[HISTORY: Adopted by the now Township Council
of the Township of West Windsor 4-29-2024 by Ord. No. 2024-08.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also deleted former Ch. 170,
Trees, adopted 12-27-1979 by Ord. No. 79-39 as Chapter XVI of the
Revised General Ordinances, as amended. Ordinance No. 2024-08 has
an effective date of 10-27-2024.
Trees are a natural resource that provide environmental, aesthetic,
health, and economic benefits to the municipality and its inhabitants.
The proper care, management, and preservation of the community tree
resource, both individual trees and woodlands, including the removal
of dead, damaged, infested, or diseased trees; and the preservation
of significant trees and woodland, on both public and private property,
can have a significant positive impact on individual properties, neighborhoods,
and the municipality as a whole. The adoption of this chapter is consistent
with the Township's state-approved Community Forestry Management Plan,
and is appropriate to protect the environment, while promoting the
public's health, safety, and welfare, including reduced soil erosion,
reduction of air and water pollutants and increased infiltration of
stormwater.
For this chapter, the following terms, phrases, words, and their
derivations shall have the meanings stated herein unless their use
in the text of this chapter clearly demonstrates a different meaning.
When consistent with the context, words used in the present tense
include the future, words used in the plural number include the singular
number, and words used in the singular number include the plural number.
The use of the word "shall" means the requirement is always mandatory
and not merely directory.
Any "person," as defined herein, who applies for approval
to undertake the removal of a tree or trees regulated under this chapter.
A farm management unit of no less than five acres producing
agricultural or horticultural products worth $2,500 or more annually
and satisfying the eligibility criteria for differential property
taxation pursuant to the Farmland Assessment Act of 1964, N.J.S.A.
54:4-23.1 et seq.; or a farm management unit of less than five acres,
producing agricultural or horticultural products worth $50,000 or
more annually and otherwise satisfying the eligibility criteria for
differential property taxation pursuant to the Farmland Assessment
Act of 1964, N.J.S.A. 54:4-23.1 et seq. A farm management unit is
a parcel or parcels of land, whether contiguous or noncontiguous,
together with agricultural or horticultural buildings, structures
and facilities, producing agricultural or horticultural products,
and operated as a single enterprise.
The zone around the base of a tree, measured from the outer
trunk bark. It is where the majority of the tree root system typically
grows. This zone is calculated by multiplying the diameter, in inches,
at breast height (DBH) of the tree by 1.5 feet/inch, the product is
in feet. For example: a tree with a six-inch DBH would have a CRR
= 6 inches x 1.5 feet/inch = 9 feet.
A tree or limbs thereof that meet one or more of the criteria
below, as determined by a licensed tree expert reported in writing,
based upon accepted arboricultural standards. Trees or limbs that
do not meet any of the criteria below and are proposed to be removed
solely for aesthetic, tree or landscape growth, or any type of construction
purpose do not meet the definition of a dangerous trees.
Has an infectious disease or insect infestation that is likely
to lead to the demise of the tree and/or nearby trees;
Is dead, dying, severely declining, and/or severely damaged,
including severely storm damaged and tree(s) felled by natural causes;
Obstructs the operation or operational view of traffic signals
and signs, streetlights, fire hydrants, sanitary sewer pipes, potable
water pipes, or the safe passage of pedestrians or vehicles, where
pruning attempts or protective measures have not been effective, or
will cause demise of the tree;
Is causing obvious damage to public or private structures and/or
infrastructure, that cannot be pragmatically mitigated;
Is otherwise determined, by a New Jersey Licensed Tree Expert,
Certified Arborist, or an appropriate municipal representative, to
be a threat to public health, safety, and/or welfare, which cannot
be otherwise mitigated by an appropriate and pragmatic protection.
The diameter in inches of the trunk of a mature tree measured
at a point 4 1/2 feet above ground level, along a line parallel
to the trunk, from the uphill side of the tree. A mature tree is a
tree that measures six inches, or greater, at diameter breast height
(DBH). For trees where the main trunk divides (multi-stem) below the
four-and-a-half-foot height, but at least six inches above ground
level, the DBH shall be measured at the highest point below any division,
or shall be the average of the stems measured at breast height, whichever
is less. Multi-stem trees that split or fork below six inches above
grade shall be treated as multiple individual trees.
