Conference/Public Meeting Agendas/Documents — Packet

antageous thinning of an existing overgrown area or the removal of dead or diseased trees; 7. Whether proposed changes in the topography of the area where such tree(s) are located will create conditions, which may be injurious to the trees or other trees located nearby so as to require welling, construction of an aerification system, or tree removal or replacement; and 8. Whether the proposed cutting or removal would remedy a safety hazard to persons or structures. c. Review Standards to be Applied Where Tree Removal is Sought. A tree removal permit may only be granted subject to the following terms and conditions: 1. Applicant shall demonstrate that: (a) To the greatest extent possible, existing vegetation shall be preserved; (b) To the greatest extent possible, specimen trees and other large trees (ten (10) inch DBH and greater) shall be preserved; (c) On all residential lots existing natural screening and woodlands between lots, along property lines and between buildings shall be preserved to the greatest extent possible; (d) Suitable habitats shall be preserved for species of animals (including migratory animals) that are designated as endangered or threatened by Federal or State governmental authorities to the greatest extent possible; 148

DRAFT PROPOSED REVISIONS – OCTOBER 2011 2. The appropriate Land Use Board must make an express finding that the tree removal proposed by the applicant will not result in or cause, increase or aggravate any or all of the following conditions: (a) Impaired growth or development of remaining trees or shrubs on the property of the applicant or upon adjacent property; (b) Soil erosion, sedimentation and dust; (c) Stormwater or drainage problems; (d) Significant diminution of the screening between existing or proposed buildings or roads on site and adjacent land or in the wooded aspect of the lot or site from any adjacent road; (e) Sewerage problems; or (f) Dangerous or hazardous conditions. (Ord. No. 2177-08 § 1) 25-27.8 Approval of a Permit and Tree Replacement Requirement. a. To approve a tree removal permit connected with a development application or a proposed new development project, the Land Use Board also must find the following: 1. At least thirty (30%) percent of the trees on each particular lot or development site shall be preserved; 2. All other applicable ordinances and Federal and State statutes and regulations have been complied with. b. Any tree removal permit in connection with a development application or a proposed new development project shall specify that no trees may be removed until after installation by the applicant of stormwater runoff controls and Soil Erosion measures that are required by this ordinance, by Title 7, Chapter 8, Section 7:8-5.4 and by Title 2, Chapter 90, Subchapter 1 of the New Jersey Administrative Code, respectively. c. If the application for tree removal is not the subject of a development application, the officer shall decide within sixty (60) days of the submission of a completed tree removal permit application whether or not to grant the tree removal permit and shall promptly notify the applicant and any objectors. However, where the application is made in connection with a development application, the decision on the application for a tree removal permit shall be made by the Land Use Board and, if the application is granted, the permit shall be issued by the

development application, the decision on the application for a tree removal permit shall be made by the Land Use Board and, if the application is granted, the permit shall be issued by the officer. d. Immediately after a decision is rendered granting a tree removal permit, the applicant shall visit the site and clearly mark each tree that has been approved for removal. In the case of a new development, the applicant must give the officer notice of when the tree removal is proposed to take place at least two (2) weeks in advance. If the officer cannot be present on the day or days proposed for removal, he shall designate days for the removal when he can be present, which shall be binding on the applicant. The officer shall be present on the site to monitor all cutting and removal of trees, in order to ensure that only those trees which he authorized to be cut down and removed are cut down and removed and that all trees which he required to be preserved are preserved. e. No tree cutting or removal may take place in connection with a new development unless the Township Engineer has inspected the site and certified that all soil erosion and sediment controls and stormwater runoff controls required by this chapter and applicable State law have been installed and completed. Copies of the certification shall be delivered to both the applicant and the officer by the Township Engineer immediately after it is made. 149

DRAFT PROPOSED REVISIONS – OCTOBER 2011 f. Permits granted under this chapter shall run with the land and shall remain in force and effect for twelve (12) months from the date of issuance. g. Tree replacement, as approved by the officer, Land Use Board, or Township Engineer, shall be required on the removal site as follows: 1. (a) To the greatest extent possible, for each tree removed pursuant to the standards of this chapter of a DBH of four (4) inches to no more than six (6) inches, the applicant shall plant a major or minor tree as defined in this chapter on the removal property; and (b) To the greatest extent possible, for each tree removed pursuant to the standards of this chapter of a DBH of more than six (6) inches, the applicant shall plant a major tree as defined in this chapter on the removal property. 2. In the case of a permit in connection with an improved lot, no tree replacement shall be required. 3. Tree replacement required by this chapter shall be completed within two (2) years of tree removal unless the officer grants an extension until the next appropriate planting season if necessary. 4. In no instance is tree replacement to be considered a penalty, but rather it implements the purposes of this chapter. Tree replacement shall not be a substitute for, but shall be in addition to, any penalty imposed for violation of the provisions of this chapter. (Ord. No. 2177-08 § 1) 25-27.9 Protection of Existing Trees. a. In connection with any construction, prior to the issuance of a building permit or start of construction, snow fencing or other protective barriers acceptable to the official charged with the administration and enforcement of this chapter shall be placed around trees that are not to be removed. The protective barriers shall be placed beyond the drip line, but in no event less than ten (10) feet from the trunk, of any tree and 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 subsequent to the removal of the barriers shall be

