[Editor's Note: Prior ordinance history includes
1971 Code §§ 4-19.1 — 4-19.9 and Ordinance
No. 2003-29]
[Ord. No. 2010-95]
a.
Indiscriminate, uncontrolled and excess destruction, removal and
cutting of trees upon lots and tracts of land within Lakewood Township
will cause increased drainage control costs, increased soil erosion
and sedimentation, decreased fertility of the soil, degradation of
water resources, decreased groundwater recharge, increased buildup
of atmospheric carbon dioxide, the establishment of a heat island
effect and increased dust and pollution.
The singular or cumulative effect of any of the foregoing could
adversely impact the character of Lakewood Township, decrease property
values, render the land unfit and unsuitable for its most appropriate
use, and negatively affect the health, safety and general welfare
of Lakewood's residents. Thus, the Township Governing Body desires
to regulate and control indiscriminate and excessive cutting of trees
within the Township and to require appropriate tree replacement.
b.
It is recognized that there is a strong interrelationship between
the integrity of the Township's water resources, development
on steep slopes, tree removal, soil disturbance, storm water management
and the general use of the land resources. Fewer trees throughout
the Township also correlates with increased air pollution. Therefore,
the Township Committee finds that the appropriate management of these
resources is an important health, safety and general welfare concern.
Managing the Township's tree resources is consistent with the
State-approved Community Forestry Management Plan, as P.L. 1996, c.135.
The appropriate management guidelines for tree preservation to be
utilized are:
c.
Trees are declared to be an important cultural, ecological, scenic
and economic resource. Proper management of this resource will ensure
its maintenance and result in economic returns. A forestry management
program is intended to meet the objectives of preserving, protecting,
enhancing and maintaining trees and providing opportunities for the
continued use of forest resources which are compatible with the maintenance
of the environment. This will be accomplished by ensuring management
of forest and trees through the application of sound management practices.
To that end, it shall be unlawful to cut down, damage, poison or in
any other manner destroy or cause to be destroyed any trees covered
by this chapter, except in accordance with the provisions of this
chapter.
d.
The enforcement of this chapter shall be the duty of the Lakewood
Department of Code Enforcement. When he deems appropriate the Code
Enforcement Officer shall use the expertise of the Shade Tree Commission
through the regulation, planting, care and control of shade, ornamental
and evergreen trees and shrubs in the streets, highways, public places
of the Township and tree removal on all lands within the Township.
[Ord. No. 2010-95]
Shall mean a type of diameter measurement used in the nursery
industry. The height measurement shall be taken from ground level
for field grown stock and from the soil line for container grown stock,
which should be at or near the top of the root flare. Caliper measurement
of the trunk shall be taken six inches above the top of root flare
up to and including four inch caliper size. If the caliper at six
inches above the ground exceeds four inches, the caliper should be
measured at 12 inches above the top of root flare. Seldom are tree
trunks perfectly round. The most accurate measurement will result
from the use of a diameter tape. Caliper measurements taken with manual
or electronic "slot" or "pincer" type caliper tools should be the
average of the smallest and largest measurements.
The plan is to be approved by the New Jersey Department of
Environmental Protection, Division of Parks and Forestry, New Jersey
Forest Service. The Shade Tree Commission shall oversee the implementation
of the Community Forestry Management Plan.
Shall mean the diameter of a tree measured four and one-half
(4 1/2) feet above the uphill/highest side.
Shall mean the detachment and movement of soil or rock fragments
by water, ice, wind and gravity.
Shall mean the lot area as provided in this chapter for which
tree replacement shall not be required.
Shall mean a plan for the management of timbered or forested
lands approved by the New Jersey Department of Environmental Protection,
New Jersey Forest Service, or similar state or federal agency.
Shall mean a tree that has been found to be of notable historic
interest to Lakewood Township because of its age, type, size or historic
association and which has been so designated by the governing body
by resolution.
