2838-24 Amended Tree Removal Ordinance_With Comments.pdf

Draft 2/7/24—Administration Revisions to the Amended Tree Removal Ordinance 12 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 Removal and Replacement Application for a Development Application shall be prescribed by Resolution but no less than $1,000 per application. c. 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. Both property owners of a Property Line Tree must engage in the tree removal application process outlined above and be jointly and severally responsible for the costs and penalties associated with the same. c. Deleted: Deleted: d Deleted: a Moved (insertion) [2] Moved up [1]: 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. ¶

Draft 2/7/24—Administration Revisions to the Amended Tree Removal Ordinance 13 § ___-6: Factors to Address in Granting or Denying a Tree Removal and Replacement Permit a. Factors to be Considered Where Tree Removal And Replacement is Sought: Non- Development Application. 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 XXX, § 4(b)-(c), and compliance with the tree replacement requirements set forth in Chapter XXX, § 8. b. Factors to be Considered Where Tree Removal and Replacement is Sought: Development Application: In connection with a Development Application, in addition to any requirements under the Municipal Land Use Law and § 4(e) and § 5 herein, an Applicant shall also file a written report by a Qualified Tree Expert explaining how/why the prohibitions set forth in Chapter XXX § 4(b)-(c) are not violated and include a plan for tree replacement in accordance with Chapter XXX, § 8. Deleted: d Deleted: d Deleted: a Deleted: d

Draft 2/7/24—Administration Revisions to the Amended Tree Removal Ordinance 14 § ___-7: Appeal of Denial of Tree Removal and Replacement Denial of any application for a Tree Removal and Replacement Permit may be appealed directly to the Land Use Board with written notice to the Secretary of the Land Use Board within forty-five (45) days of the decision by the Township Forester to deny an application. The person and/or entity 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. Deleted: and granting Deleted: Planning Board Deleted: Planning Board Deleted: grant or Deleted: Only those within two-hundred feet 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 within a 200 foot property line of the appellant’s site.… Deleted: appellant

Draft 2/7/24—Administration Revisions to the Amended Tree Removal Ordinance 15 § ___-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 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.”: Tree Replacement shall occur in the following priority to amplify the goals of this Chapter to maintain the existing tree canopy within specific areas of the 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 Lot that which they were removed, the Township Forester first ask the immediate neighbors of contiguous Lots where the tree is removed whether they permit re-planting on their Lot. 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), the owner/applicant shall pay into the Tree Removal and Replacement Fund in accordance with this Chapter. 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

e, 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 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 property or Lot. 1. Tree Preservation and Replacement Trust Fund: A Tree Replacement Trust Fund dedicated to receive and disburse replacement tree fees when the permit Deleted: site Deleted: owner/applicant Deleted: shall replant the tree(s) on the immediate adjacent properties.¶

Draft 2/7/24—Administration Revisions to the Amended Tree Removal Ordinance 16 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 two (2) years 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. 3. The amount to be paid to the Tree Replacement Fund shall be in accordance with Table “A” upon the approval of the Township Forester. Deleted: one (1) year

Draft 2/7/24—Administration Revisions to the Amended Tree Removal Ordinance 17 TABLE A DBH of Tree Required Action Amount to Tree Replacement Fund 4”-6.0” Replace with one 2.5” inch native non- pesticide/herbicide treated tree with a minimum of 6-feet tall To be prescribed by Resolution 6.1”-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 13.1”-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 23.1”-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 32” Replace with either five 4” inch native non- To be prescribed by Resolution Deleted: 2.5 Deleted: 3

Draft 2/7/24—Administration Revisions to the Amended Tree Removal Ordinance 18 pesticide/herbicide treated tree; or ten 2.5” native non- pesticide/herbicide treated trees. Each tree shall be a minimum of 6-feet tall.

Draft 2/7/24—Administration Revisions to the Amended Tree Removal Ordinance 19 § ___-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.

Draft 2/7/24—Administration Revisions to the Amended Tree Removal Ordinance 20 § ___-10: Violations and Penalties a. Any person, firm, partnership, corporation, association, or other legal entity violating any of the provisions of this article shall, upon conviction of such violation, be punished by a fine not to exceed the amount set forth by Resolution, prescribed in accordance with N.J.S.A. 40:49-5for 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 permit(s) associated with a property and terminate 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 who 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, within a period of five (5) years: 1. First Offense: 90-day suspension; 2. Second Offense: 180-day suspension; 3. Third Offense: One year suspension; and 4. Any offense thereafter: permanent suspension. Deleted: $2,000 Deleted: Commented [SG12]: This was changed to ensure that the fine can be amendable by Resolution, and is set forth in accordance with State Law. Deleted: whom