[Added 11-7-2000 by Ord. No. 00-22]
The following words and expressions as used
in this article shall have the following meanings, unless the context
clearly indicates a different meaning:
The administrative officer shall be the Director of Community
Development or his designee.
The removal of the minimum extent possible of the smallest
and poorest specimens of trees so as to permit land development while
retaining the maximum number of larger and healthier specimens of
trees.
An inventory of a portion of each property subject to the
provisions of this article shall be made to establish the average
number of each species of tree within the area to be disturbed (which
includes any area from which trees are to be removed or cut down).
This inventory shall constitute the averaged wooded lot and shall
be determined as follows: the applicant shall select random one-tenth-acre
representative plots throughout the area to be disturbed, which plots
shall have comparable tree populations to the area to be disturbed
generally. Each representative plot shall be visibly marked by stakes
or other appropriate markers. The location of the representative one-tenth-acre
plots shall be subject to approval by the administrative officer.
The number of representative one-tenth-acre plots shall be equal to
50% of the number of acres within the area to be disturbed (including
any area from which trees are to be removed or cut down); provided,
however, that the number of representative one-tenth-acre plots shall
not be less than 10 unless the area to be disturbed is one acre or
less, in which event the entire area to be disturbed (including the
area from which trees may be cut down or removed) shall be inventoried.
Once the representative plots have been identified and approved, each
tree on each representative one-tenth-acre plot shall be inventoried
by species and the average of each species calculated from the total
of each representative one-tenth-acre plot shall be determined for
the total of representative one-tenth-acre plots. That average number
of species shall represent the number of species of each tree within
the disturbed area and the composite of an averaged tree species shall
constitute the averaged wooded lot. (Specimen trees are not part of
the averaged wooded lot, as they are inventoried individually throughout
the entire tract.)
The municipal agency, either Planning Board or Zoning Board
of Adjustment.
The removal of all standing trees on a lot or portion of
a lot.
The diameter of a tree measured 4 1/2 feet above the
ground level on the downhill side for existing trees to be surveyed
in the field and shown on a replacement plan. Trees utilized in the
replacement of existing trees shall be measured six inches above the
ground for trees with a four-inch caliper or less, and measured 12
inches above the ground for trees over a four-inch caliper. Diameter
at a point of measurement may appear in this section as the abbreviation
"DPM."
A limiting line established by a series of perpendicular
drop points marking the maximum radius of the crown of an existing
tree, but not less than six feet from the trunk, whichever is greater.
A preexisting lot located within a zone permitting single-family
detached dwellings upon which is constructed one single-family detached
dwelling or upon which is proposed to be constructed one single-family
detached dwelling, and which property as a result of zoning restrictions
could not be further subdivided.
A specific plan for replacement of removed trees in accordance
with the provisions of this article.
A nursery-grown certified tree, 2 1/2 inches DPM, properly
balled, marked with a durable label indicating genus, species and
variety and satisfying the standards established for nursery stock
and installation thereof set forth by the American Association of
Nurseryman.
The removal of larger trees on an individual basis while
leaving trees of lesser size.
The management of any wooded tract of land to ensure its
continued survival and welfare, whether for commercial or noncommercial
purposes, pursuant to a plan approved by the New Jersey Bureau of
Forestry.
The forest debris remaining after a tree removal operation.
Any tree with a DPM of 24 inches or greater.
The removal of undesirable, competitive, diseased or damaged
trees so as to cultivate and improve the development of remaining
trees on the lot.
The uppermost 20% of height of a tree constituting its crown.
Any tree species which has a DPM of six inches or greater.
No person shall cut down or remove or permit,
suffer or allow the cutting down or removal of any tree or specimen
tree without first having complied with this article.
The following shall be exempt from this Article IVA:
A.
Commercial nurseries and fruit tree orchards.
B.
Christmas tree plantations.
C.
Removal of trees which are dead, dying or diseased
or trees or specimen trees which have suffered severe damage or any
tree or specimen tree whose angle or growth make them a hazard to
structures or human life.
D.
Pruning or removal of any tree or specimen tree growing
on or over a public right-of-way or public property by an appropriate
authority or authorized utility company for maintenance of utility
wires or pipe lines.
E.
Homestead lots.
F.
Those projects which, prior to the effective date
hereof, have received preliminary major subdivision approval, final
major subdivision approval or site plan approval; provided, however,
that an amendment to a major subdivision approval, site plan approval
or preliminary major subdivision approval which is made after the
effective date of this article and which modification or amendment
impacts upon existing trees shall be subject to the provisions of
this article. Applications for extension of preliminary major subdivision
approval where further tree removal is required shall be conditioned
upon compliance with this section where the application for extension
has not been granted prior to the effective date of this article.
