2838-24 Amended Tree Removal Ordinance_With Comments.pdf

Draft 2/7/24—Administration Revisions to the Amended Tree Removal Ordinance 1 AN ORDINANCE REPEALINGCHAPTER 25, SECTION 27 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE AND ESTABLISHING CHAPTER ___ FOR ENVIRONMENTAL PROTECTION (TREE PROTECTION, REMOVAL AND REPLACEMENT) BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF WEST ORANGE, NEW JERSEY that Chapter 25, Section 27 of the Revised General Ordinances of the Township of West Orange be and are hereby repealed and replaced with the newly established Chapter ___ Section ____ of the Revised General Ordinances of the Township of West Orange, which establishes a Chapter dedicated to environmental protection in the Township of West Orange, and shall state as follows: §___-1: Title This Section shall be known as the “Tree Protection, Removal and Replacement Ordinance of the Township of West Orange” §___-2: Findings and Purpose a. The tree canopy in the Township of West Orange is dramatically declining and will continue to decline in future years. The Township of West Orange finds that: trees are among the Township's most valuable natural resource assets, greatly enhancing the appearance of the Township and contributing to its suburban residential character; the integrity of Township and regional water resources is substantially affected by development on constrained land (e.g., steep slopes, wetlands and reduced depth to groundwater), tree removal, soil disturbance, stormwater management and the general use of land resources; the preservation, protection and planting of trees aids in the stabilization of soil by the prevention of erosion and sedimentation, reduces stormwater runoff and the potential damage it may create, increases groundwater recharge thus enhancing the groundwater supply to streams and wetlands and the yield of water supply wells, aids in the removal of pollutants from the air and assists in the generation of oxygen, provides a buffer and screen against noise and pollution, provides protection against severe weather, dramatically reduces “urban heat effect,” aids in the control of drainage and restoration of denuded soil subsequent to construction or grading, provides a haven for birds and other wildlife and otherwise enhances the environment, protects and increases property values, conserves and enhances the Township's physical and aesthetic appearance, and generally

aven for birds and other wildlife and otherwise enhances the environment, protects and increases property values, conserves and enhances the Township's physical and aesthetic appearance, and generally protects the public health, mental health, and safety as well as the general welfare. b. Numerous governmental, professional, educational and business sources have cited the importance of trees to our well-being: "One acre of forest absorbs six tons of carbon dioxide and puts out four tons of oxygen, enough to meet the annual needs of 18 people." (U.S. Department of Agriculture). In one study, 83% of realtors expressed the belief that mature trees have a "strong or moderate impact" on the salability of homes listed for Deleted: AND REPLACING Deleted: S Deleted: s Deleted: A 2023 study commissioned by the Township of West Orange found that the tree canopy in West Orange has been dramatically declining and will continue to decline in future years without replanting and renewing protections for the tree canopy.¶

Draft 2/7/24—Administration Revisions to the Amended Tree Removal Ordinance 2 under $150,000 and on homes listed for over $250,000 this perception increased to 98% (American Forests, Arbor National Mortgage). Healthy, mature trees are said to add an average of 10% to a property's value (USDA Forest Service). "Landscaping, especially with trees, can increase property values as much as 20%." (Management Information Services/ICMA). "The net cooling effect of a young, healthy tree is equivalent to 10 room-size air conditioners operating 20 hours a day." (U.S. Department of Agriculture). "If you plant a tree today on the west side of your home, in five years your energy bills should be 3% less. In 15 years the savings will be nearly 12%." (Dr. E. Greg McPherson, Center for Urban Forest Research). "Trees properly placed around buildings can reduce air conditioning needs by 30% and can save 20% to 50% in energy used for heating." (USDA Forest Service). "In laboratory research, visual exposure to settings with trees has produced significant recovery from stress within five minutes, as indicated by changes in blood pressure and muscle tension." (Dr. Roger S. Ulrich, Texas A&M University). c. The purpose of this section is to protect and foster the existence and health of trees growing within the Township's borders, to preserve the maximum possible number of trees in the development of a site or lot; to protect specimen trees; to encourage innovative design and grading to promote the protection of existing trees, and to prevent indiscriminate, uncontrolled and excessive removal and cutting of trees, as well as land use activities inconsistent with accepted arboricultural practices, that contribute to the destruction or result in permanent injury to trees upon lots and tracts within the Township. The standards and procedures established by this chapter are intended to furnish criteria for the use of Township personnel, boards, committees, commissions and officers in evaluating applications involving tree removal for site plan, subdivision and other development approvals. They are further intended to inform those with interests in real property in the Township of the requirements for trees located in the Township. The purpose of this section is to protect trees, the environment, and owners of real property who would be affected adversely by the removal of trees from

quirements for trees located in the Township. The purpose of this section is to protect trees, the environment, and owners of real property who would be affected adversely by the removal of trees from property belonging to another person. The issuance of permits is a procedure designed to effectuate these goals. Deleted: In addition, the Tree Replacement Fund in no way relieves the Township from a yearly budgetary allocation dedicated to planting new trees in the Township.¶

