Pemberton Township City Zoning Code
ARTICLE X
Tree Management Plan
§ 190-74 Purpose; requirements; compensatory planting.
[Amended 6-19-2024 by Ord. No. 19-2024]
A.
Purpose.
(1)
The indiscriminate, uncontrolled and excessive destruction, removal and cutting of trees upon lots and tracts of land within the Township has resulted in creating increased soil erosion and dust, led to the development of more greenhouse gas emissions, has deteriorated property values and further rendered land unfit and unsuitable for its most appropriate use, with the result that there has been deterioration of conditions affecting the health, safety and general well-being of the inhabitants of Pemberton Township. It is the intent, therefore, of this section to regulate and control the indiscriminate and excessive cutting of trees in the Township.
(2)
Trees are declared to be important cultural, ecological, scenic and economic resources. Proper management of this resource will ensure its maintenance and result in greater economic returns. A property tree management program is intended to meet the objectives of preserving, protecting, enhancing and maintaining trees and providing opportunities for continuing uses of forest resources which are compatible with the maintenance of the environment. This will be accomplished by ensuring proper management of forest and trees through the application of sound management practices. To that end, it shall be unlawful to cut down, damage, poison or in any other manner destroy or cause to be destroyed any trees covered by this section, except in accordance with the provisions of this section.
(3) APPLICANT CRITICAL ROOT RADIUS (CRR) DIAMETER AT BREAST HEIGHT (DBH) HAZARD TREE(a) (b) (c) (d) (e) PERSON PLANTING STRIP RESIDENT STREET TREE TREE TREE CALIPER TREE REMOVAL
Definitions. For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When consistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The use of the word "shall" means the requirement is always mandatory and not merely directory.
Means any "person," as defined below, who applies for approval to remove trees regulated under this section.
Means the zone around the base of a tree where the majority of the root system is found. This zone is calculated by multiplying the diameter at breast height (DBH) of the tree by 1.5 feet. For example: a tree with a 6" DBH would have a CRR = 6"x1.5' = 9'.
Means the diameter of the trunk of a mature tree generally measured at a point 4 1/2 feet above ground level from the uphill side of the tree. For species of trees where the main trunk divides below the 4 1/2-foot height, the DBH shall be measured at the highest point before any division.
Means a tree or limbs thereof that meet one or more of the criteria below. Trees that do not meet any of the criteria below and are proposed to be removed solely for development purposes are not hazard trees. [Municipalities may choose to require a licensed tree expert to make all hazard tree determinations.]
Has an infectious disease or insect infestation;
Is dead or dying;
Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective;
Is causing obvious damage to structures (such as building foundations, sidewalks, etc.); or
Is determined to be a threat to public health, safety, and/or welfare by a certified arborist or licensed tree expert (LTE).
Means any individual, resident, corporation, utility, company, partnership, firm, or association.
Means the part of a street right-of-way between the public right-of-way and the portion of the street reserved for vehicular traffic or between the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk.
Means an individual who resides on the residential property or contractor hired by the individual who resides on the residential property where a tree(s) regulated by this section is removed or proposed to be removed.
Means a tree planted in the sidewalk, planting strip, and/or in the public right-of-way adjacent to (or specified distance from) the portion of the street reserved for vehicular traffic. This also includes trees planted in planting strips within the roadway right-of-way, i.e., islands, medians, pedestrian refuges.
Means a woody perennial plant, typically having a single stem or trunk growing to a considerable height and bearing lateral branches at some distance from the ground.
Means the diameter of the trunk of a young tree, measured six inches from the soil line. For young trees whose caliper exceeds four inches, the measurement is taken 12 inches above the soil line.
Means to kill or to cause irreparable damage that leads to the decline and/or death of a tree. This includes, but is not limited to, excessive pruning, application of substances that are toxic to the tree, over-mulching or improper mulching, and improper grading and/or soil compaction within the critical root radius around the base of the tree that leads to the decline and/or death of a tree. Removal does not include responsible pruning and maintenance of a tree, or the application of treatments intended to manage invasive species.
