[HISTORY: Adopted by the Council of the Township of Monroe 6-27-01 by Ord. No. 0-6-2001-026. Amended in entirety 12-28-15 by Ord. No.
O-12-2015-028. Amended 10-1-18 by Ord. No. O-9-2018-031. Additional amendments noted
where applicable.]
The Township Council of the Township of Monroe finds that indiscriminate,
uncontrolled and excessive destruction, as well as the removal and
cutting of trees on lots and tracts of land within the Township may
cause:
A.
Increased drainage control cost.
B.
Increased soil erosion and sedimentation.
C.
Decreased fertility of the soil.
D.
Degradation of water resources.
E.
Decreased groundwater recharge.
F.
Increased buildup of atmospheric carbon.
G.
The establishment of a heat island effect.
H.
Increased dust and pollution.
|
This could impact the character of the Township and decrease
property values, and render the land unfit and unsuitable for its
most appropriate use and adversely affect the health, safety and welfare
of the inhabitants of the Township. The Township desires to regulate
and control indiscriminate and excessive cutting of trees within the
Township. The Township strives to preserve the maximum possible number
of trees within the Township as well as to protect larger, older specimens
of trees, and in addition, to promote the preservation of existing
trees and to provide a plan for replacement of trees.
|
|
It is recognized that there is a strong relationship between
the integrity of the Township's water resources, development on steep
slopes, tree removal, soil disturbance, stormwater management and
the general use of the land resources; and a correlation between increased
air pollution and high density residential and commercial or industrial
uses. Therefore, the Township finds that the appropriate management
of these resources is an important health, safety and general welfare
concern.
|
[Amended 5-6-2024 by Ord. No. O-4-2024-008]
The following words and expressions used in this chapter shall
have the following meanings, unless the context clearly indicates
a different meaning:
A professional in the practice of arboriculture, which is
the cultivation, management, and study of individual trees, shrubs,
vines, and other perennial woody plants in dendrology and horticulture.
An arborist is sometimes referred to as a "tree surgeon" or less commonly
"arboriculturist" and must be licensed as a Tree Expert or Tree Care
Operator. (N.J.S.A. 45:15C-11)
Caliper indicates the diameter of a tree trunk measured,
in inches, six inches above ground level for trees up to four inches
in diameter and measured 12 inches above ground level for trees over
four inches in diameter.
The minimum volume of roots necessary for the maintenance
of tree health and stability.
The diameter of the trunk of a tree greater than 4" generally
measured at a point four and one half feet above ground level from
the uphill side of the tree. For species of trees where the main trunk
divides below the 4 1/2 foot height, the DBH shall be measured at
both stems and when divided above the 4 1/2 foot height the measurement
is taken as a single stem. When tree forks at 4 1/2" measurement is
taken at the point representative of the tree true diameter.
Dead, dying, diseased, defective or decayed trees, or trees
that obstruct, causing damages to structures or of a public health,
safety and welfare as determined by a NJ LTE.
Where a four foot high standard wood snow fence will be erected
if required by the Conservation Officer.
A specific plan adopted by the Township Council of the Township
of Monroe for the location and placement of trees on public property.
A nursery grown certified tree, properly balled, and marked
with a durable label indicating genus, species and variety, and satisfying
the standards for nursery stock and installation thereof, set forth
by the American Association of Nurserymen.
The likelihood of a conflict and severity of the potential
consequences or tree failure occurring and affecting a target –
personal injury, property damage, or disruption of activities.
All trees removed for solar installations will be replaced in accordance with § 97-7.
Any trees that reach a specified diameter/circumference in
inches at 4.5 feet above ground level at uphill side, any tree designated
by the Township Council as a historic tree or landmark tree, and such
other trees or species of tree as may, from time to time, be designated
as Specimen Trees in the Monroe Township Tree Planting Standards and
Specifications, Specimen Tree List and Recommended Plantings, on file
in the Township Clerk's office.
Arborist spurs or spikes, commonly referred to as "gaffs,
"spurs," "hooks," etc., used for the primary means of ascending a
tree that was destined for removal or personnel rescue operation.
The practice of removing whole tops of trees or large branches
and/or trunks from the tops of trees, leaving stubs or lateral branches
that are too small to assume the role of a terminal leader. Other
common names for the practice include "hat-racking," "heading," "rounding
over," and "tipping." Some species of trees are more likely to recover
from topping than others.
