[Ord. #585, § 616A; Ord. #1357, 6-29-1999, amended]
a.
No tree with a diameter in excess of four inches DBH
shall be removed if located a distance greater than 25 feet from any
construction unless approved by the Board.
b.
All areas of tree removal shall be indicated on the
development plan.
c.
All provisions of any other applicable ordinance of
the Township regulating the removal of trees shall be complied with.
d.
When regulated trees or areas of trees are removed without proper approvals from the Board, the affected areas shall be replaced to the satisfaction of the Zoning Enforcement Officer in accordance with Section 16-3.5, and the following table:
[Ord. #1429, 5-29-2001, amended]
|
Replacement of Trees
| ||
|---|---|---|
|
Existing Trees Removed Diameter of Tree
(inches)
|
Number of Replacement Trees
| |
|
0 to 6
|
1
| |
|
6.01 to 12
|
2
| |
|
12.01 to 18
|
3
| |
|
18.01 to 24
|
4
| |
|
24.01 to 30
|
5
| |
|
30.01 to 36
|
6
| |
|
36.01 to 40
|
9
| |
|
40.01 or greater
|
10
| |
|
All replacement trees shall be of nursery grade
quality, balled and burlapped and not less than 2 1/2 to three
inches caliper. Replacement trees shall be consistent with the type
and species removed from the site and shall be planted in accordance
with accepted nursery practice.
|
e.
Any tree along the side of any road which was planted
specifically for street shade tree purposes shall not be removed without
the approval of the Shade Tree Commission.
[Ord. #585, § 616B; Ord. #1357, 6-29-1999, amended]
a.
The first priority is to protect all trees on the
site whenever possible. The trees to be saved should be protected
with fences, signs or other suitable devices to protect the root zones
as well as the tree trunks and branches.
b.
Prior to any tree removal, all trees must be flagged
and clearing areas identified for field inspection by the Township
Engineer or other approved representative of the Township.
c.
Tree Protection During Construction.
1.
Tree protection measures and the limit of disturbance
line shown on the landscape plan shall be provided in the field with
snow fencing or other durable material and verified by the Township
Engineer or other designated official prior to soil disturbance.
2.
Protective barriers shall not be supported by the
plants they are protecting but shall be self-supporting. Barriers
shall be minimum for four feet high and last until construction is
complete.
3.
Chain link fence may be required for tree protection
if warranted by site conditions or variety of the plant.
4.
Snow fencing used for tree protection shall be firmly
secured along the drip line, but no less than six feet from the trunk.
5.
The grade of the land located within the drip line
shall not be raised or lowered more than six inches unless compensated
by welling or retaining wall methods. In no event shall welling or
retaining wall methods be less than six feet from the trunk of a tree.
6.
No soil stockpiling or storage of building materials,
construction equipment or vehicles shall be permitted within the drip
line or within six feet of any remaining trees, whichever is greater.
7.
Any clearing as shown on the approved plan within
the drip line or within six feet of the trunk of a remaining tree,
whichever is greater, shall be done by hand-operated equipment.
8.
When it is necessary for curbing or utility line installation
within the drip line or within six feet of a remaining tree, damage
to roots shall be kept to the minimum necessary for proper installation
of the line.
[Ord. #1429, 5-29-2001, added]
Each application to the Planning Board or Zoning
Board of Adjustment for approval of a major or minor subdivision or
any site plan that requires the removal of trees shall include an
application for a tree removal permit. The application and development
proposal shall conform to the following provisions:
a.
Application Form. The application form shall be available
from the Zoning Enforcement Officer and shall include the following
information:
1.
Name and address of the owner of the premises and
status of legal entity (individual, partnership, corporation of this
or any other state, etc.).
2.
Status of the applicant with respect to land (owner,
lessee, tenant, purchaser, under contract, etc.).
3.
Name and address of the applicant for the permit if
other than the owner, accompanied by the owner's written consent.
4.
Description of the premises where removal is to take
place, including lot and block numbers and street address.
5.
A list of all trees to be removed with a DBH equal
to or greater than six inches, identified by size and species, including
total number of each species to be removed.
6.
Purpose for tree removal (construction, street or
roadway, driveway, utility easement, recreation areas, patio, parking
lot, etc.).
7.
Proof that there are no delinquent property taxes
or assessments due on the property for which the application is submitted.
8.
Such other information as may be deemed necessary
in order to effectively process and decide such application.
9.
Trees that had been removed within the past two years.
b.
Tree Identification Plan. The following information
shall be provided on a tree identification plan prepared in accordance
with this chapter:
1.
Base Information.
(a)
Location of tree canopy within the property
boundaries.
(b)
Location of individual trees with a DBH equal
to or greater than six inches, identified by size and species within
the area of development/limit of disturbance.
(c)
Location of individual trees with a DBH equal
to or greater than six inches, identified by size and species 30 feet
beyond a delineated limit of disturbance line.
(d)
Location of individual existing trees noted
for preservation within the area of development/limit of disturbance
identified by size and species.
(e)
Clear labeling of the area intended for tree
removal.
(f)
Tree protection details and limit of disturbance
line.
(g)
Anticipated areas subject to regrading.
2.
Design Requirements.
(a)
Only those trees necessary to permit the construction
of buildings, structures, streets, driveways, infrastructures and
other authorized improvements shall be removed. Existing vegetation
shall be preserved to the greatest extent feasible.
(b)
No more than 60% of the existing tree canopy
within the property boundaries shall be removed. Existing tree canopy
comprised of the 40% minimum shall be noted for preservation. Steep
slope limits of disturbance shall supersede this section when approved
by the Board.
(c)
No more than 10% of existing trees with a DBH equal to or greater than 10 inches within the area of development/limit of disturbance shall be removed unless the applicant shall replace trees removed in accordance with the table in Section 21-45.1.
(d)
Landscape standards may be waived by the Board
when trees and/or shrub masses are preserved and/or relocated on site
that essentially duplicate the landscape requirements contained in
this section.
(e)
The approving authority shall have the option
of requiring a conservation easement to protect any or all trees or
tree canopy areas to remain on site.
[Ord. #1476, 8-28-2001, added]
a.
All required replacement trees shall be planted on
the site from which the trees were removed. Relief from any portion
or all of the on-site tree replacement requirement may be granted
by the Board. Any relief shall be based upon practical physical difficulties
and undue hardship related to conditions of the site from which the
trees are to be removed. The Board shall solicit the comments and
recommendations of the Township Engineer in determining whether the
relief requested by the applicant should be granted.
b.
In lieu of planting replacement trees, the Board may
permit the applicant to make a contribution to be deposited in the
Township Tree Fund as established by this chapter. The contribution,
in lieu of planting trees, shall be $300 for each tree and shall be
deposited in the Township Tree Fund prior to the Township issuing
any building permits for the development.
[Ord. #1476, 8-28-2001, added]
a.
There shall be established by this chapter a Township
Tree Fund for the purposes set forth in this chapter.
b.
All funds collected from an applicant as a contribution
in lieu of replanting trees shall be deposited in a dedicated account
clearly designated as the Bernards Township Tree Fund. All funds so
deposited shall be used exclusively for the planting of trees. This
fund may be used to plant trees on public property and rights-of-way,
including but not limited to public parks, public schools and public
buildings.
c.
The Tree Fund shall be administered by the Shade Tree
Commission, whom shall report to the Township Committee on a quarterly
basis detailing the use of the fund.
