[Ord. No. 2014-814]
For the purposes of this chapter, the terms used herein are
defined as follows:
APPLICANT
Shall mean the owner or developer of land within the Township
of Green Brook desiring to remove trees, including the duly authorized
agent of the owner or developer.
DEVELOPER
Shall mean the legal or beneficial owner of land within the
Township of Green Brook to be included in a proposed development,
including the holder of an option or contract to purchase, or other
person having an enforceable proprietary interest in such land.
DRIPLINE
Shall mean a line connecting the tips of the outermost branches
of a tree projected vertically to the ground.
ENDANGERED SPECIES
Shall mean any species of tree threatened with extinction;
including, but not limited to, species of trees so noted in State
of New Jersey and/or national registers.
HERITAGE TREE
Shall mean any tree noted on the Township of Green Brook
Heritage Tree Register.
HISTORIC TREE
Shall mean any tree representing or approaching in girth
the largest of its species in the State of New Jersey; or dedicated
to or commemorating an individual or event.
PREFERRED TREE LIST
Shall mean the Green Brook Environmental Commission list
of trees recommended by tree specialists as best adapted to the climate,
soil and topography of the Township of Green Brook and adopted by
resolution of the Governing Body. This list shall be kept on file
in the Township offices.
PROTECTIVE BARRIER
Shall mean the barrier constructed to protect the root system
or trunk of a tree from damage during construction from equipment,
soil or material deposits. Such a barrier may consist of a snow fence,
sawhorses, or other such similar structures approved by the Township
Engineer and sufficient to protect the root system and/or trunk of
a tree from damage.
REPLACEMENT TREE
Shall mean a nursery grown certified tree, properly balled,
marked with a durable label indicating genus, species and variety
and satisfying the standards established for nursery stock and installation
thereof, as set forth by the American Association of Nurserymen.
SPECIMEN TREE
Shall mean a tree which by nature, condition, size, location,
and/or appearance imparts particular value to a property or landscape.
STUMP
Shall mean the part a tree trunk left protruding from the
ground after the tree has been felled and measuring a height of less
than 4 1/2 feet from the ground.
TREE
Shall mean any deciduous or coniferous species having a diameter
of or greater than four inches measured at a point 4 1/2 feet
above the ground; or any Ornamental tree (see preferred tree list)
having a diameter of or greater than two inches measured at a point
4 1/2 feet above the ground.
TREE BANK FUND
Shall mean an account funded by an applicant in situations
where the number of replacement trees mandated is in excess of practical
planting parameters within the affected site.
TREE REMOVAL/REPLACEMENT PLAN
Shall mean a plan, prepared by the New Jersey Bureau of Forestry
Management, a forestry consultant who is a graduate of a forestry
school accredited by the Society of American Foresters, a landscape
architect or similarly qualified person, identifying all tree(s) to
be removed and/or replaced. A simplified tree removal/replacement
plan prepared by the applicant is permitted for an existing residence
at the discretion of the Township Engineer.
TREE REPLACEMENT
Shall mean the replacement tree must be a minimum of 2 1/2
inches in diameter, if replacing a tree of 18 inches diameter or less,
or a minimum of four inches in diameter, if replacing a tree with
a diameter greater than 18 inches, measured 4 1/2 feet from the
ground. Replacement trees shall be selected from the preferred tree
list. Other planned plantings require no specifications other than
good forestry, with an appropriate selection of deciduous and evergreen.
TREE WELL
Shall mean where fill is required around trees, the tree
must be protected by an air well around the trunk, 12 feet in diameter
pursuant to formula provided by the New Jersey School of Nurserymen
which will prevent the intrusion of soil. The top of the tree well
must extend six inches above the graded level.
[Ord. No. 2014-814]
Unless exempt pursuant to Section
24-4, no person shall cut, remove, top, injure, or damage any tree upon any lands within the Township of Green Brook without having first obtained a tree removal permit in accordance with this chapter.
a. The permit shall be prominently displayed on the front of the property
to allow viewing by the enforcement officer.
b. The permit shall be valid for a period of one year.
c. A copy of the permit shall be delivered to the contractor before
cutting.
d. A copy of the permit shall be provided to the Green Brook Police
Department.