A person who has been examined and proven to be competent
in the science and skills to perform tree care operator services which
means and includes tree pruning, repairing, brush cutting or removal,
tree removal, and stump grinding or removal. The State of New Jersey
license is a document that insures that the named individual has the
expertise required to be presented to the public as a Licensed Tree
Care Operator as established by N.J.S.A. 45:15C-11 et seq.
A person who has been examined and proven competent in the
science and art of diagnosing, treating and preventing tree injuries.
The State of New Jersey license is a document that insures that the
named individual has the expertise required to be presented to the
public as a Licensed Tree Expert as established by N.J.S.A. 45:15C-11
et seq. Licensed Tree Experts can perform tree expert services, which
means and includes: tree pruning, repairing, brush cutting or removal,
tree removal, stump grinding or removal, tree establishment, fertilization,
cabling and bracing, lightning protection, consulting, diagnosis,
and treatment of tree problems or diseases, tree management during
site planning and development, tree assessment and risk management,
and lawful application of pesticides or any other form of tree maintenance.
The application of a ground treatment, e.g., shredded bark,
wood chips, within the critical root radius of a tree. Over-mulch
is the condition where mulch and/or soil is applied higher than four
inches in height above soil surface within the critical root radius,
or against the tree trunk or stems. Maintain mulch three to five inches
away from the stems of young plants or shrubs, and eight to 12 inches
away from mature tree trunks. Improper mulch is where a substance
which is harmful to the tree is applied within the critical root radius
of a tree.
A "person" who has received a tree removal permit from the
Township.
Any individual, resident, property owner, corporation, company,
partnership, firm, property association, contractor, or subcontractor.
Person shall not include a government agency or public utility, or
the staff of these entities performing authorized work or actions
on trees on property owned or operated by the agency or utility.
The part of a public or private street right-of-way or easement
between the right-of-way, property, or easement line(s), and the cartway
or portion of the street designed for vehicular traffic, exclusive
of any sidewalk and driveways.
Real property owned by federal, state, county or local governments
or their agencies or departments.
A tree of a species, cultivar, size and form appropriate
for the location it will be planted and shall adhere to the American
Standard of Nursey Stock (American National Standards Institute: ANSI
Z60.1 most recent edition), published by the American Horticulture
Industry Association, d/b/a American Hort, Columbus OH.
An individual who resides on the residential property or
a contractor hired by the property owner or individual who resides
on the residential property, where a tree, subject to this chapter,
is proposed for removal or is removed.
A tree located in the planting strip and/or in the public
or private right-of-way or easement adjacent to the portion of the
street designed for vehicular traffic. This also includes trees planted
in planting strips within the street cartway, i.e., islands, medians,
and pedestrian refuges. Trees adjacent to public or private driveways
and parking lots, and outside the planting strip or tree lawn, are
not street trees.
A woody perennial plant (deciduous or coniferous), typically
but not exclusively, having a single stem or trunk growing to a considerable
height and bearing lateral branches at some distance from the ground.
Multi-stem trees that split or fork below six inches above grade shall
be treated as multiple individual trees; otherwise, they shall be
considered one tree.
The diameter in inches of the trunk of a young tree, measured
six inches above the ground level for field-grown trees; and measured
from the soil line for container grown trees, which soil line should
be at or near the top of the root flare, and six inches above the
root flare for bare root plants, up to and including the four-inch
caliper size interval (i.e., from four inches up to, but not including,
4 1/2 inches). If the caliper measured at six inches is 4 1/2
inches or more, then the caliper shall be measured at 12 inches above
the ground level, soil line, or root flare, as appropriate. Multi-stem
tree caliper shall be calculated as either 1/2 of the caliper of the
three largest trunks, or the average caliper of all trunks.
To either purposefully kill or to cause irreparable damage
that leads to the decline and/or death of a tree. Tree removal is
typically the process of safely and methodically cutting down and
removing a tree from its location. This can also include, but is not
limited to, one or more of the following: digging, spading, excessive
pruning, application of substances that are toxic to the tree, over-mulching
or improper mulching, and improper grading, and/or soil compaction
within the critical root radius (CRR) that leads to the decline and/or
death of a tree. Tree removal does not include responsible pruning
and maintenance of a tree, in accordance with industry accepted standards,
the responsible application of treatments, and removal of exotic species
intended to manage their spread pursuant to the "Prohibited Replacement
Tree List," adopted by the West Windsor Township Shade Tree Commission,
or findings and official publication of a State of New Jersey agency.
