[1972 Code § 5-9.1]
It is the intent of this section to promote the general welfare
of the residents of the Township by providing for the protection,
regulation, planting and cutting of trees in such a way as to protect
and preserve the environment.
[1972 Code § 5-9.2]
The Governing Body does find that the indiscriminate, uncontrolled
and excessive destruction, removal and cutting of trees upon lots
and tracts of land within the Township has resulted in creating increased
water runoff, soil erosion, stream channel sedimentation and consequent
flooding, depression of the water table, noise pollution and dust,
and decreased soil fertility, air quality, climate moderation, wildlife
habitat and property values, with the result that there has been and
will continue to be further deterioration affecting the health, safety
and general well being of the residents of the Township.
[1972 Code § 5-9.3]
As used in this section:
Shall mean the diameter of a tree measured at a point on
the tree one foot from ground level.
Shall mean any individual, firm, partnership, association
or corporation.
Shall mean any lot, tract, parcel or parcels of land within
the Township.
Shall mean any deciduous or coniferous species which has
a caliper greater than three inches.
Shall mean a certificate issued by the Township Engineer
or designated representative of the Department of Community Development
of the Township to authorize removal or destruction of "trees" as
defined in this section.
Shall mean an area in which trees, shrubs and undercover
will not be disturbed by filling, cutting or by any other means.
[1972 Code § 5-9.4]
No person shall remove or destroy or cause to be removed or
destroyed any tree (as defined above) growing within the Township
without first having obtained a tree removal and site clearing permit
except as otherwise provided herein.
[1972 Code § 5-9.5]
Exempted from this section's provisions shall be trees
located on a tract of land, one acre or less, in all one family residential
zones which tract of land has an existing residential building located
thereon; also exempt are trees growing upon commercial nursery tracts
or orchards.
[1972 Code § 5-9.6]
a.Â
Residential Property. To obtain a tree removal and site clearing
permit, applicant must furnish a sketch of the property of sufficient
accuracy showing the approximate location, trunk diameter and species
of trees to be removed with the Director or designated representative
of the Department of Community Development who, upon review and inspection
(when necessary), shall have sole authority for permit approval.
b.Â
Nonresidential Property, Vacant or Otherwise Developed. No trees
shall be removed unless and until an application in duplicate has
been filed with the Director or designated representative of the Department
of Community Development who, upon receipt of same, shall solicit
the comments of the Environmental Commission (E.C.) to the extent
possible and practical and conduct site inspection and review findings
of the E.C. as to the propriety of issuing the permit.
[1972 Code § 5-9.7; Ord. No. 2015-13]
a.Â
A specific replacement plan in accordance with the provisions set
forth herein may be offered to the Planning Board or Zoning Board
of Adjustment as appropriate proposing replacement be made on an alternate
site, such as, but not limited to, municipal parkland, municipal recreation
facilities or as shade tree plantings throughout the Township of Piscataway.
This plan shall include the following:
1.Â
A plot plan or plat, on a scale of one inch equal 100 feet or less,
showing the existence of wooded areas and clearly marked boundaries
of the plots used to determine the average wooded acre for the site.
For each plot there shall be a listing identifying the number and
species of trees inventoried, to the extent possible and practical.
The plot plan shall include a lot and block number, the street number
if assigned and a certification of compliance with the requirements
of this chapter.
2.Â
Location of streams and watercourses.
3.Â
Location of slopes of greater than 10% where any tree removal is
proposed.
4.Â
Location(s) on the tract where the tree removal is to take place.
5.Â
Total acreage of the tract.
6.Â
Total number of wooded acres permitted for development within the
tract.
7.Â
For tracts less than two acres, the total number, by species of trees
having a caliper of three inches or greater on the tract. For tracts
greater than two acres, the applicant may make an estimate of the
total quantity of trees to be removed, by species, based on the average
wooded acre for the site.
b.Â
All specific plans for the replacement of removed trees shall be
based upon the following formulas:
1.Â
For trees with a caliper of three inches or greater, replacement
trees shall have a minimum caliper of three inches and shall be a
species selected from a current list on file with the Director or
designated representative of the Department of Community Development
and shall be subject to final approval by the Director or designated
representative of the Department of Community Development.
