2839-24 Draft Amended Tree Removal Ordinance 4876-5203-6254 v.1 (1.17.24).pdf

13 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. TABLE A DBH of Tree Required Action Amount to Tree Replacement Fund 2.5”-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 23”-32” Replace with either four 4” inch native non- pesticide/herbicide treated tree; or eight 2.5” native non- pesticide/herbicide treated trees. Each To be prescribed by Resolution

14 tree shall be a minimum of 6-feet tall. Over 33” Replace with either five 4” inch native 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. To be prescribed by Resolution § ___-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. § ___-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 $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 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 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

15 4. Any offense thereafter: permanent suspension. § ___-11: Severability, Repeal of Inconsistent Ordinances, and Effective Date Any and all parts of ordinances which are inconsistent with any of the terms and provisions of this section be and the same are hereby repealed as to and to the extent of such inconsistency. Any and all parts of ordinances which are inconsistent with any of the terms and provisions of this section be and the same are hereby repealed as to and to the extent of such inconsistency. This section shall take effect upon final passage and publication as required by law. SUSAN MCCARTNEY, MAYOR BILL RUTHERFORD, COUNCIL PRESIDENT KAREN J. CARNEVALE, R.M.C. MUNICIPAL CLERK INTRODUCED: February 27, 2024 ADOPTED: March 12, 2024

16 2839-24 Legislative History The purpose of this ordinance is to repeal and replace Chapter 25, Sections 27 of the Revised General Ordinances of the Township of West Orange and to create a new Chapter of the Township Code for the purpose of protecting trees which are among the Township’s most valuable natural resource assets, which greatly enhance the appearance of the Township and contribute to its suburban and residential character, which must be kept and maintained in good order to enhance the Township’s physical and aesthetic appearance, and generally protect the public health and safety as well as the general welfare. Importantly, trees contribute positively to climate change, protection of the environment, and maintenance of storm waters.