The Prohibited Replacement Tree List shall be available from the Township
and shall be posted on the Township internet web page.
Approval, issued by West Windsor Township, to conduct tree
removal or other regulated activities upon a tree or trees. Tree removal
permit applications, information, forms, and standard details shall
be available from the Township and shall be posted on the Township
internet web page.
It shall be a violation of this chapter for any person to conduct purposeful tree removal, destruction, damage, injury, excavation, grinding, girdling, over-mulch, improper mulch, soil compaction, fill application, or construct structures within the critical root radius of any tree in West Windsor, not exempt from these regulations as described in § 170-4, without first obtaining a tree removal permit as provided herein.
A.
Tree removal permit required.
(1)
Any person planning actions that include or may result in tree removal
of a tree with a DBH of six inches or greater, or any size street
tree, shall submit a tree removal permit application, and the prescribed
initial application fee, to the Township on a complete form to be
provided for this purpose.
(2)
West Windsor shall review and approve or deny the application within
20 business days (days that Township offices are officially open)
of the date of receipt. If the application is determined to be incomplete,
then the review period shall reset at 20 business days from the date
of re-submission. If not acted upon by the Township within 20 business
days, the application will be considered approved. No regulated nonemergency
tree removal shall take place without an approved tree removal permit
for the tree(s) involved.
(3)
If the applicant is the owner or operator of a commercial farm, as
defined in the New Jersey Department of Agriculture regulations, then
the Township may review the application with the Agricultural Advisory
Committee, or appropriate staff liaison to the Agricultural Advisory
Committee, to determine if the application is being made to benefit
an anticipated land development proposal or application, in which
case the tree removal permit application shall be denied and the applicant
shall be advised to submit a land use application to the Township.
(4)
Activities related to a land development project that requires a zoning permit, Planning Board and/or Zoning Board of Adjustment approval shall provide an inventory of existing tree resources and a tally of proposed tree removal; and replacement; or replanting; or planting; for review by the Township with the land development application. The land development application shall also include a calculation of anticipated applicable additional application fees, as prescribed herein regarding tree removal. Issuance of the approved zoning permit to construct the approved land development work shall serve as the approved tree removal permit for tree removal activities, as detailed in the land development application, and shall include the additional application fees, calculated pursuant to § 170-3B and C. Regulated tree removal shall not occur prior to the payment of applicable fees, including fees prescribed herein regarding tree removal, and the issuance of a zoning permit, or a separate tree removal permit.
(6)
Tree care and removal are further regulated by the New Jersey Tree
Experts and Tree Care Operators Licensing Act (N.J.S.A. 45:15C-11
et seq.). Businesses and individuals that provide tree care services
are legally required to be appropriately insured, registered with
the state, and must have individuals on staff that are licensed and
appropriately trained to perform such services. Where tree removal
permit application is filed by a property owner or resident, it must
include information for the LTCE/LTCO involved with the removal.
B.
Tree replacement quantity requirements. Any person who removes one or more street trees of 2.5 inches or greater at DBH, or who removes one or more trees six inches or greater DBH, unless exempt under § 170-4, shall be subject to the tree replacement requirements in Table 1 below.
|
Table 1
Tree Replacement Requirements
| ||
|---|---|---|
|
Category
|
Size of Tree to be Removed,
(inches DBH)
|
Replacement Trees to be Planted
(inches caliper)
|
|
1
|
6 to 12.99 DBH and street tree 2.5 to 12.99 DBH
|
Plant one tree with a minimum tree caliper of 1.5 for each tree
removed
|
|
2
|
13 to 22.99 DBH
|
Plant two trees with minimum tree caliper of 1.5 for each tree
removed
|
|
3
|
23 to 32.99 DBH
|
Plant three trees with minimum tree caliper 1.5 for each tree
removed
|
|
4
|
33 or greater DBH
|
Plant four trees with minimum tree caliper of 1.5 for each tree
removed
|
|
NOTE: A coniferous tree measuring five feet in height shall
be considered equal to a deciduous tree measuring 1.5 caliper for
replacement requirement.
|
C.
Tree replacement planting requirements.
(1)
The species and type of replacement trees shall not be of a species,
type, cultivar, or selection, known to be invasive, pursuant to the
"Prohibited Replacement Tree List," adopted by the West Windsor Township
Shade Tree Commission, or the findings and official publication of
a State of New Jersey agency. The Prohibited Replacement Tree List
shall be available from the Township and shall be posted on the Township
internet web page.
