Township of Washington, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Washington as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Site plan review — See Ch. 199.
Subdivision of land — See Ch. 220.
Zoning — See Ch. 285.
[Adopted 10-26-1995 by Ord. No. 26-1995 as Sec. 16-2 of the 1994 Code]
This article shall be known and may be cited as the "Washington Township Tree Planting and Landscape Ordinance."
A. 
The purpose of this article is:
(1) 
To provide proper guidelines and specifications for preserving the natural character of the land and vegetation.
(2) 
To provide regulations for planting trees, shrubs and landscaping in buffer areas, along streets and throughout each development as required by Township ordinances.
(3) 
To prevent soil erosion.
(4) 
To enhance the aesthetic nature of each project.
(5) 
To reduce air and sound pollution.
(6) 
To provide visual barriers.
(7) 
To regulate wind control.
(8) 
To reduce glare and reflection.
B. 
In addition, it is the purpose of this article to provide for flexible requirements that recognize changes that have occurred in the field, such as improvements to species. Therefore, an applicant may submit proofs indicating how technological advances in certain species possibly make such trees suitable for use in the Township. Conversely, trees which are now acceptable may be unacceptable at some future time due to the introduction of diseases into the area.
As used in this article, the following terms shall have the meanings indicated:
BERM
A mound of soil on a site used as a view obstruction or to vary the grade pattern, either natural or manmade.
BUFFER
An area within a property or site generally adjacent to and parallel with the property line, consisting of either natural existing vegetation or created by the use of trees, shrubs, fences and/or berms designed to continuously limit view of the site from adjacent sites or properties.
CALIPER
The diameter of a tree trunk measured in inches 36 inches above the ground level.
DECIDUOUS TREES
Plants that drop their leaves before becoming dormant in winter; not evergreens.
EVERGREEN TREES
A plant that does not lose its leaves during the winter.
GROUNDCOVER
Low growing plants or sod that in time forms a dense mat covering the area in which it is planted preventing the growth of unwanted plants while holding the soil in place.
MULCH
Any covering placed on soil to conserve moisture, eliminate weed growth and protect plants from extremes of heat and cold.
SCREEN
A structure or plantings providing a continuous view obstruction within the site or property consisting of fencing, berms and/or evergreen trees or shrubs.
SHRUBS
Any plants, deciduous or evergreen, generally multistemmed, classified in size by height and spread.
All preliminary and site plan review plans submitted to the Planning Board 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.
All plans shall contain the following information:
A. 
Symbols or numbers identifying the proposed species.
B. 
The scientific name of all trees, shrubs and groundcover proposed for the site.
C. 
The common name of all trees, shrubs and groundcover proposed for the site.
D. 
The quantity of each species.
E. 
The size and spacing of each species at initial planting, either by caliper or width or height.
F. 
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.
G. 
A statement of the soil types and locations on the site.
H. 
A statement of the existing pH levels of the soil.
I. 
A listing of the desired pH levels for each proposed species.
J. 
A statement, where applicable, directing appropriate action and the ingredients to be added to reach the desired pH levels.
K. 
The type of ground cover and mulches proposed.
L. 
Fence types and height.
M. 
The height, width, slope and planting cover of all berms.
N. 
The type of construction materials used in landscaping, such as railroad ties.
O. 
The grass seed mixture and rate of application.
P. 
A shrub planting detail and a tree planting detail.
Q. 
The location of all plants and materials.
Shrub and tree planting details shall show the following where applicable:
A. 
Existing and finished grades.
B. 
A drawing of a typical saucer berm.
C. 
Area and depth of mulch.
D. 
Directions for pruning.
E. 
Depth and width of pit.
F. 
The location and type of staking.
G. 
The type of topsoil mixture.
H. 
Wrapping details for deciduous trees.
The applicant shall select deciduous, evergreen and groundcover species which are typically found in this area. The species utilized shall be appropriate for the site, considering soil and wind conditions, slope, use of the site and purpose of the plantings.
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 either evergreens or deciduous species; however, the first tree from the intersection shall not be an evergreen.
A. 
Buffers and landscape screens 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: Pinus Nigra (Austrian pine); Cuppressocyparis leylandii (Leyland Cypress); 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 in two rows within a ten-foot width, and shall be six feet 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.
