[HISTORY: Adopted by the Township Council of the Township of Washington 3-27-2006 by Ord. No. 06-4 (Ch. 212 of the 1985 Code). Amendments noted where applicable.]
As used in this chapter the following terms shall have the meaning set forth below:
Any person, firm, corporation or entity seeking issuance of a tree removal permit under any of the procedures outlined in this chapter.
[Added 6-10-2013 by Ord. No. 13-14]
Any of the following:
Any deciduous or evergreen woody plant of the diameter/caliper required in this section, planted for the purpose of replacing trees cut, removed or destroyed.
Any live, woody plant having a diameter or width equal to or greater than six inches and/or a circumference greater than 19 inches measured at the natural ground level. If a plant has multiple stems, then the aggregate of the stem diameters and/or the aggregate of the circumferences shall be used in determining whether the plant is a tree.
Permit for removal of tree(s) as requested by applicant.
[Added 6-10-2013 by Ord. No. 13-14]
Application required for consideration of tree removal permit.
[Added 6-10-2013 by Ord. No. 13-14]
No person, corporation, association or entity of any kind shall do or cause to be done by others, either purposely, carelessly or negligently, any of the following acts upon privately owned property within the Township of Washington:
A.
Cut, destroy or injure any tree.
B.
Place or maintain upon the ground any substance which will impede free access of air and water to the tree's living components.
C.
The cutting, trimming or maintenance of trees in a manner which is harmful to the health of the tree.
[Amended 7-15-2013 by Ord. No. 13-17]
Notwithstanding the restrictions contained in the above section, the following activities shall be permitted:
A.
The removal of not more than three nonheritage trees on any approved or existing building lot, as shown on the current tax assessment maps of the Township, within a twelve-month period.
B.
The removal of trees in accordance with a site plan or subdivision plan approved by the Planning Board or Zoning Board of Adjustment; in conjunction with any application for development or soil movement permit approved by the Planning Board or Zoning Board of Adjustment; in conjunction with development or soil movement applications; each so long as the approval includes a requirement that the applicant replace two trees measuring 2°1/2-inches caliper for each tree removed, and subject to the depositing of funds into the tree replacement fund account provided for under § 465-6D.
[Amended 2-6-2023 by Ord. No. 23-01]
C.
The cutting, trimming or maintenance of trees in a manner which is not harmful to the health of the tree.
D.
The removal of trees which are diseased, dead, partially or completely fallen by acts of nature or which endanger public safety.
E.
The removal of trees necessary to construct any structure for which a permit has been issued by the Construction Code Official, so long as the approval includes a requirement that the applicant replace at least 25% of the trees removed.
F.
Activities involving tree trimming or removal located within a public right-of-way or easements, or publicly owned or controlled property, so long as the Township of Washington is in responsible charge of the activities.
[Added 4-18-2022 by Ord. No. 22-08; amended 10-3-2022 by Ord. No. 22-18]
No person or entity shall engage in the business of removal of trees within the Township of Washington without first having completed an annual registration with the Township as provided herein and thereafter displaying a decal issued by the Township affixed to the front left fender of all vehicles and trailers utilized in connection with such tree removal activities. By registration of a business hereunder, same shall not constitute permission to remove any trees, which can only be authorized pursuant to an approved tree removal application by the Zoning Officer (see § 465-4).
A.
Applications for registration hereunder shall be filed with the Clerk's office, which shall require the following:
(1)
Name, address, telephone number, and email address of the applicant.
(2)
The applicant's contact person, including telephone numbers and an email address.
(3)
The name under which the business is operated.
(4)
The name, make, model, year and license plate of each motor vehicle or trailer to be used by the registrant within the Township.
(5)
Copy of the registrant's insurance declaration page or certificate of insurance.
(6)
Copy of all vehicle operators' current driver's license and social security number.
(7)
Any other information deemed pertinent as necessary and prescribed by the Business Administrator.
(8)
Payment of annual registration fee of $50 for blocks of five vehicles and/or trailers not to be prorated for any partial years or vehicles/trailers.
(9)
Required current license/certification with the NJ Board of Tree Experts.
B.
All applications shall be received by the Clerk's office and reviewed for completeness. Once complete, the Clerk's office shall issue to the applicant a decal for each vehicle and trailer covered by the application.
C.
Applicants who have been denied a permit shall have the right to appeal the decision to the Business Administrator, whose decision shall be deemed final.
[Added 6-10-2013 by Ord. No. 13-14; amended 7-15-2013 by Ord. No. 13-17; 9-17-2018 by Ord. No. 18-13; 4-6-2020 by Ord. No. 20-03; 8-14-2023 by Ord. No. 23-11]
B.
