Public Township Council Meeting — Packet

DRAFT PROPOSED REVISIONS – OCTOBER 2011 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 152.07 4 (Lot 3 not AreaAvenue in Conser- Comment [PG86]: fixed typo vation District as of Ordi-nance 1244-94, adopted 5/17/94). Comment [PG87]: not necessary 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

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 RESERVED. TREE PROTECTION AND REMOVAL. Comment [PG88]: relocated to Zoning chapter from separate chapter 143

DRAFT PROPOSED REVISIONS – OCTOBER 2011 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) 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

r 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 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

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 144

DRAFT PROPOSED REVISIONS – OCTOBER 2011 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 goals. (Ord. No. 2177-08 § 1) 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

amaged 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 to the Council a Township Woodlands Retention and Protection Plan and a Township Tree Inventory and Planting Schedule. Person shall mean the owner of a parcel of real estate or any other individual, group, company, firm, corporation, partnership, association, society or other legal entity. Qualified tree expert shall mean a New Jersey Licensed Landscape Architect, New Jersey Approved Forester, New Jersey Certified Tree Expert, or International Society of Arboriculture Approved Arborist. Replacement tree shall mean a tree of a species approved by the officer and of nursery grade, properly balled and burlapped, meeting the minimum measurements of a major or minor tree, respectively. 145

DRAFT PROPOSED REVISIONS – OCTOBER 2011 Species shall mean the common name of a tree. Specimen tree shall mean a tree in good health of unusual or exceptional form, size, age or shape for its species as evidenced by its inclusion in New Jersey's Big Tree List, or data base, published and coordinated by the New Jersey Forest Service, or having a Champion Tree point total (girth in inches plus height in feet, plus one quarter of average crown spread in feet) within ten (10%) percent of the point total of a tree of the same species listed in New Jersey's Big Tree List, published in "New Jersey's Big Trees", by the New Jersey Forest Service. Structure shall mean a combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land. Tree shall mean a self-supporting single-stem perennial woody plant having a diameter of at least four (4) inches measured at a point four and one-half (4.5) feet (or fifty-four (54) inches) from the ground at the base of the tree on its uphill side. Tree canopy shall mean the top layer or crown of a mature tree. (Ord. No. 2117-08 § 1) 25-27.4 Permit Required; Prohibitions and Exemptions. a. Permit. Any person desiring to cut down or remove a tree shall file an application for a tree removal permit issued pursuant to this chapter, and shall not commence the cutting down or removal of any tree without first having been issued a permit. b. Prohibitions. Notwithstanding paragraph a. above, no person shall be permitted to do any of the following: 1. Cut down or remove any 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 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 drainage alterations or mechanical damage. 4. Cut down or remove any tree on a slope of fifteen (15%) percent or greater in grade or on a slope where vegetation is presently stabilizing soils where a tree

echanical damage. 4. Cut down or remove any tree on a slope of fifteen (15%) percent or greater in grade or on a slope where vegetation is presently stabilizing soils where a tree removal permit is submitted in connection with a development application, or a parcel upon which a new development is contemplated. c. Exemptions. The following are exempt from the permit requirement of paragraph a. above: 1. For purposes of administrative convenience, up to three (3) trees may be removed on an improved lot within any three hundred sixty-five (365) day period. For enforcement and record-keeping purposes, every person removing one or more trees pursuant to this exemption shall file a tree removal report with the officer on a form to be provided by him or her, to document the tree(s) removed and date of removal. The tree removal report shall be filed within five (5) days of removal of the tree(s). 2. Cutting down or removal of a nonviable tree, or a tree that is an immediate hazard to structures or human life or property; and 3. Activities lawfully conducted on public lands or rights-of-way by or on behalf of a local, County, State, Federal or other governmental agency or entity, or a utility company. 4. Tree removal in conjunction with a Woodland Management Plan(s) approved by the N.J. Forest Service. 146

DRAFT PROPOSED REVISIONS – OCTOBER 2011 5. Tree removal on a golf course which is greater than seventy-five (75) feet from a property boundary. d. Development Applications. With regard to every development application that involves proposed tree removal, the applicant shall: 1. Schedule a meeting with the officer in connection with the development application for the purpose of evaluating the impact of this chapter on the plans for development; 2. Submit a qualified tree expert's report setting forth a tree removal and tree replacement plan when applicable. (Ord. No. 2177-08 § 1) 25-27.5 Application Procedure. a. Every application for a tree removal permit shall be made by submission of the following: 1. An original and two (2) copies of an application on forms provided by the Township containing the following information: the name and address of the applicant; the street address and tax lot and block of the property in question; and the number of trees proposed to be removed; 2. The submission of such additional information as the officer may require to assist him in the processing of the tree removal permit. b. Upon request, the officer shall assist any person who desires to apply for a tree removal permit with completing the application required by this section. c. Every development application shall include a tree removal plan which shall include a map drawn to scale showing the location of all trees to be removed and a qualified tree expert's report addressing factors and the standards set forth in subsection 25-27.7. d. The applicant shall clearly mark, in a manner approved by the officer, the trunk of each tree proposed to be removed at a height of four and one-half (4 1/2) feet above the ground so that such tree or trees may be inspected more easily by the officer. (Ord. No. 2177-08 § 1) 25-27.6 Fees. a. Except as provided below, the basic, nonrefundable fee for processing a tree removal permit application for an improved lot which is not the subject of a development application shall be twenty-five ($25.00) dollars, intended to cover such processing costs to the Township as a preapplication meeting, review and evaluation of the application, requisite site inspections,