2946-25 TREE ORDINANCE UPDATED (Redlined) 11.21.25.doc.pdf

2846-24 AN ORDINANCE AMENDING CHAPTER 28 , SECTIONS 1-11 OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WEST ORANGE AND ESTABLISHING CERTAIN STANDARDS, PROCEDURES AND FEES FOR TREE PROTECTION, REMOVAL AND REPLACEMENT Deleted: REPEALING AND REPLACING CHAPTER 25… Deleted: 27 Formatted: Font: 11 pt, Bold WEST ORANGE, NEW JERSEY that Chapter 25, Sections 27 of the Revised General Deleted: CHAPTER 28 FOR ENVIRONMENTAL PROTECTION¶ (TREE PROTECTION, REMOVAL AND REPLACEMENT)… Ordinances of the Township of West Orange be and are hereby repealed and replaced with the Formatted: Font: 11 pt, Bold newly established Chapter 28 Sections 1-11 of the Revised General Ordinances of the Township Formatted: Indent: Left: 0.13", Hanging: 0", Right: 0.18", Line spacing: Multiple 1 li BE IT OR DAINED BY THE MUNICIPAL COUNCIL OF THE TOWNSHIP OF of West Orange, which establishes a Chapter dedicated to environmental protection in the Township of West Orange, and shall state as follows: Deleted: ofthe Deleted: ofthe Deleted: ofWest §28-1: Title This Section shall be known as the "Tree Protection, Removal and Replacement Ordinance of the Township of West Orange" Deleted: ofthe Deleted: ofWest §28-2: Findings and Purpose a. 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. 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

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 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 Deleted: ofTownship Deleted: ofoxygen Deleted: ofdrainage Deleted: ofdenuded Deleted: ofoxygen Deleted: ofAgriculture Deleted: ofrealtors 1 Deleted: beliefthat

11-24-2025 Ordinance on First Reading mature trees have a "strong or moderate impact" on the salability of homes listed for 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. Rogers. 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

rests 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 property belonging to another person. The issuance of permits is a procedure designed to effectuate these goals. 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. 2 Deleted: 5/22/24-Accepting Changes from 5/7/24 Meeting and Incorporating Amendments from¶ 5/21/24 Council Meeting… Formatted: Font: Bold Formatted: Space Before: 3 pt Deleted: Infonnation Deleted: years Deleted: RogerS Deleted: pennanent Deleted: ofTownship Deleted: Deleted: They are Deleted: infmm Deleted: property belonging

11-24-2025 Ordinance on First Reading Deleted: 5/22/24-Accepting Changes from 5/7/24 Meeting and Incorporating Amendments from¶ 5/21/24 Council Meeting… Formatted: Font: Not Bold §28-3 (Definitions) Formatted: Space Before: 3.25 pt The following definitions shall apply to this chapter: APPLICANT-Owner of property or person with authority to apply for a Tree Removal Permit on any Lot. Deleted: Pennit 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. Deleted: land or 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 Township Planning Board or Board of Adjustment 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 Licensed 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 REMOVAL AND REPLACEMENT FORM-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. Trees removed under emergency situations must be replaced in accordance with the requirements of this

the Township Forester if tree(s) are removed under Emergency Conditions pursuant to this Chapter. Trees removed under emergency situations must be replaced in accordance with the requirements of this Ordinance. 3 Deleted: outennost Deleted: Qualified Deleted: stonnwater

