[HISTORY: Adopted by the Township Committee of the Township
of Mannington as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-4-2024 by Ord. No. 24-03]
The purpose of this chapter is to establish requirements for
tree removal and replacement in Mannington Township to reduce soil
erosion and pollutant runoff, promote infiltration of rainwater into
the soil, and protect the environment, public health, safety, and
welfare with regard to certain categories of tree removal that are
not subject to review and approval in connection with an application
for development (as defined in the New Jersey Municipal Land Use Law[1]) filed with the Mannington Township Planning Board.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
For the purpose of 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 below, who applies for approval to
remove trees regulated under this chapter. Except as otherwise expressly
provided in this chapter, "applicant" shall not include applicants
to the Mannington Township Planning Board who propose to remove trees
in connection with development activities that are the subject of
such applications.
The zone around the base of a tree where the majority of
the root system is found. This zone is calculated by multiplying the
diameter at breast height (DBH) of the tree by 1.5 feet. For example:
A tree with a six-inch DBH would have a CRR equal to 6 inches x 1.5
feet = 9 feet.
The diameter of the trunk of a mature tree generally measured
at a point 4 1/2 feet above ground level from the uphill side
of the tree. For species of trees where the main trunk divides below
the 4 1/2 foot height, the DBH shall be measured at the highest
point before any division.
A tree or limbs thereof that meet one or more of the criteria
below. A tree that does not meet any of the criteria below and is
proposed to be removed solely for development purposes is not a hazard
tree. To qualify as a hazard tree, a tree must:
Have an infectious disease or insect infestation;
Be dead or dying;
Be obstructing the view of traffic signs or the free passage
of pedestrians or vehicles, where pruning attempts have not been effective;
Be causing obvious damage to structures (such as building foundations,
sidewalks, agricultural land/structures, etc.); or
Be determined to be a threat to public health, safety, and/or
welfare by a certified arborist or New Jersey licensed tree expert.
Any individual, resident, corporation, utility, company,
partnership, firm, or association other than a person who submits
an application for development to the Mannington Township Planning
Board pursuant to the New Jersey Municipal Land Use Law, or a person
who engages in development pursuant to the Mannington Township Planning
Board's approval of such an application, unless compliance with
any provision of this chapter is required as a condition of such Mannington
Township Planning Board approval.
The part of a street right-of-way between the public right-of-way
and the portion of the street reserved for vehicular traffic or between
the abutting property line and the curb or traveled portion of the
street, exclusive of any sidewalk.
An individual who resides on the residential property or
contractor hired by the individual who resides on the residential
property where a tree(s) regulated by this chapter is removed or proposed
to be removed.
A tree planted in the sidewalk, planting strip, and/or in
the public right-of-way adjacent to (or specified distance from) the
portion of the street reserved for vehicular traffic. This also includes
trees planted in planting strips within the roadway right-of-way,
i.e., islands, medians, pedestrian refuges.
A woody perennial plant, typically having a single stem or
trunk growing to a considerable height and bearing lateral branches
at some distance from the ground.
The diameter of the trunk of a young tree, measured six inches
from the soil line. For young trees whose caliper exceeds four inches,
the measurement is taken 12 inches above the soil line.
To kill or to cause irreparable damage that leads to the
decline and/or death of a tree. This includes, but is not limited
to, 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 around the
base of the tree that leads to the decline and/or death of a tree.
Tree removal does not include responsible pruning and maintenance
of a tree, or the application of treatments intended to manage invasive
species, or removal of trees in connection with development pursuant
to an approval issued by the Mannington Township Planning Board unless
compliance with any provision of this chapter is required as a condition
of such Mannington Township Planning Board approval.
A.
Street tree removal. Any person who removes one or more street tree(s) with a DBH of 2.5 inches or more, unless exempt under Subsection F below, shall be subject to the requirements of the Tree Replacement Requirements Table below.
B.
Tree removal by person other than a resident. Any person who removes one or more tree(s), as defined as tree removal, with a DBH of six inches or more per acre, unless otherwise detailed under Subsection F below shall be subject to the requirements of the Tree Replacement Requirements Table.
C.
Replacement trees may include any species type that is listed in
the United States Department of Agriculture Natural Resources Conservation
Service Plants Database as a tree occurring in Salem County, New Jersey,
but shall not include the following invasive species types:
|
Black locust
|
Robinia pseudoacacia L.
|
|
Callery pear
|
Pyrus calleryana
|
|
Catalpa
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Catalpa bignonioides Walter.
|
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Chinese elm
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Ulmus parvifolia
|
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Crack willow
|
Salix fragilis L.
|
|
Devil's walking stick
|
Aralia spinosa L.
|
|
Empress tree
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Paulownia tomentosa (Thunb.) Steudel.
|
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Japanese cork tree
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Phellodendron japonicum Maxim.
|
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Mimosa
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Albizia julibrissin Durazz.
|
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Norway maple
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Acer platanoides L.
|
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Paper-mulberry
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Broussonetia papyrifera (L.) Vent.
|
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Scotch pine
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Pinus sylvestris L.
|
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Siberian elm
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Ulmus pumila L.
|
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Sweet cherry
|
Prunus avium L.
|
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Tree of heaven
|
Ailanthus altissima (Miller) Swingle.
|
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Umbrella tree
|
Magnolia tripetala (L.) L.
|
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White mulberry
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Morus alba L.
|
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White poplar
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Populus alba L.
|
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White willow
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Salix alba L.
|
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Yellow buckeye
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Aesculus flava Ait.
|
D.
