[Added 3-16-2020 by Ord.
No. 07-2020]
A.
Trees and shrubs are a natural resource that provide aesthetic, economic,
ecological, environmental and health benefits to the Township of Readington
and its residents. The treatment of trees on individual properties
can have significant impacts not only on those individual properties
but also on neighboring properties, the streetscape, the tree canopy
and the entire Township.
B.
The purpose of this article is to control and regulate indiscriminate
and excessive removal, injury and destruction of trees, in order to
prevent conditions that may cause: reduced ecological and social benefits,
including increased stormwater runoff; soil erosion; sedimentation
of watercourses; reflected heat, air or noise pollution; diminished
aquifer recharge; decreased soil fertility; increased risk to persons
and property by failures of trees or their parts, and increased risk
to real property and real property values from flash floods and other
intense precipitation events.
A.
In all zoning districts of the Township any of the following types of tree removal shall require a permit, unless exempt under § 148-79.10, or unless involving removal of two or more trees within the Special Resource Residential (SRR) and thus requiring conditional use approval pursuant to § 148-46.
(1)
Removing or otherwise destroying a tree with a DBH of six inches
or more.
(2)
Removing or otherwise destroying a tree with a canopy extending
over a public right-of-way.
(5)
Removing or otherwise destroying any tree that was planted or
preserved as part of any landscape plan or in accordance with any
street tree requirements approved in conjunction with a subdivision
or site plan shall be removed. Exceptions shall be such trees directed
to be removed pursuant to § 148.10A(4) and (10) below.
B.
All applications to the Planning Board or Zoning Board of Adjustment for approval of a major subdivision, minor subdivision, any site plan, or variance requiring tree removal, unless otherwise exempt pursuant to § 148-79.10, shall submit a tree removal and tree replacement plan as required by § 148-69.1 in lieu of a tree removal permit. Where tree removal is proposed for purposes not related to major subdivision, minor subdivision, site plan, or variance approval, an application for a tree removal permit shall be submitted to the Zoning Officer, who shall request written guidance from the Environmental Commission in evaluating the permit application. A tree removal permit shall be considered a required prior approval before a construction permit may be released.
A.
The following shall be exempt from the requirements of this section
and do not require a permit:
(1)
Any tree located on an individual tract or parcel of land, to be cut for personal use as firewood by the owner of such property. Not more than three trees per acre shall be cut in any one year, and in no case shall more than 30% of the total number of trees located on such property be removed. Tree removal subject to § 148-79.9A(2), (3), (4) and (5) above shall not be eligible for this exemption.
(2)
Any tree located within 50 feet of an existing residence.
(3)
Commercial nurseries.
(4)
Trees that are deemed to be removed by the Township Engineer
or Department of Public Works that are on or are impeding a public
right-of-way.
(5)
Public parklands owned by the Township of Readington, in consultation
with the Environmental Commission.
(6)
Trees that have been determined by the Environmental Commission,
a licensed tree expert/tree care operator, or a certified arborist
to constitute a threat to the health, safety or welfare of the general
public, or to any existing structure.
(7)
The clearance of power line right-of-ways by companies regulated by the New Jersey Board of Public Utilities (see § 148-79.13).
(8)
Properties devoted to forest management and the practice of
silviculture for which farmland assessment has been approved.
(9)
Pruning or maintenance of trees in a manner which is not harmful
to the health of the tree.
(10)
Trees removed in the course of an emergency declared by the
federal, state, or Township government.
(11)
The removal of any trees that are part of an approved woodland
management program pursuant to the provisions of the New Jersey Farmland
Assessment Act of 1964, provided such plan and WD-1 form is filed
with the Tax Assessor.
(12)
Trees removed during the replacement or repair of a residential
individual subsurface sewage disposal systems and/or the replacement
or repair of a domestic water supply.
A.
