2846 24 Tree Ordinance

ter 28 § 8 and the Chart at Table "A;" unless the tree(s) removed are replanted on the Lot where the tree removal occurred. 2. All Tree Removal and Replacement Permits issued shall be posted on the tree(s) to be removed and in the property owner's front door/window, so the tree removal permit is visible to any member of the public not less than seven (7) business days prior to removal. 3. For non-development applications, the Township Forester shall decide to grant or deny a Tree Removal and Replacement Permit Application within 30 days of submission and shall notify the applicant and any objectors who have contacted the Township Forester. Application(s) made in connection with a development 6

5/22/24-Accepting Changes from 5/7/24 Meeting and Incorporating Amendments from 5/21/24 Council Meeting application shall comply with the procedures set forth in Chapter 28 § 4(e) and shall be adjudicated by the Land Use Board. If the application is granted, the permit shall be issued by the Township Forester. 4. Permits granted under this section shall run with the land and shall remain in force and effect for 12 months from the date of issuance. Any pennit not acted upon within a period of 12 months after issuance shall become null and void. b. Prohibitions. Notwithstanding Subsection (a) above, no person shall do any of the following: 1. Cut down or remove any tree within wetlands, flood hazard areas, riparian zones, or other areas protected by state or federal law or applicable EPA or NJDEP regulations; 2. Cut down or remove any tree within a conservation easement; 3. Engage in activities which could cause a tree to die, including but not limited to topping, grade cut or fill, soil compaction within the drip line, chemical contamination, excessive alterations to established drainage patters or mechanical damage. 4. Cut down or remove any tree on a slope with a grade of 10% or greater on a slope where vegetation is presently stabilizing soils. 5. Cut down or remove any tree unless it is performed by a Qualified Tree Expert and who shall be registered with the Township of West Orange pursuant to § 5- 27.1 et seq. 6. Perform street, curb and sidewalk construction or repairs unless utilizing methods that protect the roots and trunk of a tree, such as manual excavation, reducing the curb, curving sidewalks around a tree, and modifying driveway aprons to accommodate trees as directed by the Township Forester or Township Engineer. 7. Remove trees within one hundred (100) feet of a ridgeline. 8. Remove trees which will impair the growth and development of the remaining trees on the applicant's Lot or on adjacent Lots. 9. Remove trees if tree removal will negatively alter existing drainage

impair the growth and development of the remaining trees on the applicant's Lot or on adjacent Lots. 9. Remove trees if tree removal will negatively alter existing drainage patterns and stormwater runoff. 10. Remove tree if it will result in soil erosion. 7

5/22/24—-Accepting Changes from 5/7/24 Meeting and Incorporating Amendments from 5/21/24 Council Meeting 11. Remove trees if it would increase the amount of stormwater runoff and/or negatively affect stormwater runoff patterns on any Lot(s), whether contiguous or not. 12. Remove trees if it would constitute a significant change in the screening between existing or proposed structures on roads and/or adjacent Lots. 13. Remove trees where it would alter topography of the area where such tree(s) are located and will create conditions which may be injurious to the trees or other trees located nearby. 14. Remove trees where it will impair suitable habitats and migratory zones for endangered or threatened species animals. 15. Engage in activities that cause harm to the health of the tree, including but not limited to, voleano mulching, cutting off light, water, or air, and/or fail to remove invasive vines or the invasive Tree of Heaven which harbors Japanese Spotted Lantern Flies which cause harm to native species of trees. c. Specific prohibitions related to construction activities: 1. In connection with any construction, prior to the issuance of a building permit or start of construction, snow fencing or other protective barriers shall be placed around trees that are not to be removed. The protective barriers shall be placed at the outermost edge beyond the drip line or tree canopy. All protective barriers shall remain in place until all construction activity is terminated. No equipment, chemicals, soil deposits or construction materials shall be placed within any area so protected by barriers. Any landscaping activities performed subsequent to the removal of the barriers shall be accomplished by hand labor and only using light machinery where necessary. 2. Storing and placing building material or debris or placing construction equipment within the drip line. d. Exemptions. The following are exempt from the permit requirement of Subsection (a) above: 1. Property owners may remove hazardous or non-viable trees under Emergency Conditions prior to obtaining a Tree Removal and Replacement Permit. However, following the emergency removal of the tree or trees, the property owner or agent thereof shall complete the Emergency Tree Removal and Replacement Form within seven (7) days of the removal. The person seeking emergency removal shall provide photographic

the property owner or agent thereof shall complete the Emergency Tree Removal and Replacement Form within seven (7) days of the removal. The person seeking emergency removal shall provide photographic and written proof of the Emergency Conditions by the Qualified Tree Expert to the Township Forester and