A.
Prior to the cutting down or removal of any tree which
is subject to this article, a permit shall be obtained from the administrative
officer entitled a "tree removal permit." The application for a tree
removal permit shall include a completed application on a form prescribed
by the administrative officer, including, as a minimum:
(1)
Name, address and phone number of property owner.
(2)
Name, address and phone number of applicant,
if different from owner.
(3)
Consent, in writing, of owner if applicant is
different than owner.
(4)
Description of the location of the premises
by street address and tax lot and block number.
(5)
An inventory of trees, based upon an averaged
wooded lot, showing all calculations and supporting factual data.
(6)
An inventory of all specimen trees by size and
species.
(7)
A grid overlay to the same scale as a site plan
or subdivision map, if any, or if none, another formal map or survey
showing the location of one-tenth-acre representative plots for determination
of the averaged wooded lot.
(8)
A site plan to the same scale as the grid overlay
described in the preceding subsection, showing the entire tract of
land, delineating the areas of disturbance, the location of all specimen
trees in the area of disturbance, an identification of each specimen
tree by size and species and identification of specimen trees to be
cut down or removed by location, size and species.
(9)
A calculation of the trees and specimen trees
to be removed.
(10)
A calculation of the total replacement trees
required in accordance with this article.
(11)
Where a monetary contribution is proposed in
lieu of replacement trees, a calculation of the monetary contribution,
together with an explanation demonstrating good cause for concluding
that the requisite number of replacement trees cannot reasonably be
placed on site.
(12)
A spec replacement tree plan as defined herein
below.
(13)
A request for waiver of the requirements of
this article, together with a detailed explanation of the reason for
waiver request and the inability to reasonably comply.
(14)
The required fees and escrows in accordance
with this article.
A.
Where the application is in conjunction with a minor
subdivision application to create a homestead lot or lots, removal
of trees up to 50% of the number of trees on the proposed homestead
lot(s) may be removed without replacement trees required by this section.
Removal of specimen trees shall only be permitted where the location
of a tree forces the placement of a structure outside the permitted
building setbacks; where a tree whose location, angle or growth makes
them a hazard to a structure or human life; where the location or
growth of a tree inhibits the enjoyment of an outdoor pool, patio,
or deck or such proposed uses for which a building permit has issued;
or removal of specimen trees which are otherwise exempt. The removal
of trees in excess of 50% or the removal of specimen trees which are
not exempt requires a replacement plan based upon the standards set
forth in Table B-1 and Table B-2. For minor subdivision applicants,
a statement of the number and species of trees constituting the replacement
plan, together with a certification indicating that same will be planted,
shall be sufficient; provided, however, that no certificate of occupancy
shall issue for use of any structure built upon said lots created
by said minor subdivision until such time as evidence verifying the
planting of the replacement trees has been completed. Neither a performance
nor a maintenance bond shall be required in the case of a minor subdivision.
B.
Where the application for a tree removal permit is in conjunction with an application for major subdivision or site plan approval or any minor subdivision other than a subdivision to create homestead lots as set forth in Chapter 205 of the Township Code, or relates to any other property not otherwise exempt, the replacement plan shall include the following:
(1)
A site plan showing the size, location and species
of all trees constituting replacement trees to be planted within the
disturbed area or elsewhere on site.
(2)
The site plan shall identify the lot and block
numbers, the street address, if known or assigned, and a certification
of compliance with the requirements of this section.
(3)
Location of streams and watercourses.
(4)
Location of slopes of greater than 10% where
any tree removal is proposed.
(5)
The location(s) on the tract where tree removal
is to take place.
(6)
The total acreage of the tract.
(7)
The total number of wooded acres to be disturbed
within the tract.
(9)
A written summary of measures taken to preserve
existing trees.
(10)
Evidence that the method of disposal of removed
trees, toppings and slash is consistent with law. All efforts shall
be made to preserve specimen trees, including, if necessary, relocation
of infrastructure, roadways and building. Removal of any specimen
tree shall require specific approval, and any specimen trees approved
for removal shall be listed individually on the tree removal permit.
C.