(2)
Replacement trees shall be planted on the same property as the trees
removed or at another location agreed upon by the Township, and shall
be subject to post-planting observation by the Township to confirm
compliance with this chapter.
(3)
Replacement trees shall be planted, during an appropriate season
and weather conditions, within 12 months of the date of tree removal
of the original tree(s) or at an alternative date agreed upon by the
Township.
(4)
Replacement trees planted on private property shall be maintained
and monitored by the permittee for a period of two years from planting
date. Any tree that does not survive for that two-year period, or
that upon observation by the Township has been determined to have
been planted improperly, shall be replaced consistent with the replacement
requirements herein.
(5)
Replacement trees shall be planted in accordance with the standard
Township tree planting detail. Replacement trees shall not be planted
in temporary containers and shall be planted in soil in a manner that
will support tree health and survival. The standard tree planting
detail shall be available from the Township and shall be posted on
the Township internet web page.
(6)
Replacement trees shall not be planted in planting strips or tree
lawns that measure less than 16 square feet in surface area, or less
than three feet six inches in any dimension.
(7)
Replacement trees planted within six feet of a paved sidewalk, path,
or plaza, shall include the installation of a tree root barrier at
least 12 inches in depth for a length of six feet, centered upon the
trunk of the tree, along the edge of the paved walk, path or plaza.
(8)
If tree replacement on the permittee's property is not feasible,
then the fees listed below in Table 2 for each tree category shall
be paid to the Township in the form of a tree removal permit additional
application fee, to be deposited to a Township account or fund exclusively
dedicated for the purposes of implementing community forestry arboricultural
practices, including tree planting. When the Township plants trees
with fees collected under this section, every effort will be made
by the Township to plant the replacement trees at locations where
the trees will result in environmental protection or enhancement,
reduce soil erosion or pollutant runoff, and improve stormwater transpiration
and infiltration.
|
Table 2
Tree Removal Permit Additional Application Fee
| ||
|---|---|---|
|
Category
|
Size of Tree to be Removed
(inches DBH)
|
Additional Application Fee, Cumulative Per Tree
|
|
1
|
6 to 12.99 DBH and street tree 2.5 to 12.99 DBH
|
$300
|
|
2
|
13 to 22.99 DBH
|
$1,000
|
|
3
|
23 to 32.99 DBH
|
$1,500
|
|
4
|
33 or greater DBH
|
$2,000
|
D.
Conservation areas and Township property. No person shall purposefully cause to occur any disturbance to land or vegetation, including the harming, injuring, girdling, removing and destroying of living trees, on any Township property, or right-of-way, or in any area on private property designated for conservation by an approval of a Township land use board, whether such area is established by specific delineation or by application of principles and processes set forth in the land use board approval and application documents, and in any other area for which conservation restrictions are in place by virtue of easements, deed restrictions, or other legal instruments. Conservation areas created by land use board approvals may be established by Greenbelt or other easement or deed restriction, but shall also be subject to this chapter and potential penalties pursuant to § 200-254 of the Township Code if no deed restrictions or easements are recorded, whether or not the intent of the approval was to have such instruments recorded.
All persons shall comply with the tree replacement and permit
standards described within this chapter, except in the cases detailed
below. Justification shall be provided to the Township by all persons
claiming an exemption, prior to undertaking any regulated activity.
A.
Tree removal within a residential property with one single-family
or two-family dwelling, that involves the removal of up to three trees
that fall into categories 1, 2, or 3 of the Tree Replacement Requirements
Table 1 on an individual property, or per acre of an individual property
exceeding one acre in size, with any partial acreage being prorated
accordingly, within a five-year period. The number of trees removed
is a rolling count across any five-year period. For example, if three
trees from category 1 are removed in July 2024, the "count" resets
to zero in July 2029. However, if one tree from category 1 is removed
in July 2024 and another in July of 2026, the first tree will come
off the count in July 2029 and the second in July 2031. A tree removal
permit application and fee shall be required for these trees in order
to justify and record the exemption.
B.