The following evergreens shall be prohibited in all buffer areas:
A. 
Abies Pinsapo (Spanish fir).
B. 
Araucaria Araucana and A. Heterophylla (monkey puzzle and Norfolk Island pine).
C. 
Cedrus Atlantica and C. Libani (Atlas cedar and cedar of Lebanon).
D. 
Cryptomeria Japonica Lobbii (Lobb's Japanese cedar).
E. 
Cunninghamia Lanceolata (Chinese fir).
F. 
Ginkgo Biloba (maidenhair tree), except from nursery stock.
G. 
Larix Decidua (European larch).
H. 
Larix Kaempferi and L. Leptolepis (Japanese larch).
I. 
Pinus Wallichiana (Himalayan pine), P. Parviflora (Japanese white pine), P. Peuce (Macedonian pine), P. Ponderosa (Ponderosa pine) and P. Thunbergii (Japanese black pine).
J. 
Taxodium Distichum (common bald cypress), except for wet areas.
K. 
Torreya Nucifera (Japanese Torreya).
The following trees shall be prohibited along the streets:
A. 
Juglans, all species (walnut).
B. 
Kalopanax Pictus (caster aralia).
C. 
Liquidambar Styraciflua (sweet gum).
D. 
Maclura Pomifera (osage orange).
E. 
Malus, all species (crab apple).
F. 
Salix, all species (weeping willow).
G. 
Silver maple.
H. 
All trees with thorns, such as Aralia Elata (Japanese angelica), the Crataegus species (hawthorn) and Gleditsia Triacanthos (common honey locust).
A. 
All stakes are to be driven outside the root ball.
B. 
Stakes shall be hardwood, and a minimum of two stakes shall be used per tree.
C. 
Stakes, when driven, must be 1/2 to 2/3 the height of the tree, measured from ground level.
D. 
Stakes shall be a minimum of two inches in diameter at the thick end.
E. 
Stakes shall be attached to the tree with twelve-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.
F. 
Stakes shall remain in place at least two years and shall be removed by the developer at that time.
A. 
Each deciduous tree shall be wrapped with an expandable paper or cloth treated to last at least one year.
B. 
The wrap shall extend from the ground level up the trunk to the first branches.
C. 
The wrap, to prevent scald, shall be attached or fastened at each end with a material that will permit growth without grinding.
A. 
A ring of packed soil shall be placed around the finished planting hole of each tree.
B. 
The saucer shall be a minimum of six inches higher than the finished grade.
C. 
Saucers placed on slopes shall be level at the top end and perpendicular to the tree trunk.
D. 
Saucers are to be designed to catch and hold the maximum amount of water either from natural precipitation or irrigation.
A. 
A two-inch minimum layer of mulch shall be applied around each individual tree or shrub or group of trees and shrubs.
B. 
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.
C. 
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.
All pits for planting shall be six inches deeper and at least 12 inches wider than the ball of the plant.
Plants shall be set straight and firmly tamped and then adequately watered, guyed, pruned and wrapped.
The types of backfill mixture shall consist of 2/3 topsoil and 1/3 peat, or other materials as required by specific plants.
The minimum caliper for trees shall be one inch 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. 
At street intersections, no planting shall be done that will interfere with traffic safety and proper site distances.
C. 
Plant species should not be of an exotic variety requiring substantial maintenance or be materially affected by pollution, salt damage along highways or current insect manifestations.
D. 
All areas with a slope of 33% or greater must be planted with groundcover 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 the dripline 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 will 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 requirements of this chapter shall be enforced by the Township Engineer or Building Inspector who shall inspect or require adequate inspection of work. If the Township Engineer or Building Inspector finds any conditions not as stated in any application, he/she may refuse to approve further work.
The landscape plan shall be submitted concurrent with applications for preliminary and site plan review approval, and therefore no additional fees shall be charged under this article. All expenses for legal, engineering or planning work required by the Planning Board for approval in connection herewith shall be authorized and paid and funded out of the escrow accounts set up as part of the fee and escrow structure under the applicable Township ordinances.
Violations of the provisions of this article shall be punishable as provided in Chapter 1, General Provisions, Article I.
