No tree with a DBH (diameter at breast height) of eight inches or greater (a "regulated tree") shall be removed from any lands in the Township of Bordentown without a tree removal permit unless: (a) meeting the criteria of §
442-4 of this chapter; or (b) where the proposed tree removal is part of an application to the Planning Board for approval of a major subdivision, minor subdivision or site plan. Such applications shall adhere to the standards set forth in § 500-42 of Chapter
500, Land Development. Any residential, commercial, business or industrial lot owner or lease/renter wishing to remove regulated trees must comply with the provisions of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
ADMINISTRATIVE OFFICER
The Director of Community Development, Zoning Officer, Township
Administrator, or their designee.
BOARD
The Planning Board.
CALIPER
The standard measure of tree size for trees to be newly planted.
The measurement is taken six inches above the ground for trees four
inches in diameter or less and 12 inches above the ground for trees
over four inches in diameter.
CLEAR CUTTING
The removal of all standing trees on a lot or a portion of
a lot.
DIAMETER AT BREAST HEIGHT (also known as "DBH")
The diameter of a tree measured in the following:
A.
For single-trunked shade trees, at a point 4 1/2 feet above
the ground level.
B.
For single-trunked ornamental trees, at a point 12 inches above
ground level.
C.
For evergreen trees, at a point 12 inches above ground level.
D.
For multi-trunked trees that branch between one and 4 1/2
feet above ground level, at a point just below the split.
E.
For multi-trunked trees that branch below one foot above grade,
the diameter shall be 60% of the sum of all trunks measured at a point
4 1/2 feet above ground level.
DISTURBANCE ZONE
That portion of a lot covered by existing or proposed buildings,
structures, or improvements and within a certain distance around them
as noted below:
A.
House or building: 15 feet (around all sides).
B.
Detached garage: eight feet.
D.
Driveway/sidewalk: five feet.
F.
Underground utility: 10 feet.
G.
Paved parking/drive aisle: five feet.
J.
Improvement (other): five feet.
DRIP LINE
A limiting line established by a series of perpendicular
drop points marking the maximum radius of the crown of an existing
tree, whichever is greater; and within which no construction or disturbance
shall occur.
REPLACEMENT TREE
A nursery-grown certified tree, properly balled, marked with
a durable label indicating genus, species and cultivar, and satisfying
the standards established for nursery stock and installation thereof,
set forth by the American Association of Nurseryman.
SERIOUS DAMAGE
Damage inflicted to the root system by machinery, storage
of materials, and soil compaction; changing the natural grade above
or below the root system and around the trunk; damage inflicted on
the tree permitting fungus infection or pest infestation; excessive
pruning; excessive thinning; paving with concrete, asphalt, or other
impervious material within proximity as to be harmful to the tree,
to be determined by Township professional.
SILVICULTURE
The management of any wooded tract of land to insure its
continued survival and welfare, whether for commercial or noncommercial
purposes, pursuant to a plan approved by the New Jersey Bureau of
Forestry.
THINNING
The removal of undesirable, competitive, diseased or damaged
trees so as to cultivate and improve the development of remaining
trees on the lot.
TREE
Any self-supporting woody plant which reaches a typical mature
height of 12 feet or more at maturity and has a typical DBH of four
inches or greater.
TREE CANOPY
The top layer or crown of mature trees, and includes the
upper layer or habitat zone of the tree.
TREE REMOVAL
The cutting down of a tree, the transplanting of a tree to
a site other than that under development, or the infliction of damage
to a tree that is of such severity as to show evidence within a period
of two years of irreparable harm leading to the ultimate death of
a tree.
The following shall be exempt from this chapter:
A.
Commercial nurseries and fruit orchards.
C.
Residential lots that are less than two times the minimum required
lot size where removal is no more than three trees with an eight-inch
DBH or less in any two-year period.
D.
Residential lots that are greater than two times the required
lot size where the proposed tree removal is for no more than six trees
with an eight-inch DBH or less in any two-year period.
E.
Any tree which is part of a cemetery.
F.
Trees directed to be removed by municipal, county, state or
federal authority.
G.
Removal of trees which are dead, dying or diseased, or trees
which have suffered storm damage, or any tree whose angle of growth
makes them a hazard to structures, roads, or human life.
H.
Removal of trees which appear to cause structural damage to
buildings, foundations or infrastructure.
I.
Any tree growing on or over a public right-of-way or public
land to be removed by or at the direction of the Township. No tree,
including street trees, shall be removed from public land or in a
public right-of-way without Township consent.
J.
Pruning or removal of trees within the right-or-way by utility
companies for maintenance of utility wires or pipelines and the pruning
of trees within sight easements.
K.
Township exempt for capital improvement and/or general maintenance.
Each application to the Planning Board for approval of a major or minor subdivision or a site plan that requires the removal of trees shall comply with the standards set for in §
500-507 of Chapter
500, Land Development.
The application form shall be available from the administrative
officer 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.
Description of the premises where removal is to take place,
including lot and block numbers, and street address as assigned;
C.
A list of all trees to be removed with a DBH equal to or greater
than eight inches identified by size and species, including the total
number of each species to be removed;
D.
Purpose of tree removal (construction, building addition, street
or roadway, driveway, utility easement, recreation area, patio, parking
lot, etc.);
E.
A tree protection management plan which shows the following
information on the plan:
(1)
The location of all existing live trees, with a DBH of eight
inches or greater in accordance with the definition provided in this
chapter. Each tree shall be noted by its species, size, and general
health condition, as feasibly possible.
(2)
Location of all existing or proposed buildings, driveways, grading,
septic fields, easements, underground utility lines, rights-of-way,
and other improvements.
(3)
Limits of the tree-protection zone.
(4)
Each tree, or mass of trees, with a DBH of eight inches or greater
to be removed or transplanted shall be clearly marked.
(5)
A chart tabulating the diameter inches to be removed, and the
required compensatory replacement trees.
(6)
Such other information as may be deemed necessary in order to
effectively process and decide such application.
Whenever an application for tree removal is granted under the
terms and conditions of this chapter, the following protective measures
shall be observed:
A.
No material or temporary soil deposits shall be placed within
the drip line of any existing tree to be preserved.
B.
Except while engaged in tree removal, no equipment shall be
operated within the drip line of any tree protected by this chapter
nor shall such equipment be operated at any time in such a manner
as to break, tear, bruise, decorticate or otherwise injure any part
of (roots, branches, etc.) living or dormant tree.
Where the application is made in connection with a residential,
commercial, business or industrial lot that is not part of a major
or minor subdivision or site plan, the administrative officer shall
act on the application within 30 days of its receipt or within such
additional time as is consented to by the applicant. Failure to act
within 30 days, or any extension thereof, shall be deemed to be an
approval of the application and thereafter, a tree removal permit
shall be issued.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Review fees will be calculated as set forth in Chapter
260, Fee Schedule, of the Code of the Township of Bordentown.