11-24-2025 Ordinance on First Reading 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. IMPROVED LOT-A parcel of land with a building or other physical improvements. Deleted: 5/22/24-Accepting Changes from 517/24 Meeting and Incorporating Amendments from¶ 5/21124 Council Meeting… Formatted: Font: Not Bold Formatted: Indent: Left: 0.09", Space Before: 3.55 pt Deleted: ofNew Formatted: Indent: Left: 0.58", First line: 0", Right: 0.06", Space Before: 2.4 pt, Line spacing: Exactly 27.7 pt INVASIVE VINE- Non- native vine that will climb up the tree and cause damage to thetree. LAND USE BOARD - The Planning Board or Zoning Board of Adjustment of the Township of West Orange. Deleted: Deleted: ¶ Deleted: Adjustment of Deleted: the¶ Township… LICENSED TREE CARE OPERATOR (LTCO)- A person licensed to perform basic tree maintenance services such as pruning, repairing, brush cutting or removal, tree removal and stump grinding or removal pursuant to N.J.S.A. 45:15C-1 et seq. and is registered by the Township. Formatted: Indent: Left: 0.58", Right: 0.07", Space Before: 0 pt LICENSED TREE EXPERT (LTE) A Licensed Tree Expert in New Jersey is a professional who has passed a state board exam and is certified to perform a wide range of tree care services, including pruning, treatment, risk assessment, and consulting pursuant to N.J.S.A. 45:15C-A et seq. This license requires a combination of education and/or experience, passing a comprehensive exam on tree biology, and maintaining continuing education credits. Formatted: Indent: Left: 0.5", Right: 0" 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. Formatted: Indent: Left: 0.57", Right: 0.06", Space Before: 0 pt 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 Licensed Tree Expert and/or the Township Forester determines is dead, dying or otherwise non-viable, or impeding on hardscape, foundations or slabs. PROPERTY LINE TREE-Shall mean a tree whose tree-trunk is on more than

t and/or the Township Forester determines is dead, dying or otherwise non-viable, or impeding on hardscape, foundations or slabs. PROPERTY LINE TREE-Shall mean a tree whose tree-trunk is on more than one Lot and/or on the boundary of the Lot. PROPERTY OWNER - The owner of a parcel of real estate, including but not limited to, any other individual, group, company, firm, corporation, partnership, association, society or other legal entity. PRUNING- Pruning is the selective removal of branches or limbs of a tree. REPLACEMENT TREE -A native tree species approved by the Township Forester and Formatted: Font color: Custom Color(RGB(45,45,45)), Character scale: 103% Deleted: Qualified Deleted: the¶ Township… Commented [PS1]: Or impeding on hardscape, foundations or slabs. Deleted: . Commented [PS2]: Person should be replaced with Property Owner Deleted: PERSON - The owner of a parcel of real estate or any other individual, group, company, finn, corporation, partnership, association, society or other legal entity.¶ Commented [PS3]: Person should be replaced with Property Owner Formatted: Font: 11 pt, Bold, Font color: Custom Color(RGB(54,54,54)), Character scale: 102% Formatted: Indent: Left: 0", First line: 0" Commented [PS4]: QUALIFIED TREE EXPERT should be changed to LICENSED TREE EXPERT (LTE) (same definition). *AND WORDING SHOULD BE REPLACED IN THE ENTIRE ORDINANCE* -An LTE is a state certification required for some of the issues addressed in the ord.ADD: Licensed Tree Care Operator (LTCO): Whose business is registered with the Township. Deleted: QUALIFIED TREE EXPERT - A New Jersey Licensed Tree Expert pursuant to¶ N.J.S.A. 45:15C-ll et seq. and is registered by the Township.¶

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 4

11-24-2025 Ordinance on First Reading 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. Deleted: 5/22/24-Accepting Changes from 517/24 Meeting and Incorporating Amendments from¶ 5/21124 Council Meeting Formatted: Font: 11 pt, Not Bold Formatted: Space Before: 3.3 pt 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, 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. SURROUNDING LOTS- The Lots immediately contiguous to the Applicant's Lot and the three (3) Lots immediately across the street from the Applicant's Lot, provided they are within one-hundred (100) feet of the Applicant's Lot and the tree’s center. If the Applicant's Lot is located on the corner of a street, then the Surrounding Lots shall include each Lot contiguous the Applicant's lot, and the three (3) lots nearest to the Applicant across both roadways, provided they are within one-hundred (100) feet of the Applicant's Lot. 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 Licensed 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. Deleted: m Commented [PS5]: ADD: and the tree’s center. **as written, 100 feet from every side and range of the property. If the tree is in a rear yard, the neighbors across the street, 100 feet from the front property line, should not have to be notified.** Deleted: . Formatted: Indent: Left: 0.5", Right: 0.04", Line spacing: single Deleted: Qualified Deleted: Townshi Deleted: p 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