This chapter shall be known as the "Mantua Township
Tree Protection Ordinance."
The purpose of this chapter is to establish
protective regulations for trees within the Township of Mantua in
order to control problems of flooding, soil erosion, air and noise
pollution; to protect the safety, welfare and health of the citizenry
of the Township; to promote quality development in the Township; and
to make Mantua Township a healthier and safer place in which to live.
The intent of this chapter is to encourage the
protection of every landmark tree within the Township and, to the
greatest extent practicable, of each specimen tree, regardless of
location, and the maximum number of healthy trees within a tree protection
zone or within a critical area. The intent is not punitive nor intended
to cause hardship to any individual, private or public company who
or which has taken reasonable care and diligence to protect the trees
within the Township of Mantua.
As used herein, the following terms shall have
the meanings indicated:
AESTHETIC IMPROVEMENT CUT
The removal, to the minimum extent possible, of the smallest
and poorest trees so as to permit land development while retaining
the maximum number of larger and healthier trees.
CLEAR-CUTTING
The removal of all standing trees on a lot or portion of
a lot.
CRITICAL AREA
Areas which are located within 300 feet of both edges of
a stream; areas within the one-hundred-year floodplain as defined
by the Federal Emergency Management Agency (FEMA); and areas defined
as wetlands and their respective transition buffers by the New Jersey
Department of Environmental Protection. The Township's environmental
mappings may be used to generally locate such critical areas.
CROWN
The branches and foliage of a tree; the upper portion of
a tree.
DISTURBANCE ZONE
That portion of a lot covered by existing or proposed buildings,
structures or improvements and within a certain distance around the
same as noted below:
A.
House or building: 12 feet (averaged around
all sides).
D.
Driveway/sidewalk: five feet.
F.
Underground utility: five feet.
G.
Paved parking/drive aisle: five feet.
I.
Improvement (other): five feet.
DRIPLINE
The perimeter line on the ground measured from the outermost
edge of the vertical plane established by the branches of the tree.
FORESTER, PROFESSIONAL
A person who has a B.S. degree from a four-year school of
forestry accredited by the Society of American Foresters.
LANDSCAPER
An individual who has been gainfully employed for a period
of at least five years in a position involving the care and planting
of trees.
MANTUA 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 through the Township or for other purposes,
as determined by the Township Committee, not inconsistent with the
purposes of this chapter.
[Added 2-27-2007 by Ord. No. O-02-2007]
NONSPECIMEN TREE
Any tree with a diameter less than 16 inches but at least
six inches.
PERMIT
Any permit in writing as issued by a Township official.
PERSON
Any individual, person, association, company, corporation
or similar group.
SELECTIVE CUTTING
The removal of larger trees on an individual basis while
leaving trees of a lesser size.
SPECIMEN TREE
Any tree with a diameter of at least 16 inches but less than
30 inches.
THINNING
The removal of undesirable, competitive, diseased or damaged
trees so as to cultivate and improve the development of remaining
trees on the lot.
TOWNSHIP
The Township of Mantua or any designated representative.
TREE
Any woody perennial plant usually having but one main stem
or trunk and a more or less definitely formed crown, and which has
the potential based on its genus and species to grow to a height of
10 feet or more.
TREE REMOVAL
The cutting down of a tree, 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
a tree. Examples of said 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 or below the
root system and around the trunk; damage inflicted on the tree permitting
fungus infection or pest infestation; excessive pruning; excessive
thinning; 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 dripline.
An application for a tree removal permit requires
the submission of a plot plan or sketch indicating:
A. The applicant's name, street address and telephone
number.
B. The lot owner's name, street address and telephone
number.
C. The lot owner's consent to the application.
D. The block and lot number.
E. The location of all existing or proposed buildings,
driveways, septic fields, easements, underground utility lines and
other improvements.
F. Existing or proposed rights-of-way.
G. The location of all proposed trees having a diameter
of six inches or greater to be cut, removed or damaged in such a way
as to cause a need for their removal, noting each tree by its species,
size and general health condition. Individual trees that occur within
critical areas as defined by this chapter may be shown as tree masses.
However, individual trees must be shown in the critical areas where
the proposed disturbance area overlaps a critical area.
H. The reasons for tree removal, including a description
of the type of tree removal; thinning, selective cutting, clear cutting,
aesthetic improvement cut.
I. Specifications for the removal of existing trees and
for the protection of existing trees to be preserved.