[Adopted 10-27-2005 by Ord. No. 21-2005[1]]
[1]
Editor's Note: This ordinance also superseded former Art. II, Preservation and Maintenance, adopted 9-18-2002 by Ord. No. 14-2002.
A. 
Title. This article shall be known as the "Washington Township Tree Preservation and Maintenance Ordinance."
B. 
Purposes. The purposes of this article are to establish protective regulations that will control the indiscriminate and excessive cutting and destruction of trees within Washington Township, to control problems of flooding, soil erosion, air and noise pollution, to abate the greenhouse effect and adverse atmospheric conditions, and to make Washington Township a healthier and safer place to live.
C. 
Intent. The intent of this article is to encourage the protection of the maximum number of healthy trees throughout the Township, regardless of location. The intent is not punitive nor intended to cause hardship to any individual, private or public company who has taken responsible care and diligence to protect the trees within the Township or who wishes to remove a tree for just cause within the provisions of this article.
As used herein, the following terms shall be construed to mean:
ARBORIST
A specialist in the care and maintenance of trees.
COMMUNITY BUILDINGS
Schools, hospitals, churches, clubs, lodges or any such building used by an organization, group or by the public generally.
CONSTRUCTION ZONE
That portion of the lot covered by the proposed or existing building or improvement or within a distance of 25 feet in front and back of such building and 10 feet on the sides of such building, or five feet of such improvement of the proposed cartway, the sidewalk portion of a street, right-of-way, a utility easement, parking area or drainage basin. Regrading of topography shall not be considered the construction zone. Any additional impervious coverage, beyond that allowed by ordinance, shall not be considered the construction zone.
CROWN
The branches and foliage of a tree; the upper portion of a tree.
LANDSCAPE ARCHITECT
A person registered as a landscape architect by the State of New Jersey.
LANDSCAPER
An individual who derives his/her primary source of income in a position involving the care and planting of trees and is fully insured.
PERMITS
Any permit, in writing, as issued by a Township official.
QUALIFIED PROFESSIONAL FORESTER
A person who has a bachelor of science degree from a four-year school of forestry accredited by the Society of American Foresters.
TREE
Any woody perennial having a diameter equal to or greater than four inches, measured at a point 4 1/2 feet above the ground (diameter breast height, DBH).
TREE DIAMETER
The width of a tree measured 4 1/2 feet above ground (DBH).
TREE DRIPLINE
The marking where the outer edge of a tree's branches overhang the ground.
TREE PROTECTION ZONE
That portion of the lot not considered within the construction zone. Regrading of topography outside of the construction zone, as defined above, shall be considered to be within the tree protection zone.
TREE REMOVAL
The cutting down of a tree, either chemically or mechanically, the transplanting of a tree to a site other than that under development or the infliction of damage to a tree which is of such severity as to show evidence within a period of two years of irreparable harm leading to the ultimate death of the tree. Examples of such serious damage include, but are not limited to: damage inflicted to the root system by machinery, storage of materials and soil compaction; changing the natural grade above, below or around the root system; excessive pruning; excessive thinning; intentional herbicide application; paving with concrete, asphalt or other impervious material within such proximity as to be harmful to the tree.
TREE ROOT AREA
The area under a tree extending from the trunk to the drip line.
WASHINGTON TOWNSHIP TREE TRUST FUND
A monetary fund established for the purpose of receiving cash contributions in lieu of tree replacement. This fund shall be separately maintained by the Township for the purpose of reestablishing and maintaining tree cover throughout the Township, or for other purposes as determined by the Washington Township Mayor and Council not inconsistent with the purposes of this article.
A. 
No person, directly or indirectly, without first obtaining a tree planting and removal permit as herein provided, shall remove or relocate to another site any tree within a tree protection zone; or any tree having a diameter of 10 inches or greater, equivalent to 31.4 inches circumference, regardless of location.
B. 
The provisions of this section shall be applicable to the following:
(1) 
Minor subdivisions, when the total area of the property is five acres or greater.
(2) 
Minor site plans, when the total area of the property is two acres or greater.
(3) 
All major subdivisions and major site plans, regardless of total area of the property.
(4) 
All other properties of two acres if zoned other than a rural or residential zone and five acres if zoned in a rural or residential zone, or greater, for which no project is planned and the owner simply plans to remove trees; in this case an application for minor site plan approval must be submitted to the Planning Board.