Tree removal permit applications shall be submitted to the Zoning Officer, and shall contain all information required by the application form. If removal of a tree is being requested under § 465-3D, the tree removal permit application shall be accompanied by a letter from a licensed arborist verifying that any tree to be removed qualifies under said section. If the Zoning Officer is satisfied with the information in the tree removal permit application, and with the letter from a licensed arborist if same is required hereunder, the Zoning Officer shall direct the Building Department to issue the tree removal permit, provided there has been payment by the applicant of a tree removal permit fee as set forth in Chapter 212, Fees, to the Building Department. If the Zoning Officer is not satisfied with the information in the tree removal permit application, or with the letter from a licensed arborist, if same is required hereunder, the Zoning Officer shall be authorized, at the sole cost of the applicant, to initiate a physical inspection of the subject tree(s) and property on which same is located, performed by the Township Engineer, the Department of Public Works, a licensed arborist and/or other professionals, and have a written opinion issued addressing the issues of concern identified by the Zoning Officer. Thereafter, the Zoning Officer shall make a determination as to whether or not the tree removal permit shall be issued, and shall thereupon either direct the Building Department to issue the tree removal permit or deny issuance thereof.
C.
If a tree removal permit is not issued under the procedure set forth herein, the applicant may file an application with the Planning Board, not associated with any subdivision or site plan application, which shall include the following requirements:
D.
In the event that the Zoning Officer initiates an inspection or involvement of the Township Engineer, the Department of Public Works, a licensed arborist and/or other professionals, the applicant shall be required to post an escrow with the Township, the amount of which shall be an estimate developed by the Zoning Officer to cover the cost of such inspection or involvement. The actual cost of such inspection or involvement shall be the responsibility of the applicant.
E.
Upon receipt of the costs in connection with the denial or issuance of a tree removal permit, same shall be memorialized in a certification by the Zoning Officer. The applicant shall pay such costs to the Township. If, upon no more than two attempts to obtain said costs (by sending an invoice to the applicant by certified and regular mail), said costs shall forthwith become a lien upon the lands identified in the tree permit application and shall be added to and become and form part of the taxes next to be assessed and levied upon the lands, the same to bear interest at the same rate as other taxes and shall be collected and enforced by the same officer and in the same manner as taxes.
The following exceptions shall apply:
A.
The Planning Board or Zoning Board of Adjustment may waive the replacement planting requirements either in number, specie or replacement size.
B.
Upon application to the Planning Board, the granting of exceptions from the requirements of this section as may be reasonable and within the purposes and intent of this section if the literal enforcement of one or more provisions is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question; the form of application will be the same provisions as that of the Site Plan Review Ordinance.[1]
A.
The Planning Board or Zoning Board may consult with the Township Engineer or any professional; as provided in the Municipal Land Use Law for guidance in considering land use, development, soil movement or exception applications.
B.
Replanted trees shall be at least 2 1/2 inches in diameter/caliper, measured at breast or chest height, and must be nursery stock; balled in burlap and staked upon planting per Township standards provided by the Township Engineer.
C.
The location of replanted trees shall be determined by the following schedule of preference when at all possible:
(1)
In the location where the trees are removed.
(2)
Within the building lot containing the removed trees.
(3)
Within the development site approved by the Planning Board/Zoning Board or within the public right-of-way fronting or bounding the site.
(4)
Elsewhere in the Township within public property.
[Amended 2-6-2023 by Ord. No. 23-01]
D.
If the location of trees to be replanted is not designated by the Planning Board or Zoning Board of Adjustment under Subsection C(1), (2) or (3) above, or if the required number of trees cannot be replanted, then there shall be deposited into a tree replacement fund account maintained by the Township the sum of $350 for each tree as required by the Planning Board or Zoning Board of Adjustment to be utilized for the purchase and planting of trees pursuant to Subsection C(4) above.
[Added 2-6-2023 by Ord. No. 23-01]
A.
Any person, corporation, association or entity of any kind or nature (including, but not limited to, a property owner, lessee or occupant, or an agent, contractor, representative or vendor thereof) violating any provision of this chapter shall, upon conviction thereof, be punishable by a fine not exceeding $3,000 per offense. The cutting, destruction or removal of each tree shall constitute a separate offense.
[Amended 8-14-2023 by Ord. No. 23-11]
B.
If trees are cut, destroyed or removed for any reason in conjunction with any land use, development or soil movement activity in excess of the specified number of trees which were approved for removal by the Planning Board or Zoning Board or Construction Official, restitution shall be made by the applicant in accordance with the following schedule.
| Diameter of Tree Removed (inches) | Number of 2 1/2-inch Caliper Trees To Be Provided |
|---|---|
| 6 to 15 | 6 |
| 16 to 24 | 10 |
| 25 to 36 | 15 |
| 37 and over | 20 |
C.
Any offense will be subject to fine and replacement.
[Amended 4-6-2020 by Ord. No. 20-03; 8-14-2023 by Ord. No. 23-11]
Each of the following agencies shall have full authority to enforce the provisions of this chapter, including but not limited to the power to make inspections, the issuance of summonses, the issuance of cease-and-desist notices, the serving of summonses and notices, the prosecution of violators of this chapter in Municipal Court, and the prosecution of violations in any court of competent jurisdiction: Chief Building Inspector, Zoning Officer, Superintendent of Department of Public Works, Township Engineer, Township Administrator, and Police Department.
