[HISTORY: Adopted by the Township Council of the Township
of Delran 12-7-2021 by Ord. No. 2021-22. Amendments noted where applicable.]
Delran Township Council 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 Delran 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 Delran. 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:
A.
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.
B.
Reduce stormwater runoff, velocity and volume by retaining woodland
and forest areas where stormwater can infiltrate easily.
C.
Increase groundwater recharge by retaining woodland areas where stormwater
can infiltrate easily.
D.
Improve air quality by conserving existing trees and other mature
vegetation which produce oxygen and remove carbon dioxide from the
atmosphere.
E.
Protect wildlife habitat.
F.
Retain existing trees to provide wind breaks, shade and other microclimate
benefits.
G.
Retain trees and woodlands that are important to the history or natural
and aesthetic beauty of the Township of Delran.
H.
Preserve and enhance property values by retaining and properly protecting
existing trees.
I.
Replace trees removed for land development.
For the purposes of this Tree Ordinance, the following terms
as used within the chapter are defined as follows:
Provide buyers and sellers with a common terminology in order
to facilitate transactions involving nursery stock. The standard defines
terms and numerical relationships among tree parts.
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,
windstorm, flood, freeze or other disaster, or other cause.
Provides accreditation to those in the tree industry with
demonstrated knowledge and skills to properly care for trees.
Professional certifications issued by the New Jersey 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 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.
Two-and-one-half-to-three-inch-diameter tree balled and burlapped
measured six inches from the ground.
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
waterline, a sanitary storm sewer, or other similar uses.
Land and vegetation within and adjacent to a regulated water.
Any living woody plant with a diameter measured at a breast
height (four and a half feet from the ground) or more than 12 inches
(or about thirty-six-inch circumference).
Lands which are owned by the Township of Delran, open space
or under the control of the Township of Delran by way of ownership,
deed restriction or other covenant.
Separate and dedicated account established by Delran Township
to collect permit fees, payment in lieu of planting replacement trees
and donation received pursuant to the Memorial Tree program, with
monies to only be utilized to engage the services of a Licensed Tree
Expert (LTE), purchase, plant and maintain trees for the Memorial
Tree program.
[1]
Editor's Note: See N.J.S.A. 45:15C-11 et seq
A.
Applicability; preservation of existing.
(1)
No significant tree existing in the Township of Delran shall be removed
unless done in accordance with the provisions of this chapter.
(2)
All subdivisions, site plans and any other land development shall
be laid out in such a manner as to minimize the removal of or damage
to healthy trees, shrubs and significant vegetation either on or off
site including but not limited to significant freestanding trees,
tree masses, woodlands and forests.
(3)
Removal of three or more significant trees from a single lot that are not otherwise exempt from replacement under § 90-3C(1) of this chapter shall require a tree removal and replacement plan to be approved before issuing a permit.
(4)
The Department of Public Works is designated to manage trees, including
removal on property owned by the Township of Delran, including the
parks, playgrounds and open space.
B.
Permit approval.
(1)
A tree removal permit is required from the Department of Public Works
for removal of any significant tree as regulated in this chapter.
(3)
Review and issuance of said permit shall be based on the operating
standards as construction permits.
(4)
Where the permit application is submitted as part of an application
for development, the time for decision on the application shall be
governed by the requirements applicable under N.J.S.A. 40:55D-1 et
seq.
(5)
No action shall be taken on any significant existing tree until written
authorization is received from the Department of Public Works or its
designee and a permit issued.
C.
Tree replacement.
(1)
If three or more significant trees are to be removed from a single
lot, a tree removal and replacement plan is required before a tree
removal permit can be issued.
(a)
Such tree removal and replacement plan is to include:
[1]
Mapping of the property showing the locations of the trees proposed
for removal;
[2]
Identify the species of the proposed trees for removal;
[3]
Identify the diameter of the proposed trees for removal;
[4]
Identify the condition of each tree for removal; and
[5]
Identify the location and species proposed for replanting.
(2)
All submitted tree removal and replacement plans are to be reviewed
by the Township's Licensed Tree Expert.
(3)
The number of replacement trees shall be based on the size and number
of trees proposed to be removed as listed below:
(a)
Removal of a significant tree up to 20 inches in diameter is
to include replacement with one replacement tree.
(b)
Removal of a significant tree 20 inches to 30 inches in diameter
requires replacement with three replacement trees.
