Pine Beach City Zoning Code
ARTICLE XV
Trees and Shrubs
[Adopted 6-8-2011 by Ord. No. 11-02-690]
§ 175-79 Purpose.
The purpose of this section is to control and regulate the destruction of trees on all properties for development. A further purpose is to control, protect, conserve, regulate and prevent conditions which cause increased surface drainage, degradation of water resources, decreased groundwater recharge, adverse sedimentation and soil erosion. All of these conditions are, and will be, a detriment to public safety, health and welfare.
§ 175-80 Definitions.
As used in this section, the following terms shall have the meanings indicated:
A tree and shrub removal/replacement plan or forestry management plan which has been approved by the Land Use Board as provided for in this section. The Land Use Board may seek the advice and/or recommendation of the Environmental Commission.
The diameter of an existing tree measured at a point 48 inches above the downhill side. This phrase may appear in this section as the abbreviation DBH.
The diameter of a replacement tree measured at a point on the tree six inches from ground level on the downhill side. This phrase may appear in this section as the abbreviation DPM.
A limiting line established by a series of perpendicular drop points marking the maximum radius of the crown of an existing tree but not less than six feet from the trunk, whichever is greater.
A list of trees compiled by the Environmental Commission and approved by the Mayor and Council. The inventory shall be kept on file in the Municipal Clerk's office and Zoning Office for public review. The Environmental Commission shall be guided by New Jersey Department of Environmental Protection regulation N.J.A.C. 7:7E-3.37 when making a determination of specimen trees.
Any tree dedicated by the Mayor and Council commemorating an individual or event.
The development of a structure on vacant land or increasing the size of an existing structure by 30% or more. New structure shall also include the removal and replacement of an existing structure regardless of whether or not the replacement structure is larger or small than the removed structure. The use and definition new structure shall refer to this article only unless otherwise specified in the Code of the municipality.
A list compiled by the Environmental Commission and approved by the Land Use Board. List shall be primarily comprised of native species adapted to the soil and climate conditions of the Borough.
Defined as a lot, other than corner a lot, which has frontage at opposite ends of the lot on two separate streets.
Any existing native species of plant or vegetation with a mass greater than 48 inches in circumference as measured at a point two feet above the ground.
Any woody perennial plant having a diameter greater than six inches, measured at a point four feet above the ground. For the Dogwood, Ironwood, American Horn Beam, Eastern Red Cedar, White Cedar, and American Holly, tree as defined as having a diameter greater than 2 1/2 inches, measured at a point four feet above the ground.
A plan of tree and shrub removal and/or planting in accordance with the provisions of this chapter.
§ 175-81 Tree removal/replacement plan.
A tree removal/replacement plan, as defined in section 175-82, shall be filed:
Where a lot or tract is proposed to be developed for use as a single-family residence and the property is part of an approved plan, the developer must develop the lot in compliance with an approved tree removal/replacement plan.
Where a lot or tract is proposed to be developed for use as a single-family residence and the property is not part of an approved plan, the owner must submit a tree removal plan for approval. A plan to clear no more than 30% of the existing trees and shrubs in the side, rear and front yard setbacks for the zone shall be submitted to the Zoning/Code Enforcement Officer.
No building subcode permit shall be issued for the construction of any new structure unless and until the owner files with the Zoning/Code Enforcement Officer a tree removal/replacement plan and obtains the required approval.
No certificate of occupancy shall be issued unless the tree removal/replacement is in accordance with the approved plan and all trees to be replaced have been planted in accordance with the approved plan or a surety guaranteeing planting has been posted with the Municipal Clerk. In the event that the trees/shrubs to be planted cannot or should not be planted due to the season, a conditional certificate of occupancy shall be issued for a six-month period until such time that the trees/shrubs are planted in accordance with the tree removal/replacement plan.
§ 175-82 Components of tree removal/replacement plan.
A tree removal/replacement plan submitted as part of a development application shall include the following:
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.
§ 175-83 Other general regulations.
Criteria for Plan Approval and Compliance. Review by the Land Use Board, Environmental Commission and Zoning/Code Enforcement Officer shall be guided by the following standards and requirements:
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.
§ 175-84 Reverse frontage lots.
All the provisions of this article will apply to reverse frontage lots; however, only one of the frontages may be cleared in accordance with the provisions of this article.
§ 175-85 Enforcement.
The tree removal/replacement plan provided shall be ensured by the performance and maintenance guarantee requirements of the Municipal Land Use Law, zoning and Code Enforcement Officer and this article. Such guarantees shall be for ensuring erosion and sediment controls, grading, drainage and other on-site improvements and landscaping.
The requirements of this article shall be enforced by the Zoning/Code Enforcement Officer, who shall inspect or require adequate inspection of all sites upon which there is an application for site plan or subdivision, all applicable tree removal or destruction and soil removal incidental thereto, and for compliance with other pertinent conditions of approval from the Land Use Board. Upon ascertaining a violation of this article, the Zoning/Code Enforcement Officer shall refer charges in the Municipal Court as provided in this section.
§ 175-86 Violations and penalties.
Any person violating any of the provisions of this article shall be subject to a fine not to exceed $1,000 or imprisonment for a term not to exceed 90 days, or both, upon conviction, in the discretion of the judicial officer before whom such matter is heard. If the violation is of a continuing nature, each incident or day which it continues shall constitute an additional, separate and distinct offense.
§ 175-87 Appeals.
Any person aggrieved by the decision of any officer relative to the provision hereof, may, pursuant to the provision of this article, within 30 days of receipt of such decision, appeal to the Land Use Board.