Public Township Council Meeting — Packet

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