[1999 Code § 12.16.010; Ord. No.
O.1659-2008§ 1]
a.
It is the intent of this chapter to promote the general welfare of
the people of the Township by providing for the protection, regulation
and planting and cutting of trees in such a way as to protect and
preserve the environment by conserving to the maximum extent possible
the tree life in the Township. The Mayor and the Township Council
find that the indiscriminate, uncontrolled and excessive destruction,
removal, and cutting of trees upon lots and tracts of land within
the Township has caused increased drainage control costs, increased
soil erosion, increased buildup of atmospheric carbon and increased
dust, tending to decrease the quality of life and to diminish property
values in the Township.
b.
The adverse effects of uncontrolled tree removal affects the general
health, safety, welfare, and well being of the residents of the Township
as well as the integrity of the natural environment and processes
upon which the residents of the Township depend.
c.
Therefore, it is in the public interest that an ordinance establishing
conditions, standards and procedures for the removal and replacement
of trees, and for the preservation of mature vegetation be enacted
by the Township.
[1999 Code § 12.16.020]
a.
With an ever growing population in the Township, it is absolutely
essential to our citizens to remove pollution from our air. It takes
approximately twenty (20) mature trees to clean the air of gases produced
from vehicular traffic consuming five (5) gallons of gasoline. Healthy
trees greatly assist in the battle against air pollution since moist
tree foliage traps dust and soot particles until the rain washes them
away. Trees also consume carbon dioxide, a by-product of the combustion
of organic fuel materials.
b.
Properly planted and nurtured trees are also needed to create sound
barriers to help in the reduction of the noise level made by vehicular
traffic, trains and ultimately the noise which will be created by
the air traffic.
[1999 Code § 12.16.030; Ord. No.
O.1507-2006§ 1; Ord. No.
O.1659-2008§ 1]
As used in this chapter:
Means the Township Engineer.
Shall be determined as follows:
A selective inventory by size and species, of all trees having
a D.B.H. of four (4) inches or greater, shall be conducted using a
minimum of two-tenths (0.2) acre plots which shall be staked or visibly
marked to allow for Township inspection.
The location of the inventory plots shall be determined by the
applicant subject to Township approval, by using a grid overlay drawn
to the same scale as the site plan submitted with the application.
A representative five (5%) percent of the wooded acres proposed
to be cleared shall be inventoried. The representative five (5%) percent
shall be determined by agreement between the applicant, the agencies
with jurisdiction including the Planning or Zoning Board, the Township
planner and the administrative officer. Where two (2) acres or less
are proposed to be cleared, a minimum of one-tenth (1/10) acre shall
be inventoried.
Means the removal of all standing trees on a lot or portion
of a lot.
Means diameter of tree measured at breast height, approximately
four and one-half (4.5) feet from the ground.
Means 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 eight (8) feet from the trunk, whichever is
greater.
Means any individual, firm, copartnership, association, corporation,
limited liability company, limited liability partnership or developer,
other than the Township.
Means one who has a minimum of a Bachelor's of Science
degree in forestry from a four-year college accredited by the Society
of American Foresters.
Means the species of trees acceptable for use in planting
in the Township. A list of recommended trees species shall be maintained
by the Township Engineer and shall be reviewed and approved annually
by the Planning Board. Species not shown on the list of comparable
attributes may be approved for use as equivalent substitutes. Native
tree species are preferred over non-native tree species for equivalent
substitutes.
Means a list recommended trees species maintained by the
Township Engineer, and reviewed and approved annually by the Planning
Board.
Means a nursery grown certified tree, properly balled and
burlapped and marked with a durable label indicating genus, species
and variety, having a minimum caliper of two and one-half (2 1/2)
inches measured at D.B.H. A replacement tree shall be selected from
the recommended tree species list.
Means the management of any forested tract of land to ensure
its continued survival and welfare whether for commercial or noncommercial
purposes pursuant to a plan approved by the New Jersey Bureau of Forestry.
Means a lot upon which a dwelling unit exists, or an individual
conforming, undeveloped single-family residential lot which has the
potential to be developed as a single-family dwelling and is not part
of a subdivision and which lot may not be further subdivided pursuant
to municipal land use law and the Township land use regulations.
Means the forest debris remaining after a tree removal operation.