(4)
The tree management plan contained in this chapter shall be applicable to all existing properties that fall within the jurisdiction of the Township of Pemberton and shall also include all nonresidential developments and new residential major subdivisions consisting of five or more units undertaking site plan activities if there are one or more live trees proposed to be cut or removed from the property.
B.
Existing properties. Any person planning to remove a street tree, as defined as tree removal, with DBH of 2.5 inches or more or any non-street tree with DBH of six inches or more on their property shall first apply for approval with the Township Zoning Officer. No tree shall be removed until municipal officials have reviewed and approved the removal.
(1)
Compensatory planting. In the event that preservation of existing vegetation on a property is impossible, then compensatory planting shall be required for each live tree on the site, and each specimen tree anywhere on the site. Compensatory trees shall be provided in the following ratios, based on the sum total of the diameter inches of trees being removed. These standards are applicable to both deciduous and evergreen trees. Compensation is not required for shrubs, unless otherwise required by the Board.
(a)
For trees five to 24 inches in diameter, one inch of new tree caliper shall be provided for every one inch of existing tree diameter cut or removed.
(b)
For trees 24 inches in diameter or greater (specimen trees), two inches of new tree caliper shall be provided for every one inch of existing tree diameter cut or removed.
(c)
For existing street trees within the right-of-way, one tree, with a caliper of three to 3 1/2 inches, shall be replanted in the street tree planting strip.
(d)
For other significant areas of woods containing deciduous trees smaller than five inches in diameter, or evergreens less than six feet in height, replanting shall be with seedling material, of comparable native species, placed on a ten-foot-by-ten-foot grid. Compensation shall be at a rate of one square foot of new planting area for one square foot area of disturbance. This material may be bare root or container-grown stock.
(e)
The number of compensatory trees should be calculated from the total diameter inches to be replaced, divided by three, rounded up to the next whole number.
(f)
Compensatory trees shall be three to 3 1/2 inches in caliper, and planted in accordance with the standards contained within the subsection above. Evergreen and ornamental trees may be substituted at a ratio of two to one shade tree, for up to 50% of the requirement. Alternative types of compensatory planting may be permitted, when approved by the Zoning Officer.
(g)
In the event that an applicant establishes to the satisfaction of the Zoning Officer that constraints incident to the land itself (including, without limitation, extreme topography, unsuitable soils, rock outcrops and existing uninterrupted dense canopy) render it impractical to locate on the lot the required number of compensatory trees, then, at the election of the Zoning Officer, the applicant shall:
[1]
Install a portion of the required compensatory trees on other public lands within the Township; and/or
[2]
Contribute to the Township the cost of those trees which cannot practically be installed on the property for later installation of trees on public lands. The fee shall be $35 per tree removed, up to a maximum of $700 per acre; and/or
[3]
Install fewer, larger or more valuable compensatory trees on the lot with an aggregate cost as installed and guaranteed not less than the estimated aggregate cost of the required number of compensatory trees.
[4]
Whichever alternative is elected by the Zoning Officer shall serve as the basis for calculating the required financial security in conformance with the above subsection.
C.
Development and redevelopment. All parts of properties being redeveloped, renovated or improved, as part of a subdivision or site plan application, shall be brought into compliance with the requirements of this chapter, to the extent possible.
(1)
Site plan requirements. A tree management plan shall contain the following information on a plot plan:
(a)
Location of existing natural features, including wooded areas, watercourses, wetlands, and floodplains.
(b)
Location of all existing or proposed buildings, driveways, grading, septic fields, easements, underground utility lines, rights-of-way, and other improvements.
(c)
Location of all existing live trees, with trunk diameters five inches or greater, measured 4 1/2 feet above ground level. Each tree shall be noted by its species, size and general health condition. Whenever possible, the actual canopy spread shall be shown. If it must be estimated, the canopy shall equal 1 1/2 feet of diameter per one inch of trunk diameter. If the trees to be preserved are part of a wooded area, only the outermost canopy line need be shown, unless disturbance is proposed; then individual trees located within 50 feet of the proposed edge of the woodland shall be shown.
(d)
Each tree, or mass of trees, to be removed or transplanted shall be clearly marked as such.
