[Ord. 2007-1]
The township council of the Township of East Windsor 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.
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 make provisions for replacement of trees.
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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.
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[Ord. 2007-1]
The following words and expressions used in this chapter shall
have the following meanings, unless the context clearly indicates
a different meaning:
CLEAR CUTTING
Shall mean the removal of all standing trees on
a lot or portion of a lot.
DIAMETER AT POINT OF MEASUREMENT
Shall mean the diameter of a tree measured four
and one-half feet (forestry method) above the ground level on the
downhill side for existing trees. Trees utilized in the replacement
of existing trees or proposed as part of a landscape plan, shall be
measured 12 inches above ground level for trees over a four-inch caliper.
The measurement shall be six inches above grade for trees up to four-inch
caliper (nursery method). Diameter at point of measurement may appear
as the abbreviation "DPM."
MANAGEMENT PLAN
Shall mean plan for the management of timbered
or forested lands developed by the New Jersey Department of Environmental
Protection, Bureau of Forestry, or similar State or Federal Agency.
MUNICIPAL TREE PLANTING PLAN
Shall mean a specific plan adopted by the township
council of the Township of East Windsor for the location and placement
of trees on public property.
REPLACEMENT TREE
Shall mean 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.
SPECIMEN TREE
Shall mean a living tree with a DPM of 36 inches
or greater and any living tree designated by the township council
as a historic tree or landmark tree and such other living trees or
species of tree as council may, from time to time, designate as a
specimen tree. Trees determined to present an eminent hazard to persons
or structures by a New Jersey certified tree expert or certified arborists,
shall not be deemed a specimen tree for purposes of this chapter.
TREE
Shall mean any deciduous or coniferous species
which reaches a typical mature height of 12 feet or more, and has
a typical DPM of five inches or greater at maturity.
TREE REMOVAL PERMIT
Shall mean license issued by the Zoning Officer
of the Township of East Windsor to remove or destroy a tree or trees.
[Ord. 2007-1]
The township's zoning officer shall be charged with the inspection
of sites for which applications are filed under this chapter, and
the administration and enforcement of the tree removal and protection
requirements of this chapter.
[Ord. 2007-1]
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.
[Ord. 2007-1]
A Tree Escrow Fund shall be established by the township to receive
and disburse replacement tree contributions under the supervision
of the township finance director. The mayor and township council in
accordance shall authorize appropriations from the Tree Escrow Fund.
[Ord. 2007-1]
Any living tree removed pursuant to this chapter, unless exempt under section
12A-8, shall be replaced based on the following:
a.
Trees to Be Removed
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Replacement Trees
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Caliper
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Number of Trees
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Caliper or
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Dollar Amount
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1.
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Greater than 5" and up to 12"
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1
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2—2-1/2"
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$ 240.00
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2.
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Greater than 5" and up to 12"
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1
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3—3-1/2"
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$ 480.00
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3.
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Greater than 12" and up to 18"
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2
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2-1/2—3"
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$ 440.00
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4.
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Greater than 18" and up to 24"
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2
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3"
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$840.00
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5.
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Greater than 24"
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4
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3"
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$1,680.00
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The monetary value for replacement trees may be amended from
time to time by the mayor and township council by resolution.
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b.
The applicant will receive a one for one replacement tree credit
should stands of ten or more trees greater than five inches in caliper
be preserved within the limit of disturbance line. The township zoning
officer shall determine the limit of disturbance line for application
of replacement tree credit provisions of this subsection.
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 removed trees to the
Tree Escrow Fund, or
2. The zoning 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 zoning officer and applicant agree in writing that the applicant
shall plant replacement trees off-site on municipally owned property.
[Ord. 2007-1]
The zoning officer, who shall inspect or require adequate inspection
of all sites upon which there is an application for tree removal,
shall enforce the requirements of this chapter. The zoning officer
shall oversee all applicable tree removal or destruction. Upon ascertaining
a violation of this chapter, the zoning officer shall refer charges
in the municipal court as provided in this chapter. In addition to
other remedies, the zoning officer, the construction official, or
other proper municipal official, may institute any appropriate legal
action to prevent a continuing violation of the terms of this chapter.
[Ord. 2007-1]
Any person 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 in accordance with the tree replacement
provisions of this chapter. Each tree destroyed or removed in violation
of this chapter shall be considered a separate offense.
[Ord. 2007-1]
Any applicant or permit holder, or any person otherwise aggrieved
under this chapter, may appeal to the township council any decision
of the township zoning officer by filing written notice with the township
clerk within ten days of said decision. The township council is hereby
authorized and empowered in such cases to hear and fully decide and
dispose of such matters. The township council shall hold a public
hearing thereon and act upon the same no later than 60 days after
the notice has been filed, unless the applicant requests, and the
township council consents to extend the time for such action.
[Ord. 2007-1]
If any section, paragraph, subdivision, clause or provision
of this chapter shall be adjudged invalid, such adjudication shall
apply only to the section, paragraph, subsection, clause or provision
so adjudged, and the remainder of this chapter shall be deemed valid
and effective.
[Ord. 2007-1]
This chapter shall take effect 20 days after final passage and
publication according to law.