2838-24 Amended Tree Removal Ordinance_With Comments.pdf

ations; 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. Deleted: No person shall be granted permission to remove more than two (2) trees within a twenty-four (24) month period. Deleted: two-and-a-half Deleted: 2.5 Deleted: ______, Deleted: or non-viable Deleted: 2. All Tree Removal and Replacement Permits including Emergency Tree Removal Permits shall be accessible to the public subject to the confidentiality provisions of Daniel’s Law or any other similar law. All permits issued pursuant to this Chapter shall be posted to the Township’s website by the Township Forester. ¶ ¶ Deleted: ¶ Deleted: 3 Deleted: 4 Deleted: 5

Draft 2/7/24—Administration Revisions to the Amended Tree Removal Ordinance 7 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. Cut or remove any tree older than 25 years with a DBH of 10” or more. 8. Remove trees within one hundred (100) feet of a ridgeline. 9. Remove trees if it would constitute a significant change in the screening between existing or proposed structures on roads and/or adjacent Lots. 10. Remove trees where it will impair suitable habitats and migratory zones for endangered or threatened species animals. 11. Engage in activities that cause harm to the health of the tree, including but not limited to, Volcano Mulching. 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. Deleted: Prune, Deleted: c Deleted: 9. Remove trees which will impair the growth and development of the remaining trees on the applicant’s Lot or on adjacent Lots.¶ ¶ 10. Remove trees if tree removal will negatively alter existing drainage patterns and stormwater runoff. ¶ ¶ 11. Remove tree if it will result in soil

es on the applicant’s Lot or on adjacent Lots.¶ ¶ 10. Remove trees if tree removal will negatively alter existing drainage patterns and stormwater runoff. ¶ ¶ 11. Remove tree if it will result in soil erosion or would increase dust. ¶ ¶ 12. 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. …¶ ¶ Deleted: ¶ Deleted: 13 Moved down [3]: 14. 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.¶ Deleted: 15 Deleted: 16 Deleted: v Deleted: m Deleted: , cutting off light, water, or air, Deleted: 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.¶ Deleted: 17. Cut down or remove trees in a landscaped buffered area.¶

Draft 2/7/24—Administration Revisions to the Amended Tree Removal Ordinance 8 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 Form within seven (7) days of the removal. The person seeking emergency removal shall provide photographic and written proof of the Emergency Conditions by a Qualified Tree Expert to the Township Forester with the Emergency Tree Removal Form. Tree stumps must be preserved for inspection by the Township Forester. 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 of the tree canopy 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

or 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 of Chapter ___, Section 4(c) are complied with. Deleted: and Replacement Deleted: the Deleted: and include a hazard tree evaluation form at that timewith the Emergency Tree Removal Form Deleted: and all removed tree(s) must be replaced. Deleted: a Deleted: d Deleted: a Deleted: s Commented [SG9]: There are situations where one tree takes up the majority of the tree canopy.

Draft 2/7/24—Administration Revisions to the Amended Tree Removal Ordinance 9 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 stormwater 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 subject to exemptions from disclosure set forth in the Open Public Records Act and/or Daniel’s Law; 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 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 and/or his/her designee 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 and/or his/her designee 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 and/or his/her designee 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 § 25-12.1(o). 9. 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 XXX § 6 shall be submitted with each application. 10. Additional Prohibitions for Tree Removal Related to Development Applications: a. Remove trees which will impair the growth and development of the remaining trees on the

tted with each application. 10. Additional Prohibitions for Tree Removal Related to Development Applications: a. Remove trees which will impair the growth and development of the remaining trees on the applicant’s Lot or on adjacent Lots. b. Remove trees if tree removal will negatively alter existing drainage patterns and stormwater runoff. c. Remove tree if it will result in soil erosion or would increase dust. Deleted: 7 Deleted: and shall create 50% shade in the parking lots within five years. Commented [SG10]: Changes to the amount of shade in the parking lot can/should be addressed by amendment to Township Code § 25-12.1(o). Moved (insertion) [1] Deleted: d Deleted: a Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 1.5"

Draft 2/7/24—Administration Revisions to the Amended Tree Removal Ordinance 10 d. 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. Moved (insertion) [3] Deleted: 14 Formatted: Indent: Left: 1.5" Formatted: Indent: First line: 0.5" Deleted: ¶ Deleted: f. Moved down [2]: 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 XXX, § 10. ¶

Draft 2/7/24—Administration Revisions to the Amended Tree Removal Ordinance 11 § ___-5: Application Procedure for Tree Removal and Replacement Permits a. Every application for a tree removal and replacement permit shall be made as follows: 1. Applicant must complete the Tree Removal and Replacement Application and submit the Tree Removal and Replacement Application to the Township Forester. After the Tree Removal and Replacement Application is submitted, the Applicant shall: a. First, 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 written 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. b. Second, the Applicant or Applicant’s representative shall arrange for an informal in-person inspection with the Township Forester. Prior to this informal inspection, the Applicant shall serve the Tree Removal Neighbor Notification Form. c. Third, upon request, the Township Forester shall assist any Applicant with completing the Tree Removal and Replacement Application required by this section. d. Fourth, within thirty (30) days of the submission of the Tree Removal and Replacement Application, 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 will be granted or denied based on the prohibitions contained in this ordinance and factors to be considered set forth in this Ordinance. 2. The Tree Removal and Replacement Application must be submitted on forms provided by the Township. The Township Forester may request additional information to process the application. Deleted: by submission of the following Deleted: T Deleted: 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

oved 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.… Deleted: Deleted: U Deleted: If the tree replacement is to be done on- site, a survey (not more than one (1) year old) must be attached to the application to show the exact location of the replacement tree(s). … Deleted: T Deleted: would Deleted: ¶ Deleted: An Applicant must submit to the Township Forester a… Deleted: 3. The Tree Removal Neighbor Notification Form must be submitted to the Township with the Tree Removal and Replacement Application. The form shall be submitted in accordance herewith to all neighboring property owners within 200-feet of the Applicant(s)’s property line via certified mail. The Applicant shall submit a written certification confirming the same. Failure to provide notice under this section shall be deemed a violation subject to enforcement under Chapter XXX, § 10. ¶