[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."
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.
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.
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.
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.
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).
H. All trees with thorns, such as Aralia Elata (Japanese
angelica), the Crataegus species (hawthorn) and Gleditsia Triacanthos (common
honey locust).
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.
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]
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.
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.
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:
(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.
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.
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.