[HISTORY: Adopted by the Township Committee of the Township of Kingwood as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-1-2024 by Ord. No. 7-2024]
As used in this article, the following terms shall have the meanings indicated:
BUFFER
An area consisting of trees, shrubs, solid fencing, earth berm plantings or a combination of those ingredients installed so as to provide both a visual and/or an acoustical barrier between properties or between a property or use and a public road. Solid fencing may be substituted to meet only part of the requirement and must be supplemented with plantings.
CALIPER
The diameter of a balled and burlapped or bare root nursery stock tree trunk taken six inches above the ground for trees up to four inches in diameter and taken 12 inches above the ground for trees larger than four inches in diameter.
CERTIFIED TREE EXPERT
A person authorized by the Department of Environmental Protection (DEP), NJ Forest Service, pursuant to N.J.A.C. 7:3-2, to annually attest that a landowner is in compliance with a woodland management plan and/or program.
CONSERVATION EASEMENT
A portion of land dedicated for designated conservation purposes and designated as such on any recorded deed, plat plan and/or as otherwise identified and delineated in any site plan.
CRITICAL ROOT ZONE
The region measured outward from the trunk of a tree to and beyond the dripline to include the entire area within which the tree's feeder roots are located, as determined by probing of the soil around the tree to a depth of 18 inches by a qualified tree care professional.
DBH
The diameter at breast height and shall mean the diameter of the stem of a tree measured four feet above the surface of the ground. For species of trees where the main stem divides below the four-foot height, the DBH shall be measured at the highest point before any division.
DEFORESTATION
The removal of a forest or stand of trees where the land is thereafter converted to a non-forest use.
EXISTING INDIVIDUAL LOT
All existing lots identified and recorded in the Township's Tax Map as of the date of adoption of this article.
FOREST
A biological community as determined by the method set forth at N.J.A.C. 7:38-3.9.
HISTORIC TREE
A tree that is of unique historical value, as determined by the Planning Board in consultation with the Kingwood Historical Society and others, and therefore constitutes an important community resource.
LANDMARK TREE
A tree that is of unique ecological or aesthetic value, as determined by the Planning Board, and therefore constitutes an important community resource.
LANDSCAPE EASEMENT
A portion of land dedicated for landscaping, the installation or planting of landscape materials, including but not limited to trees, shrubs, ground covers, turf and/or other planting materials, and a portion of land protecting existing vegetation, from which only alien invasive species may be removed. A landscape easement may be required as a landscape barrier or buffer between properties of different uses or between residential neighborhoods and arterial streets and/or areas of a nonresidential nature. Additionally, a landscape easement may be identified and delineated in a deed, plat plan and/or site plan.
MUNICIPAL AGENCY/AGENT
The Planning Board or Board of Adjustment or a Governing Body of the municipality having jurisdiction to review and approve an application for development pursuant to N.J.S.A. 40:55D-1 et seq.
PERSON
Natural persons, corporations and all other entities.
REPLACEMENT TREE(S)
Any deciduous or evergreen woody plant of the caliper or DBH required in this article as required per § 121-2C(3)(a), Table 2, planted for the purpose of replacing trees that have been removed.
RIPARIAN AREA(S)
The interface between land and a river or stream as defined in § 99-3.
SPECIMEN TREE
A tree with a DBH greater than 36 inches, a coniferous tree greater than 100 feet in height, or a tree of any size listed as a rare, threatened or endangered species by the New Jersey Department of Environmental Protection.
STEEP SLOPE
Any slope equal to or greater than 20% as measured over any minimum run of 10 feet. Steep slopes are determined based on contour intervals of two feet or less.
STREET TREE
Means a tree planted in the sidewalk, planting strip, and/or in the public right-of-way adjacent to the portion of the street reserved for vehicular traffic.
TREE
Means 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 REMOVAL
Any action that results in the death or significant degradation of the health or vigor of a living tree, including, but not limited to, destruction, cutting, chopping, displacement, and any act of tree pruning or thinning, equipment operation, soil compaction or materials storage, or paving in the area of the critical root zone that results in tree destruction.
TREE REMOVAL APPLICATION
The application form, as approved by the Township Committee, to be submitted by an applicant in connection with any proposed tree removal activity as described in this article.
TREE REMOVAL APPLICATION FEE
The fee, as approved by the Township Committee, to be collected with each tree removal application submitted to the Township of Kingwood.
TREE REMOVAL PERMIT
Written authorization issued by the Kingwood Township Zoning Officer authorizing the removal of a designated tree or trees identified in the applicant's tree removal permit application.