nt, chemicals, soil deposits or construction materials shall be placed within any area so protected by barriers. Any landscaping activities subsequent to the removal of the barriers shall be accomplished with light machinery or hand labor. b. No person shall: 1. Cut down or remove any tree, except as permitted by this chapter, or allow or cause such cutting or removal; 2. Cause or allow any willful damage, injury or disfigurement of any tree growing within the Township. For purposes of this subsection, the actions of any person shall be deemed willful if the damage, injury or disfigurement of any tree is caused as the result of but not limited to the following: cutting, gashing or slitting of any tree; the pouring of any liquid or other material on any tree; or on the nearby ground; the construction or placement of any nonporous material on the ground around any tree so as to cut off air, light or water from the roots; or placement or removal of any soil from within the drip line, but in no event less than ten (10) feet from the trunk, of any tree; or 3. Store or pile building material or debris or place construction equipment within the drip line, but in no event less than ten (10) feet from the trunk, of any tree. c. If any tree to be saved in connection with construction as set forth above or any replacement tree planted pursuant to this chapter shall die within two (2) years it shall be replaced by the applicant or the property owner within six (6) months. 150

DRAFT PROPOSED REVISIONS – OCTOBER 2011 (Ord. No. 2177-08 § 1) 25-27.10 Administration and Enforcement. In administering and enforcing this chapter, the officer, 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 chapter is witnessed or reported. (Ord. No. 2177-08 § 1) 25-27.11 Violations and Penalties. a. Any person who violates any provision of this chapter shall, upon conviction thereof, be punishable by up to the maximum penalties prescribed by N.J.S.A. 40:49-5, establishing maximum penalties for violation of municipal ordinances generally, and as the same may be amended, the maximum penalties at the time of passage of this chapter being a fine not exceeding two thousand ($2,000.00) dollars or imprisonment for a term not exceeding ninety (90) days, or a period of community service not exceeding ninety (90) days, or any or all of those penalties, and each tree removed or damaged in violation of this chapter shall be deemed a separate offense. However, if a person is convicted of removing a specimen tree without a permit, he shall be punished by a fine which shall be a minimum of one hundred ($100.00) dollars or the highest minimum fine then allowed by N.J.S.A. 40:49-5, and up to the maximum fine then allowed, or by imprisonment for a term not exceeding ninety (90) days, or both. b. In addition, any person who cuts or removes a tree in violation of this chapter shall be required to plant a replacement tree on the removal site pursuant to subsection 25-27.8 of this chapter. If the tree that was illegally removed was a major tree, he must replant a major tree. If the tree that was illegally removed was a minor tree, he must replant a minor tree. c. The removal of a tree in violation of this chapter shall automatically suspend any existing tree removal permit(s) associated with a property and freeze the issuance of any future permits until the matter has been resolved and any required tree replacement has been completed. (Ord. No. 2177-08 § 1) 25-27.12 Severability. If any part of this chapter is determined to be invalid,

tter has been resolved and any required tree replacement has been completed. (Ord. No. 2177-08 § 1) 25-27.12 Severability. If any part of this chapter is determined to be invalid, such part shall be severed and its invalidity shall not affect the remaining parts of this chapter. (Ord. No. 2177-08 § 1) 25-27.13 Repeal of Inconsistent Ordinances. Any and all parts of ordinances which are inconsistent with any of the terms and provisions of this chapter be and the same are hereby repealed as to and to the extent of such inconsistency. (Ord. No. 2177-08 § 1) 25-27.14 Effective Date. This chapter shall take effect upon final passage and publication as required by law. (Ord. No. 2177-08 § 1) 151

