Conference/Public Meeting Agendas/Documents — Packet

25-26.2 Public Lands within the Conservation District. The following Public Lands are designated as being within the Conservation District: a. Lands designated as Category C on the Zoning Map of this chapter used as public parks or public recreation areas, passive or active. b. Areas of potential use as public parks or public recreation areas designated on the Zoning Map as Category C. c. Undeveloped lands designated as Category C on the Zoning Map of this chapter which may have one (1) or more of the following characteristics: 1. Environmental sensitivity 2. Scenic views 3. Wildlife 4. Steep slopes 5. Wetlands d. Lands which are vital to the preservation of regional water supplies as designated on the Zoning Map* as Category C. (Ord. No. 904-88 § 25-6.7B) 25-26.3 Permitted Principal Uses in the Conservation District. In the Conservation District, no land or building structure shall be used and no building or structure shall be erected, constructed or altered to be used for any purpose other than the following: a. Utility facilities related to the protection, preservation or distribution of Regional Water Supplies. b. Park and recreation uses in areas meeting the definition of "open space" as set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-5. c. Forestry and natural cover, which are valuable in protecting Township wetlands and bottom lands that have a high water table or are subject to floods. d. The following uses, subject to the approval of the Planning Board: 1. Works for watershed protection, municipal water supply, power line rights-of-way, garbage disposal facilities and sewerage disposal facilities. 2. Noncommercial outdoor recreational uses limited to park, playground, athletic field, tennis, firearm and archery ranges, swimming and ice skating, together with customary accessory uses and buildings, including a clubhouse, provided that prior to public hearing the applicant shall obtain and deliver to the Planning Board reports from the Township Health Officer and from the New Jersey State Department of Environmental Protection

the applicant shall obtain and deliver to the Planning Board reports from the Township Health Officer and from the New Jersey State Department of Environmental Protection indicating that proposed structure or use will not seriously interfere with the flow of floodwater and will not endanger the public health and safety. 3. A Township owned, sponsored, or supported animal shelter may be created within the Conservation District but only upon Block 170, Lot 13. (Ord. No. 904-88 § 25-6.7C) * Editor's Note: Ordinance No. 2002-05, codified herein as subsection 25-18.15 was adopted March 1, 2005. 117

25-26.4 Accessory Uses. Uses customarily associated with the above uses, provided such accessory uses are subordinate to the principal use and serve only the principal use are permitted. (Ord. No. 904-88 § 25-6.7D) 25-26.5 Yards. For outdoor recreational facilities, for buildings and for structures, the front yards, side yards and rear yards shall not be less than fifty (50) feet from all street and property lines. (Ord. No. 904-88 § 25-6.7E) 25-26.6 Height of Buildings and Structures in Conservation District. No building or structure shall exceed one (1) story or twenty-five (25) feet in height, except that works for watershed protection and facilities for water supply and sewage disposal shall not exceed forty (40) feet in height. (Ord. No. 904-88 § 25-6.7F) 25-26.7 Off-Street Parking. Off-street parking facilities for uses permitted under subsection 25-26.3 shall be constructed or so located upon the lot as to have direct access to a public street or a private street as of the effective date of this subsection. (Ord. No. 904-88 § 25-6.7G) 25-26.8 Coverage. Not more than twenty-five (25%) percent of a lot shall be covered by buildings or structures, accessory buildings, and parking lot for the buildings and structures. (Ord. No. 904-88 § 25-6.7H) 25-26.9 Interpretation of Restrictions. The restrictions and controls imposed by this section are intended to be in addition to any other restrictions imposed by this chapter. Where this section imposed greater restrictions upon the use of buildings or premises of this chapter, then the provisions of this section shall control and supersede such other provisions. (Ord. No. 904-88 § 25-6.7I) 25-26.10 Periodic Review. This section shall be periodically reviewed by the Mayor, the Township Council and the Planning Board consistent with its required periodic Master Plan Review. (Ord. No. 904-88 § 25-6.7J) 25-26.11 Amendments. In the event that amendments are proposed to this section or to Schedule I of this chapter, the Chairperson of the Environmental Commission shall be notified in writing prior to first reading. (Ord. No. 904-88 § 25-6.7K) 25-26.12 Resolutions Affecting Land in the Conservation District. The Environmental Commission is to be notified, in writing, of any resolutions, proposed by or to the Township Council, which would impact any of the land designated as

in the Conservation District. The Environmental Commission is to be notified, in writing, of any resolutions, proposed by or to the Township Council, which would impact any of the land designated as part of the Conservation District. (Ord. No. 904-88 § 25-6.7L) 25-26.13 Schedule I. A schedule (Schedule I) is added to this chapter which lists those properties that are subject of this section and which are depicted on the Zoning Map. Where a difference exists between Schedule I and the Zoning Map, Schedule I controls. (Ord. No. 904-88 § 25-6.7M) 118