TREE REPLACEMENT PROCEDURES
The standards set forth as accepted nursery practices and/or recommended practices of the American Nursery and Landscape Association.
WOODLAND ADVISOR
An expert qualified in woodlands management and forestry retained by the municipal agency for purposes of offering advice and recommendations concerning the implementation of this article. The woodlands advisor should be a New Jersey-approved forester, New Jersey-certified landscape architect or New Jersey-certified tree expert.
WOODLAND MANAGEMENT PLAN
A written plan, prepared by an approved forester as defined by and in accordance with N.J.A.C. 7:3 Treasury Woodland Management and N.J.A.C. 18:15 that outlines proposed management of woodlands, forests and/or trees on a particular property.
ZONING OFFICIAL/OFFICER
The Zoning Officer of the Township of Kingwood, Hunterdon County.
The provisions of this section shall apply to tree removal on an existing lot and on existing individual lots where the lot is part of any pending development application, site plan, or subdivision.
A. 
Permit required. No person shall commence or allow the commencement of any the following activities unless they first obtain a tree removal permit in accordance with all of the provisions of this article:
(1) 
Removing or otherwise destroying a tree with a DBH of six inches or more.
(2) 
Removing or otherwise destroying a tree with a canopy extending over a public right-of-way.
(3) 
Removal of any historic tree, landmark tree or specimen tree.
(4) 
Removal of any tree within public property (e.g., street rights-of-way), preserved lands, conservation areas, conservation easements and other lands encumbered by a conservation-purpose deed restriction or easement, whether or not the property is owned in fee by a public, private or governmental agency.
(5) 
Removal of trees in riparian areas, floodplains, conservation easements, or steep slopes.
(6) 
Removal of any tree within a buffer strip or landscape easement.
(7) 
Removing or otherwise destroying any tree that was planted or preserved as part of any landscape plan or in accordance with any street tree requirements approved in conjunction with a subdivision or site plan in accordance with § 115-11, Improvement design standards, shall be removed.
B. 
Exemptions. The following shall be exempt from the requirements of this section and do not require a permit:
(1) 
Removal of trees that are diseased, dead or storm-damaged.
(2) 
Trees that have been determined by a licensed tree expert, woodland advisor, or a certified tree expert or arborist to constitute a threat to the health, safety or welfare of the general public, or to any existing structure.
(3) 
Removal of trees to eliminate invasive species, including, but not limited to, thorn apple, autumn olive, honey locust, Bradford pear and Norway Maple. NOTE: Please refer to the New Jersey Invasive Species Strike Team website for a comprehensive listing.
(4) 
Trees grown for sale on tree farms in active operation, nurseries, fruit orchards, and garden centers.
(5) 
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.
(6) 
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.
(7) 
Any trees removed pursuant to a New Jersey Department of Environmental Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved environmental cleanup.
(8) 
Any tree located on an individual tract or parcel of land, to be cut for personal use as firewood by the owner of such property, excluding historic, landmark, or specimen trees or trees located in a buffer, riparian area, floodplain, conservation easement, or steep slope. Not more than three trees per acre shall be cut in any one year and in no case shall more than 30% of the total number of trees located on such property be removed.
(9) 
Trees that are deemed to be removed by the Township Engineer or Department of Public Works that are on or are impeding a public right-of-way.
(10) 
The clearance of power line rights-of-way by companies regulated by the New Jersey Board of Public Utilities.
(11) 
Pruning or maintenance of trees in a manner which is not harmful to the health of the tree.
(12) 
Trees removed in the course of an emergency declared by the federal, state, or Township government.
(13) 
Trees removed during the replacement or repair of a residential individual subsurface sewage disposal system and/or the replacement or repair of a domestic water supply.
C. 
Application process for tree removal and replacement. The application required for tree removal shall be accompanied by a narrative and/or sketch or printed plan showing a tree replacement plan, to include and comply with the following:
(1) 
Application for tree removal permit. Any person desiring to cut down or remove any tree(s) governed by the regulations set forth in Subsection A shall first apply to the Zoning Officer for a tree removal permit. On a tree removal application to be supplied by the Zoning Official, the applicant shall identify the applicant's name and address, the address and block and lot for the land upon which the tree or trees are located, and the number, size, and species of the trees proposed to be removed. The applicant shall provide a map/sketch or other documentation indicating location, species, and diameter of trees to be removed, a tree replacement proposal and the necessary application fee. The applicant shall physically mark trees proposed to be removed.
