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

start of construction, tree protection or other protective barriers, including a stormwater management barrier (Silt fencing around the limited line of disturbance (LOD)) shall be placed around trees that are not to be removed. The protective barriers shall be placed at the outermost edge beyond the drip line or tree canopy. All protective barriers shall remain in place until all construction activity is terminated. No equipment, chemicals, soil deposits or construction materials shall be placed within any area so protected by barriers. Any landscaping activities performed subsequent to the removal of the barriers shall be accomplished by hand labor and only using light machinery where necessary. 2. Storing and placing building material or debris or placing construction equipment within the drip line. d. Exemptions. The following are exempt from the permit requirement of Subsection (a) above: 1. Property owners may remove hazardous or non-viable trees under Emergency Conditions prior to obtaining a Tree Removal and Replacement Permit. However, following the emergency removal of the tree or trees, the property owner or agent thereof shall complete the Emergency Tree Removal and Replacement Form within seven (7) days of the removal. The person seeking emergency removal shall provide photographic and written proof of the Emergency Conditions by the Licensed Tree Expert to the Township Forester and 8 Commented [PS25]: Replace with “tree protection” Deleted: snow fencing Deleted: outennost Deleted: Deleted: Deleted: Deleted: Deleted: tenninated Deleted: Deleted: perfonned Deleted: by Deleted: Deleted: Qualified

11-24-2025 Ordinance on First Reading include a hazard tree evaluation form at that time. Tree stumps must be preserved for inspection by the Township Forester and all removed tree(s) must be replaced on a one-to-one ratio within two-years of removal. 2. Activities lawfully conducted on public lands or rights-of-ways by or on behalf of a local, county, state, federal or other governmental agency or entity, or a utility company, provided however, that to the extent possible, such entity shall provide a courtesy review of any tree removal and replacement to the Township Forester. Deleted: 5/22/24-Accepting Changes from 5/7/24 Meeting and Incorporating Amendments from¶ 5/21/24 Council Meeting… Formatted: Font: Not Bold Formatted: Indent: Left: 0.08", Space Before: 3.1 pt Deleted: fonn 3. Tree removal in conjunction with a Woodland Management Plan(s) must be approved by the N.J. Forest Service. e. Development applications. Every development application filed with the Land Use Board that proposes tree removal and replacement shall: 1. Preserve fifty (50%) percent of the tree canopy on each developed Lot, and seventy (70%) percent on any undeveloped Lot. 2. Comply with all prohibitions and procedures listed in this Ordinance including but not limited to, providing the Township Forester and Land Use Board with a report from a Licensed Tree Expert outlining the reasons stated for the removal of tree(s) on the Lot, a tree replacement plan, and response from the Township Forester outlining their approval or disapproval of the tree removal application. If replanting or replacement of trees is performed offsite, the developer shall, apart from the fees paid into the Tree Replacement Fund, hire a landscape architect, licensed by the State of New Jersey, to oversee the species, quantities and placement of replacement trees. This shall be completed prior to the Construction Official and/or appropriate Township Official having issued a Final Certificate of Occupancy or within six (6) months of completion of the development. A bond shall be posted to ensure compliance and two-year survival of the replanted trees. Deleted: Qualified Commented [PS26]: remove Commented [PS27]: add 28-4e.2: adjacent lot, another location (add-or, township property) Deleted: two year 3. Install protective fencing around the remaining trees and ensure the provisions of Chapter 28, Section

]: add 28-4e.2: adjacent lot, another location (add-or, township property) Deleted: two year 3. Install protective fencing around the remaining trees and ensure the provisions of Chapter 28, Section 4(c) are complied with. 4. Obtain a written report indicating that the Township Engineer or his/her designee(s) has inspected the site and certified that all soil erosion and sediment controls and stonnwater runoff controls required by this Chapter and applicable laws have been installed and completed. Copies of the certification shall be delivered to both the applicant and the Township Forester by the Township Engineer immediately after it is completed and made available to the public upon request; 5. Specify that no trees may be removed until after installation of stormwater runoff controls as required by this Ordinance, by Title 7, Chapter 8, § 7:8-5.4 and 9 Commented [PS28]: REMOVE-REPLACED BY #16 OF PROHIBITIONS ADDITION