Shall mean any parcel or area of land or water essentially
unimproved and set aside, dedicated, designated or reserved for public
or private use and enjoyment or for the use and enjoyment of owners
and occupants of land adjoining or neighboring such open spaces, provided
that such areas may be improved with only those buildings, structures,
streets and off-street parking and other improvements that are designated
to be incidental to the natural openness of the land.
Shall mean the Shade Tree Commission formed by municipal
ordinance, N.J.S.A. 40:64-1, et seq.
Shall mean those trees listed as "Specimen Trees" in Section 18-803 H.2 of UDO.
Shall mean any deciduous or coniferous species which has
a DBH of 10 inches or greater.
Shall mean a fund established by the governing body for the
administration and promotion of tree and shrubbery resource sustainability
projects and practices which may be consistent with the Community
Stewardship Incentive Program as outlined within the New Jersey Shade
Tree and Community Forestry Assistance Act P.L. 1996, chapter 135.
Shall mean a specific plan adopted by Lakewood Township for
the location and placement of trees on public property.
Shall mean a specific plan that contains tree locations and other information in accordance with Section 19-5 herein.
Shall mean the permit issued by the Lakewood Inspection Department,
or its designee, to remove or destroy a tree or trees.
Shall mean a specific plan for replacement of removed trees
in accordance with the provision of this chapter.
Shall mean the Lakewood Township Unified Development Ordinance
of 2005. (The UDO may be found in a separate volume.)
[Ord. No. 2010-95]
The terms and provisions of this chapter shall apply as follows:
a.
Unless specifically excepted in paragraph c below, it shall be unlawful
for any person to remove or cause to remove trees with a DBH of 10
inches or more without first having obtained a tree removal permit
as provided herein.
b.
Specimen and Historic Trees. Trees, which have been designated as
specimen or historic under the provisions of this chapter shall be
maintained in a living condition and it shall be unlawful for any
person to remove such tree without an approved tree removal permit.
No specimen or historic tree shall be removed unless the applicant
has obtained the approval of the Code Enforcement Officer.
The condition of trees proposed to be saved shall be evaluated
by use of guides as follows:
c.
Exceptions. The provisions of this chapter shall not apply to the
following:
1.
Any property upon which no trees are located, as confirmed by a Statement
of No Tree Verification, signed and by the property owner.
2.
Any tree of less than 10 inches DBH.
3.
Any tree or trees removed or cut in accordance with a forest management
plan, provided that such plan is filed with the Code Enforcement Officer,
Tree Specialist, Shade Tree Commission and Tax Assessor.
4.
Any tree or trees removed or cut in accordance with a conservation
plan approved by the Soil Conservation District, provided that such
plan has been filed with the Shade Tree Commission or the Tax Assessor.
5.
Any tree or trees planted and grown for commercial purposes on property
used as a commercial nursery, tree farm, garden center, Christmas
tree plantations or tree orchards.
6.
Any tree located on a tract of land one acre or less in size on which
a single-family dwelling has been erected and a Certificate of Occupancy
issued.
7.
Any tree growing on land actually being used for a sanitary landfill
operation or for surface mining.
8.
Any tree growing in a public right-of-way.
9.
Any dead, diseased, or other tree that is likely to endanger life
or property.
10.
Any tree located on a tract of land for which a site that has received
preliminary or final minor or major subdivision approval, preliminary
or final site plan approval from the Planning Board or Board of Adjustment
or where an application has been filed and deemed complete for the
erection of residential dwellings, commercial or industrial uses.
11.
Any tree located within 10 feet of the proposed lines of a building
foundation for which a building permit has been issued.
12.
Any tree located within the actual proposed placement of driveways
and sidewalks incidental to the construction of a principal building,
for which a building permit has been issued.
13.
Any tree in a drainage or utility easement.
[Ord. No. 2010-95]
a.
Any person wishing to obtain a tree removal permit shall make application to the Lakewood Inspection Department by filing a written application and paying such fees as set forth in Section 19-8. No permit shall be issued until a tree preservation and removal plan for the lot or parcel has been reviewed and approved as compliant with Section 19-5.
b.
