[HISTORY: Adopted by the Township Council
of the Township of Medford 10-6-2020 by Ord. No. 2020-22. Amendments noted
where applicable.]
A.
Given the Township of Medford's location within the Pinelands
Natural Reserve and its long-standing commitment to preserving the
environmental assets and aesthetics of its natural surroundings, the
Township Council of the Township of Medford has determined that the
indiscriminate, uncontrolled and excessive destruction, removal and
cutting of trees upon privately owned individual lots and tracts of
land within the Township of Medford will increase the municipal costs
to control surface drainage and will increase the probability of soil
erosion, sedimentation and a decrease of soil fertility; all of which
conditions negatively impact the environment and the public safety,
health and welfare of the citizens of the Township of Medford.
B.
The appropriate management and use of existing vegetation resources
are an important health, safety and welfare concern as per N.J.S.A.
40:48-2. Therefore, it is the intent of these regulations to:
(1)
Reduce soil erosion and protect surface water quality by minimizing
soil and tree root disturbance in existing woodlands, around tree
masses or under individual trees.
(2)
Reduce stormwater runoff, velocity and volume by retaining woodland
and forest areas where stormwater can infiltrate easily.
(3)
Increase groundwater recharge by retaining woodland areas where stormwater
can infiltrate easily.
(4)
Improve air quality by conserving existing trees and other mature
vegetation which produce oxygen and remove carbon dioxide from the
atmosphere.
(5)
Protect wildlife habitat.
(6)
Retain existing trees to provide wind breaks, shade and other microclimate
benefits.
(7)
Retain trees and woodlands that are important to the history or natural
and aesthetic beauty of the Township of Medford.
(8)
Preserve and enhance property values by retaining and properly protecting
existing trees.
For the purposes of this Tree Ordinance, the following terms
as used within the chapter are defined as follows:
Standard measure of tree size for trees to be newly planted.
The measurement is taken between six inches to 12 inches above the
ground level depending on propagation method, e.g., ball and burlapped/containerized,
bare root.
[Amended 6-15-2021 by Ord. No. 2021-10]
A line connecting the tips of the outermost branches of a
tree projected vertically onto the ground.
Any tree that creates an immediate hazard or danger to persons
and property, as a result of a weather event, such as a hurricane,
wind storm, flood, freeze or other disaster, or other cause.
Any tree of a species which is threatened with extinction,
including, but not limited to, those species of trees so noted in
New Jersey State and/or national registers.
Any tree with or approaching the girth which is the largest
of its species in the State of New Jersey, or any tree located on
private property which has been identified as such by the State of
New Jersey and/or dedicated by the Township Council, with the consent
of the landowner, to an individual or event.
Provides accreditation to those in the tree industry with
demonstrated knowledge and skills to properly care for trees.
Professional certifications issued by the NJ Board of Trees
Experts as delineated in the Tree Expert and Tree Care Operator Licensing
Act of 2010.[1] All tree care companies doing business in that State of
New Jersey are required to have at least one licensed LTCO or LTE
on staff.
The tree removal/replacement plan, in accordance with the
requirements of this Tree Ordinance, which indicates the trees to
be removed or replaced.
A list of trees recommended by tree specialists to be best
adapted to the climate, soil and topography of the Township of Medford,
formulated by the Pinelands Commission and, upon approval by the Township
Council, shall be adopted by the Township Council and be kept on file
in the offices of the Township Zoning Official for use by persons
intending to plant trees.
A barrier constructed to protect the root system and/or the
trunk of a tree from damage during construction and/or from equipment,
soil or material deposited on the site. The protective barrier may
consist of a snow fence, sawhorses or other similar structure which
is sufficient to protect the root system or trunk of a tree from potential
damage.
All waters in the state excluding man-made canals and waters
draining less than 50 acres as described in N.J.A.C. 7:13-2.2.