[Ord. No. 2014-814]
The following shall be exempt from the tree removal permit and
replacement requirements of this chapter.
a. Any tree actively used as part of a commercial nursery, garden, orchard,
or tree farm.
b. Trees directed to be removed by the Township of Green Brook, County
of Somerset or State of New Jersey, with official notification kept
by the Township Engineer.
c. The pruning or removal of trees within utility rights-of-way by governmental
organizations or utility companies for maintenance of utility wires
or pipelines.
d. The pruning of trees within sight easements.
e. Trees that have fallen due to storm or other natural damage.
f. Maintenance pruning or trimming.
g. Three trees in 36 months may be removed from a residential property
without replacement after receiving a permit.
h. Trees whose trunk at 4 1/2 feet is within 15 feet of the primary
structure on a single family residential lot.
[Ord. No. 2014-814]
Any person desiring to remove trees, which are a hazard to structures or human life shall apply to the Township Engineer for a hazardous tree removal permit. That person shall provide a certification from a Certified Tree Expert that the trees to be removed are hazardous and provide colored photographs of the trees. The Township Engineer shall issue a tree removal permit based upon that certification. No fee shall be charged for the issuance of a tree removal permit under Section
24-5. The Township Engineer has the right to independently verify the statements made in the certification. Note: The Green Brook Township Environmental Commission may be available to consult the homeowner or resident in the determination of a hazardous tree.
[Ord. No. 2014-814]
Unless exempt pursuant to Section
24-4, any person desiring to cut or remove any tree(s), as defined in Section
24-2, shall apply to the Township Engineer for a permit to remove such tree(s). The applicant shall complete an application, submit a tree removal/replacement plan, if required by Section 24-6b, with the trees to be removed visually identified in the field.
Except for applications requiring an application to the Planning
Board or Zoning Board for Subdivision and Site Plan, a tree removal
permit shall be issued by the Township Engineer on his/her sole authority.
At his/her discretion, the Township Engineer may instead elect to
refer any application for a tree removal permit to the Environmental
Commission for consideration at its next regularly scheduled meeting.
Upon referral by the Township Engineer of an application for a tree
removal permit, the applicant shall present his or her application,
including the Tree Removal/Replacement Plan with complete information
required, for consideration by the Environmental Commission. The Environmental
Commission shall have seven calendar days after hearing the request
at its regularly scheduled meeting to provide a report on that application.
a. Application Information.
1. Provide the name, address, and telephone number of the applicant
who shall be the owner or duly authorized agent of the owner, where
applicable.
2. Identify the premises by street, block and lot number.
3. Provide the name, address and telephone number of the contractor
to perform the work if known at the time of application.
4. The applicant shall give the Township Engineer notice prior to cutting
and identify the contractor performing the work.
5. The application shall be signed and dated by the applicant.
b. Tree Removal/Replacement Plan: General Regulations.
Plans for the removal/replacement of trees shall be required
in the following instances:
1. Every subdivision or site plan application, the Environmental Commission
shall review the tree removal/replacement plan submitted as part of
the subdivision or site plan application. In addition to the requirements
of this chapter, all conditions imposed by the Land Use Board approval
regarding land-clearing operations, tree removal and tree replacement
shall be met.
2. Every application for new single-family residential construction,
including an application to build, rebuild or replace a single-family
residence, which has been demolished.
3. Every existing lot on the Tax Map of the Township of Green Brook
where live trees are to be removed.
4. Every application for the removal of trees from any steep slope area
in excess of 20% grade.
5. The Township Engineer may accept a simplified version of the tree
removal/replacement plan when less than five live trees are proposed
to be removed and/or the removal is on the property of an existing
residence. The following information is required:
(a)
A copy of the property survey or other acceptable drawing.
(b)
Item #'s - 1, 6, 10, 11, 12, 13, 14 on the CHECKLIST in
Section 24-6c.
