As used in this chapter the following terms shall have the meaning
set forth below:
APPLICANT
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]
HERITAGE TREE
Any of the following:
A.
Any single-trunk tree with a circumference of 38 inches or more,
measured four feet above ground level.
B.
Any multi-trunk tree of which the two largest have a total circumference
of 60 inches or more measured four feet above ground level.
C.
Any tree 35 feet or more in height.
REPLANTED TREE
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.
TREE
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.
TREE REMOVAL PERMIT
Permit for removal of tree(s) as requested by applicant.
[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]
A. No activity under §
465-3A,
B or
D shall be permitted without the issuance of a tree removal permit, issued by the Building Department upon the affirmative recommendation of the Zoning Officer after review of an applicant's tree removal permit application.
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:
(1) The applicant shall be required to pay an application fee in the amount set forth in Chapter
212, Fees.
(2) The
applicant shall be required to post an escrow in the amount of $500
with the Township.
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.
[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.