C. 
A tree planting and removal plan must accompany any application for preliminary approval.
D. 
No zoning permit shall be issued for the construction of residential [above the limits set forth under Subsection B(1), (2) and (4) above], commercial, industrial, recreational or community buildings or accessory buildings unless and until the developer, builder or owner files a tree planting and removal plan, and obtains approval thereof, or submits a plan previously approved, and provides any required cash contribution.
E. 
No certificate of occupancy shall be issued unless tree removal and planting has been in accordance with the approved plan, and all trees required to be planted have been planted in accordance with the approved plan, or a bond guaranteeing planting has been posted or the approved contribution in lieu thereof is paid in full.
F. 
The following trees may be removed without filing a plan:
(1) 
Trees directed to be removed by municipal, county or state authority pursuant to law.
(2) 
Any dead or diseased tree or any tree that is an imminent threat to life or property.
(3) 
Any tree which is part of a nursery, garden center, Christmas tree plantation, orchard or cemetery.
(4) 
Trees may be removed from an active agricultural use property to clear land for crop production. The property owner must prove qualified farmland and/or farmland assessed status, and the property must currently be in active use for agricultural crop production. Trees may also be removed from a NJDEP approved forest management property in accordance with the approved forest management plan.
G. 
The standards contained herein shall be minimum standards to be met and maintained. Standards established by other state and federal rules and regulations shall apply where those standards are more restrictive than the standards set forth herein. Standards established by other Township tree removal and replacement ordinances shall not apply.
A. 
Map required. Every tree planting and removal plan submitted for approval shall be in the form of a map depicting property boundaries and exhibits showing:
(1) 
Tax Map lot and block numbers.
(2) 
Area of tract.
(3) 
Location and tree diameter of trees to be either removed or planted in relation to the principal and accessory buildings, roads and driveways, parking lots, garden areas, etc.
(4) 
The limits of disturbance associated with the project.
(5) 
A list of trees to be planted which shall be of an acceptable species as described in Article I, Planting and landscaping.
(6) 
Tree removal and replacement calculations as determined by this article.
B. 
Specifications. Every tree planting and removal plan must provide specifications for removal of existing trees and protection of existing trees during construction. It shall also identify grade changes or other work adjacent to the tree which would adversely affect it, with specifications on how the grade, drainage and aeration will be maintained around the tree.
C. 
Review by Environmental Commission. The applicant shall immediately refer the application to the Township Planning or Zoning Board which shall then provide copies to the Township Environmental Commission for its review and recommendations. Failure on the part of the Environmental Commission to provide a recommendation within 30 days, provided that the Commission receives two copies of the application at least 10 days in advance of a regularly scheduled meeting, shall be deemed a recommendation for approval. In the event that the Commission recommends denial of an application, they shall specify, in writing, the reason(s) for their actions. The Board shall review and consider the recommendations of the Environmental Commission, and those recommendations shall be made part of the record before the Board although such recommendations may be accepted or rejected by the Board, in part or in whole, following the Board's consideration.
D. 
Considerations for granting. The following standards and conditions shall be considered and reviewed in advance of granting a tree planting and removal permit:
(1) 
Necessity to remove trees which pose a safety hazard to pedestrian or vehicular traffic, or threaten to cause disruption of public services.
(2) 
Necessity to remove trees which pose a safety hazard to buildings.
(3) 
Necessity to remove diseased trees, trees infested with destructive insects liable to infect the healthy trees on adjacent property or trees weakened by age, storm, fire or other injury.
(4) 
Necessity for compliance with other codes, such as zoning and subdivision regulations, health and other environmental ordinances.
(5) 
Necessity to preserve a minimum fifty-foot tree buffer zone at the edge of a stream, wetlands, watersheds or other similar bodies or water.
(6) 
Necessity to preserve a buffer zone of trees and shrubs around multiple dwelling areas, cluster developments and commercial or industrial establishments to screen for noise, sight, esthetic value and/or size or height of buildings.
(7) 
Necessity to prohibit tree removal from any slope if it will contribute, in the opinion of the Planning Board, Zoning Board of Adjustment, Environmental Commission, Building Inspector or board professionals, to extra runoff of surface water onto adjoining properties and erosion and silting, unless other means approved by the Board are provided to prevent runoff and erosion.
