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.
[HISTORY: Adopted by the Township Council of the Township of Mount Laurel 3-19-1979 as Ord. No. 1979-8; amended in its entirety 5-6-2024 by Ord. No. 2024-9. Subsequent amendments noted where applicable.]
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 = six inches x 1.5 feet/inch = nine 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 tree.
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 4 1/2-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.
For the purpose of this chapter, the Township Manager or the Manager's designee.
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 Mount Laurel Township, 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 Mount Laurel 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 Mount Laurel, not exempt from these regulations as described in § 144-4, 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)
Mount Laurel 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, non-emergency 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 § 144-3B, 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 a 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 § 144-4, shall be subject to the tree replacement requirements in Table 1, below.
Table 1: Tree Replacement Requirements | ||
|---|---|---|
Category | Size of Tree to be Removed, in Inches DBH | Replacement Trees to be Planted in Inches Caliper |
1 | 6 to 12.99 DBH and street tree 2.5 to 12.99 DBH | Plant one tree with 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 of 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 5 feet high 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 Mount Laurel Township, 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 and 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, in 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 easement or deed restriction, but shall also be subject to this chapter and potential penalties upon conviction thereof, shall be punished by a fine in the discretion of the court 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 in 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 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. 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 § 144-4A and may be removed without incurring any replacement tree planting or tree removal permit application fee requirement, pursuant to § 144-3B 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.
Shade trees shall be limited to deciduous trees, and only shade trees shall be installed along streets. However, up to 10% of the trees may be evergreen for the purpose of variety and accent. Center islands may have a combination of evergreens and deciduous species. However, the first tree from the intersection shall not be an evergreen.
A.
Buffers and landscape screens shall consist of 100% evergreen species. Such buffers and screens shall consist of at least two parallel rows or groups of trees with tree settings staggered so as to produce a visual screen at tree maturity. The selected trees shall be thickly branched and dense, especially close to the ground and shall have a fast growth rate in the early years. When available and where appropriate, the following species shall be used: Thuja occidentalis nigra (dark American arborvitae), Tsuga canadensis (Canada hemlock), Pseudotsuga douglasi (Douglas fir) and all native pines such as scotch pine, white pine and spruce.
B.
Buffers shall be 100% evergreen planted six feet apart within a ten-foot width, and trees shall be six to eight feet high at time of initial planting. Such planting shall provide a thick, dense visual buffer from the ground to a height of eight feet.
A.
Prohibited evergreens in buffer areas. The following evergreens shall be prohibited in all buffer areas:
(1)
Abies pinsapo (Spanish fir).
(2)
Araucaria araucana and A. heterophylla (monkey puzzle and Norfolk Island pine).
(3)
Cedrus atlantica and C. libani (Atlas cedar and cedar of Lebanon).
(4)
Cryptomeria japonica lobbii (Lobb's Japanese cedar).
(5)
Cunninghamia lanceolata (Chinese fir).
(6)
Ginkgo biloba (maidenhair tree), except from nursery stock.
(7)
Larix decidua (European larch).
(8)
Larix kaempferi and L. leptolepis (Japanese larch).
(9)
Pinus wallichiana (Himalayan pine), P. parviflora (Japanese white pine), P. peuce (Macedonian pine), P. ponderosa (ponderosa pine) and P. thunbergii (Japanese black pine).
(10)
Taxodium distichum (common bald cypress), except for wet areas.
(11)
Torreya nucifera (Japanese torreya).
B.
Prohibited trees along streets. The following trees shall be prohibited along the streets:
(1)
Silver maple.
(2)
Kalopanax pictus (caster aralia).
(3)
Liquidambar styraciflua (sweet gum).
(4)
Juglans, all species (walnut).
(5)
Maclura pomifera (Osage orange).
(6)
Malus, all species (crab apple).
(7)
Salix, all species (weeping willow).
(8)
All trees with thorns, such as Aralia elata (Japanese angelica), the Crataegus species (hawthorn) and Gleditsia triacanthos (common honey locust).
All preliminary and site plan review plans submitted to the Planning Board or Zoning Board of Adjustment for approval, except minor subdivisions, shall contain a landscape plan. The landscape plan shall be prepared by a landscape architect, whose name and address shall appear on the plan. Wherever possible, the landscape architect shall promote creativity in design locations and selection of species. For example, instead of planting trees in straight rows, the landscape architect might group trees into clusters with different combinations of species in each cluster.
A.
All plans shall contain the following information:
(1)
Symbols or numbers identifying the proposed species.
(2)
The scientific name of all trees, shrubs and ground cover proposed for the site.
(3)
The common name of all trees, shrubs and ground cover proposed for the site.
(4)
The quantity of each species.
(5)
The size and spacing of each species at initial planting, either by caliper or width or height.
(6)
An indication as to how the plants will be grown and moved. For example, plants may be field-grown or nursery-grown and moved by ball and burlap, bare roots or containerized.
(7)
A statement of the soil types and locations on the site.
