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

wnshi 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 side. TREE CANOPY-Tree canopy means the layer of leaves, branches, and stems of trees that cover the ground when viewed from above and that can be measured as a percentage of a land area shaded by trees. TREE OF HEAVEN- (Alianthus altissma) An invasive tree that attracts JapaneseSpotted Lantern flies which pose a serious threat to the native ecosystem. TREE PROTECTION- Fencing during construction which includes 4-foot welded wire fencing and a wood chipped area and out of sight of neighboring properties. TREE REMOVAL-Stage 1- Removal of a tree to the ground level, including all cut wood and debris unless in a wooded area and out of sight of any and all neighboring properties. TREE REMOVAL-Stage 2- Removal of all tree limbs and felled debris, and leaving the stalk/trunk at a height which would not intrude upon surrounding lots should it fall. TREE REMOVAL NEIGHBOR NOTIFICATION FORM - A form required to be completed by an Applicant seeking to remove any viable trees. The applicant shall certify that that the Tree Removal Neighbor Notification Fonn has been delivered to all neighbors who own Surround Lots, as defined herein, to the Applicant's property line in accordance Commented [PS6]: ADD NEW: TREE PROTECTIONFENCING DURING CONSTRUCTION WHICH INCLUDES 4’ WELDED WIRE FENCING AND A WOOD CHIPPED AREA TO INCLUDE 1’ OF CHIPS FOR EACH INCH OF DIAMETER. Commented [PS7]: ADD NEW: TREE REMOVALSTAGE I- REMOVE TREE TO GROUND LEVEL. REMOVE ALL CUT WOOD AND DEBRIS UNLESS IN A WOODED AREA AND OUT OF SIGHT OF NEIGHBORING PROPERTIES. STAGE II- REMOVING ALL LIMBS AND FELLED DEBRIS LEAVING STALK/TRUNK AT A HEIGHT NOT TO INTRUDE ON SURROUNDING LOTS SHOULD IT FALL. Deleted: ¶ Formatted: Indent: Left: 0.58", Right: 0.05", Space Before: 0 pt Commented [PS8]: ADD- VIABLE [TREES] **REASONNON-VIABLE TREES ARE HAZARDOUS AND SHOULD BE REMOVED IMMEDIATELY. NEIGHBORS SHOULD NOT HAVE INPUT FOR HAZARD TREES AND TO AVOID LIABILITY TO THE TOWN, NO DELAY SHOULD BE CREATED BY TOWNSHIP ORDINANCE. Deleted: The applicant Deleted: propetiy

with this Chapter. TREE REMOVAL AND REPLACEMENT APPLICATION- A form completed by the Applicant provided by the Township which shall be submitted to the Township Forester in accordance with Chapter XXX,§ 5. 5

5/22/24-Accepting Changes from 5/7/24 Meeting and Incorporating Amendments from 5/21/24 Council Meeting TREE REMOVAL AND REPLACEMENT PERMIT-A permit issued by the Township Forester to an Applicant who complies with all tree removal and replacement procedures set forth in this Chapter. TREE REPLACEMENT FUND-A dedicated fund established pursuant to this chapter. The purpose of the fund is to permit t applicant who removes any tree and demonstrates lack of feasibility in replanting replacement trees on-site the ability to contribute to the Fund. The amount of the fee that the applicant shall contribute must be made in accordance with the provisions of this chapter; specifically, Chapter 28§ 8. VIABLE TREE- a “viable tree” is implicitly a living tree that is in fair or better condition and has a reasonable anticipated life span of ten (10) years or more. VOLCANO MULCHING-Piling mulch against the trunk of a tree in the shape of a volcano causing tree roots to circle the trunk and subsequently weaken the tree. Thus, the tree root flare, which is the connection with the trunk root and the surface of the ground, shall remain visible at all times. §28-4: Tree Removal and Replacement Permits a. No person shall be granted permission to remove more than two (2) v i a b l e trees within a twenty-four (24) month period, however, if a person desires to improve their property by removing more than two (2) viable trees within twenty-four (24) months, the applicant shall provide an application to the appropriate department along with a tree removal and replacement application. No person shall cut, remove, or engage in activities that encroach upon the health of a tree or remove a tree with a DBH of four two-and-a-half (4) inches or greater without first having been issued a Tree Removal and Replacement Permit from the Township. To obtain a permit, the Applicant must comply with the procedures set forth in Chapter 28, § 5 and any replacement procedures in§ 8. Deleted: pennit Commented [PS9]: REPLACE WITH: THE Commented [PS10]: REPLACE WITH: ANY Deleted: pennit Deleted: any Deleted: anya viable tree Commented [PS11]: REPLACE WITH: CONTRIBUTE Deleted: pay a fee Deleted: specifically Deleted: Replacement Permits Commented [PS12]: ADD: VIABLE Deleted: pennission Commented [PS13]: ADD: VIABLE Deleted: depatiment Commented [PS14]: REPLACE WITH: OF FOUR-INCHES Deleted: " Deleted:

