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

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 Formatted: Indent: Left: 0.02", Right: -0.04", Line spacing: Exactly 12.95 pt § 28-8: Tree Replacement Every tree removed shall be replaced pursuant to this Chapter. In no instance is tree replacement to be considered a penalty, but rather the minimum requirement(s) to implement the purposes of this section. Tree replacement shall not be a substitute for, but shall be in addition to, any penalty imposed for violation of the provisions of this section. Tree replacement required by this Chapter shall be completed within six months of tree removal unless the Township Forester or Land Use Board grants an extension until the next appropriate planting season. If any replacement tree planted pursuant to this section is removed, fails to thrive, or dies within two years, it shall be replaced by the property owner within six months and the same shall be viable for an additional two (2) years. a. Tree replacement, as approved by the Township Forester, Land Use Board, and/or Township Engineer, shall be required to comply with Table "A," except that hazardous or non-viable trees removed pursuant to Emergency Conditions shall be replaced on a one-to-one basis at the approval of the Township Forester. Tree Replacement shall occur in the following p1iority to amplify the goals of this Chapter to maintain the existing tree canopy within specific areas of the Township: Commented [PS41]: EMERGENCY CONDITIONS SHOULD ONLY APPLY TO NON-VIABLE TREES WHICH ARE REQUIRED TO BE REPLACED ON A 1:1 BASIS ANYWAY. Deleted: ofthe 1. The owner/applicant shall replant tree(s) on the Lot that which they were removed. Deleted: ofthis 2. If the tree cannot be replaced on the Lot or an adjacent Lot, the applicant shall have the burden of demonstrating how such replacement on their Lot is not feasible. If the owner/applicant cannot replace tree(s) on the site from which they were removed, the owner/applicant may replant the tree(s) on the immediate adjacent properties or at another location as determined by the Township Forester. Deleted: Ifthe 3. If the owner/applicant is unable to replace tree(s) on the site that which they were removed or on the adjacent Lot(s), and the owner/applicant has less

d by the Township Forester. Deleted: Ifthe 3. If the owner/applicant is unable to replace tree(s) on the site that which they were removed or on the adjacent Lot(s), and the owner/applicant has less than three-fourths (3/4) of an acre of land, the owner/applicant shall pay into the Tree Removal and Replacement Fund in accordance with this Chapter. 4. If the owner/applicant has greater than three-fourths (3/4) of an acre of land, the owner/applicant must replace the removed trees on their Lot or an adjacent Lot in accordance with § 8(a)(l )-(2). b. The Forester shall prioritize the Tree Removal and Replacement Fund to locations closest to the site of removal to amplify the goals of this Chapter. In furtherance of said goals, the Township Forester shall seek to prioritize replanting within 1,000 feet of the property line, and, if not feasible, anywhere within the municipality in accordance with Table "A." c. Tree Replacement Fund. Pursuant to this section, unless the Township Forester has approved replacement of the removed tree(s) on the permit holder's property in 15 Deleted: ofthe Deleted: Ifthe Deleted: that Deleted: ofan Deleted: ofland Deleted: Ifthe Deleted: ofan Deleted: ofland Deleted: ofthis Deleted: ofsaid

5/22/24-Accepting Changes from 5/7/24 Meeting and Incorporating Amendments from 5/21124 Council Meeting accordance with Table "A," the Township Forester shall condition tree removal upon payment to the Tree Replacement Fund, established hereunder. The Township Forester shall require payment to the Tree Replacement Fund if a person removes any viable tree as determined by the Township Forester which is not replaced on the same Lot, provided, however, that the applicant's lot is less than three-fourths (3/4) of an acre. 1. Tree Preservation and Replacement Fund: A Tree Replacement Trust Fund dedicated to receive and disburse replacement tree fees when the permit applicant has conclusively demonstrated that it is not feasible to replace a tree(s) removed from the applicant's lot with other qualifying tree(s) planted on that site in accordance with Table "A." The Tree Replacement Fund may also accept contributions for its purposes from private or public sources. The amount to be paid in the Tree Replacement Fund shall be in accordance with Table "A" and shall be no less than $500 both to encourage on-site tree replacement, the preferred approach under the Ordinance, and to assure that the Township is fully reimbursed for all fees and costs associated with off-site tree replacements. These fees shall be fixed by resolution and must be spent for tree replacements within one (1) year of the deposit into the account. All details of this fund shall be available to the public upon request. The Tree Replacement Fund in no way relieves the Township from a yearly budgetary allocation dedicated to planting new trees in the Township. 2. The amount to be paid to the Tree Replacement Fund shall be in accordance with Table "A" upon the approval of the Township Forester. 16 Commented [PS42]: REPLACE WITH “ANY TREE”. PER 288 “EVERY TREE REMOVED SHALL BE REPLACED PURSUANT TO THIS CHAPTER.” Deleted: a Commented [PS43]: REMOVE Deleted: greater than the cost of on-site replacement Commented [PS44]: THE REQUIRED CONTRIBUTION TO THE TREE FUND IS $250.00. THE TOWNSHIP CURRENTLY PAYS BETWEEN $500-$750 PER 2.5” DBH TREE TO PURCHASE AND PLANT, AND THEN MUST MAINTAIN IN PERPETUITY. THIS DOES NOT COMPLY WITH THE PARAGRAGH. The township is required to follow the ordinance and replant on a 1:1 basis based on the contributions to the fund. The TWSP then will either have to make up for