Any deciduous or coniferous species which reaches a typical
mature height of 12 feet or more, and has a typical DPM of four inches
or greater at maturity.
To kill or to cause irreparable damage that leads to the
decline and/or death of a tree. This includes, but is not limited
to, excessive pruning, application of substances that are toxic to
the tree, over-mulching or improper mulching, and improper grading
and/or soil compaction within the critical root radius around the
base of the tree that leads to the decline and/or death of a tree.
Removal does not include responsible pruning and maintenance of a
tree, or the application of treatments intended to manage invasive
species.
A specific plan for replacement of removed trees in accordance
with the provisions of this chapter.
License issued by the Conservation Officer of the Township
of Monroe to remove or destroy a tree or trees.
There shall be appointed and designated an official whose formal
title shall be "Conservation Officer of the Township of Monroe." This
official shall be charged with the inspection of sites for which permit
applications are filed under this chapter, and the administration
and enforcement of the tree removal and protection requirements of
this chapter.
Subject to the exemptions set forth herein, no person shall
cut or remove, or cause to be cut or removed, any tree upon any lands
within the Township, unless the cutting or removal is accomplished
in accordance with the provisions of this chapter.
[Amended 4-1-2019 by Ord.
No. O-3-2019-010; 5-6-2024 by Ord. No. O-4-2024-008]
A.
Permit required.
(1)
No person shall remove or destroy or cause to be or allow to be removed
or destroyed any tree of two and one half (2 1/2) inch or greater
for street trees or any other tree of four (4) inch caliper or larger
without first obtaining a tree removal permit unless exempt under
this chapter. Tree removal permits shall be issued by the Conservation
Officer.
(2)
Where the tree removal is for the construction of any building, driveway,
recreation area or anything else for which a building permit is required,
no building permit shall issue until the applicant, unless exempt,
has obtained any permit(s) required under this chapter.
(3)
Where a tree is proposed to be removed in conjunction with an application
for development that required approval by the Planning Board or Zoning
Board of Adjustment, a tree removal permit under this section shall
be required, in addition to all other requirements of this chapter,
including the tree replacement requirements, which shall apply and
be satisfied by the applicant as a condition of approval by the Planning
or Zoning Board of Adjustment.
(4)
Where a tree is proposed to be removed from the Township public property
by a private party and is not associated with a development application
pending before the Planning Board or Zoning Board of Adjustment, the
approval of the Shade Tree Commission shall be required.
B.
Permit application. Applications for a permit shall be made to the
Conservation Officer and shall contain the following information:
(1)
The name and address of the applicant.
(2)
The name and address of the owner of the property from which the
tree(s) are to be removed.
(3)
Location on the property of the tree(s) to be removed, indicated
on the Tree Removal and Replacement Plan.
(a)
The plan shall indicate all tree(s) to be removed, specifically
by an assigned number, and the caliper of each tree.
(b)
The plan shall indicate all tree(s) to remain, and proposed
replacement trees, specifically by an assigned number.
(c)
In lieu of (a) and (b), for any clearing greater than three
acres, or where determined to be appropriate by the Conservation Officer
for any clearing of less than three acres where the property is heavily
wooded, a representative 5% sampling of the wooded areas proposed
to be cleared shall be inventoried. The representative 5% shall be
determined by agreement between the Conservation Officer and the applicant,
provided that all Specimen Trees shall be indicated on the plan.
(d)
All reasonable efforts shall be made to preserve Specimen Trees,
including but not limited to, if feasible, relocation of infrastructure,
roadways, and buildings. Removal of Specimen Trees shall require the
specific written recommendation of the Conservation Officer and approval
of the Township Council.
(e)
The plan shall indicate a limit of disturbance line.
(4)
Any other information which may reasonably be required to enable
the application to be properly evaluated including, but not limited
to, a description of the purpose for which this application is to
be made; e.g. clearing land for agricultural use, harvesting timber,
fire protection, private parks, scenic improvements, hardship, danger
to adjacent properties, removal of diseased or damaged trees, transplanting
or removal in a growing condition to other locations, installation
of utilities, or drainage of surface water.
C.
Inspection required. The Conservation Officer or his or her designee
shall inspect the trees and the property which is the subject of the
permit application, for the purpose of enforcing this chapter.
D.