J. Tree removal and replacement calculations, including
specific proposals for planting replacement trees, if applicable.
[Added 2-27-2007 by Ord. No. O-02-2007]
If required by this chapter, the submission
of a tree protection management plan should indicate the following
information on a plot plan:
A. All of the information required under the application for a tree removal permit as noted in §
387-6.
B. Existing topography within 20 feet of the proposed
disturbed area and proposed grading, if any;
C. The location of existing watercourses, wetlands and
floodplains.
Applicants should exercise due care to protect
trees to be retained from damage during construction. The following
procedures shall be observed in order to protect retained trees:
A. Protection from mechanical injury.
(1) Prior to any grubbing or clearing, all trees to be
retained within 25 feet of a building and all other improvements should
be protected from equipment damage by enclosing the driplines of the
trees with sections of snow fence or boards, wired together. All exposed
roots and low-hanging branches should be equally protected. Groups
of trees may be protected by fencing the driplines of the entire tree
mass to be retained.
(2) Heavy equipment operators should not damage existing
tree trunks and roots. Feeder roots should not be cut closer than
the distance of the dripline from the tree trunks and should be cut
with pruning shears or other tools which will make a clean cut.
(3) Tree trunks and exposed roots accidentally damaged
during construction should be protected from further damage. Damaged
branches should be sawed off at the branch collar. No shellac or pruning
paint should be used. When the portion of the tree to be removed is
diseased, the pruning equipment should be dipped in alcohol or disinfectant
prior to use on another tree to prevent the spread of the disease.
(4) Deciduous trees should be given an application of
liquid slow-release, low-nitrogen, all-purpose fertilizer to aid in
their recovery from possible damage caused by construction operations.
Such application should be made at a distance of one foot from the
trunk to the dripline and should be made as soon as construction is
completed and again one year after the first application has been
made.
(5) Trees should not be used for roping, cables, signs
or fencing. Nails and spikes should not be driven into trees.
(6) The area around the base of existing trees should
be left open to provide access for water and nutrients. Therefore,
no impervious cover nor storage of equipment, materials, debris or
fill should be allowed within the dripline of any existing tree to
be retained.
B. Protection from grade change.
(1) If an increase of the grade is proposed, the applicant
should 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; or
(b)
A retaining wall between the existing grade
and the higher grade. A detailed plan for each proposed retaining
wall should be provided.
(2) If a decrease of the grade is proposed, the applicant
should initiate one of the following methods to protect the trees:
(a)
Terracing the grade at the dripline and out
from the tree.
(b)
A retaining wall between the existing grade
and the lower grade. A detailed plan for each proposed retaining wall
should be provided.
C. Protection from excavation. When digging trenches
for utility lines and other similar uses, the applicant should adhere
to the following, listed in order of preference:
(1) If possible, trenches should bypass the root area.
(2) If it is impossible for the trenches to bypass the
root area, trenches should be tunneled under the trees.
(3) If trenches must be dug along the side of a tree,
the following precautions should be observed.
(a)
Trenches should be no closer to the trunk than
half the distance from the dripline.
(b)
As few roots as possible should be cut.
(c)
If roots are cut, they should be cut as cleanly
as possible.
(d)
The trench should be backfilled as soon as possible,
avoiding soil compaction.
D. Protection during construction cleanup.
(1) All construction debris should be hauled away. No
such debris should be burned or buried.
(2) Fences and barriers around trees should be the last
thing to be removed from the site, prior to the installation of additional
landscaping or building occupancy.
[Added 2-27-2007 by Ord. No. O-02-2007]
For the issuance of a permit, the applicant
shall pay to the Township fees based on the total number of trees
to be removed. Fees are set forth as follows:
Number of Trees
|
Fee
|
---|
1-5
|
$0
|
6-10
|
$100
|
11-20
|
$250
|
21-50
|
$500
|
51-150
|
$1,500
|
151 and over
|
$1,500 + $250 for each additional 100 trees
or part thereof
|
[Added 2-27-2007 by Ord. No. O-02-2007]
A. Expenditures from Mantua Township Tree Trust Fund.
The Township Committee shall determine the appropriate expenditure
of funds accumulated in the Mantua Township Tree Trust Fund. The expenditure
of funds shall be in accordance with the purposes and intent of this
chapter as expressed. The Township Committee 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 Mantua Township Tree Trust
Fund. The Township Committee 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.