[HISTORY: Adopted by the Township Committee of the Township of Bordentown 8-15-2022 by Ord. No. 2022-17. Amendments noted where applicable.]
A. 
The Township of Bordentown, having found that indiscriminate, uncontrolled and excessive destruction, removal and clear-cutting of trees upon lots and tracts of land may result in increased drainage control costs, increased soil erosion and sedimentation, decreased fertility of the soil, degradation of water resources, decreased groundwater recharge, increased buildup of atmospheric carbon and increased dust resulting in decreased property values, all of which negatively affect the character of the Township or Bordentown.
B. 
The Township of Bordentown, realizing that the removal of trees adversely affects the health, safety and general welfare of our residents, desires to regulate and control indiscriminate and excessive cutting of trees by preserving the maximum possible number of trees in the course of development of a site, ensuring that the health of trees preserved on a site is maintained throughout the development process, protecting larger, older specimens of trees and encouraging innovative design and grading to promote the preservation of existing trees. It is recognized that there is a strong relationship between the integrity of the Township of Bordentown and the region's water resources, tree removal, soil disturbance, stormwater management and the general use of land resources. Therefore, the appropriate management of these resources is an important health, safety and general welfare concern.
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.
C. 
Pool: 12 feet.
D. 
Driveway/sidewalk: five feet.
E. 
Septic fields: 10 feet.
F. 
Underground utility: 10 feet.
G. 
Paved parking/drive aisle: five feet.
H. 
Shed: five feet.
I. 
Patio/deck: eight 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.
TREE-PROTECTION ZONE
That portion of a lot outside of the disturbance zone.
The following shall be exempt from this chapter:
A. 
Commercial nurseries and fruit orchards.
B. 
Christmas tree farms.
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.
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.
A. 
The compensatory replacement of trees shall occur as prescribed in the following table:
Caliper of Existing Tree Removed
(inches in DBH)
Number of Replacement Trees (3 to 3 1/2 inch caliper)
8 to 17
1 to 1 replacement ratio
18 to 30
2 to 1 replacement ratio
31 inches or greater
3 to 1 replacement ratio
B. 
Compensatory replacement trees shall consist mainly of native species of 3 to 3 1/2 inches in caliper. If removing three to four trees of eight-inch DBH or greater, at least one of the replacement trees shall be native species. If removing five or more trees of eight-inch DBH or greater, at least 80% of the replacement trees shall be native species. Tree replacement of less than five trees shall not have to comply with the native species provision. Evergreen and ornamental trees may be substituted at a ratio of two to one shade trees, for up to 50% of the requirement. Alternative types of compensatory plantings may be permitted when approved by the administrative officer.
C. 
In the event that the applicant establishes to the satisfaction of the administrative officer that constraints incident to the land itself (including, without limitation, extreme topography, unsuitable soils, rock outcrops and existing dense canopy) render it impractical to provide the required number of compensatory replacement trees, then, at the discretion of the administrative officer, the applicant shall provide one or a combination of the following:
(1) 
Install a portion of the required compensatory replacement trees on other public lands within the Township;
(2) 
Contribute to the Township the estimated cost of those trees which cannot practically be installed on the property for later installation of trees on public lands;
(3) 
Install fewer, however, larger or more valuable compensatory replacement trees on the lot with an aggregate cost as installed and guaranteed not less than the estimated aggregate cost of the required number of compensatory replacement trees;
(4) 
Replacement tree(s) shall be of nursery-grade quality, balled and burlapped and located on site;
(5) 
The type of replacement tree(s) shall be the same as the species removed from the site or other as approved by the Township of Bordentown;
A. 
Tree protection measures and the limit of disturbance line shown on the tree management plan shall be provided in the field with snow fencing or other durable material and verified by administrative officer, Township Engineer or other designated official prior to soil disturbance.
B. 
Protective barriers shall not be supported by the plants they are protecting but shall be self-supporting. Barriers shall be a minimum of four feet high and shall last until construction is complete.
C. 
Snow fencing used for tree protection shall be firmly secured along the drip line.
D. 
The grade of the land located within the drip line shall not be raised or lowered more than six inches unless compensated by welling or retaining wall methods; and in no event shall welling or retaining wall methods be less than of the drip line of a tree.
E. 
No soil stockpiling, storage of building materials, construction equipment or vehicles shall be permitted within the drip line of any remaining trees, whichever is greater.
F. 