(2) 
Tree removal application fee. Any person planning to remove a street tree with a DBH of 2.5" or more or any non-street tree with a DBH of 6" or more on their property shall submit a tree removal application to the Zoning Officer with a copy to the Township Municipal Clerk. No tree shall be removed until municipal officials have reviewed and approved the removal. Applicants will be subject to an application fee as per Table 1 below. The fee shall be submitted to the Zoning Officer in the form of a check made payable to the Township of Kingwood and shall not be refundable.
Table 1
Application Fees
Number of Trees
Fee per Tree
1 to 10
$10
11 to 20
$15
21 to 35
$20
36 to 50
$35
51 to 75
$50
76 to 100
$75
More than 100
$100
(3) 
Tree replacement plan.
(a) 
The tree replacement plan shall provide for replacing the removed and destroyed tree(s) in the same or contiguous location(s) on the premises, and in accordance with the following specific requirements. The tree replacement plan shall require that the applicant replace each removed or destroyed tree with one or more trees, depending on the DBH of the removed or destroyed tree, and in accordance with Table 2 immediately below, the "Tree Replacement Schedule."
Table 2 - Tree Replacement Schedule
Live Regulated Tree(s) Removed/Destroyed
Required Number of Replacement Tree(s) (1.25" DBH) per Tree(s) Removed/Destroyed
Replacement Fee per Removed Tree in Lieu of Planting
DBH of 6" to less than 17"
2
$400
DBH of 17" to less than 31"
4
$800
DBH of 31" to less than 38"
6
$1,200
DBH of 38" or greater
8
$1,600
(b) 
The planting of all replacement trees must be protected from wildlife.
(c) 
Replacement trees shall not be required where trees are removed under any of the exemptions noted in this article, unless required as a condition of site plan or subdivision approval.
(d) 
The species type and diversity of replacement trees shall be in accordance with the list established by the Kingwood Township Environmental Commission found on the Kingwood Township municipal webpage. Trees listed on the Do Not Plant list do not qualify as replacement trees.
(e) 
Replacement tree(s) shall be planted within 12 months of the date of removal of the original tree(s).
(f) 
Replacement tree(s) 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. Trees planted in temporary containers or pots do not count towards tree replacement requirements.
D. 
Tree removal and replacement application review.
(1) 
The Zoning Official shall grant approval only upon a determination that the tree removal application is in accordance with this article. In the event that the Zoning Officer fails to take action or denies the application within 21 days after such application is filed, the applicant shall have an immediate right of appeal to the municipal agency/agent set forth in Subsection C herein. Any permit granted shall expire after the passage of 12 months from the date of its issuance. All work, including all tree replacement, shall be completed during this 12-month time period and in the manner described in the application. Any permit shall be deemed withdrawn if the terms of the permit or this article are not complied with. The applicant may request in writing one six-month extension.
(2) 
In rendering judgment on tree removal applications submitted for consideration, it is the intent of the Township, and of this article, to retain healthy trees in the Township and to preserve, whenever possible, all of the trees designated for protection and preservation. The following factors should be taken into consideration in rendering judgment:
(a) 
Whether the tree or trees have been determined by a licensed tree expert, woodland advisor, or a certified tree expert or arborist to constitute a threat to the health, safety or welfare of the general public, or to any existing structure.
(b) 
Whether the tree or trees are located upon a proposed building site, driveway, recreation area, roadway drainage right-of-way, septic system, or whether the trees are within 100 feet of any of the foregoing.
(c) 
Whether the tree or trees appear upon inspection to be diseased or so situated as to be substantially lacking vigor.
(d) 
Whether the tree or trees are so located that necessary grade changes will render protection unreasonably difficult or expensive.
(e) 
Whether the trees constitute significant screening between existing or proposed buildings on contiguous lots.
(f) 
Whether removal of the tree or trees will constitute a horticulturally advantageous thinning of an existing overgrown area, as determined by a certified tree expert.
(g) 
Whether removal of the tree or trees will significantly and adversely affect drainage conditions, soil fertility or soil stability, as determined by the Township Engineer.
(h) 
Whether other practical exigencies may exist which would unduly cause hardship or difficulty to the applicant if the tree or trees were retained as weighed against the value of such retention.
(i) 
Whether historic, landmark or specimen trees are located on-site and cannot be adequately protected or replaced.
(j) 
Whether the tree can be removed without harming other trees.