A strip of land acquired by reservation, dedication, prescription
or condemnation and intended to be occupied by a street, a crosswalk,
a railroad, electric transmission lines, an oil or gas pipeline, a
water line, a sanitary storm sewer, or other similar uses.
Land and vegetation within and adjacent to a regulated water.
Any tree which by its singular nature, condition, size, location
and/or appearance is determined by the Township Planner, Zoning Official,
and/or Environmental Affairs Advisory Committee to impart a particular
value to a property or landscape.
Lands which are owned by the Township of Medford or are within
the right-of-way (ROW) of the Township's, county's or state's
streets, highways (especially the area between the curbing and sidewalk),
open space or under the control of the Township of Medford by way
of ownership, deed restriction or other covenant.
For purposes of calculating tree removal quantity, "tree"
shall mean any living woody perennial deciduous plant with a diameter
of at least six inches measured 54 inches above the ground.
[Amended 6-15-2021 by Ord. No. 2021-10]
Written authorization from the Medford Zoning Official allowing
the removal of trees in accordance with the tree removal/replacement
plan as approved by the Zoning Official, Township Planner, and/or
the Medford Environmental Affairs Advisory Committee.
[1]
Editor's Note: See N.J.S.A. 45:15C-11 et seq.
A.
Freshwater wetlands. The clearing and removal of trees and all vegetation
located within freshwater wetlands and freshwater wetland transition
areas is regulated under N.J.A.C. 7:7A Freshwater Wetlands Protection
Act Rules and enforced by the New Jersey Department of Environmental
Protection and the New Jersey Pinelands Commission, within the areas
of the Township under Commission jurisdiction.
B.
Flood hazard areas. The clearing and removal of trees and all vegetation
located along a regulated water and within a designated riparian zone
is regulated under N.J.A.C. 7:13 Flood Hazard Area Control Act Rules
and enforced by the New Jersey Department of Environmental Protection
and the New Jersey Pinelands Commission within areas of the Township
under Commission jurisdiction.
C.
The Zoning Official shall not authorize the removal of trees in any
freshwater wetlands or freshwater wetlands transition area, or along
a regulated water way or riparian zone until all required approvals
have been issued by the Department of Environmental Protection Division
of Land Use Regulation and/or the New Jersey Pinelands Commission.
If permitted as set forth below, any "tree" as defined in this
chapter (and any smaller trees) may be removed from a privately owned
lot or tract of land without the necessity of submitting a tree removal/replacement
plan and obtaining a tree removal permit except that, in any case,
no endangered species tree, historic tree or specimen tree may be
removed without a tree removal permit, except in the case of an emergency
as set forth in Subsection B(2) below:
A.
Up to three trees may be removed every 12 months for any reason from
an existing lot within the Township of Medford which contains a residential
dwelling, but no more than 10 trees may be removed for any reason
from an existing lot which contains a residential dwelling within
any five-year period. The limitations herein shall not apply to any
tree or trees removed for the construction of a new home, an addition
to an existing home, the installation of a new septic system or the
repair/replacement of an existing septic system, or the construction
of an accessory structure to the home, such as a patio, deck, tennis
court and/or swimming pool, but only to the extent reasonably required,
after due consideration of the property owner's design needs,
for the construction of the home, the addition, the repair/replacement
of the septic system or an accessory structure.
B.
The removal of the tree or trees permitted below shall not count toward the three trees permitted to be removed every 12 months or the total of 10 trees permitted to be removed in each five-year period specified in Subsection A above.
(1)
Any dead or diseased tree, or any tree that creates an imminent hazard or danger to persons and property or an emergency, as defined in § 123-2 above, may be removed immediately. However, the property owner shall, upon request of the Zoning Official, be required to provide documentation confirming said conditions, which will include photographs of the trees removed and the property, and a certification from a duly licensed LTCO or LTE, or from an ISA-certified arborist.
(2)
Any tree may be removed as directed by the government of Medford
Township, Burlington County, the State of New Jersey or the United
States.