5/22/24-Accepting Changes from 5/7/24 Meeting and Incorporating Amendments from 5/21/24 Council Meeting include a hazard tree evaluation fonn at that time. Tree stumps must be preserved for inspection by the Township Forester and all removed tree(s) must be replaced on a one-to-one ratio within two-years of removal. 2. Activities lawfully conducted on public lands or rights-of-ways by or on behalf of a local, county, state, federal or other governmental agency or entity, or a utility company, provided however, that to the extent possible, such entity shall provide a courtesy review of any tree removal and replacement to the Township Forester. 3. Tree removal in conjunction with a Woodland Management Plan(s) must be approved by the N.J. Forest Service. e. Development applications. Every development application filed with the Land Use Board that proposes tree removal and replacement shall: 1. Preserve fifty (50%) percent of the tree canopy on each developed Lot, and seventy (70%) percent on any undeveloped Lot. 2. Comply with all prohibitions and procedures listed in this Ordinance including but not limited to, providing the Township Forester and Land Use Board with a report from a Qualified Tree Expert outlining the reasons stated for the removal of tree(s) on the Lot, a tree replacement plan, and response from the Township Forester outlining their approval or disapproval of the tree removal application. If replanting or replacement of trees is performed offsite, the developer shall, apart from the fees paid into the Tree Replacement Fund, hire a landscape architect, licensed by the State of New Jersey, to oversee the species, quantities and placement of replacement trees. This shall be completed prior to the Construction Official and/or appropriate Township Official having issued a Final Certificate of Occupancy or within six (6) months of completion of the development. A bond shall be posted to ensure compliance and two year survival of the replanted trees. 3. Install protective fencing around the remaining trees and ensure the provisions

ond shall be posted to ensure compliance and two year survival of the replanted trees. 3. Install protective fencing around the remaining trees and ensure the provisions of Chapter 28, Section 4(c) are complied with. 4. Obtain a written report indicating that the Township Engineer or his/her designee(s) has inspected the site and certified that all soil erosion and sediment controls and stonnwater runoff controls required by this Chapter and applicable laws have been installed and completed. Copies of the certification shall be delivered to both the applicant and the Township Forester by the Township Engineer immediately after it is completed and made available to the public upon request; 5. Specify that no trees may be removed until after installation of stormwater runoff controls as required by this Ordinance, by Title 7, Chapter 8, § 7:8-5.4 and 9

5/22/24-Accepting Changes from 5/7/24 Meeting and Incorporating Amendments from 5/21/24 Council Meeting by Title 2, Chapter 90, Subchapter 1 of the New Jersey Administrative Code, respectively or any other applicable laws. 6. Provide written notice to the Township Forester and the Land Use Board not less than fourteen (14) days before any planned tree removal. 7. Ensure the Township Forester shall be onsite during all tree removal and replacement activities in connection with the development application. A stop work order may be issued by the applicable authority under this Chapter if the Township Forester is not onsite during the planned tree removal activities. Prior to the applicant's completion of its development project, the development applicant must have written permission/documentation from the Township Forester that the tree replacement has been completed in accordance with the development applicant's approved plan. 8. All parking lot owners shall maintain trees in compliance with Township Code § 25-12.l(o) and shall create 50% shade in the parking lots within twenty-five (25) years. f. If the proposed trees for removal are deemed by the Township Forester and/or a Qualified Tree Expert to be Property Line Tree(s), the owner of the Lot(s) are jointly and severally responsible for any costs associated with the removal of the Property Line Tree(s) and any replacement costs. If a Property Line Tree is unlawfully removed, both owners of the Lots where the Property Line Tree is located can be held liable pursuant to Chapter 28 § 10. 10

5/22/24-Accepting Changes from 5/7/24 Meeting and Incorporating Amendments from 5/21/24 Council Meeting § 28-5: Application Procedure for Tree Removal and Replacement Permits a. Every application for a tree removal and replacement permit shall be made by submission of the following: 1. Tree Removal and Replacement Application. The Applicant or Applicant's representative shall arrange for an infonnal in-person inspection with the Township Forester. The Applicant shall clearly mark the trunk of each tree proposed to be removed at the height of four and one-half (4.5) feet above the ground so that such tree or trees may be inspected more easily by the Township Forester at any time after the initiation of the application procedure set forth herein. The Township Forester will explain this portion of the Ordinance and provide advice as to the condition, value and recommended care of other trees on the Applicant's Lot to satisfy the educational purpose of the Chapter. Upon request, the Township Forester shall assist any Applicant with completing the Tree Removal and Replacement Application required by this section. If the tree replacement is to be done on-site, a survey must be attached to the application to show the exact location of the replacement tree(s). The Township Forester's inspection shall confirm the location of the tree or trees sought to be removed, the reason for the application, and advise the Applicant whether the Tree Removal and Replacement Permit would be granted or denied based on the prohibitions contained in this ordinance. 2. An Applicant must submit to the Township Forester a Tree Removal and Replacement Application on forms provided by the Township. The Township Forester may request additional infonnation to process the application. 3. The Tree Removal N eighbor N otification Form must be submitted to the Township with the Tree Removal and Replacement Application. The fonn shall be submitted in accordance herewith to all neighboring property owners who own the Surrounding Lots, as defined herein. The Applicant shall

cement Application. The fonn shall be submitted in accordance herewith to all neighboring property owners who own the Surrounding Lots, as defined herein. The Applicant shall submit a written certification confinning the same. Failure to provide notice under this section shall be deemed a violation subject to enforcement under Chapter 28, § 10. 4. After the Township Forester and the owners of the Surrounding Lots receive the Tree Removal Neighbor N otification Form, the owners of the Surrounding Lots shall have seven (7) days to object to the proposed tree removal in writing articulating the basis for the objection. The Township Forester will have twenty­ one (21) days thereafter to review any and all objections, the Tree Removal and Replacement Pennit Application, and all other relevant documents to make a detennination to grant or deny the Tree Removal and Replacement Permit. b. The fees associated with the filing of a Tree Removal and Replacement Application shall be prescribed by Resolution, but shall be no less than $100 per application A Tree 11