(8) 
Other conditions, which in the judgment of the Environmental Commission or board in consideration of the Environmental Commission's advisory recommendation, warrant consideration.
Developers shall exercise care to protect trees which are to be retained from damage during construction. The following procedures shall be observed in order to protect remaining trees.
A. 
Protection from mechanical injury.
(1) 
All trees to be retained within 25 feet of a building site and lining ingress or egress roads, parking areas and utility easements shall be protected from equipment damage by wrapping the trunk with section of snow fence or boards wired together. All exposed roots, trunks and low hanging branches shall be equally protected. Groups of trees may be protected by fencing the entire area where they are located.
(2) 
Heavy equipment operators shall be careful not to damage existing tree trunks and roots. Feeder roots shall not be cut closer than 25 feet from tree trunks.
(3) 
Tree trunks and exposed roots damaged during construction shall be protected from further damage by being treated immediately by a tree surgeon.
(4) 
Tree limbs damaged during construction shall be removed and/or treated immediately by a tree surgeon.
(5) 
The operation of heavy equipment over root systems shall be minimized in order to prevent soil compaction.
(6) 
Deciduous trees shall be given an application of a slow release, low nitrogen, all-purpose fertilizer to aid in their recovery from possible damage caused by construction operations. Such application shall be made according to appropriate rates.
(7) 
Trees shall not be used for roping, cables, signs or fencing. Nails and spikes shall not be driven into trees.
(8) 
The area around the base of existing trees shall be left open to provide access for water and nutrients. No impervious cover, nor any storage of equipment, materials, debris or fill shall be allowed within the dripline of any existing tree, except as may be necessary for a maximum of three months if no other storage space is available.
B. 
Protection from grade change.
(1) 
Raising the grade. If an increase in the grade of the land is proposed, the developer shall install either:
(a) 
A system of gravel and drain tiles at the old soil level opening into a dry well built around the trunk and designed for each tree, individually fitting the contour of the land so that it drains water away from the tree trunk.
(b) 
A retaining wall between the existing grade and the higher grade.
(2) 
Lowering the grade. If a lowering of the grade is proposed, the developer shall initiate one of the following methods to protect the trees:
(a) 
Terracing the grade.
(b) 
A retaining wall between the existing grade and the lower grade.
(3) 
Replacement of trees. If the proposed grade change, in the opinion of the board professional or the Environmental Commission, is too excessive to allow retention of existing trees, the developer shall be required to replace the trees to be removed on a one-to-three basis, one inch of new tree diameter for every three inches of tree diameter removed.
C. 
Protection during cleanup.
(1) 
All construction debris shall be hauled away instead of burned or buried on site.
(2) 
Fences and barriers around trees shall be the last thing to be removed from the site.
A. 
Where a residential development will involve the sale of individual building lots for custom or semicustom homes, and the exact location and extent of tree clearing on the residential lots cannot be determined at the time of site plan review, an estimate of compensation shall be derived by calculating a representative tree density and clearing estimate for an average sized lot.
B. 
Average lot sizes shall be determined based on project-specific lot areas.
C. 
Representative tree density shall be determined utilizing a fifty-foot-by-fifty-foot, totaling 2,500 square feet, area of the site that is considered representative of site conditions. This representative area shall be identified on the tree planting and removal plan and shall be conspicuously demarcated in the field for verification purposes.
D. 
For the purposes of calculating tree replacement under this article, the tree planting and removal plan shall depict a reasonable build-out scenario for an average residential lot, with square footage calculations of the tree protection zone and construction zone as defined in this article.
E. 
Calculations of the number of trees and their respective tree diameter within the fifty-foot-by-fifty-foot area shall be provided on the tree planting and removal plan, along with an estimate of tree clearing for the residential lots.
A. 
Replacement of trees lost during construction. Where developers find it impossible to retain existing trees in the tree protection zone, or any tree with a diameter of 10 inches or greater, due to cutting, filling or other construction activity, the developers shall replant one inch of a new tree diameter for every three inches of existing tree diameter removed. New trees shall have a minimum diameter of 2 1/2 inches measured at diameter breast height and guaranteed for two growing seasons. Replanting shall be done according to the standards specified by the American Nurseryman's Association. Cash contributions to the Washington Township Tree Trust Fund may be substituted in lieu of on site tree replacement in accordance with Subsection D of this section. The Township Environmental Commission may be consulted before any replacement trees are planted.