(e)
A chart tabulating the total number of trees and diameter inches being removed, the required diameter inches to be replaced, and the equivalent number of compensatory trees.
(f)
Specifications for the removal of existing trees and for the protection of existing trees to be preserved, including detail(s) of tree protection fencing.
(2)
Compensatory planting. In the event that preservation of existing vegetation on the site is impossible, then compensatory planting shall be required for each live tree on the site, and each specimen tree anywhere on the site. Compensatory trees shall be provided in the following ratios, based on the sum total of the diameter inches of trees being removed. These standards are applicable to both deciduous and evergreen trees. Compensation is not required for shrubs, unless otherwise required by the Board.
(a)
For trees five to 24 inches in diameter, one inch of new tree caliper shall be provided for every one inch of existing tree diameter cut or removed.
(b)
For trees 24 inches in diameter or greater (specimen trees), two inches of new tree caliper shall be provided for every one inch of existing tree diameter cut or removed.
(c)
For existing street trees within the right-of-way, one tree, with a caliper of three to 3 1/2 inches, shall be replanted in the street tree planting strip.
(d)
For other significant areas of woods containing deciduous trees smaller than five inches in diameter, or evergreens less than six feet in height, replanting shall be with seedling material, of comparable native species, placed on a ten-foot-by-ten-foot grid. Compensation shall be at a rate of one square foot of new planting area for one square foot area of disturbance. This material may be bare root or container-grown stock.
(e)
The number of compensatory trees should be calculated from the total diameter inches to be replaced, divided by three, rounded up to the next whole number.
(f)
Compensatory trees shall be three to 3 1/2 inches in caliper, and planted in accordance with the standards contained within the subsection above. Evergreen and ornamental trees may be substituted at a ratio of two to one shade tree, for up to 50% of the requirement. Alternative types of compensatory planting may be permitted, when approved by the Planning Board.
(g)
Locations of compensatory trees must be clearly labeled on the landscape plan. They may be placed anywhere on the site, but are in addition to other required trees.
(h)
In the event that an applicant establishes to the satisfaction of the Planning Board that constraints incident to the land itself (including, without limitation, extreme topography, unsuitable soils, rock outcrops and existing uninterrupted dense canopy) render it impractical to locate on the lot the required number of compensatory trees, then, at the election of the Planning Board, the applicant shall:
[1]
Install a portion of the required compensatory trees on other public lands within the Township; and/or
[2]
Contribute to the Township the cost of those trees which cannot practically be installed on the property for later installation of trees on public lands. The fee shall be $35 per tree removed, up to a maximum of $700 per acre; and/or
[3]
Install fewer, larger or more valuable compensatory trees on the lot with an aggregate cost as installed and guaranteed not less than the estimated aggregate cost of the required number of compensatory trees.
[4]
Whichever alternative is elected by the Board shall serve as the basis for calculating the required financial security in conformance with the above subsection.
D.
Exemptions:
(1)
All persons shall comply with the tree replacement standard outlined above, except in the cases detailed below. Proper justification shall be provided, in writing, to the Zoning Officer by all persons claiming an exemption.
(a)
Residents who remove less than four trees per acre within a five-year period.
[1]
The number of trees removed is a rolling count across a five-year period.
[2]
For example, if three trees are removed in July 2023, the 'count' resets to zero in July 2028. However, if one tree is removed in July 2023 and another in July of 2025, the first tree will come off the count in July 2028 and the second in July 2030.
(b)
Tree farms in active operation, nurseries, fruit orchards, and garden centers;
(c)
Properties used for the practice of silviculture under an approved forest stewardship or woodland management plan that is active and on file with the municipality;
(d)
Any trees removed as part of a municipal or state decommissioning plan. This exemption only includes trees planted as part of the construction and predetermined to be removed in the decommissioning plan.
(e)
Any trees removed pursuant to a New Jersey Department of Environmental Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved environmental clean-up, or NJDEP approved habitat enhancement plan;
(f)
Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife;
(g)
Hazard trees may be removed with no fee or replacement requirement.
E.
Enforcement. This section shall be enforced by the Zoning Officer during the course of ordinary enforcement duties.