee in consultation with the Cherry Hill Environmental Board, the regular pruning and maintenance of trees, for trees deemed an "Imminent Threat" pursuant to subsection
21-5.3, or for tree removal required as a precondition to the issuance of a Certificate of Continued Occupancy by the Township's Property Maintenance Officer.
c. Any political subdivision of this State and/or any state, or interstate,
any County, State, or Federal government, and any quasi-public entity,
public utility authority, and/or other utility company, desiring to
destroy, cut, remove, or trim more than 30% of, any tree on public
property, within the public right of way, or otherwise within its
jurisdiction, that is five inches or greater DBH is encouraged to
submit its tree removal/trimming plan to the Township and consult
with the Township's designated officials to limit tree removal
to the greatest extent possible and/or encourage replacement plantings
elsewhere within the Township.
[Added 6-15-2022 by Ord.
No. 2022-1]
a. A Tree Removal Permit shall expire six months after its issuance,
may be issued with reasonable conditions as deemed appropriate by
the Director of Public Works or his/her designee, and shall be required
prior to the removal of any tree, whether the tree is in healthy condition,
poor condition, or dead, that is five inches or greater DBH within
the Township.
b. A maximum of three trees in healthy and/or poor condition may be removed by a Residential Tree Removal Applicant from a property within a twelve-month period, except that trees located within the ROW and/or within three feet of a public road may only be removed pursuant to subsection
21-5.2c below.
c. Additional trees may only be removed under the following circumstances:
1. Any trees determined to be dead by the Director of Public Works or
his/her designee;
2. Any trees within a distance of 15 feet around the perimeter of a
proposed location to be occupied by a new building, structure, driveway,
sidewalk, recreation area, and/or utilities, as shown on a plan approved
by the Planning Board or Zoning Board of Adjustment, or approved by
way of a Zoning Permit in accordance with the Cherry Hill Township
Zoning Ordinance;
3. Any trees that have damaged, or will likely cause damage to, any
building, structure, driveway, sidewalk, recreation area, and/or utilities,
or for other good cause as determined by the Director of Public Works
or his/her designee;
4. Any trees in conflict with a Grading Plan approved by the Township
Planning Board, Zoning Board of Adjustment, and/or the Department
of Engineering; and
5. Any trees approved for removal by the Planning Board or Zoning Board
of Adjustment.
d. Removal of all trees in healthy and/or poor condition pursuant to subsection
21-5.2b and
c shall be reviewed in accordance with subsection
21-5.6.
e. On-site tree replacement or a contribution to the Cherry Hill Tree Fund shall be required for all trees removed, in accordance with subsection
21-5.8, except for dead trees, trees that posed an Imminent Threat, and trees removed because they were deemed an invasive species.
[Added 6-15-2022 by Ord.
No. 2022-1]
A Tree Removal Permit is not required prior to substantial cutting
or removal of a tree is if a tree poses an "Imminent Threat," as defined
herein. No on-site replacement or contribution to the Cherry Hill
Tree Fund is required for tree removal due to an "Imminent Threat."
[Added 6-15-2022 by Ord.
No. 2022-1]
Trees and all vegetation in freshwater wetlands areas are protected
by N.J.S.A. 13:9B-1, et seq., Freshwater Wetlands Protection Act Rules,
Chapter 7A; enforced by the New Jersey Department of Environmental
Protection. Neither the Department of Public Works nor the Planning
Board will authorize the removal of trees in any wetlands area until
a permit has been issued by the Department of Environmental Protection.
[Added 6-15-2022 by Ord.
