[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.
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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:
Shall mean the removal of all standing trees on
a lot or portion of a lot.
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."
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.
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.
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.
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.
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.
Shall mean a specific plan for replacement of
removed trees in accordance with the provisions of this chapter.
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.
Permit Required.
1.
No person shall remove, destroy, cause to be, or allow to be removed
or destroyed any tree, unless exempt, without first obtaining a tree
removal permit. The zoning officer shall issue tree removal permits.
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 be issued until the applicant, unless exempt,
has obtained any permit(s) required under this chapter.
3.
Where a tree is proposed to be removed in accordance with a site plan or subdivision approval, the provisions of Chapter 22 of the Township of East Windsor Revised Code shall apply in lieu of the requirement for a tree removal permit, however, the provisions of section 12A-7, Replacement Trees may be applied to site plan and subdivision applications.
b.
Permit Application. Applications for a permit shall be made
to the zoning 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, with a schedule indicating the species and
DPM of each tree.
(b)
The plan shall indicate all tree(s) to remain, and proposed
replacement trees species, cultivar, size and location, specifically
by an assigned number.
(c)
In lieu of paragraphs (a) and (b), for any clearing greater
than three acres, or where determined to be appropriate by the zoning
officer for any clearing of less than three acres where the property
is heavily wooded, a representative five percent sampling of the wooded
areas proposed to be cleared shall be inventoried. The representative
five percent shall be determined by agreement between the zoning 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 zoning officer and approval
of the township council.
(e)
The plan shall indicate a limit of disturbance line (i.e., where
a four-foot high standard wood snow fence will be erected if required
by the zoning officer. Fencing, when required, shall be in place prior
to the removal of trees and shall be maintained until clearing, construction
and soil stabilization is complete.)
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 draining of surface water.
c.
Inspection Required. The zoning officer or his designee shall
inspect the trees and the property that are the subject of the permit
application, for the purpose of enforcing this chapter.
d.
Exemptions 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 or similar State or
Federal agency.
3.
Located on a working farm and either cleared in accordance with a
soil conservation plan approved by the Department of Environmental
Protection, or exempted from DEP requirements.
4.
Located on property of less than one acre, provided no more than
three trees per year are to be removed.
5.
Small trees of less than five inches DPM.
6.
Trees determined to present an imminent hazard to persons or structures
by the zoning officer or as required by a New Jersey certified tree
expert or certified arborists.
7.
Replacement of dead, declining, or unacceptable trees planted as
part of a site or subdivision plan approved, as determined by the
township engineer.
e.
Fees. Upon application for a tree removal permit, the applicant
shall be charged the following fees:
1.
Fifteen dollars per tree to be removed, up to a maximum of $600 per
acre, or part thereof, to be cleared.
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 is subject to
the payment of new fees. If however, applicant diligently pursues
other governmental approval, or if approved development is ongoing,
the permit may be renewed for up to two six month periods. A renewal
fee of $75 shall be due and payable for each renewal.
[Ord. 2007-1]
A Tree Escrow Fund shall be established by the township to receive
and disburse replacement tree contributions under the supervision
of the township finance director. The mayor and township council in
accordance shall authorize appropriations from the Tree Escrow Fund.
[Ord. 2007-1]
Any living tree removed pursuant to this chapter, unless exempt under section 12A-8, shall be replaced based on the following:
a.
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Trees to Be Removed
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Replacement Trees
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Caliper
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Number of Trees
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Caliper or
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Dollar Amount
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1.
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Greater than 5" and up to 12"
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1
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2—2-1/2"
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$ 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]
a.
Existing Developed Property. If the application is on behalf
of an existing developed property not exempt from the provisions of
the chapter, and it is disclosed that the total number of trees, other
than specimen trees, to be removed or destroyed on the property which
is the subject of the application, is three trees per acre or less,
the permit shall be issued without replacement trees required. Within
any one year period, permits may be used for removal of no more than
three trees per acre on the same property without replacement trees
being required.
b.
Other Exemptions.
1.
If the application is for a development for which a building permit
to construct a new single or two-family dwelling on an individual
lot is required, up to 50 percent of the number of trees on an individual
lot may be removed for the purpose of clearing for the proposed building,
driveway(s), septic fields, and usable yard space on the building
lot(s) only, without replacement trees being required.
2.
Any tree removed from an area of property to be dedicated as public
improvement, e.g., drainage facilities and public roadways shall be
exempt from the replacement provisions of this chapter.
c.
Other Criteria.
1.
The zoning 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 2007-1[1] 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, or
creates an unsafe condition as determined by a New Jersey certified
tree expert or certified arborists; or interferes with existing utility
service; or its continued presence conflicts with any other ordinances
or regulations.
2.
No specimen tree shall be removed unless the zoning officer has obtained
the approval of the township council. 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.
[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.
