2846 24 Tree Ordinance

5/22/24-Accepting Changes from 5/7/24 Meeting and Incorporating Amendments from 5/21/24 Council Meeting Removal and Replacement Application for a development application shall be prescribed by Resolution but no less than $1,000 per application. c. Every development application or application before a Land Use Board shall include a tree removal and replacement plan which shall include a map drawn to scale clearly showing the number and location of all trees to be removed and number and location of trees to be replaced. A Qualified Tree Expert's report addressing the factors set forth in Chapter 28 § 6 shall be submitted with each application. 12

5/22/24-Accepting Changes from 5/7/24 Meeting and Incorporating Amendments from 5/21/24 Council Meeting § 28-6: Factors to Address in Granting or Denying a Tree Removal and Replacement Permit Factors to be Considered Where Tree Removal And Replacement is Sought. In deciding whether to issue a Tree Removal and Replacement Permit, the Township Forester shall consider whether the proposed tree removal and replacement complies with the provisions of this Ordinance, the prohibitions of tree removal set forth in Chapter 28 § 4(b)-(d), and the tree replacement requirements set forth in Chapter 28 § 8. In connection with a development application, an Applicant shall file a written report by a Qualified Tree Expert explaining how/why the prohibitions set forth in Chapter 28 § 4(b)-(e) are not violated and include a plan for tree replacement in accordance with Chapter 28 § 8. 13

5/22/24—Accepting Changes from 5/7/24 Meeting and Incorporating Amendments from 5/21/24 Council Meeting §__-7: Appeal of Denial of Tree Removal and Replacement Denial and granting of any application for a Tree Removal and Replacement Permit may be appealed directly to the appropriate board with written notice to the Secretary of the appropriate board within forty-five (45) days of the decision by the Township Forester to grant or deny an application. Only those who own the Surrounding Lots who were required to be sent the Neighbor Notification Form shall have the right to appeal the decision of the Township Forester to grant a tree removal permit. Notice of the appeal shall be provided to all property owners who own a Surrounding Lot. The appellant who files the Appeal shall include a written report by a Qualified Tree Expert establishing why and how the Applicant has or has not complied with the factors set forth in § 6. It shall constitute a separate violation of the Ordinance if a tree is removed during the appeal process. All costs and fees associated with the Appeal shall be paid by the Appellant.

5/22/24-Accepting Changes from 5/7/24 Meeting and Incorporating Amendments from 5/21/24 Council Meeting § 28-8: Tree Replacement Every tree removed shall be replaced pursuant to this Chapter. In no instance is tree replacement to be considered a penalty, but rather the minimum requirement(s) to implement the purposes of this section. Tree replacement shall not be a substitute for, but shall be in addition to, any penalty imposed for violation of the provisions of this section. Tree replacement required by this Chapter shall be completed within six months of tree removal unless the Township Forester or Land Use Board grants an extension until the next appropriate planting season. If any replacement tree planted pursuant to this section is removed, fails to thrive, or dies within two years, it shall be replaced by the property owner within six months and the same shall be viable for an additional two (2) years. a. Tree replacement, as approved by the Township Forester, Land Use Board, and/or Township Engineer, shall be required to comply with Table "A," except that hazardous or non-viable trees removed pursuant to Emergency Conditions shall be replaced on a one-to-one basis at the approval of the Township Forester. Tree Replacement shall occur in the following p1iority to amplify the goals ofthis Chapter to maintain the existing tree canopy within specific areas ofthe Township: 1. The owner/applicant shall replant tree(s) on the Lot that which they were removed. 2. If the tree cannot be replaced on the Lot or an adjacent Lot, the applicant shall have the burden of demonstrating how such replacement on their Lot is not feasible. If the owner/applicant cannot replace tree(s) on the site that which they were removed, the owner/applicant may replant the tree(s) on the immediate adjacent properties or at another location as determined by the Township Forester. 3. If the owner/applicant is unable to replace tree(s) on the site that which they were removed or on the adjacent Lot(s), and the owner/applicant has less than three-fourths (3/4) of an acre of land, the owner/applicant shall pay into the Tree Removal and Replacement Fund in accordance with this

the owner/applicant has less than three-fourths (3/4) of an acre of land, the owner/applicant shall pay into the Tree Removal and Replacement Fund in accordance with this Chapter. 4. Ifthe owner/applicant has greater than three-fourths (3/4) ofan acre ofland, the owner/applicant must replace the removed trees on their Lot or an adjacent Lot in accordance with § 8(a)(l )-(2). b. The Forester shall prioritize the Tree Removal and Replacement Fund to locations closest to the site of removal to amplify the goals of this Chapter. In furtherance of said goals, the Township Forester shall seek to prioritize replanting within 1,000 feet of the property line, and, if not feasible, anywhere within the municipality in accordance with Table "A." c. Tree Replacement Fund. Pursuant to this section, unless the Township Forester has approved replacement of the removed tree(s) on the permit holder's property in 15