Exemption from Chapter. Any destruction or removal of trees, except
Specimen Trees, shall be exempt from the provisions of this chapter
if the trees sought for destruction or removal are:
(1)
Growing on property actually being used as a nursery, garden center
or orchard.
(2)
Removed in accordance with a "management plan" approved by the New
Jersey Department of Environmental Protection ("DEP") and approved
by the Environmental Commission and Conservation Officer.
(3)
Located on a working farm and either cleared in accordance with a
soil conservation plan approved by the Department of Environmental
Protection, or exempt from DEP requirements. Agricultural operations
are exempt from replacement requirements provided the property in
question is farmed for a minimum of five years after the date of clearing.
An application must be submitted prior to clearing. If the property
is developed for any other use before the five years expires, the
replacement obligation shall be enforced according to the new use
of the property.
(4)
Less than two and one half (2 1/2) inches for street trees and four
(4) inches for all others.
E.
Permit Fees. Upon application for a tree removal permit, the applicant
shall be charged the following fees:
(1)
Application: $35.
(2)
For new residential building lots: after the first five trees, $15
per tree, up to a maximum of $300 per lot, irrespective of lot size.
(3)
For all other properties: after the first five trees, $15 per tree
to be removed, up to a maximum of $600 for each acre, or part thereof,
to be cleared.
(4)
These permit fees are in addition to replacement tree obligations
or in-lieu contributions.
F.
Time limit. All tree removal permits shall be limited to one year
from date of issuance. If the approved tree removal has not occurred
within one year, a new permit must be applied for and the applicant
is again subject to the payment of a permit fee.
A Tree Escrow Fund shall be established by the Township to promote
environmental enhancement programs such as tree planting, tree preservation,
park plantings, landscaping and/or other related projects on or within
publicly owned properties or facilities. A separate trust account
shall be established to receive and disburse replacement tree contributions
under the supervision of the Township Treasurer. Appropriations from
the Tree Escrow Fund shall be authorized by the Mayor and Council,
and shall be used in accordance with the municipal tree planting plan,
taking into consideration the recommendations of the Conservation
Officer and/or the Shade Tree Commission.
[Amended 5-6-2024 by Ord. No. O-4-2024-008]
Any tree removed pursuant to this chapter, unless exempt from
replacement requirements, shall be replaced based on the following:
A.
|
Trees to be Removed
|
Replacement Trees
| ||
|---|---|---|---|
|
Caliper
|
# of Trees
|
Caliper or Dollar Amount
| |
|
One tree greater than 2 1/2" for street trees, for 4" and up
to 8" for others
|
1
|
2" - 2 1/2"
|
$300.00
|
|
One tree greater than 8" and up to 12"
|
2
|
2" - 2 1/2"
|
$600.00
|
|
One tree greater than 12" and up to 16"
|
4
|
3"
|
$1,920.00
|
|
One tree greater than 16" and up to 20"
|
5
|
3"
|
$2,400.00
|
|
One tree greater than 20" - 24"
|
6
|
3 1/2" - 4"
|
$3,000.00
|
|
One tree greater than 24" - 28"
|
7
|
3 1/2" - 4"
|
$3,500.00
|
|
One tree greater than 28" - 32"
|
8
|
4"
|
$4,200.00
|
|
One tree greater than 32"
|
10
|
4"
|
$5,250.00
|
B.
The applicant will receive a one for one replacement tree credit
should stands of 10 or more trees greater than four inches in caliper
be preserved within the limit of disturbance line.
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 the unreplaced trees to the Tree
Escrow Fund; or
(2)
The Conservation Officer and applicant agree in writing that the
applicant shall make payment to the Tree Escrow Fund based upon the
above chart; or
(3)
The Conservation Officer 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.
Tree replacements shall conform to the recommended plantings set
forth in "Monroe Township Tree Planting Standards and Specifications,
Specimen Tree List and Recommended Plantings" on file with the Township
Clerk unless otherwise approved by the Conservation Officer.
E.
Trees required to be planted in accordance with site plan or subdivision
approval by the Planning Board or Zoning Board of Adjustment shall
be counted towards an applicant's tree replacement obligation.
F.
Trees shall be monitored by the applicant for a period of two years
and be replaced within one year from the verified date of decline.
[Amended 5-6-2024 by Ord. No. O-4-2024-008]
A.
Existing residential property.