B. 
Criteria for selection of trees. When a developer is required to replace trees that he/she has removed, the developer shall replace them with trees as described in Article I, Planting and Landscaping.
C. 
Other ordinances distinct. Where other ordinances require planting of new trees such as Chapter 220, Subdivision of Land, and Chapter 199, Site Plan Review, and Chapter 285, Zoning, those trees are not to be counted as replacement trees required by this article.
D. 
Cash contribution. A cash contribution to the Washington Township Tree Trust Fund may be permitted. Upon review by the Environmental Commission, pursuant to § 254-27C and D above, the Planning or Zoning Board shall recommend and approve or disapprove of the cash contribution. If approved, it shall become a condition of approval of the applicant subject to final approval by Township Council. Cash contribution shall include costs per tree as determined by the Township Engineer to be the current bonding cost, as well the cost for the delivery, installation, fertilizer, watering and two-year guarantee.
E. 
Preference regarding tree placement/cash contribution. The Township, when considering the placement of trees or acceptance of cash contribution, will consider the following as the order of preference:
(1) 
On-site replacement;
(2) 
Off-site replacement;
(3) 
Contribution to the Washington Township Tree Trust Fund.
For the issuance of a permit, the applicant shall pay to the Township the fees, based on the total number of trees to be removed. Fees are set forth in Chapter 80, Fees.
The developer shall schedule and conduct a preconference prior to beginning site clearing. The following parties shall be present at this preconference: developer, engineer/surveyor, site excavation/tree removal contractor, Environmental Commission representative and Township construction official.
A. 
Expenditures from Washington Township Tree Trust Fund. The Mayor and Township Council shall determine the appropriate expenditure of funds accumulated in the Washington Township Tree Trust Fund. The expenditure of funds shall be in accordance with the purposes and intent of this article as expressed. The Mayor and Township Council may consult with the Township Environmental Commission, or any environmental professional, in order to aid the process of determining the appropriate expenditure of the fund.
B. 
Emergency expenditures from Washington Township Tree Trust Fund. The Mayor and administration of the Township of Washington may, based upon an emergent event, authorize expenditures from the Tree Trust Fund in the case of trees which are either damaged or downed, on Township property, due to storm, wind or other act of nature. The emergency expenditure of such funds will be for the removal and disposal of downed trees, the appropriate repair of trees which can be salvaged by an arborist and the replanting of replacement trees if determined to be cost-effective to do so immediately, with consideration being given to whether or not it is planting season. An accounting of the emergency funds expended will be provided.
Should any person or developer fail to abide by the provisions of this article, he/she shall be subject to citation by the Township Zoning Officer for violation of this article. The penalties for violation of this article shall be as follows:
A. 
Any person who violates any provisions of this article, upon conviction thereof, shall be liable for the penalties set forth in Chapter 1, General Provisions, Article I of this code for each and every offense.
B. 
In addition to the penalties set forth in Subsection A herein, any person or developer shall be subject to one or more of the following civil penalties:
(1) 
The requirement to comply with the requirements of this article, with determinations to be made in accordance with the provisions of the article as to the calculation of replacement trees, and determinations to be made as to on-site replacement, off-site replacement or contribution to the Washington Township Tree Trust Fund.
(2) 
A requirement to replant off site, or make a contribution to the Washington Township Tree Trust Fund in an amount equal to an additional 25% above the calculation of trees as determined by calculating the number of trees pursuant to the provisions of this article.
(3) 
A prohibition of the owner, contract purchaser or subsequent purchaser to submit any plan for development to the Washington Township Planning Board or Washington Zoning Board of Adjustment for a period of three years from the date of the violation, or the discovery of the violation, whichever is later.
(4) 
To reimburse the Township of Washington for all costs incurred which were reasonably related to the enforcement of this article and calculation of trees removed in violation of this article, including, but not limited to, reasonable attorneys fees, engineering fees, expert fees and the cost to the Township incurred for the purpose of retaining a professional to calculate the number of trees removed in violation of this article.