All plans for replacement of removed trees shall be
based upon the following formulas:
(1)
For trees as defined herein, replacement shall
be based on the percentage of the trees removed as set forth in Table
B(1) below;
(2)
Specimen trees as defined herein shall be replaced
in accordance with Table B(2).
|
Table B(1)
Replacement of Trees
| ||
|---|---|---|
|
Percentage of
Trees Removed
|
Percentage of
Trees Removed
to be Replaced With Replacement Trees
| |
|
80% to 100%
|
70%
| |
|
60% to 79%
|
50%
| |
|
40% to 59%
|
30%
| |
|
20% to 39%
|
20%
| |
|
Less than 20%
|
10%
| |
|
Table B(2)
Replacement of Specimen Trees
| ||
|---|---|---|
|
Existing Specimen Trees
to be Removed
|
Number of Replacement Trees
| |
|
24 inches to 30 inches
|
5
| |
|
31 inches to 36 inches
|
7
| |
|
37 inches to 40 inches
|
9
| |
|
41 inches or greater
|
10
| |
D.
In determining the DPM of specimen trees for purpose
of the above calculation, half-inch will be rounded up to the nearest
whole inch and less than half an inch will be rounded down to the
nearest whole inch.
E.
Any tree left standing which was designated for removal,
or any tree planted in compliance with other requirements of this
article, shall be credited against the total replacement count on
a one-for-one basis; provided, however, that trees required to be
planted by the Board within street rights-of-way as part of an approval
for an application for development shall receive no credit.
F.
Wherever replacement trees are being planted pursuant
to this section and Tables B(1) and B(2), the species or type of replacement
tree shall, to the greatest degree practical, be the same as the species
or type removed from the tract.
G.
In the event that the replacement of the required
number of trees cannot reasonably be achieved on site, the applicant
may request or may be required to contribute an amount equal to the
cost of the replacement tree, including installation and guaranty
(twice the current wholesale value of each unplanted tree) to a fund
established by the Township for the purpose of tree maintenance, tree
preservation, tree planting, landscaping, and including the donation
of trees to be planted within North Brunswick Township.
All applications for tree removal permits must be made to the administrative officer. After determining that the application is complete, the administrative officer shall provide written notice to the applicant that the application for tree removal permit is complete and shall refer one copy of the completed application for tree removal permit to the Township Environmental Committee and the Township Engineer, together with a written request that they review the application and provide their comments and recommendations within 35 days of the date of the letter of transmittal. After 35 days from a referral to the Township Environmental Committee and the Township Engineer, the administrative officer shall approve or deny the application for tree removal permit. If denied, a statement of reasons supporting the denial shall accompany the denial. Due consideration shall be given by the administrative officer to the timely receipt of comments and recommendations of the Township Environmental Committee and the Township Engineer. Where approval is given, no permit shall issue until the applicant provides a performance guaranty as required in § 205-40.13. No performance guaranty may be released until full compliance with the approval permit has been made, all required replacement trees have been installed and an appropriate maintenance bond has been posted in accordance with this section. Where the application is approved, a tree removal permit shall issue as hereinabove described.
A.
Where an applicant seeks a waiver from the strict enforcement of this article, an application completed except for those portions for which waiver is sought shall be submitted and referred for comment and recommendation to the Environmental Committee and the Township Engineer as described in § 205-40.7. After 35 days have elapsed from date of said referral, the application, together with all supporting data, the comments and recommendations of the Environmental Committee and of the Township Engineer shall be forwarded to the Board if in conjunction with an application for development for consideration of the application for waiver. If not in conjunction with an application for development, determination of the application of waiver shall be made by the administrative officer. Such determination of the administrative officer may be appealed to the Zoning Board of Adjustment.
B.
When determining whether or not to grant a waiver
of full technical compliance with the requirements of this article
and the requirements for replacement trees, the administrative officer
or the Board, as the case may be, shall weigh the negative impacts
of the proposed waiver versus the benefits of compliance and shall
consider the following:
(1)
Is it reasonably economically feasible for the
applicant to comply with this article based upon the character and
extent of the application for development? An applicant seeking a
waiver on this ground shall submit a certification setting forth the
anticipated cost of all construction and soft costs, including public
improvements, structures, detention basins, layout, design, engineering,
legal, as well as the anticipated sale price of the property to be
sold or market value of the property upon completion. In no event
shall a reduction in the number of replacement trees be greater than
1/2 of the original number required pursuant to this article.
(2)
The minimal degree of land disturbance in comparison
with the overall size of the tract. For example, land disturbance
of less than 10% of the overall size of the tract with no future plans
for development of the tract remaining undisturbed would be an extraordinarily
low percentage of land disturbance and could justify reducing the
number of replacement trees; provided, however, that if the remaining
undeveloped portion of the property were to be developed within five
years, all waived replacement trees would be reinstated as a condition
of future development.