Where an application, as required by this chapter, has been submitted, no permit shall be issued until a tree save plan for the lot or parcel, if necessary, has been reviewed and approved as compliant with Section 19-5, and until the filing of a written report of an on-site inspection by the Code Enforcement Officer. Where an application is made in connection with the construction of a building or other improvement, no building permit shall be issued until the tree removal permit has been issued.
c.
All required escrow and bond fees for any application, including
required tree replacements or fees, shall be verified as paid prior
to the issuance of the tree removal permit.
d.
Tree removal permit applications shall be filed at the Inspection Department's office and shall be completed in full. The application must be deemed complete and all required fees, as set forth in Section 19-8, be paid prior to review.
e.
Inspections. After the application is complete and reviewed, the
Code Enforcement Officer or the Tree Specialist shall inspect the
trees and property, which are the subject of the permit application.
f.
Permit Approval or Denial. The Code Enforcement Officer shall approve
or deny the tree removal permit within 20 business days after the
application is declared to be complete. The Code Enforcement Officer
shall notify the applicant in writing of the factual basis and criteria
for any denial. The final decision of the Code Enforcement Officer
may be appealed to Township Committee by filing written notice within
10 days of the final decision. The governing body shall hold a public
hearing and issue its decision within 60 days after notice of appeal
is filed, unless the applicant requests, and the governing body consents
to an extension of time. The governing body may delegate its appeal
responsibilities to the Shade Tree Commission.
[Ord. No. 2010-95]
A tree removal and permit application shall be submitted to
the Inspection Department. Applications that require Planning Board
or Zoning Board approval shall have tree removal permit application
as part of the submittal to the Planning Board or Zoning Board and
said plans provided to the Inspection Department for review and approval
in accordance with this chapter. Tree removal permit application shall
contain the following:
a.
The name and address of the applicant.
b.
The name and address of the owner of the property from which the
trees are to be removed.
c.
The lot and block of the property.
d.
The shape and dimensions of the lot or parcel, including the location
of all existing and proposed easements. If the tree removal permit
is for a single-family residence, the plan shall consist of a tree
location sketch containing the minimum amount of pertinent information
to enable the determination of compliance with the regulations in
this chapter. The plan for any other property shall include a survey
prepared by a licensed land surveyor that contains tree locations.
The survey shall contain, at a scale of no less than one inch equals
50 feet the following information:
1.
The existing and proposed tree preservation limits.
2.
The proposed limit of the clearing and all Historic and Specimen
Trees to be retained outside the tree clearing identified by some
approved method as determined by the Code Enforcement Officer or his
designee, such as flagging, prior to the field inspection. For any
clearing greater than or equal to two acres, a representative one
hundred by one hundred (100 x 100) foot sample area reviewed and approved
by the Code Enforcement Officer shall be inventoried. In addition
all Historic and Specimen Trees shall be located.
3.
The installation and limits of a temporary existing tree protection
fence along the limits of the proposed tree removal shall be designated
on the plan.
4.
All Specimen and Historic Trees to be removed shall be indicated
on the plan. All reasonable efforts shall be made to preserve such
trees.
5.
A proposed tree replacement plan, if required, in accordance with
this chapter. A tree replacement plan shall be considered the proposed
landscaping plan required for all subdivision and site plan approvals.
6.
A North arrow.
7.
The location of existing and proposed structures and improvements,
if any.
[Ord. No. 2010-95]
Any and all permits approved by the Inspection Department shall
be declared null and void if the tree removal is not completed within
a reasonable time, not to exceed 36 months, from the date of approval
unless extended by the Code Enforcement Officer. Permits not used
within this period will require a new application and the payment
of new fees. For purposes of this section, a permit shall no longer
be valid when the work authorized by the permit is completed.
