2838-24 Amended Tree Removal Ordinance_With Comments.pdf

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.