(8)
A statement, where applicable, directing appropriate action and the ingredients to be added to reach the desired pH levels.
(9)
The type of ground cover and mulches proposed.
(10)
Fence types and height.
(11)
The height, width, slope and planting cover of all berms.
(12)
The type of construction materials used in landscaping, such as railroad ties.
(13)
The grass and seed mixture and rate of application.
(14)
A shrub planting detail and a tree planting detail.
(15)
The location of all plants and materials.
B.
Shrub and tree planting details. Shrub and tree planting details shall show the following, where applicable:
A.
Staking requirements shall be as follows:
(1)
All stakes are to be driven outside the root ball.
(2)
Stakes shall be hardwood and a minimum of two stakes shall be used per tree.
(3)
Stakes, when driven, must be 1/2 to 2/3 the height of the tree measured from ground level.
(4)
Stakes shall be two inches diameter minimum at the thick end.
(5)
Stakes shall be attached to the tree with No. 12 gauge galvanized wire covered with rubber or plastic hose where wire is likely to come in contact with the tree trunk. An alternative may be any of the commercially available materials designed for staking trees with the approval of the Planning Board. The loop in contact with the tree shall be loose enough to permit growth and prevent grinding for two years but shall be tightly bound to the stake to prevent slipping.
(6)
Stakes shall remain in place at least two years and be removed by the developer at that time.
B.
Wrapping requirements shall be as follows:
(1)
Each deciduous tree shall be wrapped with an expandable paper or cloth treated to last at least one year.
(2)
The wrap shall extend from the ground level up the trunk to the first branches.
(3)
The wrap, to prevent scald, shall be attached or fastened at each end with a material that will permit growth without grinding.
C.
Saucer requirements shall be as follows:
(1)
A ring of packed soil shall be placed around the finished planting hole of each tree.
(2)
The saucer shall be a minimum of six inches higher than the finished grade.
(3)
Saucers placed on slopes shall be level at the top end and perpendicular to the tree trunk.
(4)
Saucers are to be designed to catch and hold the maximum amount of water from either natural precipitation or irrigation.
D.
Mulching requirements shall be as follows:
(1)
A two-inch minimum layer of mulch shall be applied around each individual or group of trees and shrubs.
(2)
A mulch shall be considered any material, organic or inorganic, of a granular nature that is not readily subject to movement by wind or water.
(3)
Wood chips partially rotted or nitrogen enriched may be used. New wood chips are not acceptable because of the bacteria drawing available nitrogen from the soil, thus preventing its use by the plants it is intended to protect.
E.
Tree and shrub pits. All pits for planting shall be six inches deeper and at least 12 inches wider than the ball of the plant.
F.
Planting. Plants shall be set straight and firmly tamped and then adequately watered, guyed, pruned and wrapped.
G.
Backfill mixture. The types of backfill mixture shall consist of 2/3 topsoil and 1/3 peat or other material as required by specific plants.
H.
Caliper. The minimum caliper for trees shall be one to 1 1/2 inches at a height of 36 inches.
A.
Only nursery-grown plant material will be acceptable unless a tree spade (commercial tree moving equipment) is used.
B.
No planting shall be done at street intersections that will interfere with traffic safety and proper site distances.
C.
Plant species should not be of the exotic variety requiring substantial maintenance or be materially affected by pollution, salt damage along highways or current insect manifestations.
D.
All areas having a slope of 33% or greater must be planted with ground cover to stabilize the slope.
E.
Utility boxes must be screened where they appear at ground level.
F.
The grade of land located within six feet of an existing tree that will remain on the site after construction shall not be raised or lowered more than six inches unless compensated by welling or retaining wall methods.
G.
For existing trees that will remain on the site after construction, no vehicular equipment is to be driven within six feet of such trees and no building materials may be stacked or stored within six feet of such trees.
H.
During construction no trees are to support any scaffolding, signs, temporary utility or other devices.
I.
Replacement of all new trees and shrubs which fail to survive shall be made at the next planting season.
J.
Consideration shall be given to the height and width of plants at maturity to prevent crowding and shading as the plants grow.
K.
Compensating planting of the same species will be required in areas where trees have been destroyed due to development.
L.
The existing natural trees remaining in the area under construction shall be pruned to remove dead and diseased limbs and trees and offensive vines and undergrowth.
The Township shall designate staff to enforce Chapter 144. The designated staff person(s) may confer with the Township Manager regarding enforcement of this Chapter 144. Applicants are hereby granted the right to appeal the aforesaid determination by the enforcement staff person to the Township Manager, 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 Township Manager 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 Township Manager 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 Manager, or the Manager's designee, 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 of not more than $2,000 and costs of prosecution or imprisonment in the Burlington County Jail for a period of not more than 90 days, or both such fine and imprisonment, 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, then 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 Manager 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 Township Manager or any subordinates acting under the Manager'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 Manager, who shall also certify the cost to the Township Council.
C.
Costs charged against land; lien established. Upon determining the certified costs, the Township Manager 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.