For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. When not inconsistent 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 word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
COMMUNITY BASIN
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this article.
CONTRIBUTORY DRAINAGE AREA
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
CORE
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
COUNTY REVIEW AGENCY
An agency designated by the Board of County Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
A.
A county planning agency; or
B.
A county water resource association created under N.J.S.A. 58:16A-55.5,
if the ordinance or resolution delegates authority to approve, conditionally
approve, or disapprove municipal stormwater management plans and implementing
ordinances.
DEPARTMENT
The Department of Environmental Protection.
DESIGN ENGINEER
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
DESIGNATED CENTER
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
DEVELOPMENT
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, for which
permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq.
A.
In the case of development of agricultural land, "development"
means any activity that requires a state permit, any activity reviewed
by the County Agricultural Board (CADB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
DISTURBANCE
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
DRAINAGE AREA
A geographic area within which stormwater, sediments, or
dissolved material drain to a particular receiving waterbody or to
a particular point along a receiving waterbody.
ENVIRONMENTALLY CONSTRAINED AREA
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
ENVIRONMENTALLY CRITICAL AREA
An area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
GREEN INFRASTRUCTURE
A stormwater management measure that manages stormwater close
to its source by:
A.
Treating stormwater runoff through infiltration into subsoil;
B.
Treating stormwater runoff through filtration by vegetation
or soil; or
C.
Storing stormwater runoff for reuse.
HUC 14 or HYDROLOGIC UNIT CODE 14
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water. All buildings,
parking areas, driveways, roads, sidewalks and areas in concrete,
asphalt and packed stone shall be considered impervious surfaces within
this definition. In addition, other areas determined by the Municipal
Engineer to be impervious within the meaning of this definition shall
also be deemed an impervious surface.
INFILTRATION
The process by which water seeps into the soil from precipitation.
LEAD PLANNING AGENCY
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
MAJOR DEVELOPMENT
A.
An individual "development," as well as multiple developments
that individually or collectively result in:
(1)
The disturbance of one or more acres of land since February
2, 2004;
(2)
The creation of one-quarter acre or more of "regulated impervious
surface" since February 2, 2004;
(3)
The creation of one-quarter acre or more of "regulated motor
vehicle surface" since March 2, 2021, or the effective date of this
article, whichever is earlier; or
(4)
A combination of Subsection A(2) and (3) above that totals an
area of one-quarter acre or more. The same surface shall not be counted
twice when determining if the combination area equals one-quarter
acre or more.
B.
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of Subsection A(1), (2), (3), or (4) above. Projects undertaken by
any government agency that otherwise meet the definition of "major
development" but which do not require approval under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major
development.
MOTOR VEHICLE
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, "motor vehicle" does not include
farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope, grooming machines, or
vehicles that run only on rails or tracks.
MOTOR VEHICLE SURFACE
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft, and is directly exposed to
precipitation including, but not limited to, driveways, parking areas,
parking garages, roads, race tracks, and runways.
MUNICIPALITY
Any city, borough, town, township, or village and, for the
purposes of this article, the Township of Alexandria.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this article. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this article. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this article, provided the design engineer demonstrates to the municipality, in accordance with §
115-162F of this article and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this article.
NODE
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
NUTRIENT
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
PERSON
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
POLLUTANT
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. 2011 et seq.)], thermal waste, wrecked or discarded
equipment, rock, sand, cellar dirt, industrial, municipal, agricultural,
and construction waste or runoff, or other residue discharged directly
or indirectly to the land, ground waters or surface waters of the
State, or to a domestic treatment works. "Pollutant" includes both
hazardous and nonhazardous pollutants.
PUBLIC ROADWAY OR RAILROAD
A pathway for use by motor vehicles or trains that is intended
for public use and is constructed by, or on behalf of, a public transportation
entity. A public roadway or railroad does not include a roadway or
railroad constructed as part of a private development, regardless
of whether the roadway or railroad is ultimately to be dedicated to
and/or maintained by a governmental entity.