Draft 2/7/24—Administration Revisions to the Amended Tree Removal Ordinance 3 §___-3 (Definitions) The following definitions shall apply to this chapter: APPLICANT—Owner of property or person with authority to apply for a Tree Removal and Replacement Permit on any Lot. APPEAL—The process by which an applicant may contest the grant or denial of a tree removal and replacement permit. Appeals shall be considered by the Township of West Orange Land Use Board in accordance with § 7, herein. BUILDING—Any structure constructed for the support, shelter, enclosure of persons, animals, and/or a combination of materials containing a roof that is used to form a structure for either use, occupancy, and/or habitation. CONSERVATION EASEMENT — A legal covenant restricting the use of land or natural features of the land that is described in the property deed and shown on a filed plat. CROWN REDUCTION—Pruning (as defined herein) of the tree reducing the height or scope of the tree. DBH — The measurement of the diameter of the trunk of a tree planted in the ground taken 4.5 feet from ground level on the uphill side of the tree. DEVELOPMENT APPLICATION — An application filed with the Land Use Board pursuant to the Municipal Land Use Law and the Township land development ordinances for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-3. DRIP LINE — A vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground beneath. EMERGENCY CONDITIONS—Shall mean when trees are hazardous and the Township Forester and/or a Qualified Tree Expert determines that the non-viable tree will cause an unacceptable risk of damage to person or property because of extreme wind, stormwater or other weather events. EMERGENCY TREE REMOVALFORM—A form completed by the Applicant provided to the Township which shall be submitted to the Township Forester if tree(s) are removed under Emergency Conditions pursuant to this Chapter. . ENDANGERED OR THREATENED SPECIES — Any species of tree or animal which has been determined by the Federal Fish and Wildlife Service or the State of New Jersey to be endangered or threatened. Deleted: Township Planning Board or Board of AdjustmentLand Use Board Deleted: AND REPLACEMENT Deleted: Trees removed under

Wildlife Service or the State of New Jersey to be endangered or threatened. Deleted: Township Planning Board or Board of AdjustmentLand Use Board Deleted: AND REPLACEMENT Deleted: Trees removed under emergency situations must be replaced in accordance with the requirements of this Ordinance. Commented [SG1]: Revisions were made because non-viable trees are a safety hazard to the public.

Draft 2/7/24—Administration Revisions to the Amended Tree Removal Ordinance 4 IMPROVED LOT — A parcel of land with a building or other physical improvements. LAND USE BOARD — The Planning Board or Zoning Board of Adjustment of the Township of West Orange. LOT—A designated parcel, tract of land established in the record as of local and county registers of deeds by plat, deed, subdivision, zoning lot of record, or as otherwise permitted by law. MAJOR TREE — A tree species with a mature height of at least 50 feet. MINOR TREE — An evergreen tree, ornamental tree or other small tree that is not defined as a Major Tree. NONVIABLE TREE — A hazardous tree that a Qualified Tree Expert and/or the Township Forester determines is dead, dying or otherwise non-viable. PERSON — The owner of a parcel of real estate or any other individual, group, company, firm, corporation, partnership, association, society or other legal entity. PROPERTY LINE TREE—Shall mean a tree whose tree-trunk is on more than one Lot and/or on the boundary of the Lot. QUALIFIED TREE EXPERT — A New Jersey Licensed Tree Expert pursuant to N.J.S.A. 45:15C-11 et seq. and is registered by the Township. REPLACEMENT TREE — A native tree species approved by the Township Forester and of nursery grade, properly balled and burlapped, untreated with herbicides or pesticides and meeting the minimum measurements of a major or minor tree. SPECIES — The common name of a tree. SPECIMEN TREE — A tree in good health of unusual or exceptional form, size, age or shape for its species, including but not limited to those included on New Jersey's Big Tree List, or database, published and coordinated by the New Jersey Forest Service, or having a champion tree point total (girth in inches plus height in feet, plus one quarter of average crown spread in feet) within 10% of the point total of a tree of the same species listed in New Jersey's Big Tree List, published in "New Jersey's Big Trees," by the New Jersey Forest Service. STRUCTURE — A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land, Deleted: INVASIVE VINE—Non- native vine that will climb up the tree and cause damage to the tree.¶ ¶ Deleted: ¶ Deleted: PRUNING—Pruning is the selective removal of branches or limbs of a tree. …¶ ¶ Deleted: ¶

