A Tree Escrow Fund shall be established by the Township to receive and disburse replacement tree contributions under the supervision of the Township Treasurer. Appropriations from the Tree Escrow Fund shall be authorized by the Township Committee, with the advice of the Township Forester, in a manner consistent with general Township tree planning goals. This fund shall be separate and apart from the Shade Tree Fund. Proceeds from this fund will be used for any expenditures relating to the management of Manalapan's community forest.
A. 
Any tree removed pursuant to this chapter, unless exempt by § 222-25 herein, shall be replaced based on the following:
Trees to be Removed
(DBH in inches)
Replacement Number of Trees
Replacement Caliper
(DBH in inches)
Alternative Dollar Amount Set-Off
Greater than 4 and up to 12 (to replace a single tree)
1
2 to 2 1/2
$350
Greater than 12 and up to 18 (each)
2
2 to 2 1/2
$700
Greater than 18 and up to 24 (each)
3
2 to 2 1/2
$1,050
Greater than 24 and up to 36 (each)
4
2 to 2 1/2
$1,450
Greater than 36 (each)
5
2 to 2 1/2
$1,750
B. 
The applicant will receive a one-for-one replacement tree credit should stands of 10 or more trees with greater than four-inch diameter breast height (DBH) be preserved within the limit of disturbance line.
C. 
All replacement trees shall be planted on site in accordance with the foregoing. If the site in question cannot, as determined by the Township Forester, physically accommodate the total replacement quantity of trees, the applicant may contribute an amount equal to the calculated monetary value of the unreplaced trees to the Tree Escrow Fund.
A. 
Any property qualified under farmland assessment for wood lot, and in compliance with a forest management plan approved by the NJDEP and filed with the Township, may remove trees without being subject to the replacement requirements contained herein. Tree removal permit application fees, as established by § 222-17, shall also be waived under these circumstances. However, written notice of tree removal activity shall be provided to the Township Forester at least five days in advance of the work.
B. 
Other exemptions.
(1) 
If the application is for a development for which a subdivision application is required under the New Jersey Municipal Land Use Law[1] or for which a building permit to construct a new single- or two-family dwelling on an individual lot is required, up to 50% of the trees on an individual lot may be removed for the purpose of clearing for the proposed building, driveway(s) and usable yard space on the building lot(s) only without replacement trees being required, provided that said clearing may not exceed 20,000 square feet of contiguous space, measured in reasonable configuration to the proposed structures and driveway(s). All removed trees beyond this contiguous space are subject to replacement in accordance with this chapter.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2) 
Any tree removed from an area of property to be dedicated as public improvement, e.g., drainage facilities and public roadways, shall be exempt from the replacement provisions of this chapter, except that where private roadways, parking areas or open spaces are proposed, all trees are subject to replacement in accordance with this chapter.
C. 
Other criteria. The Township Forester shall approve the removal of a tree, except a specimen tree, without requiring replacement trees or payment into the Tree Escrow Fund, if the tree is deemed invasive, dead, diseased, injured (except if by actions of the developer or those working for or in concert with the developer), in danger of falling, interferes with existing utility services, creates an unsafe condition, or its continued presence conflicts with any other ordinances of this Township or state or county regulations or statutes.
The requirements of this article shall be enforced by the Township Forester, except as otherwise provided in this article. The failure to replace trees in accordance with this article or otherwise provide replacement value as set forth herein shall be deemed a failure to provide a public improvement for purposes of bond guarantees.