(3)
Any tree may be removed if part of a logging operation and/or a forestry
management program in accordance with a management plan approved by
the New Jersey Department of Environmental Protection and/or the Pinelands
Commission and on file in the office of the Township Assessor.
(4)
Any tree may be removed pursuant to an application for development
(as defined in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.)
approved by the Medford Township Planning or Zoning Board, and, where
required, the New Jersey Pinelands Commission (collectively the "approving
authority").
[Amended 6-15-2021 by Ord. No. 2021-10]
(5)
In the Pinelands Area of the Township, any tree may be removed under the authority of § 600 of the Medford Township Code Development Regulations, § DR-612, the provisions of which are expressly saved from repeal, provided that the removal is permitted pursuant to an approved forestry management plan authorized by said § DR-612.
(6)
Any tree may be removed as part of the operation of an agricultural
or horticultural use on property that is five acres or more, and that
is assessed for local property taxes pursuant to the New Jersey Farmland
Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.
A.
Unless the tree is smaller than described in the "tree" definition of this chapter or is otherwise permitted to be removed in accordance with one or more of the provisions listed in § 123-4B of this chapter hereinabove, no more than three trees every 12 months, or 10 trees in any five-year time period on any residential lot within the Township of Medford shall be removed (or purposely injured or damaged) unless a tree removal/replacement plan is submitted to and approved by the Zoning Official, with the advice and review of the Medford Township Planner and/or Engineer, and/or the Medford Environmental Affairs Advisory Committee in accordance with the provisions of this chapter. Additionally, any landowner desiring to clear an area greater that 1,500 total square feet, including not only trees, but also brush and/or natural vegetation, must obtain approval under this chapter.
B.
The tree removal/replacement plan and accompanying information shall
include the following:
(1)
The subject property where the tree(s) is/are to be removed shall
be identified by street address, tax block and lot number(s) and approximate
acreage;
(2)
The name, address and telephone number of the owner of the subject
property or the owner's duly authorized agent;
(3)
The name, address, and state license identification number of the
NJ licensed tree contractor who will be performing the tree removal
work. All tree contractors must comply with the NJ Tree Care Licensing
Act, N.J.S.A. 45:15C-11 et seq., and the contractor must carry a current/valid
LTCO or LTE license from the State of New Jersey. Unless the tree
removal is being performed by the landowner, the tree removal must
be performed by a LTCO or LTE as defined herein;
(4)
The tree(s) proposed to be removed shall be clearly marked on the
subject property for review by the Zoning Official, Township Planner
and/or representatives of the Medford Environmental Affairs Advisory
Committee;
(5)
To the extent required by the Zoning Officer to make an appropriate
decision, the following information shall be shown on a map, legal
survey or site plan which is drawn to scale and is of a suitable size
to depict the required information:
(a)
The total number and the location and size of each tree proposed
to be removed;
(b)
The total number and approximate location of any trees removed
from the lot in the preceding 12 months, if known;
(c)
The location of the principal building and all accessory buildings
on the subject property;
(d)
The location of any driveway on the subject property;
(e)
The location of any deed restricted areas, scenic buffers, and/or
HOA restricted areas on the subject property.
A.
Hardship trees. Generally, any tree likely to cause a hardship upon
the landowner or a neighboring landowner will be approved for removal.
B.
Streetscape trees. All trees between the frontage street and the
principal building on a lot should be preserved to the maximum extent
possible.
C.
Trees which visually screen. All trees which visually screen large
tracts of vacant land or large structures shall be preserved to the
maximum extent possible.
D.
Trees on public land. No tree within a public right-of-way or easement
or on any publicly owned land shall be removed by any individual unless
specifically authorized, in writing, by the Township of Medford.
E.
Trees on steep slopes. No tree on a steep slope shall be removed
if the Zoning Official, in consult with the Township Engineer, factually
concludes that the removal of the tree will cause increased surface
water runoff onto an adjacent property, will cause increased soil
erosion and/or silting, will cause significantly increased dust in
the air, and/or will cause a decrease in the fertility of the soil.