Means any tree with a D.B.H. of sixteen (16) inches or greater.
Means any tract of land which is hereafter subdivided into
two (2) or more parcels along an existing or proposed street, highway,
easement or right-of-way, for sale or for rent as residential lots
or residential building plots regardless of whether or not the lots
or plots to be sold or offered for sale or leased for any period of
time are described by metes and bounds or by reference to a map or
survey of the property or by any other method of description.
Means any deciduous or coniferous species which reaches a
typical mature height of ten (10) feet or more. An individual tree
for the purpose of this chapter has a D.B.H. of four (4) inches or
greater. A specimen with multiple trunks will be considered an individual
tree with a D.B.H. of one-half (1/2) of the sum of the diameters of
the trunks.
Means a permit to remove trees issued by the administrative
officer after review and approval of application for removal and replacement
of trees by those parties with jurisdiction.
Means a plan for replacement of removed trees in accordance
with the provisions of this chapter.
Means any natural cluster or clusters of trees and vegetative
undergrowth. Street trees, parking lot landscaping trees, and landscaping
surrounding a building or structure that were planted in connection
with prior development shall not constitute a wooded area.
[1999 Code § 12.16.040; Ord. No.
O.1507-2006§ 2]
Any person, firm or corporation having control over any wire
for transmission of electrical current along a public highway shall
at all times guard all trees through which or near which such wires
pass against any injury from wires or from electrical current carried
by them. The device or means used shall in every case be subject to
the approval of the Township Engineer.
[1999 Code § 12.16.050]
No person, firm or corporation shall permit any brine, gas or
injurious chemical to come into contact with the stem or roots of
any tree or shrub upon a public highway, street or road or upon Township
property.
[1999 Code § 12.16.060; Ord. No.
O.1507-2006§ 2]
No person, firm or corporation shall prevent, delay or interfere
with any lawful work undertaken hereunder by the Township Engineer
or other employees of the Township.
[1999 Code § 12.16.070]
No person, firm or corporation shall hitch or fasten an animal
to any tree or shrub on a public highway or to any guard or support
provided for same, nor permit an animal to bite or to otherwise injure
any such tree or shrub.
[1999 Code § 12.16.080; Ord. No.
O.1507-2006§ 2]
The Township Engineer shall have the power to:
a.
Require the removal of any tree or part thereof dangerous to public
safety at the expense of the owner of such tree;
b.
Remove any tree or part thereof dangerous to public safety at the
request and expense of the owner of such tree;
c.
The Township Engineer shall have the power to contract with the owner
of any real estate in the municipality to supply him or her with material
and labor for the purpose of removing trees in accordance with this
section, and to charge the actual cost thereof to such owner. If after
such material or labor is supplied, and payment is not made on demand,
the Township Engineer may certify the actual cost thereof to the Collector
of Taxes, whereupon the sum so certified shall be collected by the
Collector as other taxes on real property are collected in the Township.
[1999 Code § 12.16.090; Ord. No.
O.1507-2006§ 2]
a.
No person shall do or cause to be done upon trees, in any right-of-way,
public street, road or highway within the Township without first obtaining
written permission from the Township Engineer, any of the following
acts:
1.
Cut, trim break, climb with spikes, disturb the roots or otherwise
intentionally injure, misuse or spray with harmful chemicals or remove
any living tree five (5) inches or more D.B.H. or remove any device
installed to support or protect such trees;
2.
Plant any tree;
3.
Fasten any rope, wire, electrical equipment, sign or other device
to a tree or any guard about such a tree or shrub;
4.
Close or obstruct any open space provided at the base of a tree which
open space is necessary to permit the access of air, water or fertilizer
to the roots of such tree;
5.
Pile, heap or store any building material, soil, debris or any other
matter or make any mortar or cement within a distance of six (6) feet
of a tree.
b.
During the period of construction or repair of any building or structure
or in the construction or repair of a street, road, and highway not
yet dedicated to the Town, the owner thereof or the contractor shall
take every precaution to place guards around all nearby trees on Township
land or within public rights-of-way so as to effectively prevent injury
to such trees. The owner and/or contractor shall each be responsible
for the placement of such guards or guardrails and failure to make
adequate provision for the protection of the trees shall subject the
owner and builder to a penalty as hereinafter provided.
