As used in this chapter, the following terms shall have the
meanings indicated:
CALIPER: ANSI Z60 FOR NURSERY STOCK
Caliper is 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.
EROSION
The detachment and movement of soil or rock fragments by
water, ice, wind and gravity.
EXEMPT AREA
The lot area as provided in this chapter for which tree replacement
shall not be required.
FLOOD HAZARD AREA
Commonly referred to as floodplains and riparian zones, are
regulated under the Flood Hazard Area Control Act Rule at N.J.A.C.
7:13. A flood hazard area includes the floodway and the flood fringe
area. The flood hazard area includes any land, and any space above
that land, which lies below the flood hazard area design flood elevation
(DFE), which is equal to the Federal Emergency Management Agency's
(FEMA) 100-year floodplain in coastal areas and at least one foot
higher than FEMA's floodplain in fluvial (noncoastal) areas.
Structures, fill, and vegetation that are situated on land that lies
below the flood hazard area design flood elevation are described as
being "in" or "within" the flood hazard area.
FORESTRY MANAGEMENT PLAN
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.
HISTORIC TREE
A tree that has been found to be of notable historic interest
to Woolwich Township because of its age, type, size or historic association
and which has been so designated and that designation has been officially
made and promulgated as part of the official records of the Township
and accompanied by a resolution of the governing body so designating
said tree.
OPEN SPACE
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.
SELECTIVE LOGGING
The cutting out of certain trees in a stand as defined by
specific criteria (species, diameter at breast height, or height and
form), that are mature or defective, or of inferior kinds to encourage
the growth of the remaining trees in a forest or wood. Selective logging
will leave some trees standing, which allows for natural regrowth,
less impact on the wildlife, and less ugly patches in the landscape.
SPECIMEN TREE
Any tree in fair or better condition which is so designated
by the Shade Tree Commission based on considerations of whether the
tree is a rare species of specimen thereof: is abnormal in height,
trunk diameter or drip line circumference for a tree of its species;
has foliage of an unusual quality for a tree of its species; occupies
a location which confers special shade tree, erosion control, aesthetic,
scenic enhancement, historic, preservation or cultural values to the
community. For purposes of this definition, "in fair or better condition"
shall mean that a tree has a relatively sound and solid trunk with
no evidence of extensive decay or visual evidence of being hollow
and with no major insect or pathological problem.
STATE RECORD TREE
The largest tree of each species found in New Jersey as listed
on the NJ State Big Tree Register.
STEEP SLOPES
Any slope equal to or greater than 11%, as measured over
a minimum run of 10 feet. Figure 9 of the Woolwich Township Environmental
Resource Inventory demonstrates how slope is calculated.
STREET TREE
A street tree is any tree that is growing in the Township
right-of-way, whether in improved (between the sidewalk and the curb)
or unimproved (no sidewalk and/or curb) right-of-way.
TREE
Any deciduous or coniferous species which has a DBH of five
inches or greater.
TREE ESCROW FUND
A fund established by the governing body for the administration
and promotion of tree and shrubbery resource sustainability projects
and practices.
TREE PLANTING PLAN
A specific plan adopted by Woolwich Township for the location
and placement of trees on public property.
TREE REMOVAL PERMIT
The permit issued by the Shade Tree Commission or, its designee,
to remove or destroy a tree or trees.
TREE REPLACEMENT PLAN
A specific plan for replacement of removed trees in accordance
with the provision of this chapter.
TREE SPECIALIST
The governing body may appoint a Tree Specialist. This individual
shall be responsible for the inspection of sites for which applications
are filed under this chapter. This individual will be responsible
for the administration and protection requirements of this chapter
and enforcement of the ordinance. This individual shall also have
the responsibility of reviewing an approved forest management plan
and inspecting the forested site for plan compliance if requested
by the tax assessor.
A.
A Tree Specialist is any of the following:
(1)
A forester who shall have a bachelor's degree in forestry
or arboriculture from a college or university, shall be certified
as a certified tree expert by the State of New Jersey and shall have
a minimum of three years of experience in planting, care and maintenance
of trees.
(2)
A conservation officer who shall be certified as a ceritified
tree expert by the State of New Jersey and shall have a minimum of
three years of experience in planting, care and maintenance of trees.
(3)
In the absence of the above, in-house personnel, specifically
the Director of Community Development in conjunction with the Woolwich
Township Zoning Officer.
B.
The Tree specialist retained from outside of Township administrative
personnel shall be paid from the Tree Escrow Fund, which is established
herein, and shall be paid in accordance with a fee schedule established
by contract with the municipality.
WETLANDS
Are those areas that are inundated or saturated by surface
or groundwater at a frequency and duration sufficient to support,
and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands
generally include swamps, marshes, bogs, vernal pools and similar
areas as regulated by state statutes and regulations.
The terms and provisions of this chapter shall apply as follows:
A. A tree removal permit shall be obtained under the facts and circumstances
set forth herein.