lly Deleted: Replacement Permits Commented [PS12]: ADD: VIABLE Deleted: pennission Commented [PS13]: ADD: VIABLE Deleted: depatiment Commented [PS14]: REPLACE WITH: OF FOUR-INCHES Deleted: " Deleted: Penn.it 1. If any tree(s) sought to be taken down that are delineated by the Township Forester as viable or non-viable, the person seeking removal or who has removed tree(s) must comply with the tree replacement provisions set forth in Chapter 28§ 8 and the Chart at Table "A;" unless the tree(s) removed are replanted on the Lot where the tree removal occurred. 2. All Tree Removal and Replacement Permits issued for viable trees shall be posted on the tree(s) to be removed and, if no structure exists, in the property owner's front door/window, so the tree removal permit is visible to any member of the public not less than seven (7) business days prior to removal. Permits for non-viable trees must be posted in a front-facing window or door for a period of 7 days but are not required to be placed prior to removal. 3. For non-development applications, the Township Forester shall decide to grant Commented [PS15]: FOR VIABLE TREES Commented [PS16]: ADD: IF NO STRUCTURE EXISTS, Deleted: Commented [PS17]: ADD: PERMITS FOR NON-VIABLE TREES MUST BE POSTED IN A FRONT-FACING WINDOW OR DOOR FOR A PERIOD OF 7 DAYS BUT ARE NOT REQUIRED TO BE PLACED PRIOR TO REMOVAL.

or deny a Tree Removal and Replacement Permit Application within 30 days of submission and shall notify the applicant and any objectors who have contacted the Township Forester. Application(s) made in connection with a development 6

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… application shall comply with the procedures set forth in Chapter 28 § 4(e) and shall be adjudicated by the Land Use Board. If the application is granted, the permit shall be issued by the Township Forester. Formatted: Font: Not Bold 4. Permits granted under this section shall run with the land and shall remain in force and effect for 12 months from the date of issuance. Any permit not acted upon within a period of 12 months after issuance shall become null and void. Deleted: pennit Formatted: Centered, Indent: Left: 0.06", Right: 0.33", Space Before: 2.9 pt b. Prohibitions. Notwithstanding Subsection (a) above, no person shall do any of the following: 1. Cut down or remove any viable tree within wetlands, flood hazard areas, riparian zones, or other areas protected by state or federal law or applicable EPA or NJDEP regulations; 2. Cut down or remove any viable 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. 4. Cut down or remove any viable 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 viable tree unless it is performed by a tree contractor that is Qualified Tree Expert and who shall be registered with the Township of West Orange pursuant to § 527.1 et seq. Commented [PS18]: TREE CONTRACTOR THAT IS 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. Remove viable trees within one hundred (100) feet of a ridgeline. 8. Remove viable trees which will impair the growth and development of the remaining trees on the applicant's Lot or on adjacent Lots. Commented [PS19]: ADD: VIABLE 9. Remove v i ab l e trees if tree removal will negatively alter existing drainage patterns and stormwater runoff. Commented [PS20]:

plicant's Lot or on adjacent Lots. Commented [PS19]: ADD: VIABLE 9. Remove v i ab l e trees if tree removal will negatively alter existing drainage patterns and stormwater runoff. Commented [PS20]: ADD: VIABLE 10. Remove viable trees if it will result in soil erosion. Commented [PS21]: ADD: ANY Deleted: tree