Any existing individual lot that does not meet the requirements of § 148-79.10, Exemptions, and is not subject to the requirements of § 148.69.1, Tree removal and tree replacement plan, shall submit an application for a tree removal permit as follows:
(1)
Application form. The application form shall be available from
the Zoning Office and shall include the following information:
(a)
Name and address (street and lot and block) of the owner of
the premises and status of legal entity (individual, partnership,
corporation of this or any other state, etc.);
(b)
Status of the applicant with respect to land (owner, lessee,
tenant, purchaser, under contract, etc.);
(c)
Name and address of the applicant for the permit if other than
the owner;
(d)
Description of the premises where removal is to take place,
including lot and block numbers and street address, if assigned;
(e)
A list of all trees to be removed with a DBH equal to or greater
than six inches (or circumference of 18 inches) identified by size
and species, including total number of each species to be removed;
(f)
Purpose for tree removal (construction, street or roadway, driveway,
utility easement, recreation area, patio, parking lot, etc.);
(g)
Such other information as may be deemed necessary in order to
effectively process and decide such application;
(h)
License number of proposed contractor when applicable in accordance
with N.J.A.C. 7:3A.
(2)
Sketch data.
(a)
Base information. A sketch or photo shall be provided showing
the location of the tree(s) to be removed with a DBH of six inches
(or circumference of 18 inches) or greater in proximity to existing
and/or proposed structures and property lines. Such sketch shall be
of a scale and clarity to be suitable for review by the Environmental
Commission for the purposes of this Article.
(b)
Tree removal criteria. The Zoning Officer may grant a tree removal
permit based upon one or more of the following circumstances:
[1]
Where the trees to be removed are limited to those
trees necessary to permit the construction of buildings, structures,
decks, driveways, individual subsurface sewage disposal systems, lawn
area for recreational use by the inhabitants of the dwelling, and
any other authorized improvements.
[2]
Where the location of an existing tree provides
no other alternative but to place a structure outside the permitted
building setbacks.
[3]
Where the location of an existing tree negatively
impacts on an existing individual subsurface sewage disposal system.
[4]
Where no other alternative exists for the placement
of an individual subsurface sewage disposal system, driveway, deck,
patio, lawn area for recreational use by the inhabitants of the dwelling,
or any other authorized improvements but in the vicinity of an existing
tree.
[5]
Where the location or growth of a tree inhibits
the enjoyment of an outdoor pool, patio or deck.
[6]
Where the condition, location, angle or growth
of any existing tree makes it a hazard to structures or human life.
[7]
Where it is the best collective professional judgment
and opinion of the Environmental Commission no such alternatives exist
and refusal of permit shall preclude the property owner from the personal
or professional use of the property.
A.
The application required by §§ 148-69.1 and 148-79.11 shall be accompanied by a narrative and/or sketch or printed plan showing a tree replacement plan, to include and comply with the following:
(1)
The tree replacement plan shall provide for replacing the removed
and destroyed tree(s) in the same or contiguous location(s) on the
premises, and in accordance with the following specific requirements.
The tree replacement plan shall require that the applicant replace
each removed or destroyed tree with one or more trees depending on
the DBH of the removed or destroyed tree, and in accordance with Schedule
A immediately below, the "Tree Replacement Schedule."
|
Schedule A - Tree Replacement Schedule
| ||
|---|---|---|
|
Live Regulated Tree(s) Removed/Destroyed
|
Required No. of Replacement Tree(s) (3" caliper) per Tree(s)
Removed/Destroyed
|
Replacement Fee per Removed Tree in Lieu of Planting
|
|
DBH of 6" to less than 17"
|
2
|
$400
|
|
DBH of 17" to less than 31"
|
4
|
$800
|
|
DBH of 31" to less than 38"
|
6
|
$1,200
|
|
DBH of 38" or greater
|
8
|
$1,600
|
(2)
Tree replacement materials shall be provided in accordance with
the standards set forth in ANSI Z60.1, American Standard for Nursery
Stock.
(3)
Deciduous trees shall be replaced with deciduous trees and evergreen
trees shall be replaced with evergreen trees, or as recommended by
the Environmental Commission.
(4)
The planting of all replacement trees must be protected from
wildlife.
(5)
If replacement trees are unable to be planted upon the completion
of residential work being performed, the owner or his/her designee
may post bond as recommended by the Environmental Commission; not
to exceed $2,000 to be issued a certificate of occupancy or certificate
of approval from the Construction Official for related construction
permits. For major subdivisions, developments and those applications
in which tree removal permits were approved in relation to Board applications,
the Environmental Commission shall consult with the Township Engineer
to determine an appropriate dollar amount to be bonded prior to the
approval from the Township Engineer.