[1999 Code § 12.16.100; Ord. No.
O.1507-2006§ 2]
Where a person desires to control the growth of trees on a public
highway, street or road or right-of-way by removing them or pruning
the trees, then the person shall apply for approval to the Township
Engineer and shall outline the work to be performed. If the applicant
fails to comply with the order of the Township Engineer, the applicant
shall be subject to the penalties as hereinafter provided.
[1999 Code § 12.16.110]
No person shall cut, remove or destroy, or cause to destroy,
any tree growing in the Township without having first obtained a permit
as provided in this chapter.
[1999 Code § 12.16.120]
[1999 Code § 12.16.130; Ord. No.
O.1659-2008§ 2]
The following activities are exempt from the tree replacement
element of this chapter:
a.
Commercial nurseries and fruit orchard, garden centers and Christmas
tree plantations, in current operation. Such enterprises which commence
after the effective date of the chapter shall be exempt from the requirements
of this chapter after five (5) years of operation;
b.
Properties used for the practice of silviculture where a plan approved
by the New Jersey Bureau of Forestry is on file with the administrative
officer;
c.
Cutting, pruning and removal of trees in public or utility rights-of-way
and easements by utility companies and agencies having jurisdictions
over the respective utility;
d.
Removal of trees which are dead, dying or diseased or trees which
have suffered severe damage. Any tree whose angle of growth makes
it a hazard to structure or human life;
e.
Any tree on a single-family lot as previously defined, provided,
however, that this exemption shall not apply to any tree removal in
conjunction with the construction of a new single home or a substantial
addition (more than fifty (50%) percent increase in size) to an existing
single-family home; it being understood, however, that under no circumstances
may more than twenty-five (25%) percent of the existing tree cover
be removed without compliance with the terms of this chapter.
f.
Approved game management practice, as recommended by the State of
New Jersey Department of Environmental Protection, Division of Fish,
Game and Wildlife.
g.
Any trees removed pursuant to either a New Jersey Department of Environmental
Protection ("NJDEP") or Environmental Protection Agency ("EPA") approved
environmental clean-up or an NJDEP approved woodlands management plan.
h.
Where no trees are being removed, no application need be submitted.
A signed and sealed letter from applicant's engineer certifying
that no trees are being removed shall suffice.
[1999 Code § 12.16.140]
Notwithstanding any exemption to the replacement requirements
of this chapter, an application for the harvest of timber and/or silviculture,
shall be based upon and in accordance with the standards and recommendations
of the New Jersey State Bureau of Forestry pertaining to the type
of tree removal project proposed.
[1999 Code § 12.16.150, A; Ord.
No. O.1659-2008§ 3]
a.
For the removal of trees (i) not in conjunction with an application for development of property involving minor or major subdivision or site plan, (ii) where the approval of the Planning Board or Zoning Board of Adjustment is not required, or (iii) on any single-family lot not meeting the exemption criteria under subsection 25-6.1e above, an application for obtaining a tree removal permit in a form to be established shall be submitted in duplicate to the administrative officer providing the following information:
1.
Street address of property with block and lot;
2.
Name of owner of property, name of occupant of premises;
3.
Size of the tract;
4.
List identifying the number of trees by species with a D.B.H. greater
than four (4) inches to be removed. For lots one (1) acre or greater
the number of trees to be removed as a percentage of total trees on
the tract;
5.
Name of person or company to do removal or replacement;
6.
Reason for the removal;
7.
Plot plan at any scale between: one (1) inch equals one (1) foot
through one (1) inch equals one hundred (100) feet; showing the location
of all trees and the trees to be removed;
8.
Replacement plan in accordance with subsection 25-8.2a1(l) including the location on plot plan where trees will be replaced;
9.
Indicate whether the subject property has been part of a development
application submitted to the Planning Board or Zoning Board of Adjustment.
If it has, indicate the decision of the respective board and provide
a copy of the resolution and plans.
b.
The administrative officer shall review the submitted information and determine what effect the proposed tree removal will have on the subject property. The administrative officer shall forward a copy of the application for obtaining a tree removal permit to the Department of Planning and Engineering who shall certify that the information contained in the application is accurate. If the proposed removal does not violate the below listed criteria, a tree removal permit, in a form to be established, shall be issued by the administrative officer. If the proposed tree removal does violate one of the below listed criteria, the matter shall be referred to the review board which had or would have jurisdiction in accordance with subsection 25-8.2.
c.