11-24-2025 Ordinance on First Reading by Title 2, Chapter 90, Subchapter 1 of the New Jersey Administrative Code, respectively or any other applicable laws. Deleted: 5/22/24-Accepting Changes from 5/7/24 Meeting and Incorporating Amendments from¶ 5/21/24 Council Meeting… Formatted: Font: Not Bold Formatted: Indent: Left: 0.08", Space Before: 3.55 pt 6. Provide written notice to the Township Forester and the Land Use Board not less than seven (7) (14) days before any planned tree removal. 7. Ensure the Township Forester shall be onsite during all tree removal and replacement activities in connection with the development application. A stop work order may be issued by the applicable authority under this Chapter if the Township Forester is not onsite during the planned tree removal activities. Prior to the applicant's completion of its development project, the development applicant must have written permission/documentation from the Township Forester that the tree replacement has been completed in accordance with the development applicant's approved plan. 8. All parking lot owners shall maintain trees in compliance with Township Code § 25-12.l(o) and shall create or preserve 50% shade in the parking lots within twenty-five (25) years. f. If the proposed trees for removal are deemed by the Township Forester and/or a survey 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 28 § 10. 10 Commented [PS29]: 7 DAYS Deleted: fourteen Commented [PS30]: OR PRESERVE Commented [PS31]: SURVEY

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… § 28-5: Application Procedure for Tree Removal and Replacement Permits Formatted: Font: Not Bold Formatted: Space Before: 2.55 pt a. Every application for a tree removal and replacement permit shall be made by submission of the following: 1. Tree Removal and Replacement Application. The Applicant or Applicant's representative shall arrange for an infonnal in-person inspection by with the Township Forester. The Applicant shall clearly mark the trunk of each tree proposed to be removed at the height of four and one-half (4.5) feet above the ground so that such tree or trees may be inspected more easily by the Township Forester at any time after the initiation of the application procedure set forth herein. The Township Forester will explain this portion of the Ordinance and provide advice as to the condition, value and recommended care of other trees on the Applicant's Lot to satisfy the educational purpose of the Chapter. Upon request, the Township Forester shall assist any Applicant with completing the Tree Removal and Replacement Application required by this section. If the tree replacement is to be done on-site, a survey must be attached to the application to show the exact location of the replacement tree(s). The Township Forester's inspection shall confirm the location of the tree or trees sought to be removed, the reason for the application, and advise the Applicant whether the Tree Removal and Replacement Permit would be granted or denied based on the prohibitions contained in this ordinance. 2. An Applicant must submit to the Township Forester a Tree Removal and Replacement Application on forms provided by the Township. The Township Forester may request additional information to process the application. 3. The Tree Removal N eighbor Notification Form must be submitted to the Township with the Tree Removal and Replacement Application for the removal of any viable tree. The form shall be submitted in accordance herewith to all neighboring property owners who own the Surrounding Lots, as defined herein. The Applicant shall submit a written certification confirming the same. Failure to provide notice under this section shall be deemed a violation subject to enforcement under Chapter 28, § 10. 4. After

The Applicant shall submit a written certification confirming the same. Failure to provide notice under this section shall be deemed a violation subject to enforcement under Chapter 28, § 10. 4. After the Township Forester and the owners of the Surrounding Lots receive the Tree Removal Neighbor N otification Form for the removal of viable trees, the owners of the Surrounding Lots shall have seven (7) days to object to the proposed tree removal in writing articulating the basis for the objection. The Township Forester will have twenty- one (21) days thereafter to review any and all objections, the Tree Removal and Replacement Permit Application, and all other relevant documents to make a determination to grant or deny the Tree Removal and Replacement Permit. 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 for viable trees and $50 per application for non-viable trees. The fee for any additional tree removals shall be no less than $5 per application. A Tree Commented [PS32]: REMOVE Commented [PS33]: BY Deleted: Deleted: nn Deleted: N otification Commented [PS34]: FOR ANY VIABLE TREES. Deleted: fonn Deleted: confinning Commented [PS35]: FOR VIABLE TREES, Deleted: Pennit Deleted: detennination Commented [PS36]: CURRENTLY A $100 PERMIT FEE IS APPLIED ONLY TO VIABLE TREES. THE PURPOSE OF PERMITS FEES IS FOR INDIVIDUAL PROP OWNERS TO COVER TWSP ADMIN COSTS OF THEIR PROJECT, THE “PENALTY” IS IN THE REPLACEMENT REQUIREMENT; THE LOSS OF REVENUE TO THE TOWNSHIP IS IN THE AREA OF $50,000 ANNUALLY. EXAMPLE: 2024- (246) PERMITS ISSUED- FEE CHARGED FOR (11). 2025 YTD- (357) PERMITS ISSD- FEE CHARGED FOR (39). THE “PENALTY” FOR REMOVING VIABLE TREES IS COVERED IN THE REPLANTING PLAN. ALTERNATIVELY, IF THE PERMIT FEE WAS “NO LESS THAN $50.00”, NON-VIABLE TREES COULD BE $50.00 EACH, WHILE VIABLE TREES COULD BE $100.OO EACH. EXAMPLE: THE YTD WOULD BE: Viable trees 130@ $100 = $13,000 2025 YTD Non-V trees 573@ $50 = $28,650 2025 YTD Development $6,500 2025 YTD TOTAL $48,150 2025 YTD