(c)
Removal of a significant tree over 30 inches in diameter requires
replacement with six replacement trees.
(4)
A tree removal and replacement plan is not required if the property
owner/developer agrees to plant one replacement tree for every 500
square feet of disturbance.
(5)
Relief from any portion or all of the on-site tree replacement requirement
may be granted by the Planning Board or its designee. Any relief shall
be based upon practical physical difficulties, environmental constraints,
and undue hardship related to conditions of the site from which the
trees are to be removed. The Planning Board or its designee shall
solicit the comments and recommendations of the Township Engineer
and landscape consultant in determining whether the relief requested
by the applicant should be granted.
(a)
Any relief granted shall include payment, determined by the
Planning Board, into the Tree Bank account.
D.
Fees.
(1)
An administrative fee of $25 will be required with an application
for tree removal and deposited to the Tree Bank.
(2)
Any payment required in lieu of planting trees on site will be deposited
to the Tree Bank.
(3)
Any payment required for replacement trees cannot exceed 5% of overall
project costs.
E.
Duration of permits.
(1)
If granted for a lot or parcel of land for which no building permit
is required, the tree removal permit shall be valid for one year from
the date of issuance.
(2)
If granted for a lot or parcel of land for which a building permit
is required, the tree removal permit shall be valid until an expiration
of the building permit.
(3)
If granted for a lot or parcel of land for which an approval is required
from the municipal agency, the tree removal permit shall be valid
for as long as the approval is valid pursuant to N.J.S.A. 40:55D-1
et seq.
(4)
Once a tree removal permit expires, a new application must be submitted
for review and new permit issued.
A.
Replacement trees shall include a variety of recommended tree species.
There should be no more than 10% of one species of tree used in replacing
trees by any property owner. To address changing conditions, Delran
Township will periodically update the list of recommended species.
The list will be kept on file in the Township Clerk's office.
B.
Replacement trees shall be nursery grown and comply with the AAN
standards for nursery stock.
The following significant trees shall be exempt from determining
the need for a tree removal and replacement plan:
A.
Trees directed to be removed by municipal, county, state or federal
authority pursuant to law.
B.
Trees which are dead, dying or diseased, trees which have suffered
damage or any tree whose angle of growth makes it a hazard to structures,
roads or human life.
C.
Trees which are causing structural damage to buildings, foundations
of structures, or public water and/or sewer infrastructure.
D.
Trees within the right-of-way by utility companies for maintenance
of utility wires or pipelines, the pruning of trees within sight easements,
and trees which are obstructing the sidewalk.
E.
Developments that have received preliminary or final approval within
three years prior to the effective date of this chapter, unless a
substantial change in the development occurs requiring a revised preliminary
approval.
F.
Trees located in nurseries, orchards and properties with a state-approved
forest management plan.
G.
Trees located in cemeteries.
In case of emergencies, such as hurricanes, fire, windstorm,
ice storm, flood, freezing temperatures or other disaster, or in the
case of dead or diseased trees that pose an imminent threat to the
safety of persons or property, the requirements of the regulations
set forth in this chapter may be waived by the Department of Public
Works or its designee upon determining that such waiver is necessary
to remove the threat in order to protect public health and safety.
A.
Vegetation designated to remain shall be protected by a temporary
fence at least four feet in height, such as a wooden snow fence or
orange construction fence.
B.
The location of this fence shall be shown on the soil erosion control
plan, demolition plan (if applicable), grading plan and the landscape
plan.
C.
The fence shall be placed a minimum of one foot outside the dripline
of the protected vegetation, or closer if Subsection B(4)(b) above
is applicable, but no closer than six feet to the trunk. Chain link
fencing may be required for vegetation protection if warranted by
site conditions and/or rarity of the vegetation.
D.
If a tree or area of existing vegetation is proposed to remain and
is within the limit of disturbance, then the fence shall completely
encircle the tree or vegetation.
E.
If the tree or area of existing vegetation is proposed to remain
and is beyond the limit of disturbance, then the fence shall be placed
between the vegetation and the construction.
F.
A detail of the fence shall be shown on the plan labeling materials,
sizes, and placement. The detail shall note that there shall be no
construction, grading, trenching, storing or stockpiling of materials,
dumping, vehicular traffic or parking of any kind within the fenced
area.
G.