[Ord. No. 2010-95]
Upon completion of the review by the Planning Board, Zoning
Board or Code Enforcement Officer, as applicable, the permit will
be approved, provided:
b.
The tree replacement plan is approved by the Code Enforcement Officer;
c.
At least one of the criteria as follows has been satisfied:
1.
The tree is located in an area where a structure or improvements
will be placed according with the approval of Planning/Zoning Boards.
2.
The tree is dead, diseased, injured in danger of falling, is too
close to existing or proposed structures, interferes with existing
utility service, creates unsafe vision of clearance or conflicts with
other ordinances or regulations.
3.
The tree is to be removed for harvesting as a commercial product
or for the purpose of making land available for farming or other agricultural
activity, or is to be removed in furtherance of a forest management
plan or soil conservation plan, or to serve some other purpose which
is consistent with the purposes of this ordinance.
[Ord. No. 2010-95]
a.
Application.
1.
The applicant, at time of filing the application, shall pay the application
fee of $10 for each new or existing lot. No application shall be considered
without the payment of the required fees. An inspection fee of $25
will be applied to all applications requiring an on-site verification.
b.
Tree Escrow Fund. A Tree Escrow Fund shall be established and maintained
by the Chief Financial Officer of Lakewood Township to receive and
disburse replacement tree contributions. Appropriations from the Tree
Fund shall be authorized by the governing body with consideration
of the Shade Tree Commission recommendation in accordance with the
municipal tree planting plan.
The primary purpose of said fund is to provide for the planting
and maintenance of trees and shrubs on public property. The fund will
also cover administrative costs to implement the provisions of this
chapter, including but not limited to site inspections, processing
of permits and supervision of tree replacements.
[Ord. No. 2010-95]
a.
Any tree removed pursuant to this chapter, unless exempt under Sections 19-3c or 19-10c, shall be replaced based on the following:
|
Number of Trees to be Removed
|
Size/Diameter in Inches
|
Number of Replacement Trees
|
Size of Replacement Trees
|
Or Dollar Amount
|
|---|---|---|---|---|
|
1
|
Greater than 10" up to 16"
|
1
|
2 — 2 1/2"
|
$200.00
|
|
1
|
Greater than 16" up to 23"
|
2
|
2 — 2 1/2
|
$400.00
|
|
1
|
Greater than 23" up to 30"
|
4
|
2 — 2 1/2
|
$600.00
|
|
1
|
Greater than 30"
|
5
|
2 — 2 1/2
|
$800.00
|
|
In cases where the tree cost requirement criteria is combined
with other criteria of this subsection, the value of proposed shade,
ornamental, evergreen and shrub material shall be deducted from the
calculated amount for replacement trees. The value of the proposed
landscape material shall be calculated based upon average local material
costs for planting.
|
b.
The applicant will receive a one-for-one replacement tree credit for trees greater than four inches in diameter that are preserved within the exempt area set forth in Section 19-10c.
c.
All replacement trees shall be planted on site in accordance with
the foregoing. However, if one or more of the following conditions
exist, some or all of the replacement trees may be planted off-site:
1.
The site in question cannot physically accommodate the total replacement
amount of trees, and the applicant contributes an amount equal to
the calculated monetary value of non-replaced trees to the Tree Escrow
Fund; or
2.
The Code Enforcement Officer, or the Planning Board and Zoning Board
and applicant agree in writing that the applicant shall make payment
to the Tree Escrow Fund based upon the chart provided; or
3.
The Code Enforcement Officer or the Planning Board and Zoning Board
and applicant agree in writing that the applicant shall plant replacement
trees off-site on municipally owned property pursuant to the municipal
tree planting plan.
d.
Notwithstanding the tree replacement fee schedule in paragraph a
above the maximum tree replacement fee shall be limited to $2,000
per acre of clearing.
[Ord. No. 2010-95]
a.
1.