[Added 4-11-2024 by Ord. No. 2024-001]
PUBLIC TRANSPORTATION ENTITY
A federal, state, county, or municipal government, an independent
state authority, or a statutorily authorized public-private partnership
program pursuant to P.L. 2018, c. 90 (N.J.S.A. 40A:11-52 et seq.),
that performs a public roadway or railroad project that includes new
construction, expansion, reconstruction, or improvement of a public
roadway or railroad.
[Added 4-11-2024 by Ord. No. 2024-001]
RECHARGE
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
REGULATED IMPERVIOUS SURFACE
Any of the following, alone or in combination:
A.
A net increase of impervious surface;
B.
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
C.
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
D.
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
REGULATED MOTOR VEHICLE SURFACE
Any of the following, alone or in combination:
A.
The total area of motor vehicle surface that is currently receiving
water;
B.
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
SEDIMENT
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site or origin by
air, water or gravity as a product of erosion.
SITE
The lot or lots upon which a major development is to occur
or has occurred.
SOIL
All unconsolidated mineral and organic material of any origin.
STATE PLAN POLICY MAP
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of these
goals and policies.
STORMWATER
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BMP
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal non-stormwater discharges
into stormwater conveyances.
STORMWATER MANAGEMENT PLANNING AREA
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by the agency.
STORMWATER RUNOFF
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
WATER CONTROL STRUCTURE
A structure within, or a adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
WETLANDS or WETLAND
An area that is inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation.
[Amended 4-11-2024 by Ord. No. 2024-001]
A. Stormwater runoff shall be calculated in accordance with the following:
(1)
The design engineer shall calculate runoff using the following
method:
(a)
USDA Natural Resources Conservation Service (NRCS) methodology,
including the NRCS Runoff Equation and Dimensionless Unit Hydrograph,
as described in Chapters 7, 9, 10, 15 and 16, Part 630, Hydrology
National Engineering Handbook, incorporated herein by reference as
amended and supplemented. This methodology is additionally described
in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55),
dated June 1986, incorporated herein by reference as amended and supplemented.
Information regarding the methodology is available from the Natural
Resources Conservation Service website at https://directives.sc.egov.usda.gov/viewerFS.aspx?hid=21422,
or website link as may be revised by the USDA, or at United States
Department of Agriculture Natural Resources Conservation Service,
New Jersey State Office.
(2)
For the purpose of calculating curve numbers and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "curve number" applies to the NRCS methodology above at Subsection §
115-163A(1)(a). A curve number or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
(3)
In computing pre-construction stormwater runoff, the design
engineer shall account for all significant land features and structures,
such as ponds, wetlands, depressions, hedgerows, or culverts, that
may reduce pre-construction stormwater runoff rates and volumes.
(4)
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
(5)
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
B. Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference
as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological Survey website at https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf,
or website link as may be revised by the Department; or at New Jersey
Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code
29-01, Trenton, New Jersey 08625-0420.
C. The precipitation depths of the current two-, ten-, and 100-year storm events shall be determined by multiplying the values determined in accordance with Subsection
C(1) and
(2) below:
(1)
The applicant shall utilize the National Oceanographic and Atmospheric
Administration (NOAA), National Weather Service's Atlas 14 Point
Precipitation Frequency Estimates: NJ, in accordance with the location(s)
of the drainage area(s) of the site. This data is available at:
https://hdsc.nws.noaa.gov/hdsc/pfds/pfds map cont.html?bkmrk=nj,
or website link as may be revised by NOAA; and
(2)
The applicant shall utilize Table 5: Current Precipitation Adjustment
Factors below, which sets forth the applicable multiplier for the
drainage area(s) of the site, in accordance with the county adjustment
factors for Hunterdon County, found at N.J.A.C. 7:8-5.7(c), Table
5-5. Where the major development lies in more than one county, the
precipitation values shall be adjusted according to the percentage
of the drainage area in each county. Alternately, separate rainfall
totals can be developed for each county using the values in Table
5-5 at N.J.A.C. 7:8-5.7(c).