The administrative officer shall have forty-five (45) days to deem
an application for tree removal permit complete. Once the application
is deemed complete, the administrative officer shall have forty-five
(45) days to render a decision of approval or denial, as otherwise
set forth in the Municipal Land Use Law.
d.
A tree removal permit issued by the administrative officer under
this subsection shall be valid for one (1) year from the date of issuance.
It shall be displayed or available for inspection at the site where
tree removal and replacements are to take place. Any person may examine
an application for tree removal permit on file with the administrative
officer upon request made in writing or in person to that officer.
e.
Tree Removal Criteria.
1.
The tree removed is not located within a buffer area as required
by the zoning ordinance for the zoning district in which the property
in question is located;
2.
The tree to be removed is not located within a tree save area or
buffer area as delineated and/or specified on a previously approved
site plan or subdivision plan for the property in question;
3.
The tree to be removed was not required to be planted by a previously
approved application and/or landscape plan to provide screening or
buffering for a building or structure located on the property in question
or on an adjacent parcel of land.
[1999 Code § 12.16.150, B; Ord.
No. O.1659-2008§ 4]
a.
For the removal of trees in conjunction with an application for development
of property as either a minor or major subdivision or site plan, or
in any other form of development where the approval of the Planning
Board or Board of Adjustment will be required, the applicant shall
submit to the Board simultaneously with the application for approval
of such development in a form and manner which complies with the Township
Land Use Regulations, Chapter XXXVIII;
1.
A tree replacement plan consisting of a map having a scale of one
(1) inch equals fifty (50) feet or less showing the location of existing
wooded areas and clearly marked boundaries of the plots used to determine
the average wooded acre for the site. The map shall be prepared by
a professional licensed in the State of New Jersey and authorized
pursuant to law to submit such plans. The map or site plan shall also
show:
(a)
Location of streams and watercourses;
(b)
Locations of slopes greater than ten (10%) percent where any
tree removal is proposed;
(c)
Total acreage of the tract;
(d)
Locations on the tract where tree removal is to take place;
(e)
The location of each 0.1 acre plot used to determine the average
wooded acre as defined above;
(f)
For each plot inventoried to determine the average wooded acre,
the application shall provide a list identifying the species of tree,
the number of trees of each species and the side of each individual
tree in that plot;
(g)
The total number by species of existing trees with a D.B.H.
of four (4) inches or greater on the tract;
(h)
The total number by species of trees with a D.B.H. of four (4)
inches or greater, which are to be removed;
(i)
For tracts greater than two (2) acres, the applicant may make
an estimate of the total quantity of trees by species, based upon
the inventory of one-tenth (0.1) acre plots. For tracts less than
two (2) acres or where less than two (2) acres are proposed to be
cleared, the number and species of trees to be removed shall be based
on actual count;
(j)
All trees with a D.B.H. of sixteen (16) inches or greater shall
be specifically identified by location on the map and listed on a
separate schedule showing species and common name and size. All efforts
shall be made to preserve such trees, including, if necessary, relocation
of infrastructure, roadways and buildings.
(k)
A specific replacement plan for the replanting of removed trees in accordance with Section 25-9;
(l)
Where individual lots are to be created by the application,
individual plot plans shall be prepared showing the location of trees
to be removed and replaced.
b.
The Planning Board or the Zoning Board shall forward the proposed
tree removal plan to the Department of Planning and Engineering for
review and comment. The Department of Planning and Engineering shall
certify that the plan is accurate and so advise the Planning Board
or Zoning Board. The tree removal and replacement plan shall also
be submitted to the Environmental Commission for its comments and
recommendations.
c.
A copy of the signed resolution of approval and a copy of the fully
executed site plan or subdivision indicating all conditions of approval
have been met shall be submitted to the administrative officer before
a tree removal permit shall be issued.
d.
The tree removal permit issued by the administrative officer shall
be valid so long as the approved application is valid. The removal
or damage to trees not approved for removal shall be considered a
violation of this chapter.
e.
Any substantial change in a tree removal and replacement plan shall
necessitate the submission of a revised plan to the appropriate board
for review.
f.