Prior to construction and any tree removals, suitable tree protective barriers shall be erected and this protection, where required, shall remain until such time as the protection is authorized to be removed by the Code Enforcement Officer or after issuance of a final Certificate of Occupancy. In addition, during construction no attachments or wires shall be attached to any of said trees so protected. Where some grading must take place within the drip line of trees in the protection zone, appropriate measures shall be taken to minimize impact to the trees. Any trees seriously damaged during construction must be professionally treated by a N.J. Certified Tree Expert or replaced according to the schedule in subsection 19-8.1a if the damage is beyond treatment.
2.
A detail of the existing tree self-supported protective barrier shall
be provided on all applications. The protective barrier shall be a
minimum of four feet high.
3.
The self-supported protective barrier shall be placed at the drip line of any tree along the limit of clearing and around the entire drip line for trees to remain undisturbed within the limit of clearing. Refer to: Section 18-803 B, General Standards of the UDO.
4.
It shall be unlawful for any person in the construction of any structure
or other improvement to place solvents, material, construction machinery
or temporary soil deposits within the drip line.
b.
Street right-of-way and utility easements may be delineated by placing
stakes a minimum of 50 feet apart and tying ribbon, plastic tape,
rope, etc., from stake to stake along the outside perimeters of such
areas to be cleared.
[Ord. No. 2010-95]
Any tree removed pursuant to a tree removal permit shall be replaced as provided below, unless said free is located in an exempt area, is dead or fatally diseased as determined by the Code Enforcement Officer, or tree replacement payment is made pursuant to subsection 19-8.1. Tree replacement shall be required in accordance with the standards set forth in ANSI Z60. I, American Standard for Nursery Stock. Tree replacement shall be in accordance with either paragraph a, b, or c below or a combination of paragraphs a, b, and c below.
a.
Replacement trees shall be provided in accordance with subsection 19-8.1 All proposed replacement trees shall be in accordance with selections from Trees For New Jersey Streets, published by the New Jersey Shade Tree Federation, and Street Tree Fact sheets, a publication of the Municipal Tree Restoration Program, and submitted for review and approval prior to the issuance of a tree removal permit.
b.
All replacement trees shall be planted on site, unless all of the replacement trees cannot be physically accommodated. In such instance, the applicant shall pay the tree replacement fee in accordance with the schedule in subsection 19-8.1.
c.
Exempt Areas.
1.
For all new residential and mixed use development, the exempt area
will consist of the area required to construct the dwelling and ancillary
facilities. The ancillary areas shall include the driveway, parking
areas, garage, roads, basins, decks and all utilities, including septic
systems if required. The area required for construction will include
a perimeter of 20 feet around the structure, and a perimeter of five
feet around all ancillary facilities. In addition, the balance of
the area shall be exempt based on the proposed lot size in accordance
with the following:
|
Lot Size
|
Additional Exempt Area
|
|---|---|
|
Up to 7,500 s/f or less
|
95%
|
|
Greater than 7,500 s/f but less than 10,000 s/f
|
90%
|
|
10,001 s/f— 12,000 s/f
|
85%
|
|
12,001 s/f— 15,000 s/f
|
80%
|
|
15,001 s/f— 20,000 s/f
|
75%
|
|
20,001 s/f— 40,000 s/f
|
70%
|
|
Greater than 40,000 s/f
|
50%
|
|
These sites shall be required to preserve or replace the following
minimum number of trees based on the lot size. The replacement trees
for this section shall be either two inch to two and one half (2 1/2)
caliper trees as specified in this ordinance or four to six foot evergreen
trees in accordance with the following:
|
|
Lot Size
|
Minimum Number of Trees
|
|---|---|
|
7,500
|
4
|
|
7,501-10,000
|
6
|
|
10,001-12,000
|
8
|
|
12,001-15,000
|
10
|
|
15,001-20,000
|
12
|
|
20,001-40,000
|
14
|
|
Greater than 40,000
|
16
|
2.
Agricultural operations are exempt from replacement requirements
because such operations are governed by the Right-to-Farm Act, N.J.S.A.
4:1C-1 to 10, which preempts local regulation.