No. 2022-1]
Prior to any person conducting "Tree Removal," as defined herein,
a Residential Tree Removal Application or Commercial Tree Removal
Application shall be submitted to the Department of Public Works identifying
and including the following, if applicable and/or as deemed necessary
by the Director of Public Works or his/her designee:
a. The owner of the land upon which the trees are to be removed. If
the applicant is a party other than the owner a Consent of Owner form
must be submitted;
b. A property survey or scaled plot plan showing the land upon which
the tree is located. This plan shall show the location of all structures
existing on the property;
c. The location of the tree sought to be removed, cut, or destroyed
and the distance of the tree(s) from existing structures and improvements;
d. The person conducting the tree work and their contact information;
e. The species and diameter of the tree(s) sought to be removed or trimmed
measured at 4 1/2 feet above grade; if the site is larger than
three acres, a representative sample of 20% of the trees may be provided;
f. Identification of any other trees that have been removed from the
property in the previous 12 months;
g. The reason or purpose for the tree removal;
h. A tree replacement plan or submission of a tree replacement contribution in accordance with subsection
21-5.8 herein;
i. Any additional information deemed to be necessary by the Department
of Public Works or his/her designee; and
j. Commercial Tree Removal Applications, as defined herein, shall also
submit a copy of the most recent landscape plan approved by the Cherry
Hill Planning Board or Zoning Board of Adjustment, if applicable.
If no landscape plan is available, a property survey or scaled plot
plan which details the location of all parking areas, landscape islands,
and landscaped areas shall be submitted.
[Added 6-15-2022 by Ord.
No. 2022-1]
For the proposed removal of trees in healthy/poor condition and dead trees pursuant to subsection
21-5.2 the Director of Public Works or his/her designee shall review the submitted documents and/or the property to determine whether the proposed tree removal complies with the provisions of this section. Prior to submitting an application for tree removal, the applicant must identify the trees to be removed with a ribbon or other similar marking. The Department of Public Works or his/her designee will review previous files to confirm that no trees in excess of what is permitted by this section have been removed from the property in the previous 12 months.
[Added 6-15-2022 by Ord.
No. 2022-1]
a. An application fee shall be submitted for the tree removal application
subject to these regulations. The fee will cover processing and administrative
costs to the Township, such as review and evaluation of the application
and submitted documents, requisite site inspections, and communications
with the applicant relating to issuance or denial of a Tree Removal
Permit.
b. Residential Tree Removal Application Fees. None.
c. Commercial Tree Removal Application Fees. The application fee shall
be $100, non-refundable.
[Added 6-15-2022 by Ord.
No. 2022-1]
a. Residential Tree Removal Applications. A Tree Replacement Plan shall be required when an excess of three trees are proposed for removal, whether in healthy or poor condition. Replacement trees shall be located on the same property where tree removal is proposed. In lieu of a Tree Replacement Plan, the applicant may pay a contribution to the Cherry Hill Tree Fund established under §
21-6, in accordance within subsection
21-5.8.
b. For Commercial Tree Removal Applications. A Tree Replacement Plan shall be required for the proposed removal of any trees, whether in healthy or poor condition. Replacement trees shall be located on the same property where tree removal is proposed. In lieu of a Tree Replacement Plan, the applicant may pay a contribution to the Cherry Hill Tree Fund established under §
21-6 below, in accordance within subsection
21-5.8.
c. Replacement Schedule. Each applicable removed or destroyed tree shall
be replaced based on the following schedule:
Tree Replacement Schedule
|
---|
Diameter
(measured 4 1/2 feet from grade)
|
Circumference
(measured 4 1/2 feet from grade)
|
Replacement Requirement
|
Replacement Contribution for Residential Tree Removal Applications
|
Replacement Contribution for Commercial Tree Removal Applications
|
---|
5 inches or greater
|
15.7 inches or greater
|
One Replacement Tree
|
$175
|
$300
|
d. Tree Replacement Plan. The tree replacement plan shall identify the
species, mature size, and quantity of replacement trees. Replacement
of trees onsite shall be approved by the Director of Public Works
or his/her designee, shall be generally consistent with the type of
tree removed, unless the removed tree was an inappropriate species,
and shall be replaced with trees that will grow to be of similar mature
size and shape, except that, deciduous trees may replace evergreen
trees. The Director of Public Works or his/her designee, in consultation
with the Cherry Hill Environmental Board, may prepare reasonable standards
in this regard, including but not limited to, the appropriate replacement
tree species, size, location, and timing of planting.
e. Tree Replacement Contribution. If a tree replacement contribution
is being proposed in lieu of onsite tree replacement, the applicant
shall submit payment of the contribution to the Cherry Hill Tree Fund
prior to receiving the Tree Removal Permit.