The tree removal permit issued by the administrative officer shall
be displayed or be available for inspection at the site where tree
removal and replacement is to take place. Failure to display or make
available the tree removal permit at the site of removal shall be
a violation of this chapter. Any person may examine the application
for tree removal permit on file with the administrative officer upon
request made in writing or in person to that office. Copies of the
application submission shall be made available at the usual charge.
g.
Prior to the issuance of a building permit by the Construction Official,
the developer shall designate on all relevant lots, the trees to be
retained which designation shall be based upon the tree removal permit.
h.
Prior to the issuance of the certificate of occupancy, the Construction
Official shall receive a release from the administrative officer or
his or her designee that all trees to be retained and all trees to
be replaced under the tree removal permit are in fact in existence
and that all debris (slash) generated as a result of these activities
has been removed.
[1999 Code § 12.16.160; Ord. No.
O.1659-2008§ 5; Ord. No.
O.1878-2014]
For all replacement requirements, the following formulas shall
apply:
a.
For trees with a D.B.H. equal to or greater than four (4) inches
and less than sixteen (16) inches, replacement shall be based upon
the percentage of the trees removed as set forth below:
|
Percentage of Trees Removed from Entire Development
|
Percentage of Trees to Be Replaced with Trees of Min. Size 2.5"
Caliper
|
|---|---|
|
80 to 100
|
80
|
|
60 to 79
|
60
|
|
40 to 59
|
40
|
|
20 to 39
|
20
|
|
Less than 20
|
10
|
b.
For trees with a D.B.H. equal to or greater than sixteen (16) inches,
the removed tree shall be replaced:
|
Existing Tree to Be Removed
|
Number of Replacement Trees
(min. size 2.5" caliper)
|
|---|---|
|
Less than 18
|
3
|
|
Less than 21
|
4
|
|
Less than 24
|
5
|
|
Less than 27
|
6
|
|
Less than 29
|
7
|
|
Less than 31
|
8
|
|
Less than 33
|
9
|
|
Less than 35
|
10
|
|
Less than 37
|
11
|
|
Less than 39
|
12
|
|
Less than 40
|
13
|
|
Less than 41
|
14
|
|
41 inches or greater
|
15
|
c.
The species or type of replacement tree and the mix of replacement
tree types (deciduous, coniferous) shall be selected from the species
removed from the tract under consideration or from the recommended
tree species list.
d.
On parcels to be developed where less than ten (10%) percent of the
site is wooded area, in addition to any trees that must be replaced
or provided under this chapter, there shall be required the addition
of one (1) tree for every one thousand (1,000) square feet of new
or reconstructed impervious coverage. Trees incorporated in a landscaping
plan or required for rights-of-way may not be credited toward this
requirement. The following tree replacement schedule shall apply to
all development with new or reconstructed impervious coverage exceeding
two hundred thousand (200,000) square feet.
|
Project Size
(s.f. of impervious coverage)
|
Number of Trees
|
|---|---|
|
Up to 200,000 s.f.
|
One (1) tree per 1,000 s.f.
|
|
Up to 500,000 s.f.
|
One (1) tree per 2,000 s.f.
|
|
Up to 600,000 s.f.
|
One (1) tree per 2,500 s.f.
|
|
Up to 700,000 s.f.
|
One (1) tree per 3,000 s.f.
|
|
Up to 800,000 s.f.
|
One (1) tree per 3,500 s.f.
|
|
Up to 900,000 s.f.
|
One (1) tree per 7,500 s.f.
|
|
Up to 1,000,000 s.f.
|
One (1) tree per 10,000 s.f.
|
|
Over 1,000,000 s.f.
|
One (1) tree per 15,000 s.f.
|
e.