Any clearing within the drip line of the trunk of a remaining tree shall be done by hand-operated equipment.
G. 
Where a tree that has been noted for preservation is severely damaged and unable to survive, tree replacement shall occur as provided in § 442-7.
A. 
In accordance with the design requirements provided in this chapter, unless otherwise indicated herein, a tree removal permit may only be granted for the following reasons and under the following terms and conditions.
B. 
Tree removal criteria. In addition to the design requirements stated above, the administrative officer may grant a tree removal permit based upon one or more of the following circumstances:
(1) 
Where the location of an existing tree provides no other alternative but to place a structure outside the permitted building setbacks.
(2) 
Where the location of an existing tree negatively impacts on an existing septic field.
(3) 
Where no other alternative exists for the placement of a building, building addition, structure, septic field, driveway, deck, patio or lawn area for the recreational use by the inhabitants of the building or dwelling, or any other authorized improvements, but in the vicinity of an existing tree.
(4) 
Where the location or growth of a tree inhibits the enjoyment of any outdoor pool, patio or deck.
(5) 
Where the location, angle or growth of an existing tree makes it a hazard to structures or human life.
C. 
Where the area proposed for tree removal is to be occupied by: a building or other structure; a street or roadway; a driveway; a parking area; a patio; a swimming pool; a recreation area; a power, drainage, sewerage or any other utility line, easement, or right-of-way, stormwater management, or where the area of tree removal is within the tree disturbance zone, whichever is applicable.
D. 
In areas proposed for tree removal which are not to be occupied by any of the uses or facilities set forth in Subsection B of this section:
(1) 
That the continued presence of such tree or trees is likely to cause danger to persons or property upon the property for which removal is sought, or upon adjoining or nearby property.
(2) 
That the area where such tree or trees are located has a cut, depression or fill of land, or the topography of the land is of such a character as to be injurious or dangerous to such tree or trees, or to tree or trees located nearby.
(3) 
That the removal of trees is for the purpose of conducting forestry activities, which activities include, but are not limited to, the harvesting of trees in accordance with a forest management plan and the thinning out of a heavily wooded area, with some trees to be removed, and other trees to remain.
E. 
Upon an express finding by the administrative officer or their designee that the proposed tree removal will not result in or cause, increase or aggravate any or all of the following conditions: impaired growth or development of remaining trees or shrubs on the property of the applicant or upon adjacent property, soil erosion, sedimentation and dust, drainage or sewerage problems, dangerous or hazardous conditions, and depression in the land value of the subject property and properties in the neighboring area.
F. 
Design requirement. Trees to be removed shall be those trees necessary to permit the construction of buildings or building additions, structures, driveways, septic fields, decks and lawn areas. The trees removed shall not constitute more than 1/2 acre or shall be no more than 50% of the lot size, whichever is less. Existing vegetation shall be preserved to the greatest extent feasible.
G. 
The administrative officer or their designee shall have the power to affix reasonable conditions to the granting of the permit for the removal of trees.
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.
A. 
Prior to taking final action upon any application for tree removal, an inspection of the site shall be made by the administrative officer to help determine the granting or denial of an application.
B. 
Prior to any tree removal, all trees must be marked and areas to be cleared identified for inspection by the administrative officer or their designee.
C. 
The administrative officer of their designee shall periodically inspect the site throughout the duration of construction in order to ensure compliance with this chapter. Such inspection shall be made of the site referred to in the application, and of contiguous and adjoining lands, as well as of lands in the vicinity of the application, for the purpose of determining drainage conditions and physical conditions existing thereon.
A. 
The holder of a tree removal permit shall notify the administrative officer in writing at least four business days in advance of when the tree removal activity will commence.
B. 
The notice shall also include information as to the manner of disposal of the removed trees.
C. 
In the case of the removal of dead or diseased trees, the dead or diseased trees shall not be turned into mulch and applied to the site, but shall be disposed of in a manner so as to not disease other trees on site.
[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.
A. 
When regulated trees are removed without a tree removal permit, the affected areas shall be replanted to the satisfaction of the administrative officer, or the offending party can mitigate the unlawful removal through the measures set forth in § 442-7.
B. 
Failure to abide by the measures set forth in this chapter shall result in the offending party receiving a fine not to exceed $500 per one-acre lot. A fine of $500 per acre shall be levied for lots over one or more acres.
C. 
Separate violations. Except as otherwise provided, a separate offense shall be deemed committed each day on or during which a violation occurs or continues.