3.
In all commercial, industrial and nonresidential developments the
developed area of the site shall be exempt. The sites shall be required
to preserve or replace trees based on the rate of four trees per acre
of clearing.
4.
Utility line clearance operations, provided that such plan is filed
with the Inspection Department and work performed in accordance with
ANSI A300 Part 7: BMP "Utility Pruning of Trees," and Board of Tree
Experts "Pruning Standards for Shade Trees" section 5.5.
[Ord. No. 2010-95]
In case of emergencies such as hurricanes, fire, windstorm,
ice storm, flood, freezing temperatures or other disaster, or in the
case of dead or diseased trees which are a hazard to persons or property,
the requirements of the regulations set forth in this chapter may
be waived by the Code Enforcement Officer upon a finding that such
waiver is necessary so that the public or private work to restore
order on the property in the Township will not be impeded.
[Ord. No. 2010-95]
The Code Enforcement Officer is hereby authorized to issue stop-work
orders to the holder of the tree removal permit in the event that
there is:
a.
A failure to comply with the approved plan such as a site plan, forest
management plan or soil conservation plan;
b.
Noncompliance with the tree removal permit granted pursuant to this
chapter; or
c.
Noncompliance with the provisions of this chapter.
|
The stop-work order shall remain in effect until the Code Enforcement
Officer, if one has been appointed, has determined that the resumption
of work will not violate the plans, permit or the provisions of this
chapter.
|
[Ord. No. 2010-95]
The Lakewood Department of Code Enforcement in consultation
with the Shade Tree Commission, if one has been appointed, shall oversee
all tree removals pursuant to an issued tree removal permit. The Code
Enforcement Officer shall conduct adequate inspections of all sites
for which a tree removal permit has been issued. Upon the ascertainment
of a violation of this chapter, the Shade Tree Commission shall refer
enforcement actions to the Code Enforcement Officer.
[Ord. No. 2010-95]
All provisions of this chapter shall apply to any person removing trees on behalf of any other person, including all tree removal construction companies or persons in the business of removing trees or construction. It shall be unlawful for any person or company to remove or cause to be removed any tree or undertake any work for which a permit is required pursuant to this chapter unless a valid permit therefore is in effect and is displayed in accordance with the provisions set forth in Section 19-15; such removal or work shall constitute a violation of this section and shall subject the person or company violating this section to all penalties provided herein.
[Ord. No. 2010-95]
a.
The applicant shall prominently display on the site the tree removal
permit issued. Such permit shall be displayed continuously while trees
are being removed or replaced or work done as authorized on the permit
and for 10 days thereafter. In addition, the person or persons cutting
or removing trees, if other than the applicant, shall carry with him/her
authorization from the owner or applicant authorizing such person
to cut or remove trees. In the event that the trees are being cut
or removed in accordance with a forest management plan or a soil conservation
plan, a copy of the plan shall be in the possession of the person
cutting or removing such trees.
b.
As a condition for the issuance of the permit, the applicant shall
agree in writing to the entry onto his/her premises by the Code Enforcement
Officer and all law enforcement officers as necessary to effectuate
the provisions of this chapter, and such entries shall be deemed lawful.
Failure to allow such entry shall be unlawful and shall constitute
a violation of this chapter and shall constitute failure to display
the permit as required herein. It shall be unlawful and considered
a violation of this chapter for any person to engage in the business
of plant cutting, trimming, removal, spraying or otherwise treating
trees, shrubs or vines within the Township and without the applicable
certification or license for the designated work.
[Ord. No. 2010-95]
a.
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 $2,000
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 chapter
and each day the same is violated shall be defined and taken to be
a separate and distinct offense. In addition, the court may order
restitution (fine and/or appraised value, whichever is greater) and/or
replacement of the tree illegally removed.
b.
In addition to other remedies, the Code Enforcement Officer or other
authorized official may institute any appropriate legal action to
prevent a continuing violation of the terms of this chapter.