Table 5
|
---|
Current Precipitation Adjustment Factors, Hunterdon County
|
---|
2-year
Design Storm
|
10-year
Design Storm
|
100-year
Design Storm
|
1.02
|
1.05
|
1.13
|
D. The applicant shall utilize Table 6: Future Precipitation Change Factors below, which sets forth the change factors to be used in determining the projected two-, ten-, and 100-year storm events for use in this chapter, in accordance with the county adjustment factors for Hunterdon County, found at N.J.A.C. 7:8-5.7(d), Table 5-6. The precipitation depth of the projected two-, ten-, and 100-year storm events of a site shall be determined by multiplying the precipitation depth of the two-, ten-, and 100-year storm events determined from the National Weather Service's Atlas 14 Point Precipitation Frequency Estimates pursuant to Subsection
C(1) above, by the change factor in the table below. Where the major development and/or its drainage area lies in more than one county, the precipitation values shall be adjusted according to the percentage of the drainage area in each county. Alternately, separate rainfall totals can be developed for each county using the values in Table 5-6 at N.J.A.C. 7:8-5.7(d).
Table 6
|
---|
Future Precipitation Adjustment Factors, Hunterdon County
|
---|
2-year
Design Storm
|
10-year
Design Storm
|
100-year
Design Storm
|
---|
1.19
|
1.23
|
1.42
|
[Amended 4-11-2024 by Ord. No. 2024-001]
A. Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the Department's website at: https://dep.nj.gov/stormwater/bmpmanual/,
or website link as may be revised by the Department.
(1)
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater Best Management Practices Manual, as
amended and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
(2)
Additional maintenance guidance is available on the Department's
website at: https://dep.nj.gov/stormwater/maintenance-guidance/, or
website link as may be revised by the Department.
B. Submissions required for review by the Department should be mailed
to: The Division of Watershed Protection and Restoration, New Jersey
Department of Environmental Protection, Mail Code 501-02A, PO Box
420, Trenton, New Jersey 08625-0420.
[Added 5-9-2024 by Ord. No. 2024-003]
A. Purpose. An ordinance to establish requirements for tree removal
and replacement in the Township of Alexandria to reduce soil erosion
and pollutant runoff, promote infiltration of rainwater into the soil,
and protect the environment, public health, safety, and welfare.
B. Definitions. For the purpose of this section, the following terms,
phrases, words, and their derivations shall have the meanings stated
herein unless their use in the text of this Section 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.
APPLICANT
Any "person," as defined below, who applies for approval
to remove trees regulated under this section.
CRITICAL ROOT RADIUS (CRR)
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 inches DBH would have a CRR = 6"x1.5' = 9'.
DIAMETER AT BREAST HEIGHT (DBH)
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.
HAZARD TREE
A tree or limbs thereof that meet one or more of the 4 1/2
criteria below. Trees that do not meet any of the criteria below and
are proposed to be removed solely for development purposes are not
hazard trees. [Municipalities may choose to require a Licensed Tree
Expect to make all Hazard tree determination]
(1)
Has an infectious disease or insect infestation;
(3)
Obstructs the view of traffic signs or the free passage of pedestrians
or vehicles, where pruning attempts have not been effective;
(4)
Is causing obvious damage to structures (such as building foundations,
sidewalks, etc.); or
(5)
Is determined to be a threat to public health, safety, and/or
welfare by a certified arborist or Licensed Tree Expert (LTE).
PERSON
Any individual, resident, corporation, utility, company,
partnership, firm, or association.
PLANTING STRIP
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.
RESIDENT
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 section is removed or proposed
to be removed.
STREET TREE
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.
TREE
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.
TREE CALIPER
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.
TREE REMOVAL
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.
Removal does not include responsible pruning and maintenance of a
tree, or the application of treatments intended to manage invasive
species.
C. Regulated activities.
(1)
Application process.
(a)
Any person planning to remove a street tree, as defined as Tree
removal, with DBH of 2.5 inches or more or any non-street tree with
DBH of six inches or more on their property shall submit a Tree Removal
Application to the Township Zoning Officer. No tree shall be removed
until municipal officials have reviewed and approved the removal.
(b)
The submission of a survey shall be required for projects involving tree clearing of 1.5 acres or more. The survey shall reference the trees to be removed, the sizes of those trees and if any such trees are considered Hazard Trees or are otherwise exempt pursuant to Subsection
D herein.