SCHEDULE I PUBLIC LANDS WITHIN THE CONSERVATION DISTRICT In accordance with the provisions of subsection 25-26.2 the following lands shall be designated as being within the Conservation District. a. Public Parks and Public Recreational Areas. Block Lot(s) 1. South Mountain Reservation 163 2, 5, 8 164 1 2. Eagle Rock Reservation 150 1 3. May Apple Hill Park 167 1 4. City of Orange Reservoir 162 2 163 1 5. O'Connor Park 172 29.02 6. Boland Park 165.06 1 7. Francis Byrne Golf Course 157.01 11 8. Degnan Park 154.19 6 9. Woodhull Field 55 8 10. Colgate Field 125.02 106 11. Lancaster Park 155.11 10, 12, 14, 16, 18, 22, 24 12. Rolling Green Hills 86.05 1, 2 13. Stagg Field 168 25 14. Mt. Pleasant School Field 172 29.01 15. Pleasantdale School Field 176.01 7 16. Washington School Field 125.01 40, 45, 63 17. Administration Building Field 154 20.03 18. Jenkins Field 16 5 19. Lafayette Park 61 27 20. Club Boulevard Tot Park 52.12 17 21. Byrne Park 118 20.01, 32 Block Lot(s) b. Potential Public Parks and Public Recreational Areas. 1. Crystal Lake Portion dedicated to Township 107 1.02 2. Area adjacent to Route 280 172.05 2-18 172.06 2-26 172.08 2-22 119

172.09 2-14 172.10 18-22 172.22 6 174 619 174 620 175.04 7-13, 414-420 175.05 1-480, 482-598 175.06 1-6 175.07 1-12 175.08 1-14 175.09 7-10 175.13 3-4 175.14 1-2 175.15 1-16 175-26 573-612 175-27 520-559 175-28 462-502 175-29 405-446 3. Area adjacent to Dogwood Road 165.06 1 4. Woodland Tract 170 13, 15.03, 17 Block Lot(s) c. Other Areas of Environmental Concern. 1. Land adjacent to Lancaster Field 155.11 34-35 2. Land adjacent to West Orange First Aid Squads 155.12 19 3. Wetlands on Byrne Golf Course Areas 157.01 Part of II 4. Wetlands on Woodland Avenue 152.07 4 5. Steep slope on Valley Way 140.02 50 6. Northfield-Rock Spring 159.05 1-8, 10 Avenue Tract 7. West Orange Armory 171 1, 3 (Ord. No. 904-88 § 25-6.7; Ord. No. 1244-94) 25-27 TREE PROTECTION AND REMOVAL. 25-27.1 Title. This chapter shall be known as the "Tree Protection and Removal Ordinance of the Township of West Orange." (Ord. No. 2177-08 § 1) 120

25-27.2 Findings and Purpose. a. The Township Council of 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, storm water 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 and screen against noise and pollution, provides protection against severe weather, 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 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 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 ten percent to a property's value (USDA Forest Service). "Landscaping, especially with trees, can increase property values as much as 20 percent." (Management Information Services/ICMA). "The net

t to a property's value (USDA Forest Service). "Landscaping, especially with trees, can increase property values as much as 20 percent." (Management Information Services/ICMA). "The net cooling effect of a young, healthy tree is equivalent to ten 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 5 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 percent and can save 20 - 50 percent 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. Roger S. Ulrich, Texas A&M University). c. It is the purpose of this chapter 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, which contribute to the destruction of or 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 boards, committees, commissions and officers in evaluating applications for tree removal and for site plan, subdivision and other land development approvals. They are further intended to inform those with interests in real property in the Township of the requirements to be followed with respect to 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

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. (Ord. No. 2177-08 § 1) 121

25-27.3 Definitions. The following definitions shall apply to this chapter: Conservation easement shall mean 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. DBH shall mean the measurement of the diameter of the trunk of a tree planted in the ground taken four and one-half (4.5) feet from ground level on the uphill side of the tree. Development application shall mean 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 shall mean a vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground beneath. Endangered or threatened species shall mean 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 shall mean a single parcel of land with a residential or commercial structure, that is occupied pursuant to and in compliance with all applicable laws and regulations. Land Use Board shall mean the Planning Board or Zoning Board of Adjustment of the Township of West Orange. Major tree shall mean a tree species with a mature height of at least fifty (50) feet, which shall be at least a two and one-half (2.5) inch caliper at the time of planting. Minor tree shall mean an evergreen tree, ornamental tree or other small tree at least six (6) feet in height at the time of planting. Nonviable tree shall mean a tree that the officer certifies is dead, dying, diseased or too damaged to survive. Officer shall mean the person primarily responsible for enforcing this chapter and who is qualified to do so by having the status of a New Jersey Approved Forester, New Jersey Certified Tree Expert, or an International Society of Arboriculture Approved Arborist, employed by, or 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