F.
Solar installations. No trees may be removed or "topped" to expose
ground-mounted or roof-mounted solar panels unless expressly permitted
as a part of the zoning permit application process.
G.
Trees within buffers. No tree may be removed that is located within
a buffer that was created as a condition of approval of a development
approved by the Planning or Zoning Board, or within recorded Homeowners'
Association/Colony Club documents, without approval of the board or
body that imposed the buffer.
Each tree removed pursuant to a submitted and approved tree removal/replacement plan and not otherwise allowed to be removed without a tree removal permit pursuant to § 123-4, above, either shall be replanted on the subject property or shall be replaced with a new tree planted either on the subject property or as directed by the Zoning Official. The specific location of all replanted and newly planted trees shall be as approved by the Medford Zoning Official, Open Space Coordinator, and/or the Environmental Affairs Advisory Committee. All newly planted trees shall meet the following minimum standards and requirements:
A.
Each newly planted tree shall have a minimum caliper at the time
of planting of 1 1/2 inches.
[Amended 6-15-2021 by Ord. No. 2021-10]
B.
If located within the Pinelands designated areas, the species of
each newly planted tree shall be selected from the list of native
species required for revegetation as set forth in N.J.A.C. 7:50-6.25
and the Pinelands Commission fact sheet entitled Native Pinelands
Plans for Landscaping, as the same may be periodically updated, in
consideration of the attributes of the proposed location of the tree
(i.e., existing vegetation, soil conditions, water availability, land
uses, etc.) and the proposed tree's color, growing season, texture,
shape, blossoms and foliage.
[Amended 6-15-2021 by Ord. No. 2021-10]
C.
Each newly planted tree shall be of nursery stock and shall be balled
and burlapped, containerized or bare root.
[Amended 6-15-2021 by Ord. No. 2021-10]
D.
Each newly planted tree shall be guaranteed for at least two years
from the date of planting, and any tree which does not survive within
that time period shall be replaced by another tree of the same size
and species at the expense of the landowner.
During the construction of any structure on a property, care
must be taken to protect any existing tree within the vicinity of
the construction by erecting a "protective barrier" as defined in
this chapter and in accordance with the following:
A.
No equipment, soil or material shall be placed within the dripline
of any tree located on the subject property within the vicinity of
the construction, and a protective barrier shall be erected around
the areas of such trees defined by the dripline.
The Medford Township Zoning Official or his/her designee shall
review the site to determine whether the cutting, removal, or destruction
of the tree shall impair drainage conditions, impair soil erosion,
increase dust concentration, decrease the fertility of the soil or
deteriorate the property value, destroy a buffer between residential
and nonresidential uses; and shall further determine the overall physical
conditions of the land and the deleterious effect thereon, if any,
in accordance with the standards set forth in this chapter. No action
may be taken by the landowner until written authorization is received
and a permit issued.
A.
Two copies of each tree removal/replacement plan shall be submitted
to the Medford Township Zoning Official who shall retain one copy
for the Township's records.
B.
The Medford Zoning Official shall review and act upon each submitted
plan within 10 business days of the date the plan was submitted. Should
the Zoning Official determine that a review is required by the Township
Planner and/or Environmental and Open Space Committee, the Zoning
Official shall have the authority to extend the review period to up
to 30 calendar days.
C.
If the Zoning Officer requests review, the Medford Environmental
Affairs Advisory Committee shall consider a report from the Zoning
Official regarding the submitted plan, provided that the report is
forwarded to the Committee within 30 days of the date the plan was
submitted to the Zoning Official.
D.
The Medford Zoning Official, Township Planner and/or Environmental
Affairs Advisory Committee or designated members thereof shall inspect
and photodocument the subject property as part of the review of the
submitted plan.
E.