DRAFT PROPOSED REVISIONS – OCTOBER 2011 SECTIONS 28-44 25-28 STEEP SLOPE AND NATURAL FEATURES ORDINANCE. 25-28.1 Background. Disturbances of steep slopes results in accelerated erosion processes from storm water runoff and the subsequent sedimentation of water bodies with the associated degradation of water quality and loss of aquatic life support. Related effects include soil loss, changes in natural topography and drainage patterns, increased flooding potential, further fragmentation of forest and habitat areas, and compromised aesthetic values. It has become widely recognized that disturbance of steep slopes should be restricted or prevented based on the impact disturbance of steep slopes can have on water quality and quantity, and the environmental integrity of landscapes. Protection of other natural features, including State open waters, wetlands, wetland transition areas, flood hazard areas, floodways and riparian zones, is warranted to prevent flooding, protect water quality, preserve wildlife and aquatic habitat. 25-28.2 Statement of Purpose. It is the purpose of this chapter to provide development controls for all lands located with the Township of West Orange that have within their boundaries topographical conditions hereinafter defined as “steep slopes.” These controls are enacted to minimize the potentially adverse impacts associated with disturbance of steeply sloped areas. The most appropriate method of alleviating such conditions is the regulation of soil disturbance and vegetation removal in steep slope areas; limitation of building and impervious coverage; and reductions of densities and increase in lot areas in areas of steep slope. Such regulation promotes and protects the public health, safety and welfare of the township in their existing physical state or condition as of the effective date of the enactment of this chapter. It is also the purpose of this chapter to provide for environmentally sound development of a lot with adequate area located outside of natural features for the use and enjoyment of its occupants. 25-28.3 Definitions. BEDROCK shall mean continuous solid rock that underlies regolith. CLIFF FACE shall mean a sheer, nearly vertical slope of exposed bedrock. DISTURBANCE means the placement of impervious surface, the exposure or movement of soil or

lid rock that underlies regolith. CLIFF FACE shall mean a sheer, nearly vertical slope of exposed bedrock. DISTURBANCE means the placement of impervious surface, the exposure or movement of soil or bedrock, or clearing, cutting, or removing of vegetation. EFFECTIVE LOT AREA is an adjustment for the natural features including steep slopes, State open waters, wetlands, wetland transition areas, floodways, and riparian zones. The effective lot area shall be either equal or greater than the minimum lot area as defined in chapter 25-7.1 table of districts of regulations. EXCESSIVE STEEP SLOPE shall mean any steep slope 25% or greater. FLOOD HAZARD AREA shall mean the flood hazard area associated with State open waters (streams, rivers, lakes, ponds, etc.) and regulated streams as determined in accordance with the methodologies included in the NJ Flood Hazard Area Control Act rules N.J.A.C. 7:13 et seq. The flood hazard area shall be as determined by NJDEP in a Flood Hazard Area Verification pursuant to these rules. FLOODWAY shall mean the floodway area associated with certain State open waters (streams, rivers) and regulated streams as determined in accordance with the methodologies included in the 152

DRAFT PROPOSED REVISIONS – OCTOBER 2011 NJ Flood Hazard Area Control Act rules N.J.A.C. 7:13 et seq. The floodway shall be as determined and verified by NJDEP pursuant to these rules. IMPERVIOUS SURFACE means any structure, surface, or improvement that reduces or prevents absorption of storm water into land, and includes porous paving, paver blocks, gravel, crushed stone, decks, patios, elevated structures and other similar structures, surfaces, or improvements. RIDGE LINE shall mean the top of the First and Second Watchung Mountains as determined by analysis of topographic maps. RIPARIAN ZONE shall mean the buffer adjacent to State open waters/regulated waters as determined in accordance with the methodologies included in the NJ Flood Hazard Area Control Act rules N.J.A.C. 7:13 et seq. The extent of the riparian zone shall be as determined by NJDEP in a Flood Hazard Area Verification pursuant to these rules. ROCK CUT shall mean nearly vertical wall of rock created by or adjacent to roadway construction. ROCK WASTE shall mean the material comprising the talus slope of sliderock. STATE OPEN WATER shall mean streams, rivers, lakes and ponds as defined in the NJ Freshwater Wetlands Protection Act rules N.J.A.C. 7:7A. The location and extent of State open water shall be as determined by the NJ Department of Environmental Protection in a Letter of Interpretation. STEEP SLOPE means any slope equal to or greater than 10 percent as measured over any minimum run of 10 feet. Steep slopes are determined based on contour intervals of two feet or less. TALUS SLOPE shall mean the apron, cone, or embankment of the rock waste sloping outward from the base of the cliff face that is the course of the rock waste. TOP OF CLIFF shall mean the portion of a hill located above the cliff face. WETLAND TRANSITION AREA shall mean wetland transition area as defined in the NJ Freshwater Wetlands Protection Act rules N.J.A.C. 7:7A. The location and extent of wetland transition areas on a lot shall be as determined by the NJ Department of Environmental Protection in a Letter of Interpretation. WETLANDS shall mean wetlands as defined in the NJ Freshwater Wetlands Protection Act rules N.J.A.C. 7:7A. The location and extent of wetland s on a lot shall be as determined by the NJ Department of Environmental Protection in a Letter of