[Added 6-15-2022 by Ord.
No. 2022-1]
The Township shall hereby establish a "Cherry Hill Tree Fund"
separate from all other funds held by the Township. Funds deposited
into the Cherry Hill Tree Fund shall be used exclusively for the administration
and execution of tree planting projects within the Township including,
but not limited to, purchasing, distributing, and/or planting trees.
The Cherry Hill Environmental Board may propose to the Township tree
planting projects funded though the Cherry Hill Tree Fund for review
and consideration.
[Added 6-15-2022 by Ord.
No. 2022-1]
No debris, limbs or other materials may be dropped upon any
paved street, sidewalk or curb while in the course of cutting or removing
any tree within the Township.
[Added 6-15-2022 by Ord.
No. 2022-1]
Waste generated as a result of any person removing trees must
be removed and disposed of at that person's cost at the time
the trees are removed. Anyone receiving permission to remove a tree
in the right-of-way must also remove the tree stump.
[Added 6-15-2022 by Ord.
No. 2022-1]
The provisions of Chapter
21 will be enforced by the Zoning Officer or his/her designee. Any person who wishes to report what he or she believes to be unauthorized removal of trees should file a report with the Zoning Officer. The Zoning Officer and/or his/her designee will determine if a Tree Removal Permit was granted, and if not, will inspect the site, document his/her findings, and if warranted issue a violation to any responsible "person," as defined herein, including but not limited to the property owner, tenant, occupant, and/or tree removal company. The Zoning Officer may consult with an arborist or other appropriate tree professional retained by the Township to assist with the enforcement of this chapter.
[Added 6-15-2022 by Ord.
No. 2022-1]
The provisions of Chapter
21 will be enforced by the Zoning Officer or his/her designee. Any "person," as defined herein, convicted of a violation of a provision of this chapter shall be liable to the penalty stated in Chapter
1, Section
1-5, for each offense (minimum $100) not to exceed $1,250. The cutting or removal of each tree covered by this section, without a Tree Removal Permit, shall be considered a separate offense. In addition to any monetary fine, any person convicted of a violation of this chapter shall be required to submit a Tree Replacement Plan for each tree removed without a Tree Removal Permit to the Director of Public Works of the Township or his/her designee for review and approval of onsite replanting, or in the alternative pay a contribution of $300 to the Cherry Hill Tree Fund for each tree removed without a Tree Removal Permit.
[Added 6-15-2022 by Ord.
No. 2022-1]
a. The Director of the Department of Public Works may at his/her discretion
remove or require the removal of any tree, or part thereof, deemed
dangerous to public safety.
b. The Director of the Department of Public Works may administer treatment
to remove, or require removal of, any tree situated on private property
at the property owner's expense which is believed to harbor disease
or insects readily communicable to neighboring healthy trees in the
care of the municipality and enter upon private property for that
purpose with the consent of the owner thereof, provided the suspected
condition is first confirmed by certificate issued by and on behalf
of the New Jersey Department of Agriculture.
c. The private property owner is responsible for the care of all trees
on its property up to and including the curb line. Should a tree interfere
with sight lines or the flow of traffic, the Director of Public Works
and/or other government agencies shall have the authority and discretion
to trim or otherwise alleviate the interference at the property owner's
expense.
d. The Director of Public Works, or his/her designee, may consult with
an arborist or other appropriate tree professional retained by the
Township to assist with the administration of this chapter.