IS DOES NOT COMPLY WITH THE PARAGRAGH. The township is required to follow the ordinance and replant on a 1:1 basis based on the contributions to the fund. The TWSP then will either have to make up for the monetary deficit OR will eventually lose tree count. Example: we currently have $30,000 in the fund to replant 120 trees but can only cover the cost of 60. Additionally, .

5/22/24-Accepting Changes from 5/7/24 Meeting and Incorporating Amendments from 5/21124 Council Meeting TABLE A DBH of Tree 4"-6" 6"-13" 13"-22" 23"-32" Over 33" Required Action Amount to Tree Replacement Fund Replace with one To be prescribed by 2.5" inch native non- Resolution pesticide/herbicide treated tree with a minimum of 6-feet tall Replace with either To be prescribed by two 4" inch native Resolution nonpesticide/herbicide treated trees; or four 2.5" native nonpesticide/herbicide treated trees. Each tree shall be a minimum of 6-feet tall. Replace with either To be prescribed by three 4" inch native Resolution nonpesticide/herbicide treated tree; or six 2.5" native nonpesticide/herbicide treated trees. Each tree shall be a minimum of 6-feet tall. Replace with either To be prescribe d by four 4" inch native Resolution nonpesticide/herbicide treated tree; or eight 2.5" native nonpesticide/herbicide treated trees. Each tree shall be a minimum of 6-feet tall. Replace with either To be prescribe d by five 4" inch native Resolution 17 Deleted: mmnnum Deleted: mmnnum Deleted: rx Deleted: mmrmum Deleted: rmrumum

5/22/24-Accepting Changes from 517124 Meeting and Incorporating Amendments from 5/21124 Council Meeting nonpesticide/herbicide treated tree; or ten 2.5" native nonpesticide/herbicide treated trees. Each tree shall be a minimum of 6-feet tall. Deleted: muumum 18

5/22/24-Accepting Changes from 5/7/24 Meeting and Incorporating Amendments from 5/21/24 Council Meeting § 28-9: 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. 19

5/22/24-Accepting Changes from 5/7/24 Meeting and Incorporating Amendments from 5/21/24 Council Meeting § 28-10: 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 pe1mit(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 4. Any offense thereafter: pe1manent suspension. 20 Deleted: finn Deleted: aiiicle Deleted: tenninate

5/22/24-Accepting Changes from 5/7/24 Meeting and Incorporating Amendments from 5/21/24 Council Meeting § 28 -11: Severability, Repeal of Inconsistent Ordinances, and Effective Date Any and all patis 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. Deleted: tenns 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. Deleted: tenns Deleted: repea led This section shall take effect upon final passage and publication as required by law. Formatted: Font: 12 pt Karen J. Carnevale, R.M.C., Municipal Clerk Joe Krakoviak, Council President Formatted: Font: (Default) Times New Roman, 11 pt, Bold, No underline Formatted: Font: (Default) Times New Roman, 11 pt, Bold, No underline, English (United States) Susan McCartney, Mayor Formatted: Font: (Default) Times New Roman, 11 pt, Bold, No underline Formatted: Indent: First line: 0.5" INTRODUCED: November 24, 2025 Formatted: Font: (Default) Times New Roman, 11 pt, Bold ADOPTED: December 9, 2025 Formatted: Font: 11 pt Formatted: Font: (Default) Times New Roman, 11 pt, Bold Formatted: Font: (Default) Times New Roman, 11 pt, Bold, Underline Formatted: Font: (Default) Times New Roman, 11 pt, Bold Formatted: Indent: Left: 3.5", First line: 0.5" Deleted: ¶ Deleted: ¶ 21 Formatted: Font: 12 pt Deleted: June 10,2024 Formatted: Font: (Default) Times New Roman, 12 pt ...

5/22/24-Accepting Changes from 5/7/24 Meeting and Incorporating Amendments from 5/21124 Council Meeting 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. 22 Deleted: Historv Deleted: ord inance Deleted: positi vely