Pine Beach City Zoning Code

With every development application for approval of a subdivision, site plan, or planned development, or

With every development application for conditional use or variance for a new structure as defined in this article.

A site plan, at a scale of one inch equals 50 feet or less, showing the location of existing wooded areas and clearly marked boundaries of the plots used to determine the average wooded acre for the site. For each plot, there shall be a demonstration that no more than 30% of the existing trees and shrubs in the side, rear and front yard setbacks applicable to the zone shall be disturbed, cut or removed. The site plan shall include the lot and block numbers, the street address, if assigned, and a certification of compliance with the requirements of this section.

The location of streams, watercourses and wetlands.

The locations of slopes of greater than 15% where any tree removal is proposed.

The location(s) on the tract where tree removal is to take place.

Notwithstanding permitted estimates of the quantity of trees to be removed, all trees with a DBH of 16 inches or greater, including specimen trees, on the site shall be specifically identified by location, species and common name. All efforts shall be made to preserve such trees throughout the tract, including, where practical, relocation of infrastructure, roadways and buildings.

The location of replacement trees and shrubs as selected from the preferred tree list. Trees shall have a minimum diameter at point of measurement of two and a 2.5 inches. One tree will be replaced for every 250 square foot of clearing of any and all setbacks. No replacement trees shall be planted within easements or rights-of-way. All replacement trees shall be planted within the setbacks applicable to the zone.

Trees and shrubs may be removed from the proposed paved portion of a parking area and 10 feet beyond. In off-street parking areas, other than for a single residential dwelling, islands of trees must be left in the manner provided for by the Land Development Ordinance. No paving of any impervious nature shall be placed around the base of the trunk of the tree within 10 feet, unless it can be clearly demonstrated that the location of the pavement will increase the net number of trees saved. The grade shall be such that drainage of rainwater will keep the root area watered without pooling. Excess water shall be admitted to dry wells or storm sewers in the parking lot or drained by acceptable means, consistent with the municipal stormwater management plan.

Trees and shrubs may be removed in private rights-of-way and driveways within 10 feet of each side of the planned paved area. Alignment of the driveways should be planned to save as many trees as reasonably possible.

If no area other than a wooded area or area with trees can be found to accommodate the sewerage system and disposal field meeting the approval of the Board of Health, necessary tree removal shall be permitted.

Where more than three inches of fill is required around trees, the trees must be protected by an air well six feet in diameter as needed around the trunk to prevent the intrusion of soil. Tile pipe must radiate like spokes from the well to provide oxygen to the roots. The top of the well must extend six inches above the graded level. If the tree is of a species that is known to be sensitive to root disturbance or change in drainage or the owner prefers to remove the tree, it may be removed and must be replaced with another tree from the preferred tree list in another or the same area after the fill has stabilized.

Tree and shrub removal from any slope of 15% or greater, watercourse protection and one-hundred-year flood plan area is prohibited unless approved by the New Jersey Department of Environmental Protection.

No tree or shrub removal is permitted that will expose utility substations, transmission towers, public works and other similar structures or operations except where trees are dead or diseased and/or endanger life or property.

No healthy tree that is considered a specimen tree by virtue of history, unusual size or age or is a rare species should be removed except as may be required for the protection of health, safety or public welfare.

No trees or shrubs on public rights-of-way, parks or public areas are to be removed by private individuals except as approved by the Mayor and Council, after review and comment from the Environmental Commission. The requestor shall provide justification for the removal, as well as any photos, diagrams or other information required to render a decision. Utilities are also prohibited from removing trees and shrubs without approval, unless the activity occurs within a legal easement area owned by the utility and established in part for maintenance purposes.

No memorial trees shall be removed except as approved by the Mayor and Council.

Loading of trucks is permitted at the roadside and a loading area must be constructed off the roadway where possible. After any cutting operation is complete, any road modifications and changes in the right-of-way must be restored.

The outside burning or burying of trees and shrubs or parts of trees and shrubs is prohibited. Disposal methods shall conform with all municipal, State and Federal regulations.