B. It shall be unlawful for any person to cut, remove, top, injure,
or harvest any trees or forest products within areas defined and regulated
as wetlands under the Freshwater Wetlands Protection Act (FWPA). It shall further be unlawful for any person to cut, remove,
top, injure, or harvest any trees or forest products within areas
defined and regulated as a wetland transition area under the Freshwater
Wetlands Protection Act (FWPA) without an approved Forestry Management
Plan that is reviewed and approved by the State Forester and on file
with the Tree Specialist before the activities are undertaken.
C. It shall be unlawful for any person to cut, remove, top, injure,
or harvest any trees or forest products within areas regulated under
the Flood Hazard Areas Control Act without an approved Forestry Management Plan that is reviewed
and approved by the State Forester and on file with the Tree Specialist
before the activities are undertaken.
D. It shall be unlawful for any person to cut, remove, top, injure,
or harvest any trees or forest products within any slope equal to
or greater than 11%, as illustrated, defined in this chapter and calculated
in the Woolwich Township Environmental Resource Inventory (see Map
6 Steep Slopes).
E. It shall be unlawful for any person to remove or cause to removed
trees which are state record, specimen, or historic trees. Such trees
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 Tree Specialist.
F. It shall be unlawful for any person to cut, remove, top, injure,
or harvest any trees or forest products within protected vegetative
buffers, conservation or wetland transition areas identified within
a deed of easement restriction, approved final subdivision plat or
site plan, which has been recorded.
G. It shall be unlawful for any person to cut, remove, top, injure,
or harvest street trees as identified in an approved final subdivision
plat or site plan, which has been recorded, unless a tree removal
permit is issued by the Tree Specialist, in which case replanting
may be a condition of removal and that a greater than 1:1 replacement
may be required.
Any and all permits approved by the Tree Specialist shall be
declared null and void if the tree removal is not completed within
a reasonable time, not to exceed 12 months after permit issuance,
subject to Joint Land Use Board's conditions of approval. In
no case will the permit be valid for more than 12 months, except that
a tree removal permit issued in conjunction with a development approved
under the MLUL shall extend for the period of protection granted to
the development approval under the MLUL. Permits not used within this
period will require a new application and the payment of new fees.
Any tree removed in connection with an application that requires
Joint Land Use Board approval, construction of a building or other
improvement shall be replaced as provided under other provisions of
this chapter, unless said tree is located in an exempt area or is
dead or fatally diseased as determined by the Tree Specialist or certified
tree expert. Tree replacement shall be in accordance with either Subsection
A, B, C or D below or a combination of Subsections A, B, C and D.
A. Standard replacement. For each tree six inches in DBH or greater that is removed, the applicant shall prepare a replanting plan for other areas of the property. The replacement plan or landscape plan shall generally reflect a one-to-one tree replacement for each tree six inches or greater to be removed. 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 Factsheets, a publication of the Municipal Tree Restoration Program, and submitted for review and approval prior to the issuance of a tree removal permit. Please see table in §
177-9.
B. Tree area replacement/reforestation: For each square foot of tree
area to be removed, the applicant shall prepare a reforestation scheme
on other treeless open space areas of the property to compensate for
the tree removals. The reforestation plan shall be based on a twenty-foot-by-twenty-foot
grid. Of this number of trees, 10% shall be balled and burlapped,
two-inch to two-and-one-half-inch caliper, 20% shall be balled and
burlapped, one-and-three-quarter-inch to two-inch caliper, 30% shall
be bare root one-and-one-quarter- to one-and-one-half-inch caliper,
and 40% shall be bare root six-foot- to eight-foot-tall whips. A mixture
of trees, indigenous to the area and site, shall be utilized. Proposed
trees shall be planted in natural groves and may be spaced five feet
to 20 feet on center. The ground shall be seeded with a grass mixture
approved by the Shade Tree Commission. The reforestation formula shall
follow the guidelines as set forth in the New Jersey No Net Loss Reforestation
Act.
C. Credits. The permit applicant will receive a one-to-one replacement
tree credit:
(1) For stands of 10 or more trees within a DBH of six inches or greater
preserved within the limit of the disturbance line (exempt area);
or
(2) Forested areas of one acre or greater, which are left natural and
conveyed to the Township with a deed restriction, will remain forested
and undeveloped. This conveyance excludes all previous dedicated easements.
In case of emergencies such as hurricanes, fire, windstorm,
ice storm, flood, freezing temperatures or other disaster, trees which
are a hazard to persons or property, the requirements of the regulations
set forth in this chapter shall not apply.
The Tree Specialist shall oversee all tree removals pursuant
to an issued tree removal permit. The Tree Specialist 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 Tree Specialist or his/her assignee shall pursue enforcement.
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. 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.
The Tree Specialist shall perform the duties set forth in this
chapter and shall be responsible for the enforcement of the provisions
of this chapter as directed by the Shade Tree Commission. In this
regard the Tree Specialist is authorized and shall perform any necessary
inspections and is further authorized and shall issue violation notices
and shall sign complaints and provide testimony in the Municipal Court
for violations of this chapter.