11-24-2025 Ordinance on First Reading 11. 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: 5/22/24-Accepting Changes from 5/7/24 Meeting and Incorporating Amendments from¶ 5/21124 Council Meeting… Formatted: Font: Not Bold Formatted: Space Before: 3.65 pt 12. Remove viable trees if it would constitute a significant change in the screening between existing or proposed structures on roads and/or adjacent Lots. Commented [PS22]: VIABLE TREES 13. 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: topography of 14. Remove trees where it will impair suitable habitats and migratory zones for endangered or threatened species animals. 15. Engage in activities that cause harm to the health of the tree, including but not limited to, volcano mulching, cutting off light, water, or air, and/or fail to treat or remove invasive vines or the invasive Tree of Heaven which harbors Japanese Spotted Lantern Flies which cause harm to native species of trees. 16. Prior to the removal of any viable and/or non-viable tree within an environmentally sensitive area such as cliffsides, wetlands, steep slopes and not limited to those described in 1-15 above, Applicant is required to conduct the studies to determine the risks and mitigation measures for potential erosion at its own expense. These studies must be conducted by a New Jersey Licensed Professional Engineer to guide the Township and/or its representative in making informed and sound decisions. The Applicant will be required to set up an escrow account which fee will be set by resolution for the Township’s Professionals to review. The type of studies required are: 1. Ecological Survey-to assess threatened or endangered species, habitats and overall biodiversity in environmentally sensitive areas. 2. Geotechnical Report-to assess the stability and surface and subsurface properties of the ground to determine the consequences associated with the removal of trees in environmentally sensitive areas. 3. Hydrological Report-to assess the movement and management of water associated with the impact of removing trees in environmentally sensitive areas. 17. If a permit is

vironmentally sensitive areas. 3. Hydrological Report-to assess the movement and management of water associated with the impact of removing trees in environmentally sensitive areas. 17. If a permit is approved pursuant to Subsection 16 above, prior to the issuance of a permit, Applicant must provide a plan from the New Jersey Licensed Professional Engineer for the short- and long-term monitoring of environmentally sensitive areas such as cliffsides and steep slopes for stability. Where tree removal is required on slopes greater than ten (10) percent, a plan for short- and long-term monitoring must be prepared by a New Jersey Licensed Professional Engineer pursuant to the Township’s Steep Slope and Natural Features Ordinance at Chapter 25 § 28 et seq. Commented [PS23]: TREAT OR REMOVE PER Township Forester’s recommendation, Commented [PS24]: ADD: 16. Prior to the removal of any viable and/or non-viable tree within an environmentally sensitive area such as cliffsides, wetlands, steep slopes and not limited to those described in 1-15 above, Applicant is required to conduct the studies to determine the risks and mitigation measures for potential erosion at their own expense. These studies must be conducted by a N.J. Licensed Professional Engineer to guide the Township and/or its representative in making informed and sound and safe decisions. The Applicant will be required to set up an escrow account which fee will be set by resolution for the Township’s Professionals to review. The type of studies required are: 1.Ecological Survey- to assess threatened or endangered species, habitats and overall biodiversity in environmentally sensitive areas. 2.Geotechnical Report- to assess the stability and surface and subsurface properties of the ground to determine the consequences associated with the removal of trees in environmentally sensitive areas. 3.Hydrological Report- to assess the movement and management water associated with the impact of removing of trees in environmental sensitive areas. 17. If a permit is approved based on No. 16 above, prior to the issuance of a permit, applicant must provide a plan for a N.J. Licensed Professional Engineer for the short and longterm monitoring of environmentally sensitive areas such as cliffsides and steep slopes stability. The Applicant will be required to set up an escrow account for the Township’s Professionals to

and longterm monitoring of environmentally sensitive areas such as cliffsides and steep slopes stability. The Applicant will be required to set up an escrow account for the Township’s Professionals to review. c. Specific prohibitions related to construction activities: 1. In connection with any construction, prior to the issuance of a building permit or Deleted: connection with