(1)
If the application is on behalf of an existing homeowners' association
or a developed property not exempt from the provisions of this chapter,
and the total number of trees, other than Specimen Trees, to be removed
or destroyed on the property or open space area in question which
is the subject of the application is four (4) or less per acre over
a five year period, the applicant must submit justification by a NJ
LTE as per N.J.S.A. 45:15C-11.
(2)
Hazard trees may be removed with no fee or replacement requirement
as verified by a NJ LTE.
(3)
Any tree removal occurring where a homeowners' association exists
must present formal approval by the ruling body of the Association
or its designee prior to obtaining a tree removal permit.
B.
New residential development.
(1)
Lots served by municipal sewerage
(a)
If the application is for a new residential development and
the proposed lot area is no more than 40,000 square feet, up to thirty-seven
and one-half percent (37.5%) of the trees on the lot may be removed
for the purpose of clearing for the building envelope, driveway and
yard space for said building lot only without replacement trees required.
(b)
If the application is for a new residential development and
the proposed lot area is greater than 40,000 square feet, up to 15,000
square feet in area of trees on the lot may be removed for the purpose
of clearing for the building envelope, driveway and yard space for
said building lot only without replacement trees required.
(2)
Lots not served by municipal sewerage
(a)
If the application is for a new residential development and
the proposed lot area is no more than 40,000 square feet, up to 50%
of the trees on the lot may be removed for the purpose of clearing
for the building envelope, driveway and yard space for said building
lot only without replacement trees required.
(b)
If the application is for a new residential development and
the proposed lot area is greater than 40,000 square feet, up to 20,000
square feet in area of trees on the lot may be removed for the purpose
of clearing for the building envelope, driveway and yard space for
said building lot only without replacement trees required.
C.
Other criteria.
(1)
The Conservation Officer shall approve the removal of a tree, except
a Specimen Tree, without requiring replacement trees or payment into
the Tree Escrow Fund, if the following criteria apply:
(a)
The tree is located on a parcel for which preliminary or final
subdivision or site plan approval was obtained prior to the adoption
of Ordinance No. 0-9-98-039 and it cannot be relocated on the site
because of its age, type or size; or
(b)
The tree is dead, diseased, injured, in danger of falling, interferes
with existing utility service, creates an unsafe condition, or its
continued presence conflicts with any other ordinances or regulations.
(2)
No Specimen Tree shall be removed unless the Conservation Officer
has obtained the approval of the Township Council.
[Added 5-6-2024 by Ord. No. O-4-2024-008]
A.
All sidewalks,
steps, driveways, parking spaces and similar paved areas for or used
by the public shall be kept in a proper state of repair free of all
snow, ice, mud, overhanging trees and shrubs which obstruct walkways,
and other debris, and shall be maintained free of hazardous conditions.
It shall be the owner's responsibility to maintain such areas, except
that the occupant shall remain responsible for such areas bordering
or on the premises of any single-family dwelling, including mitigation
of dead, dying, diseased, defective or decaying trees. If any sidewalk
driveway or portion thereof, by virtue of its state of repair shall
constitute a danger to the public health and safety, the sidewalk
driveway or portion thereof shall be replaced.
[Amended 5-6-2024 by Ord. No. O-4-2024-008]
The requirements of this chapter shall be enforced by the Conservation
Officer, who shall inspect or require adequate inspection of all sites
upon which there is an application for a tree removal permit. The
Conservation Officer shall oversee all applicable tree removal or
destruction and soil removal incidental thereto. Upon ascertaining
a violation of this chapter, the Conservation Officer shall refer
charges in the Municipal Court as provided in this chapter. In addition
to other remedies, the Conservation Officer or other proper municipal
official may institute any appropriate legal action to prevent a continuing
violation of the terms of this chapter.
[Amended 5-6-2024 by Ord. No. O-4-2024-008]
Any person, firm, partnership, association or other legal entity
violating or causing to be violated any of the provisions of this
chapter shall be subject to a fine of not less than $250 and not more
than $2,000 and shall replace each tree destroyed or removed in violation
of this chapter with nursery grown tree(s) of the same species having
a caliper of not less than two inches. Each tree destroyed or removed
in violation of this chapter shall be considered a separate offense.[1]
[1]
Editor's Note: Former § 97-11, Appeal, which immediately
followed this section, was repealed 8-2-2021 by Ord. No. O-6-2021-016.