The fence shall be erected prior to major clearing or construction
and shall remain in place until construction is complete. This shall
be noted in the construction sequence of the soil erosion control
plan. The fence shall be placed to prevent construction, grading,
trenching, storing or stockpiling of materials, dumping, vehicular
traffic or parking of any kind within the fenced area. The fenced
area shall be posted "TREE PROTECTION ZONE-KEEP OUT."
H.
Significant trees located off site and whose dripline is within 25
feet of any proposed construction activities shall be protected by
the fence when required by the Department of Community Development.
I.
Removal of the fence, or disturbance within the fenced area, except as noted below shall be subject to penalties outlined in § 90-12 below.
(1)
The fence may be removed and construction or removal of vegetation
performed if there is an imminent threat to the health, safety and
welfare of the community. The Municipal Engineer's office will
be notified as soon as possible if this is required.
(2)
The Municipal Engineer's office has been given a written explanation
of the need for construction or vegetation removal within the fenced
area and has issued a letter of consent. When work within the dripline
is necessary, the following is to be adhered to:
(a)
The grade of the land located within the driplines shall not
be raised or lowered.
(b)
No construction, grading, trenching, storing or stockpiling
of materials, dumping, vehicular traffic or parking of any kind shall
be permitted within the dripline or within six feet of any remaining
trees, whichever is greater.
(c)
Any clearing within the dripline, or within six feet of the
trunk of a remaining tree, whichever is greater, shall be done by
hand-operated equipment.
(3)
Remedies for damage done within the tree protection zone shall include
aeration, mulching, and if necessary, tree or plant replacement as
determined by the Municipal Engineer's office depending on the
amount of damage done.
(4)
Any significant tree which is seriously injured or removed without
proper approvals from the affected areas shall be replaced to the
satisfaction of the Municipal Engineer's office.
A.
Protection of vegetation from mechanical injury. Where earthwork,
grading, or construction activities will take place in or adjacent
to woodlands, old fields or other significant vegetation or site features,
the Planning Board shall require that the limit of disturbance be
delineated, and vegetation protected through installation of temporary
fencing or other approved measures. Such fencing shall be installed
prior to commencing of and shall be maintained throughout the period
of construction activity.
B.
Protection of vegetation from grading change. Grade changes to occur
at any location of the property shall not result in an alteration
to soil or drainage conditions which would adversely affect existing
vegetation to be retained following site disturbance, unless adequate
provisions are made to protect such vegetation and its root systems.
C.
Protection of vegetation from excavations.
(1)
When digging trenches for utility lines or similar uses, disturbances
to the root zones of all woody vegetation shall be minimized.
(2)
If trenches must be excavated in the root zone, all disturbed roots
shall be cut as cleanly as possible. The trench shall be backfilled
as quickly as possible and the area shall be revegetated with native
species if the plants are destroyed.
D.
Protection of topsoil.
(1)
No topsoil shall be removed from the site.
(2)
Prior to grading operations or excavation, topsoil in the area to
be disturbed shall be removed and stored on site.
(3)
Topsoil disturbed or moved on site shall be redistributed and stabilized
immediately in primary and secondary conservation areas and within
seven days in all other areas following the establishment of required
grades for a project or project phase. All exposed earth surfaces
shall be stabilized by hydroseeding on slopes of less than 10%, and
by sodding, hydroseeding, or rip-rap on slopes exceeding 10%.
(4)
Grading and earthmoving operations shall be scheduled to minimize
site disturbance during the period from November 1 to April 1, when
revegetation of exposed ground is difficult.
Prohibited trees to be used as replacement trees in all areas
are to be evaluated by Township Council biannually.
A.
All preliminary and site plan review plans submitted to the Planning
Board or Zoning Board for approval, except minor subdivisions, shall
contain a landscape plan. The landscape plan shall be prepared by
a landscape architect, whose name and address shall appear on the
plan. Wherever possible, the landscape architect shall promote creativity
in design locations and selection of species. For example, instead
of planting trees in straight rows, the landscape architect might
group trees into clusters with different combinations of species in
each cluster. The property owner is responsible for maintaining the
approved landscape plan and removing and replacing dead/damaged/diseased
trees due to the safety concerns.
B.
Site plans and subdivision requirements.
(1)
Tree inventory. A tree inventory shall be shown on the existing conditions
or landscape plan according to the following:
(a)
The location, elevation, relative health and species of all
significant trees on site. Within woodland areas, the number of significant
trees may be approximated using the forest density survey method.
This shall be done by an LTE.