Replacement trees:
(1)
Shall, unless an above listed invasive species type, be replaced
in kind with a tree that has an equal or greater DBH than the tree
removed or meet the tree replacement criteria in the table below;
(2)
Shall be planted within 12 months of the date of removal of the original
tree(s) or at an alternative date specified by the municipality;
(3)
Shall be monitored by the applicant for a period of two years to
ensure their survival and shall be replaced as needed within 12 months;
(4)
Shall not be planted in temporary containers or pots, as these do
not count towards tree replacement requirements; and
(5)
Shall be planted in accordance with the Tree Owner's Manual
for the Northeastern and Midwestern United States, published by the
United States Department of Agriculture Forest Service for Northeastern
Area State and Private Forestry.
|
Tree Replacement Requirements Table
| |||
|---|---|---|---|
|
Category
|
Tree Removed
(DBH in inches)
|
Tree Replacement Criteria
(See Appendix A[1])
|
Application Fee
|
|
1
|
2.5 (for street trees) or 6 (for non-street trees) to 12.99
|
Replant 1 tree with a minimum tree caliper of 1.5 inches for
each tree removed
|
N/A
|
|
2
|
13 to 22.99
|
Replant 2 trees with minimum tree calipers of 1.5 inches for
each tree removed
|
N/A
|
|
3
|
23 to 32.99
|
Replant 3 trees with minimum tree calipers of 1.5 inches for
each tree removed
|
N/A
|
|
4
|
33 or greater
|
Replant 4 trees with minimum tree calipers of 1.5 inches for
each tree removed
|
N/A
|
[1]
Editor's Note: Appendix A is on file in the Township
offices.
E.
Replacement alternatives.
(1)
If the municipality determines that some or all required replacement
trees cannot be planted on the property where the tree removal activity
occurred, then the applicant shall do one of the following:
(a)
Plant replacement trees in a separate area(s) approved by the
municipality; or
(b)
Pay a fee in the amount of the Township Engineer's estimate
of the cost that would be required to replace the removed tree(s)
according to the above Tree Replacement Requirements Table, including
the Township Engineer's estimate of the cost of planting. This
fee shall be placed into a fund dedicated to tree planting and continued
maintenance of the trees.
F.
Exemptions.
(1)
All persons shall comply with the tree replacement standards outlined
above, except in the cases detailed below. Proper justification shall
be provided by all persons claiming an exemption in the form of photographs
and/or other information satisfactory to the Mannington Township Public
Works Department to warrant granting the requested exemption, including
any requested exemption based on there being a clear and present danger
to any persons or property.
(a)
Residents who remove fewer than four trees per acre that fall
into Category 1, 2, or 3 of the above Tree Replacement Requirements
Table within a five-year period. The number of trees removed is a
rolling count across a five-year period. For example, if three trees
from Category 1 are removed in July 2023, the count resets to zero
in July 2028. However, if one tree from Category 1 is removed in July
2023 and another in July 2025, the first tree will come off the count
in July 2028, and the second tree will come off the count in July
2030.
(b)
Tree farms in active operation, nurseries, fruit orchards, and
garden centers.
(c)
Properties used for the practice of silviculture under an approved
forest stewardship or woodland management plan that is active and
on file with the municipality, and land used for agricultural purposes.
(d)
Any trees removed as part of a municipal or state decommissioning
plan. This exemption only includes trees planted as part of the construction
and predetermined to be removed in the decommissioning plan.
(e)
Any trees removed pursuant to an NJDEP or EPA approved environmental
cleanup or NJDEP approved habitat enhancement plan.
(f)
Approved game management practices, as recommended by the NJDEP
Division of Fish, Game and Wildlife.
(g)
Hazard trees may be removed with no fee or replacement requirement.
G.
Enforcement. The provisions of this chapter shall be enforced by
officials of Mannington Township and the New Jersey State Police during
the course of ordinary enforcement duties.
H.
Any person(s) who is found to be in violation of the provisions of
this chapter shall be subject to a fine in the amount of the Township
Engineer's estimate of the required replacement tree(s) and the
cost of planting the required replacement tree(s), unless the Township
Committee requires the planting of additional trees in lieu of a fine.