The applicant may provide replacement trees of a caliper size larger
than two and a half (2.5) inches and receive tree replacement credit
on a tree replacement plan as set forth below:
|
Size of Tree Value
|
Replacement Value
|
|---|---|
|
Minimum 2.5" caliper
|
1.00
|
|
Minimum 3.0" caliper
|
1.25
|
|
Minimum 3.5" caliper
|
2.00
|
|
Minimum 4.0" caliper
|
3.00
|
|
For example, if twelve (12) 2.5" replacement trees are required,
the applicant may provide any one of the following combinations of
trees:
| |
|
Twelve (12) trees of minimum 2.5" caliper:
|
[12 trees x 1.00 (replacement value) = 12 trees]
|
|
Ten (10) trees of minimum 3.0" caliper:
|
[10 trees x 1.25 (replacement value) = 12.5 trees]
|
|
Six (6) trees of minimum 3.5" caliper:
|
[6 trees x 2.0 (replacement value) = 12 trees]
|
|
Four (4) trees of minimum 4.0" caliper:
|
[4 trees x 3.00 (replacement value) = 12 trees]
|
|
Further, the applicant may provide coniferous evergreen replacement
trees of a height between six feet to ten (6 to 10) feet and/or dark
arborvitae replacement trees of a height between eight to twelve (8
to 12) feet and receive a one (1) for one (1) tree replacement credit
on a tree replacement plan.
| |
[1999 Code § 12.16.170]
a.
In addition to the trees required to be replaced by this chapter,
there shall be planted one (1) shade tree for every fifty (50) feet
of frontage on proposed right-of-way.
b.
Where development includes the construction of off-street parking
for ten (10) vehicles or more, shade trees shall be planted around
the perimeter of the parking space in accordance with the standard
in paragraph a. above.
c.
The types and locations of shade trees to be planted shall be shown
in the plans submitted to the Planning Board or Zoning Board of Adjustment
in conjunction with the application for development.
[1999 Code § 12.16.180; Ord. No.
O.1507-2006§ 3; Ord. No.
O.1659-2008§ 6]
a.
All required replacement trees shall be planted on the site from
which trees were removed. A waiver from any portion or all of the
required-on-site replacement shall be granted by the review board
having jurisdiction, if the applicant has adequately demonstrated
to the review board that practical physical difficulties associated
with the subject property that were not caused by the applicant and/or
undue hardship related to the unique conditions of the site from which
trees are to be removed preclude strict compliance with this chapter.
The comments and recommendations of the review board's professional
planner and/or engineer shall be solicited in determining whether
the requested waiver is appropriate.
b.
In lieu of replanting trees on the removal site, the applicant shall
have the option of planting replacement trees of type(s) selected
by the administrative officer from the recommended tree species list
at an off-site location chosen by the board having jurisdiction in
consultation with the Environmental Commission. Such off-site locations
shall be public property and rights-of-way, including, but not limited
to public parks, public schools and public buildings.
c.
For those excess trees that cannot be planted on the site, the applicant
may make a contribution to be deposited in the Township's tree
fund escrow as established by this chapter. The contribution, in lieu
of planting of trees, shall be five hundred ($500.00) dollars per
tree. Applicants shall demonstrate their ability to plant as many
trees on the site as reasonably practicable as determined by the review
board's professional planner and/or engineer. After a showing
that the applicant can place no additional plantings on the site,
the remainder shall be available for contribution in lieu of such
plantings, subject to the recommendation of the review board's
professional planner and/or engineer.
[1999 Code § 12.16.190; Ord. No.
O.1659-2008§ 7]
The applicant shall post a bond covering fifteen (15%) percent
of the cost of the tree replacement plan, including all labor costs,
prior to the final engineering approval for the release of the performance
guarantees, if any. The bond shall be held for two (2) growing seasons
after the cessation of construction or land disturbance on the site.
Funds shall be used to replace trees which die or are damaged during
this two (2)-year growing season period in the event that the applicant
fails in his, her or its duty to replace trees. If the Township replaces
trees under this provision, all administrative fees to cover the Township's
costs including the cost of replacement trees, labor, and materials
shall be deducted from any amount of funds to be returned to the applicant.
Any unused funds shall be returned to the applicant at the end of
the two (2)-year period.
[1999 Code § 12.16.200; Ord. No.
O.1507-2006; Ord. No. O.1659-2008§ 8]
a.
There shall be established by this chapter a Township Tree Fund for
the purposes set forth in this chapter.
b.
All funds collected as contribution in lieu of replanting trees shall
be made out to the "Edison Tree Fund" and deposited into an escrow
account clearly designated as the "Edison Tree Fund." Funds so deposited
shall be used solely for the following purposes:
1.