(c)
An application fee of $25 shall be paid in connection with the
processing of the application in the event that a survey as outlined
above is required in addition to the replacement tree application
fees outlined below.
(2)
Tree replacement requirements.
(a)
Any person who removes one or more street tree(s) with a DBH of 2.5 inches or more, unless exempt under Subsection
D, shall be subject to the requirements of the Tree Replacement Requirements Table below.
(b)
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
D, shall be subject to the requirements of the Tree Replacement Requirements Table.
(3)
The tables of recommended trees and shrubs, which represent
the recommended plants for replacement trees and for landscaping required
as part of Land Use Board Site Plan review, to include, or to remove,
are required to be trees listed as Native to Hunterdon County, New
Jersey, as found in the Native Plant Society of New Jersey state-wide
database at the following link: https://npsnj.org/native-plants/plant-lists/#Native-Tree-Recommendations
(4)
Replacement tree(s) shall:
(a)
Be replaced in kind with a tree that has an equal or greater
DBH than tree removed or meet the Tree Replacement Criteria in the
table below;
(b)
Be planted within 12 months of the date of removal of the original
tree(s) or at an alternative date specified by the municipality;
(c)
Be monitored by the applicant for a period of two years to ensure
their survival and shall be replaced as needed within 12 months; and
(d)
Shall not be planted in temporary containers or pots, as these
do not count towards tree replacement requirements.
Tree Replacement Requirements Table
|
---|
Category
|
Tree Removed
(DBH)
|
Tree Replacement Criteria (See Appendix A)
|
Application Fee
|
---|
1
|
DBH of 2.5 inches (for street trees) or 6 inches (for non-street
trees) to 12.99 inches
|
Replant 1 tree with a minimum tree caliper of 1.5 inches for
each tree removed
|
N/A
|
2
|
DBH of 13 inches to 22.99 inches
|
Replant 2 trees with minimum tree calipers of 1.5 inches for
each tree removed
|
N/A
|
3
|
DBH of 23 inches to 32.99 inches
|
Replant 3 trees with minimum tree calipers of 1.5 inches for
each tree removed
|
N/A
|
4
|
DBH of 33 inches or greater
|
Replant 4 trees with minimum tree calipers of 1.5 inches for
each tree removed
|
N/A
|
(5)
Replacement alternatives.
(a)
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:
[1]
Plant replacement trees in a separate area(s) approved by the
municipality.
[2]
Pay a fee of $5 per tree removed. This fee shall be placed into
a fund dedicated to tree planting and maintenance of trees.
D. Exemptions. All persons shall comply with the tree replacement standard
outlined above, except in the cases detailed below. Proper justification
shall be provided, in writing, to the municipality by all persons
claiming an exemption such as photos or statements from a NJ licensed
tree expert as per N.J.S.A. 45:15C-11 or an arborist:
(1)
Residents who remove less than four trees per acre that fall
into category 1, 2, or 3 of the Tree Replacement Requirements Table
within a five-year period. This 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 of 2025, the first tree will come off the
count in July 2028, and the second in July 2030;
(2)
Tree farms in active operation, nurseries, fruit orchards, and
garden centers;
(3)
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;
(4)
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;
(5)
Any trees removed 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;
(6)
Approved game management practices, as recommended by the State
of New Jersey Department of Environmental Protection, Division of
Fish, Game and Wildlife; and/or
(7)
Hazard trees, which may be removed with no fee or replacement
requirement.
E. Enforcement. This section shall be enforced by the Zoning Officer
during the course of his/her ordinary enforcement duties.
F. Violations and penalties. Any person(s) who is found to be in violation
of the provisions of this section shall be subject to a fine of $5
per tree plus the cost of planting.
G. Severability. Each section, subsection, sentence, clause, and phrase
of this section is declared to be an independent section, subsection,
sentence, clause, and phrase, and finding or holding of any such portion
of this section to be unconstitutional, void, or ineffective for any
cause or reason shall not affect any other portion of this section.
H. When effective. This section shall be in full force and effect from
and after its adoption and any publication as may be required by law.