(3)
The proposed use of the property includes at
least 20% low- and moderate-income housing units.
(4)
A lot in a single-family detached dwelling zone
of five acres or less upon which there is an existing single-family
detached dwelling or upon which a single-family detached dwelling
will be constructed which has the possibility of further subdivision
based on the Zoning Ordinance but upon which the applicant seeks no
further development or a subdivision. In such cases, a waiver respecting
replacement trees similar to homestead lots may be approved by the
Planning Board; provided, however, that if the property is subdivided
within five years, then the applicant must comply with the tree replacement
criteria for the category of application, i.e., subdivision, minor
subdivision or major subdivision or site plan application for both
the existing lot, including any waved replacement trees, and the proposed
lot or lots.
C.
After its determination on the application for waiver,
the Board shall forthwith provide a copy of its resolution to the
administrative officer who shall incorporate the Board's determination
into the determination on the application for tree removal permit.
A.
The clearing limits/limits of disturbance shown on
the replacement plan shall be fully established prior to cutting of
permitted wooded acreage and shall be defined by snow fencing firmly
secured along the dripline, but not less than six feet from the trunk,
of the remaining trees. In a like manner, specimen trees and isolated
groupings of trees which are to remain on the site shall be clearly
protected by snow fencing or equally visible and protective device
installed along the dripline of the trees but not less than six feet
from the tree trunk(s).
B.
The grade of the land located along the dripline shall
not be raised or lowered more than six inches unless compensated by
welling or retaining wall methods; and in no event shall the welling
or retaining wall methods be less than six feet from the trunk of
the tree.
C.
No soil stockpiling, storage of building materials
or equipment operation shall be permitted within the dripline or within
six feet of any remaining trees, whichever is greater.
D.
Any clearing within the dripline, or within six feet
of the trunk of a remaining tree, must be done by hand or with hand-operated
equipment.
E.
Where clearing and/or construction on the site results in accidental removal or severe damage which will eventually result in death and removal of any tree delineated in a replacement plan as remaining on site, such removed or damaged tree shall be replaced pursuant to the applicable replacement tree schedule in § 205-40.6C hereof using substantially comparable species and type trees.
A.
A tree removal permit shall be acted upon within a
reasonable time of the determination by the administrative officer
that a completed application has been submitted.
B.
An application for development may be conditioned
upon the subsequent approval of a tree removal permit.
C.
An approval by statutory default by virtue of a Board
failing to act upon application development within a prescribed statutory
time period shall not automatically grant approval of a tree removal
permit and shall not be deemed to be an approval of a request for
a waiver of the application of any portion of this article to an applicant
for development.
Any substantial change in a replacement plan
shall necessitate the submission of a revised plan to the administrative
officer for review and approval pursuant to this article.
The administrative officer may revoke a permit
where there has been a false or misleading application or for noncompliance
with an approved replacement plan.
A.
A nonrefundable application fee of $75 shall be submitted,
together with a review and inspection fee of $200, for the first acre
and $100 for each additional acre or portion thereof on which tree
removal activities are proposed.
B.
An escrow fee, in an amount not less than 1% of the
estimated replacement cost or $500, whichever is greater, may be required
to cover expenses of review of the application and site inspection
subsequent to completion of the tree removal activities. Any unused
balance will be returned to the applicant after final approval.
C.
A performance guaranty shall be submitted upon approval
of an application in favor of the municipality in an amount not to
exceed 120% of the cost for the replacement plan on the property in
an amount estimated by the Township Engineer. This should exclude
off-tract trees, for which a contribution was made.
D.
Notwithstanding any limitations set forth in Chapter 205, Land Use, following completion of the planting of trees in accordance with the approved replacement plan and as a condition of the release of the performance guaranty, the permit holder shall post a maintenance guaranty with the Township Clerk for maintenance of the replacement trees. The maintenance guaranty, which may be a surety bond, shall not exceed 15% of the costs of the replacement plan and shall be posted for a period not to exceed two years after acceptance of the completed replacement plan. Under the maintenance guaranty, an 85% survival rate for a two-year guaranty period shall be considered satisfactory.
A.
The holder of a tree removal permit shall notify the
administrative officer in writing at least seven business days in
advance to when tree removal activity will commence. No activity shall
take place on Saturdays, Sundays or legal holidays without express
written approval from the administrative officer.
B.
The notice shall also include advice as to the manner
of disposal of the removed trees. Where appropriate, the administrative
officer shall advise the Township Recycling Coordinator of the name
of the permit holder, the location of the removal site, the date removal
is to commence and the manner of disposal to be employed.