6. In the event it is not possible to replace the required number of
trees within the existing lot, as determined by Township Officials,
an off-site contribution to the Green Brook Tree Bank of an equal
number of trees or cash equivalent of $300 per tree should be placed
in the Tree Bank Fund.
7. Replacement trees shall not be removed. If a replacement tree shall
die due to natural causes or lack of maintenance within two years
of planting, it shall be replaced a second time with a tree of like
kind and size and the two year period will begin again.
c. Tree Removal/Replacement Plan, Information Required.
A Trees Removal/Replacement Plan prepared in accordance with
the Tree Removal/Replacement Plan Checklist shall be submitted as
part of the application.
TREE REMOVAL/REPLACEMENT PLAN CHECKLIST
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1._____ Utilize property survey at a scale of not less than
one inch equals 30 feet.
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2._____ Identify the area of the lot.
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3._____ Identify all slopes greater than 20% where any tree
removal is proposed.
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4._____ Locate streams and wetlands in area where tree removal
is to occur.
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5._____ Identify the primary residence construction envelope
for all new single-family residential construction.
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6._____ Identify the location(s) of all principal and accessory
building(s), septic systems, wells, roads and driveways, parking lots,
and other structures or impervious surface areas.
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7._____ Identify the proposed final grading (if applicable).
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8._____ Identify the limit of land disturbance.
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9._____ Individually locate all existing trees in the area where
development is proposed (i.e., within the delineated limit of disturbance).
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10._____ Identify the location(s), species, and sizes of all
existing tree(s) and clearly identify the quantity to be cut, removed,
or destroyed. (Wooded areas where no tree removal is requested may
be delineated as "woods" and individual trees need not be located).
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11._____ Specify tree replacement proposed including location,
species, quantity, size and details of planting (total replacement
count shall equal the number of trees removed).
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12._____ Identify name and address of owner on the plan.
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13._____ Identify street location and block and lot in the title
block.
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14._____ Trees to be removed visually identified in the field
with ribbon, no spray painting allowed.
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15._____ Provide an approval block near the title block as follows:
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Approved by:
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__________ __________
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(Township Engineer) (Date)
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d. Identification of Trees to Be Removed.
1. For single-family residential construction, the limits of disturbance
must be marked on site by string line, caution tape or other readily
discernible method at the time the application is made.
2. For all other tree(s) removal applications, the tree to be removed
must be marked on site with red or orange plastic tape at the time
the application is made. Paint spraying or other permanent marking,
damaging, or defacing of trees is prohibited.
[Ord. No. 2014-814]
Tree removal is prohibited as follows:
a. Tree removal is not permitted when it will expose vacant land, billboards, utility substations, transmission towers, quarries, or other commercial structures or operations, except where trees are dead or diseased and/or endanger life or property or other exemptions as provided in Section
24-4.
b. A tree classified as a historic, Heritage, endangered species or specimen tree shall not be removed without a Special Exception as defined in Section
24-15.
c. Trees in public rights-of-way, parks, or public areas may not be
removed without complying with this chapter.
d. Trees in slopes of 20% or greater.
[Ord. No. 2014-814]
Should it be necessary to grant relief from the prohibitions
or limitations of this chapter to permit tree removal that would otherwise
be prohibited by this chapter, such relief may be granted upon application
to the Land Use Board and satisfaction of the burden of proof required
by the Land Use Board, but only to the minimum extent needed and only
if such relief provides for mitigation measures necessitated by the
removal of trees. Examples of mitigation measures include, but are
not limited to, additional tree replacement and/or the dedication
of a conservation easements to protect wooded areas.
[Ord. No. 2014-814]
If any section, subsection, paragraph, sentence, clause, phrase
or word contained in this chapter shall be declared unconstitutional
or invalid for any reason whatsoever, such decision shall not affect
the remaining portions of this chapter, which shall remain in full
force and effect, and to this end the provisions of this chapter are
hereby declared to be several.
[Ord. No. 2014-814, adopted 12-15-2014]
This chapter shall take effect immediately upon final adoption
and publication, all in accordance with law.