a

11-24-2025 Ordinance on First Reading Removal and Replacement Application for a development application shall be prescribed by Resolution but no less than $500 per application. c. 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 Licensed Tree Expert's report addressing the factors set forth in Chapter 28 § 6 shall be submitted with each application. Deleted: 5/22/24-Accepting Changes from 5/7/24 Meeting and Incorporating Amendments from¶ 5/21/24 Council Meeting… Formatted: Font: Not Bold Formatted: Indent: Left: 0.07", Space Before: 3.35 pt, Line spacing: single Commented [PS37]: $500.00 (REASON- SOLAR PANELS AND DECKS SOMETIMES ONLY INVOLVE 1 TREE. COMPREHENSIVE DEVELOPMENTS PLANS WILL START AT $1,000) Deleted: $1,000 Deleted: Qualified 12

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… § 28-6: Factors to Address in Granting or Denying a Tree Removal and Replacement Permit Factors to be Considered Where Tree Removal And Replacement is Sought. 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 28 § 4(b)-(d), and the tree replacement requirements set forth in Chapter 28 § 8. In connection with a development application, an Applicant shall file a written report by a Licensed Tree Expert explaining how/why the prohibitions set forth in Chapter 28 § 4(b)-(e) are not violated and include a plan for tree replacement in accordance with Chapter 28 § 8. 13 Formatted: Font: Not Bold Formatted: Indent: Left: 0.08", Space Before: 3.05 pt Deleted: Qualified

11-24-2025 Ordinance on First Reading Deleted: 5/22/24-Accepting Changes from 5/7/24 Meeting and Incorporating Amendments from¶ 5/21124 Council Meeting… § 28_-7: Appeal of Denial of Tree Removal and Replacement Denial and granting of any application for a Tree Removal and Replacement Permit may be appealed directly to the appropriate board with written notice to the Secretary of the appropriate board within forty-fi ve (45) days of the decision by the Township Forester to grant or deny an application. Only those who own the Surrounding Lots who were required to be sent the Neighbor Notification Fonn shall have the right to appeal the decision of the Township Forester to grant a tree removal permit. Notice of the appeal shall be available via an Open Public Records Act (OPRA) request. shall be provided to all property owners who own a Surrounding Lot. The appellant who files the Appeal shall include a written report by a qualified professional engineer or planner. 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. All costs and fees associated with the Appeal shall be paid by the Appellant. Formatted: Font: Not Bold Formatted: Space Before: 3.75 pt Deleted: Pennit Deleted: approptiate Deleted: petmit Commented [PS38]: SHALL BE AVAILABLE VIA AN OPRA REQUEST. Deleted: wtitten Deleted: Qualified Tree Expert Commented [PS39]: DOESN’T SEEM LOGICAL. A TREE EXPERT WOULD HAVE TO ENTER PRIVATE PROPERTY OF THE APPLICANT IN ORDER TO PROPERLY ASSESS THE TREE. IF THE “EXPERT” IS ESTABLISHING COMPLIANCE, DOES THAT MEAN COMPLIANCE WITH THE ORDINANCE? WHAT WOULD QUALIFY THEM AS AN EXPERT IN THE ORDINANCE? Commented [RM40R39]: Perhaps an assessment from a licensed engineer or planner could give weight to such a written report. This way the appropriate board would have the benefit of professional testimony. 14