Should the Zoning Official approve the submitted plan, either as
submitted or subject to specified conditions, a tree removal permit
shall be issued by the Zoning Official, in writing, to the landowner
indicating any specific conditions of the approval.
F.
Should the Zoning Official deny approval of the submitted plan, the
Zoning Official shall notify the landowner, in writing, with the reasons
for the denial.
G.
If the submitted plan is denied by the Zoning Official, the landowner
shall have the right to appeal the decision to the Zoning Board of
Adjustment as set forth in § 703A of the Medford Development
Ordinance.
An administrative fee as set forth in Chapter 71 of the Code of the Township of Medford shall be required upon submission of a permit for the tree removal application. All fees collected for tree removal application will be collected by the Zoning Office and deposited into a Tree Bank trust account, maintained by the Township Finance Office. Any expenditure of said fees must be approved by the Township Manager and Chief Financial Officer, and be utilized only for the purposes of tree planting and restoration in the Township of Medford.
A.
While in the course or cutting or removing any tree within Medford
Township, no debris, limbs or other materials may be dropped upon
any paved street, sidewalk or curb so as to protect against damage
to roadways, sidewalks and right-of-way areas.
B.
As per the Township Code § 49-1 and all other applicable provisions of the Township Code, all waste generated as a result of tree removal authorized by this chapter must be removed and disposed of at the landowner's cost at the time the trees are removed.
C.
The sale of wood at wood stands or similar facilities is prohibited except at a) retail commercial establishments or garden centers, and b) on property that is five acres or more and that is assessed for local property taxes pursuant to the New Jersey Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq. A wood stand that is permitted pursuant to Subsection b) hereunder shall obtain a permit and shall comply with all of the provisions in Chapter 67, Farm Stands, except for § 67-7, and a wood stand permitted pursuant to Subsection b) hereunder may sell wood either harvested from property in Medford Township or harvested from any property in a municipality that abuts Medford Township, provided that no wood shall be sold that is harvested from any area or location that is prohibited by any emergency or permanent regulation of any state or federal agency having jurisdiction.
[Amended 6-15-2021 by Ord. No. 2021-10]
The Township of Medford is not responsible for, nor does the
Township own the trees within the public right-of-way. All trees in
the Township of Medford are owned by and are the responsibility of
the property owner of the property on which the tree is located, including
all trees in the right-of-way located between the sidewalk and the
curbline. The only trees owned by the Township for which the Township
is responsible to maintain are on municipally owned property. In an
emergency, Township personnel or Township employed contractors may
cut a fallen tree in a roadway; however final disposition of the tree
is the responsibility of the property owner.
A.
The landowner is responsible for care and maintenance of trees within
the Township right-of-way.
B.
The Township will not remove live or healthy trees, or trees which
are lifting sidewalks within any right-of-way.
C.
The Township will not replace trees or plant new trees within the
right-of-way.
D.
The Township will not remove a tree from the right-of-way unless
it is determined to be an emergency hazard to motorists, a residential
dwelling, and/or other structures. Such determinations are made by
the Director of Neighborhood Services, or his/her designee. In these
circumstances, a tree removal permit is not required.
E.
It is the landowner's responsibility to remove trees, even when
located within the Township's right-of-way, if it is determined
by the Director of Neighborhood Services or his/her designee to be
endangering a residence or structure. In these circumstances, a tree
removal permit is not required.
F.
If a tree is removed from a right-of-way area, either by the landowner
or by the Township, the landowner must also remove the tree stump.
A.
Any person found to have violated any provision of this chapter shall
be required to adhere to the requirements of this chapter and shall
be subject to a fine not exceeding $1,000 or imprisonment for 30 days,
or both, for each offense. In addition to monetary sanctions, the
Zoning Official may request and the court may grant a specific performance
penalty by way of a restoration plan for the cut trees and/or other
disturbed areas.
B.
Cutting of each tree covered by this chapter shall be considered
as a separate and independent violation of this chapter.