Draft 2/7/24—Administration Revisions to the Amended Tree Removal Ordinance 5 including but not limited to homes, buildings, above-ground tanks, pools, sheds, signs, fences, and towers. STREET TREES OR SHADE TREES—A tree planted in a Township right-of-way within ten (10) feet of a curb. TOWNSHIP FORESTER—The Township-designated person primarily responsible for enforcing this chapter and who is qualified to do so by having the status of a Qualified Tree Expert; appointed by the Township of West Orange to implement this chapter and to carry out other related responsibilities as the Township may provide, including, but not limited to, developing and recommending (i) Township Woodlands Retention and Protection Plan; (ii) Township Tree Inventory; and (iii) Planting Schedule. TREE — A self-supporting perennial woody plant having a diameter of at least 4 inches measured at a point 4.5 feet (or 54 inches) from the ground at the base of the tree on its uphill side. TREE CANOPY—Tree canopy means the layer of leaves, branches, and stems of trees that cover the ground when viewed from above and that can be measured as a percentage of a land area shaded by trees. TREE REMOVAL NEIGHBOR NOTIFICATION FORM – A form required to be completed by an Applicant seeking to remove any trees which must be mailed and/or hand delivered to the contiguous Lots to where the tree is being removed. TREE REMOVAL AND REPLACEMENT APPLICATION—A form completed by the Applicant provided by the Township which shall be submitted to the Township Forester in accordance with Chapter XXX, § 5. TREE REMOVAL AND REPLACEMENT PERMIT—A permit issued by the Township Forester to an Applicant who complies with all tree removal and replacement procedures set forth in this Chapter. TREE REPLACEMENT TRUST FUND—A dedicated fund established pursuant to this chapter. The purpose of the fund is to permit any applicant Applicant who removes a viable tree and demonstrates lack of feasibility in replanting replacement trees on-site the ability to pay a fee to the Fund. The amount of the fee that the applicant shall contribute must be made in accordance with the provisions of this chapter; specifically Chapter XXX, § 8. VOLCANO MULCHING—Piling mulch against the trunk of a tree in the shape of a volcano causing tree roots to circle the trunk and subsequently weaken the tree. Thus, the tree root flare, which is the

8. VOLCANO MULCHING—Piling mulch against the trunk of a tree in the shape of a volcano causing tree roots to circle the trunk and subsequently weaken the tree. Thus, the tree root flare, which is the connection with the trunk root and the surface of the ground, shall remain visible at all times. Deleted: . Deleted: 2.5 Commented [SG4]: The standard definition of a tree is 4 inches in diameter measured at a point 4.5 feet (54 inches) from the ground at the base of the tree. Deleted: TREE OF HEAVEN—(Alianthus altissma) An invasive tree that attracts Japanese Spotted Lantern flies which pose a serious threat to the native ecosystem.¶ ¶ Deleted: ¶ Deleted: The applicant shall certify that that the Tree Removal Neighbor Notification Form has been delivered to all neighbors within 200 feet of the Applicant’s property line in accordance with this Chapter.… Deleted: ¶ ¶ Deleted: a

Draft 2/7/24—Administration Revisions to the Amended Tree Removal Ordinance 6 §___-4: Tree Removal and Replacement Permits a. No person shall cut, remove, or engage in activities that encroach upon the health of a tree or remove a non-viable tree with a DBH four (4”) inches or greater without first having been issued a Tree Removal and Replacement Permit from the Township. To obtain a permit, the Applicant must comply with the procedures set forth in Chapter XXX, § 5 and any replacement procedures in Chapter __, §8. 1. If any tree(s) sought to be taken down that are delineated by the Township Forester as viable, the person seeking removal or who has removed tree(s) must comply with the tree replacement provisions set forth in Chapter XXX, § 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 application shall comply with the procedures set forth in Chapter XXX, § 4(e) and shall be adjudicated by the Land Use Board in accordance with Municipal Land Use Law. 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 permit 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