2.Â
Any trees with a caliper equal or greater than three inches not removed
but left standing in areas designated for removal shall be credited
against the total replacement count on a one for one basis.
c.Â
In the event the Planning Board or Zoning Board of Adjustment does
not approve the replacement of all required trees on an alternate
site, then payment shall be made to the Township in the amount of
$300 for each tree not planted on an alternate site.
[1972 Code § 5-9.8]
a.Â
The holder of a tree removal permit shall notify the Director of
the Department of Community Development or designated representative,
in writing, at least three business days in advance of the proposed
date of commencement of tree removal. No activity shall take place
on Saturdays, Sundays or legal holidays without the express written
approval of the Director or designated representative of the Department
of Community Development.
b.Â
No tree removal and/or site clearing permit shall be issued unless
and until the land and subject trees have been viewed by the Director
or designated representative of the Department of Community Development
and same concludes that tree removal from the site in accordance with
the permit shall not impair the growth and development of the remaining
trees on the site and/or adjacent/contiguous properties, including
but not limited to the following:
1.Â
Machinery or materials shall not be permitted to be operated/placed
within a radius of six feet from any tree trunk;
2.Â
The grade of the land located within six feet of any tree trunk shall
not be raised or lowered more than six inches;
3.Â
The proposed tree removal shall not cause soil erosion or increased
dust;
4.Â
The proposed tree removal shall not impair existing drainage patterns;
5.Â
The proposed tree removal shall not substantially impair the aesthetic
values of the area; and
6.Â
The proposed tree removal shall not be in conflict with any recommendations
and/or findings of the Planning Board and/or Zoning Board of Adjustment.
c.Â
The holder of a tree removal permit shall inform the Director or
designated representative of the Department of Community Development
as to the proposed method of disposal of any removed trees, so that
same shall be done in an environmentally sound manner.
[1972 Code § 5-9.9; Ord. No. 04-06]
a.Â
Fees payable for the filing of an application for a tree removal
and/or site clearing permit shall be $100 filing fee and $200 inspection
fee for any site of one acre or less. An additional $200 inspection
fee shall be required for each additional two acres or portion thereof.
b.Â
Fees for removal of trees not authorized by a permit as described
herein, notwithstanding the exceptions listed previously, shall be
$25 per tree removed to a maximum of $5,000 per acre unless an alternate
tree replacement plan is authorized by the Planning Board or Zoning
Board of Adjustment; the Director of the Department of Community Development
or designated representative may require trees to be replanted on
property damaged by unauthorized tree removal, in addition to authorizing
penalties as described herein, with requirements including but not
limited to the following:
1.Â
Any trees authorized by a replacement plan will be required to be
planted prior to the issuance of a building permit or certificate
of occupancy, whichever is applicable, and inspected for compliance
with the terms and conditions of this section. A performance bond
may be posted to guarantee the work at a rate of $300 per tree to
be replaced; the amount of the bond to be approved by the Director
of the Department of Community Development or designated representative
and the form of the bond to be approved by the Township of Piscataway
Director of Law or designated representative.
2.Â
The penalty fees collected as described herein shall be placed into
a fund to be administered by the Township for the purpose of tree
maintenance and replacement.
c.Â
A maintenance bond shall be required to be posted in the amount of
20% of the total cost of the replacement trees for any trees authorized
to be planted as part of the tree replacement plan. In the event that
a performance bond shall be posted to guarantee authorized tree replacement,
a maintenance bond shall be required to be posted prior to the request
to the Governing Body for release of the performance bond.
d.Â
All fees, penalties and/or posting of bonds as described herein shall
be paid and/or posted, as applicable, prior to the request for any
building permit or certificate of occupancy for any structure on the
property described as part of any tree removal activity as described
herein. All fees payable to the Township are required to be submitted
in the form of cash, certified check or money order.
[1972 Code § 5-9.10]
a.Â
Any person found guilty of violating any of the provisions of this
section shall be subject to a fine not to exceed $1,500 for each violation
and the courts which now or hereafter have jurisdiction for the violations
of the Code or ordinances of the Township of Piscataway shall have
jurisdiction for the purpose of this section. Each day that such violation
continues shall be considered a separate violation, subject to fines
as the courts deem appropriate.
b.Â
In addition to the penalties authorized by the subsection above,
the court may require a person who removes or otherwise destroys a
tree in violation of this section to pay a replacement assessment
to the municipality. The replacement assessment shall be the value
of the tree as determined by the appraisal of the Director or designated
representative of the Department of Community Development or a certified
tree expert retained by the Township for such purpose.