Park improvements, including landscape improvements, retaining walls,
landscape irrigation systems, park benches, bollards, landscape lighting,
site lighting (excluding sport event lighting) pathways and playground
equipment; provided, however, that at no time shall more than thirty
(30%) percent of the outstanding account balance on an annual basis
be utilized for such park improvements; and
2.
The planting of trees or other landscaping in public parks, property
surrounding public buildings and rights-of-way.
c.
The Edison Tree Fund shall be administered by the Director of Finance. The Director of Finance shall report (listing by date for the report period) to the Township Council, the Planning Board, and the Environmental Commission, on a quarterly basis, the amount in the Fund as of the end of each quarter, the amount deposited by each development application or other contribution, and all amounts dedicated from the Fund for use for the purposes described in Section 25-13b for that period. Such reports for any period shall be filed with the Township Clerk and made available as a public record to residents who request them in writing pursuant to the Open Public Records Act.
d.
Any and all appropriations from the Edison Tree Fund shall be made
by the Township Council of the Township of Edison, upon recommendation
and report from the Environmental Commission as to the inventory of
locations needing remediation based upon the removal of trees at those
locations nearest the site which had generated the funds. The planting
of more than ten (10) trees at any one location shall be reviewed
and commented upon by the Environmental Commission.
[1999 Code § 12.16.210; Ord. No.
O.1659-2008§ 9]
a.
No soil shall be deposited or removed within the drip line or within
eight (8) feet, whichever is greater, of any existing tree trunk.
No machinery or materials shall be sorted, deposited, cleaned or operated
within the drip line or within eight (8) feet, whichever is greater
of any existing trunk.
b.
Drip lines of specimen trees and isolated groupings of trees which
are to remain on site shall be clearly protected by snow fencing.
c.
The grade of the land located along the drip line shall not be raised
or lowered more than six (6) inches unless compensated for by welling
or retaining methods and in no event shall the welling or retaining
wall methods be less than eight (8) feet from the trunk of the tree.
d.
All debris created during tree removal and replacement shall be removed
from the site for disposal before any certificate of occupancy shall
be issued.
e.
Where clearing and construction on the site results in accidental removal or severe damage, which will eventually result in earth and removal, of any tree delineated in the replacement plan as remaining on the site, such removed or damaged tree shall be replaced on a one for one basis by trees two and one-half (2.5) inch caliper if the damaged tree is between two and one-half (2.5) and sixteen (16) inches D.B.H. If the damaged tree is greater than sixteen (16) inches D.B.H., replacement shall be as set forth in subsection 25-9.1b.
f.
Planting.
1.
In general, excavation for planting shall be large enough to accommodate
the natural spread of the root system and at least six (6) inches
deeper and two (2) feet wider than the ball of earth supplied with
the tree. The pit shall be rock free and refilled with seven (7) parts
topsoil and one (1) part humus and the parent soil disposed of properly.
Hardpan shall be loosened an additional twelve (12) inches from the
bottom and side of the pit. Trees shall be adequately fertilized and
watered at the time of planting and mulched with three (3) inches
of approved mulch immediately after planting.
2.
Trees shall be staked and guyed immediately after planting. A minimum
of two (2) stakes shall be driven outside of the excavation of the
root ball. Stakes shall be of cedar or oak, eight (8) feet long, no
less than two (2) inches in diameter. Trees shall be guyed to the
stakes using No. 10 wire covered with rubber hose or equal. The wire
shall be attached to the stake in such a manner that it will not slip
or come into contact with the tree trunk. The trunk of the tree shall
be protected with tree wrap.
[1999 Code § 12.16.220]
[1999 Code § 12.16.230]
a.
Each tree cut, damaged or destroyed in violation of this chapter shall be deemed to be a separate and distinct violation. Any person convicted of violating any of the provisions of this chapter shall be liable to the penalty stated in Chapter I, Section 1-5.
b.
In addition, the Township may institute and maintain a civil suit
in chancery for injunctive relief to enforce the provisions of this
chapter. The Township may also require the replacement of illegally
removed trees with trees of similar species or appropriate contribution
for same as set forth in other sections of this chapter.
c.
The Township Council through the Code Enforcement Officer of the
Township may revoke a tree removal permit where there has been a false
or misleading application or there is noncompliance with the approved
tree removal and replacement plan.