(k) 
Proof that no other local, county, state and or individual approval is required shall be submitted prior to the issuance of a permit for removal of any tree within a buffer strip or landscape easement. A copy of the landscape easement shall be provided in conjunction with the application.
(3) 
Tree 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:
(b) 
Plant replacement trees in a separate area(s) approved by the municipality.
(c) 
Pay fees in accordance with Table 1 per tree removed. This fee shall be placed into the Tree Escrow Fund dedicated to tree planting.
(4) 
The Zoning Official shall be authorized to withdraw or rescind any permit issued for tree removal activities in the event of any act of noncompliance with the provisions of this article or regulations adopted hereunder.
(a) 
Appeal procedure: The applicant shall have the right to appeal the Zoning Officer's decision to the municipal agency/agent within 20 days of receipt of the Zoning Officer's decision in accordance with the requirements of the Municipal Land Use Law, specifically N.J.S.A. 40:55D-70(a). The municipal agency/agent shall render a decision regarding the appeal within the time period and in accordance with the procedures outlined in the Municipal Land Use Law relative to applications filed pursuant to N.J.S.A. 40:55D-70(a). The municipal agency/agent may in its discretion and upon complete review of the application, and after hearing the testimony of the Zoning Officer and the applicant, reverse, modify, or affirm the aforesaid decision.
E. 
Tree removal on new construction lots. The provisions of this section shall apply to tree removal as part of new residential construction.
(1) 
Permit required.
(a) 
Tree removal that exceeds one acre of property.
(2) 
Exemptions.
(a) 
Tree removal for a residential dwelling; up to one acre of property for the purposes of home, septic and driveway construction.
This article shall be enforced by the New Jersey State Police, Code Official, Director of Public Works, Zoning Officer, or such other municipal officials designated by the Township Committee by further action of the governing body during the course of ordinary enforcement duties.
A. 
The Zoning Officer may institute complaints in the Municipal Court for any violations of this article. However, it shall be the policy of the Township of Kingwood first to seek voluntary compliance with the provisions of this article by giving notice and an opportunity to comply in appropriate circumstances. In the event of a violation or, if notice has been given, continued noncompliance resulting in a violation, the Zoning Official may institute a complaint in the municipal court for any violation of this article.
B. 
Upon issuance of a violation, the Zoning Official shall immediately notify the Township Committee and Planning Board.
C. 
Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine of up to $500 per tree in addition to the tree replacement fee as specified in Table 2. The removal of a historic tree, landmark tree or specimen tree is not subject to a fine limit.
D. 
Upon conviction of a violation of this article, and in lieu of fines, the Court can order replacement trees as required under this article as restitution for the harm caused.
E. 
In addition, the court shall impose court costs as incurred in processing and/or administering any violation issued under this article.
F. 
Upon notification by the municipality or its agent of the existence of a violation, any removal activity shall cease, and any violation shall be immediately resolved with the municipality through the Zoning Officer. If the removal activity is not stopped or the violation cannot be resolved immediately, the municipality, through its Zoning Officer, may issue a stop-work order until the violation is resolved.
A. 
There is hereby established a reserve in the Township's general capital fund which shall be known and designated as the Tree Escrow Fund. A separate bank account shall be opened and maintained for this purpose.
B. 
The primary purpose of the Tree Escrow Fund is to provide for the planting and maintenance of trees and shrubs on public property.
C. 
The funds will also pay administrative costs to implement the provision of this section, including but not limited to fees for processing of permits, site inspections, consultants, and supervisors of tree replacements. Administrative costs imposed in accordance with this section shall not exceed 30% of the fund, as determined on an annual basis.
D. 
Appropriations from the Tree Escrow Fund shall be authorized by the Township Committee in accordance with a municipal tree planting plan with consideration of the recommendations by the Environmental Commission.
E. 
The Tree Escrow Fund shall be maintained by the Chief Financial Officer.
F. 
If a tree removal permit is granted for tree removal necessary for adding a patio, sundeck, outdoor private swimming pool, tennis court, sports court, or other permitted accessory use on an already developed single-family residential lot, the cash contribution to the Tree Escrow Fund in lieu of planting on the property in respect of such removal shall not exceed $2,000.
Each section, subsection, sentence, clause, and phrase of this article is declared to be an independent section, subsection, sentence, clause, and phrase, and finding or holding of any such portion of this article to be unconstitutional, void, or ineffective for any cause or reason shall not affect any other portion of this article.
This article shall be in full force and effect from and after its adoption and any publication as may be required by law.