5/22/24—Accepting Changes from 5/7/24 Meeting and Incorporating Amendments from 5/21/24 Council Meeting accordance with Table “A,” the Township Forester shall condition tree removal upon payment to the Tree Replacement Fund, established hereunder. The Township Forester shall require payment to the Tree Replacement Fund if a person removes a viable tree as determined by the Township Forester which is not replaced on the same Lot, provided, however, that the applicant’s lot is less than three-fourths (3/4) of an acre. 1. Tree Preservation and Replacement Fund: A Tree Replacement Trust Fund dedicated to receive and disburse replacement tree fees when the permit applicant has conclusively demonstrated that it is not feasible to replace a tree(s) removed from the applicant’s lot with other qualifying tree(s) planted on that site in accordance with Table “A.” The Tree Replacement Fund may also accept contributions for its purposes from private or public sources. The amount to be paid in the Tree Replacement Fund shall be in accordance with Table “A” and shall be greater than the cost of on-site replacement both to encourage on-site tree replacement, the preferred approach under the Ordinance, and to assure that the Township is fully reimbursed for all fees and costs associated with off-site tree replacements. These fees shall be fixed by resolution and must be spent for tree replacements within one (1) year of the deposit into the account. All details of this fund shall be available to the public upon request. The Tree Replacement Fund in no way relieves the Township from a yearly budgetary allocation dedicated to planting new trees in the Township. 2. The amount to be paid to the Tree Replacement Fund shall be in accordance with Table “A” upon the approval of the Township Forester. 16

5/22/24—-Accepting Changes from 5/7/24 Meeting and Incorporating Amendments from 5/21/24 Council Meeting TABLE A DBH of Tree Required Action Amount to Tree Replacement Fund 4-6" Replace with one 2.5” inch native non- pesticide/herbicide treated tree with a minimum of 6-feet tall To be prescribed by Resolution 6-13” Replace with either two 4” inch native non- pesticide/herbicide treated trees; or four 2.5” native — non- pesticide/herbicide treated trees. Each tree shall be a minimum of 6-feet tall. To be prescribed by Resolution 13-22” Replace with either three 4” inch native non- pesticide/herbicide treated tree; or six 2.5” native — non- pesticide/herbicide treated trees. Each tree shall be a minimum of 6-feet tall. To be prescribed by Resolution 237-32” Replace with either four 4” inch native non- pesticide/herbicide treated tree; or eight 2.5” native — non- pesticide/herbicide treated trees. Each tree shall be a minimum of 6-feet tall. To be prescribed by Resolution Over 33” Replace with either five 4” inch native To be prescribed by Resolution 17

5/22/24—-Accepting Changes from 5/7/24 Meeting and Incorporating Amendments from 5/21/24 Council Meeting non- pesticide/herbicide treated tree; or ten 2.5” native — non- pesticide/herbicide treated trees. Each tree shall be a minimum of 6-feet tall. 18

5/22/24-Accepting Changes from 5/7/24 Meeting and Incorporating Amendments from 5/21/24 Council Meeting § 28-9: Enforcement and Administration In administering and enforcing this section, the Township Forester, the Township's Construction Official, Zoning Officer, Township Planner, Engineer, Chief of Police, or any other Township officer or designee, is hereby empowered to issue stop work orders whenever a claimed violation of this section is witnessed or reported. 19

5/22/24-Accepting Changes from 5/7/24 Meeting and Incorporating Amendments from 5/21/24 Council Meeting § 28-10: Violations and Penalties a. Any person, finn, partnership, corporation, association, or other legal entity violating any of the provisions of this aiiicle shall, upon conviction of such violation, be punished by a fine not to exceed $2,000 for each offense, in addition to the required mitigation for each tree illegally removed. Each illegally removed or damaged tree shall constitute a separate offense. Violations of this Ordinance shall be heard in the Municipal Court of competent jurisdiction. b. The removal of a tree in violation of this section shall automatically invalidate or void any existing tree removal pe1mit(s) associated with a property and tenninate the issuance of any future permits until the matter has been resolved and any required tree replacement has been completed. This provision shall be applicable to contractors, agents and/or persons who remove tree(s) without properly registering with the Township in accordance with Chapter 5, § 27.1 et seq. c. In addition to the suspension of any active tree removal permit, any company, business, or other entity whom removes or damages any tree in violation of this Ordinance shall be subject potential suspension of their tree removal license within the Township as follows: 1. First Offense: 90-day suspension; 2. Second Offense: 180-day suspension; 3. Third Offense: One year suspension; and 4. Any offense thereafter: pe1manent suspension. 20