Dangerous trees shall not be counted in the determination of exemptions under § 170-4A and may be removed without incurring any replacement tree planting or tree removal permit application fee requirement, pursuant to § 170-3B and C, respectively. Any tree(s) with a base located within 25 feet of the applicant's residential structure (home and garage) on residential property with one single-family or two-family dwelling will be considered a dangerous tree(s) for purposes of this chapter. A tree removal permit application must be submitted to the Township to justify and record the removal of one or more dangerous trees. There shall be an exception from filing a tree removal permit application for dangerous trees located on residential property with one single-family or two-family dwelling, determined as dangerous by a licensed tree expert in a written report, even in the cases of storm-damaged trees and trees felled by natural causes. The written report must be retained at the property for a minimum of five years, in case verification is necessary to be provided.
C.
Educational institution tree farms and commercial tree farms in active
operation, including nurseries, fruit orchards, and garden centers.
D.
Properties used for the practice of silviculture under a state-approved
forest stewardship or woodland management plan that is active and
on file with the Township.
E.
Any tree removal as part of a Township or state decommissioning plan.
This exemption only includes trees planted as part of the construction
and predetermined to be removed in the decommissioning plan.
F.
Any tree removal pursuant to a New Jersey Department of Environmental
Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved
environmental cleanup, or NJDEP approved habitat enhancement plan.
G.
State-approved game management practices, as recommended by NJDEP.
H.
Tree removal, maintenance or land management by the Township or its
authorized contractors or subcontractors.
The Township shall designate staff to enforce Chapter 170. The designated staff person(s) may confer with the Township Administration and Shade Tree Commission regarding enforcement of this Chapter 170. Applicants are hereby granted the right to appeal the aforesaid determination by the enforcement staff person to the Business Administrator, in which event, the applicant must submit a written notice of appeal to the Township within 10 days after receipt of the enforcement staff person's notification to the applicant. Thereupon, the Business Administrator will, upon notice to the applicant, proceed to hear the matter within 30 days after receipt of the appeal by the Township. The decision of the Business Administrator may affirm, reverse or modify the aforesaid determination and shall constitute the final administrative determination of the application.
Township staff shall report to the Township Administration,
Township Council and the Shade Tree Commission on an annual basis
all application fees collected, expenditures of such fees and the
locations of replacement trees on public property, related to fees
collected under this chapter.
Any person who is found to be in violation of the provisions of this chapter shall, upon conviction, be liable to the penalty established in Township Code Chapter 1, General Provisions, Article II, Penalty, § 1-3, in addition to the applicable tree removal permit application fee. The Township may, based upon individual circumstances, require the planting of additional trees in accordance with the provisions of this chapter in lieu of a fine.
If a tree becomes dangerous, or develops dangerous limbs, as
established by the standard of this chapter, than the owner of the
property on which the tree stands shall implement appropriate protections
and/or barriers as soon as possible. The property owner shall also
promptly act to cause safe removal of the tree or the dangerous part
thereof on receipt of written notice to that effect from the Township
Business Administrator or duly authorized personnel.
A.
Standard established; clear sight distance for vision at intersection.
The owner or tenant of any lands lying within the Township shall keep
all brush, hedges and other plant life growing within 10 feet of any
street and within 25 feet of the intersection of two streets cut to
a height of not more than 2 1/2 feet, as deemed necessary and
expedient for the preservation of public safety after a determination
by the Chief of Police or any subordinates acting under the Chief's
direction.
B.
Removal by Township. If a property owner fails to remove the tree
or portion thereof within 30 days after receipt of written notice
to do so, the work may be performed by the Township under the advisement
of the Township Business Administrator, who shall also certify the
cost to the Mayor and Township Council.
C.
Costs charged against land; lien established. Upon determining the
certified costs, the Mayor or designee shall examine them and shall
cause the reasonable cost to be charged against the lands. The amount
so charged shall become a lien upon the lands and shall be added to
and become part of the taxes next to be assessed and levied on the
lands, the same to bear interest at the same rate as other taxes and
be collected and enforced by the same officer and in the same manner
as taxes.
Each section, subsection, sentence, clause, and phrase of this
chapter is declared an independent section, subsection, sentence,
clause, and phrase, and finding or holding of any such portion of
this chapter to be unconstitutional, void, or ineffective for any
cause or reason shall not affect any other portion of this chapter.
This chapter shall take effect 180 days after action or inaction
by the Mayor as approved by law, or an override of a mayoral vote
by the Council, whichever is applicable; and upon publication according
to law.
[1]
Editor's Note: Ord. No. 2024-08 is effective 10-27-2024.