Any individual, corporation or other entity having control over
any wire for the transmission of electric current or telephone, cable
or any other utility service along a public street, highway, property
easement, or right-of-way shall at all times guard all trees and shrubs
through which such wires pass against any injury from the wires or
from the current carried by them. Prior to undertaking any work on
the utility affecting any such tree or shrub, the utility company
shall provide written notice to the Environmental Commission or its
agent and abutting property owner(s) of same. The utility company
shall be responsible for the removal of all debris associated with
work on the utility affecting any such tree or shrub.
A.
There is hereby established a reserve in the Township's general capital
fund which shall be known and designated as the Tree Escrow Fund.
A separate bank account shall be opened and maintained for this purpose.
B.
The primary purpose of the Tree Escrow Fund is to provide for the
planting and maintenance of trees and shrubs on public property.
C.
The funds will also pay administrative costs to implement the provision
of this section, including but not limited to fees for processing
of permits, site inspections, consultants, and supervisors of tree
replacements. Administrative costs imposed in accordance with this
section shall not exceed 30% of the fund, as determined on an annual
basis.
D.
Appropriations from the Tree Escrow Fund shall be authorized by the
Township Committee in accordance with a municipal tree planting plan
with consideration of the recommendations by the Environmental Commission.
E.
The Tree Escrow Fund shall be maintained by the Chief Financial Officer.
F.
If a tree removal permit is granted for tree removal necessary for
adding a patio, sundeck, outdoor private swimming pool, tennis court,
sports court, or other permitted accessory use on an already developed
single-family residential lot, the cash contribution to the Tree Escrow
Fund in lieu of planting on the property in respect of such removal
shall not exceed $2,000.
Prior to taking final action upon any applications for tree
removal, an inspection of the site may be made by:
A.
The Environmental Commission or a designee in those cases where final
determination is to be made as to the granting or denial of an application.
B.
Such inspection may be made of the site referred to in the application,
and of contiguous and adjoining lands, as well as lands in the vicinity
of the application, for purpose of determining drainage conditions
and physical conditions existing thereon.
A.
The Zoning Officer is designated as the enforcing agent for this
article, or a designee. Upon review of as-built plans or site inspection
of any major site development application, subdivision or soil movement
activity, the Township Engineer shall inform the Zoning Officer of
any trees removed in excess of those called for removal in the permit.
The Zoning Officer has the power to revoke the permit if the applicant
provided false or misleading information within the permit application
and/or if there is noncompliance with the approved permit.
B.
When a tree removal permit is issued as a prior approval to obtaining
a construction permit, the Construction Official may not issue a certificate
of approval or certificate of occupancy until all conditions set forth
by the Zoning Officer are met.
A.
Time for approval. The Zoning Officer shall act on the application
within 15 days of receipt or within such additional time as is consented
by the applicant. Failure of the Zoning Officer to act within 15 days,
or any extension thereof, shall be deemed to be an approval of the
application and thereafter the Zoning Officer shall issue a tree removal
permit based thereon.
B.
No approval shall be granted by the Zoning Officer if the proposed
tree removal is contrary to the best interests of the public health,
safety and general welfare.
C.
Duration of permit. Permits granted for the removal of trees under
the terms and conditions of this article shall run with the land,
and shall remain in force and effect for the following periods, and
not thereafter.
(1)
If granted for a lot or parcel of land which no construction
permit is required: one year from the date of issuance.
(2)
If granted for a lot or parcel of land for which a construction
permit is required, but for which no subdivision or site plan approval
is required by the Township's Planning Board: until the expiration
of the construction permit granted with such tree removal permit.
A.
The holder of a tree removal permit shall notify the Environmental
Commission at least seven business days in advance of when tree removal
activity will commence.
B.
The notice shall also include advice as to the manner of disposal
of the removed trees when required by the Zoning Officer upon issuance
of the permit. Where appropriate, the Environmental Commission shall
advise the Township's Public Works Department of the name of the permit
holder, the location of the removal site, the date removal is to commence,
and the manner of disposal to be employed. Debris from trees that
are in a quarantine area due to a pest shall not be moved outside
of the quarantine zone, in accordance with state regulations.
A.
Any individual, corporation or entity violating any provision of
this article shall, upon conviction thereof, be punishable by a fine
equaling the payment required pursuant to § 148-108K plus
25% of that payment, per offense. The cutting, destruction or removal
of each tree shall constitute a separate offense.
A.
If a tree removal permit request is denied by the Zoning Officer,
the applicant shall have a right to appeal the decision. The appeal
shall be made to the Readington Township Board of Adjustment within
10 days of receipt of the notice of permit denial.