(b)
All significant off-site trees, whose dripline is within 25
feet of proposed construction, shall be inventoried and shown on the
plan. The inventory shall show approximate location, elevation, species
and relative health of each significant tree.
(c)
The extent of the existing tree canopy area from individual
trees, tree masses and woodlands on site, and the approximate extent
of the existing tree canopy from individual trees, tree masses and
woodlands within 25 feet of proposed construction off site, shall
be shown.
(d)
Existing trees, tree masses and woodland areas shall be designated
either to remain or to be removed on the landscape plan and soil erosion
control plan.
(2)
Minimize removal of existing trees.
(a)
It shall be incumbent on the applicant to prove that removal
of existing significant trees is minimized given the allowed development.
If challenged by the Department of Public Works or its designee, the
professional LTCO or LTE, the applicant shall produce evidence such
as testimony, written documents or plans certified by a landscape
architect, arborist, or other qualified professional showing that
no reasonable alternative layouts are possible and that no reasonable
alternative clearing or grading plan would reduce the loss of significant
trees given the proposed development.
(b)
Any tree, tree mass, woodland area, or other plants may be considered
to remain only if either of the following criteria are met:
[1]
The tree, tree mass, woodland area or other plants designated
to remain appear in relatively good health, the driplines are at least
one foot from any proposed grading, construction of any kind, including
installation of utilities, and the plant(s) do not obstruct any sight
triangles, and do not by their apparent health, natural habit or location
pose an undue threat to the general health, safety or welfare of the
community; or
[2]
Within the drip line area or within one foot of the dripline,
grading and installation of utilities, driveways, parking areas and
sidewalks may occur, provided that the applicant's landscape
architect, arborist, engineer or other qualified professional provides
testimony and/or a drawing that by using innovative techniques the
existing tree, tree mass, or woodland area proposed to remain will
not be severely injured by the proposed development.
No person shall cut or remove any significant tree nor shall
any property owner or occupant knowingly permit the removal of any
significant tree in excess of 12 inches in diameter measured on the
tree at a height of 54 inches above the level of the ground upon any
lands within the Township, unless the aforesaid is accomplished in
accordance with the regulations and provisions of this section. Permits
are required to remove both healthy and diseased or dead trees. The
removal of diseased or dead trees requires certification by the Director
of Public Works or his/her designee. In addition, any person desiring
to clear an area greater than 500 square feet (no matter how small
the trees, brush and/or vegetation may be) must obtain approval from
the Planning Board.
Any property owner who fails to comply with the above sections
shall be subject to the following fines and penalties as determined
by the Department of Code Enforcement.
Trees and all vegetation in freshwater wetlands areas are protected
by N.J.S.A. 13:9B-1 et seq., Freshwater Wetlands Protection Act Rules,
Chapter 7A; enforced by the New Jersey Department of Environmental
Protection. Neither the Department of Public Works nor the Planning
Board will authorize the removal of trees in any wetlands area until
a permit has been issued by the Department of Environmental Protection.
[Amended 6-14-2022 by Ord. No. 2022-09]
The Delran Township Memorial Tree Program is hereby established
as follows:
A.
The Township shall accept donations of any amount for the purpose
of planting and preserving trees located upon real property within
the borders of and owned by the Township.
B.
Any donations made to the Delran Township Memorial Tree Fund shall
be placed in an earmarked and dedicated bank account. All monies placed
in the Delran Township Memorial Tree Fund shall be used solely for
the purposes set forth in this section.
C.
No other funds shall be commingled in this dedicated Memorial Tree
Fund bank account and no funds placed therein shall be used for any
purpose other than as stated in this section.
D.
Any person or entity may participate in the Memorial Tree Program
by making donations as follows:
(1)
Donate the sum of $350 to cover the Township's costs for both:
i) the purchase and planting of one tree within the Township's
public parks and/or open space; and ii) an "honor leaf plaque" with
written memorialization to be installed on a memorial tree wall display
within the Township Municipal Building;
(2)
Donate the sum of $100 to cover the Township's costs for the
purchase and installation of an "honor leaf plaque" with written memorialization
to be installed on a memorial tree wall display within the Township
Municipal Building; and
(3)
A donation in any amount will be accepted even if the donor does
not want a tree planted or an honor leaf plaque installed.
E.
Regulations for the Delran Township Memorial Tree Program and Memorial
Tree Fund shall be available through the office of the Township Clerk
and the Township Green Team.
