Readington Township
City Zoning Code
City Zoning Code
ARTICLE VIIB
Tree Removal and Replacement
[Added 3-16-2020 by Ord. No. 07-2020]
§ 148-79.8 Intent and purpose.
A.
Trees and shrubs are a natural resource that provide aesthetic, economic, ecological, environmental and health benefits to the Township of Readington and its residents. The treatment of trees on individual properties can have significant impacts not only on those individual properties but also on neighboring properties, the streetscape, the tree canopy and the entire Township.
B.
The purpose of this article is to control and regulate indiscriminate and excessive removal, injury and destruction of trees, in order to prevent conditions that may cause: reduced ecological and social benefits, including increased stormwater runoff; soil erosion; sedimentation of watercourses; reflected heat, air or noise pollution; diminished aquifer recharge; decreased soil fertility; increased risk to persons and property by failures of trees or their parts, and increased risk to real property and real property values from flash floods and other intense precipitation events.
§ 148-79.9 Permit required.
A.
In all zoning districts of the Township any of the following types of tree removal shall require a permit, unless exempt under § 148-79.10, or unless involving removal of two or more trees within the Special Resource Residential (SRR) and thus requiring conditional use approval pursuant to § 148-46.
(1)
Removing or otherwise destroying a tree with a DBH of six inches or more.
(2)
Removing or otherwise destroying a tree with a canopy extending over a public right-of-way.
(3)
Removing or otherwise destroying any specimen tree as defined in § 148-9.
(4)
Removing or otherwise destroying any tree within a stream corridor as defined in § 148-9.
(5)
Removing or otherwise destroying any tree that was planted or preserved as part of any landscape plan or in accordance with any street tree requirements approved in conjunction with a subdivision or site plan shall be removed. Exceptions shall be such trees directed to be removed pursuant to § 148.10A(4) and (10) below.
B.
All applications to the Planning Board or Zoning Board of Adjustment for approval of a major subdivision, minor subdivision, any site plan, or variance requiring tree removal, unless otherwise exempt pursuant to § 148-79.10, shall submit a tree removal and tree replacement plan as required by § 148-69.1 in lieu of a tree removal permit. Where tree removal is proposed for purposes not related to major subdivision, minor subdivision, site plan, or variance approval, an application for a tree removal permit shall be submitted to the Zoning Officer, who shall request written guidance from the Environmental Commission in evaluating the permit application. A tree removal permit shall be considered a required prior approval before a construction permit may be released.
§ 148-79.10 Exemptions.
A.
The following shall be exempt from the requirements of this section and do not require a permit:
(1)
Any tree located on an individual tract or parcel of land, to be cut for personal use as firewood by the owner of such property. Not more than three trees per acre shall be cut in any one year, and in no case shall more than 30% of the total number of trees located on such property be removed. Tree removal subject to § 148-79.9A(2), (3), (4) and (5) above shall not be eligible for this exemption.
(2)
Any tree located within 50 feet of an existing residence.
(3)
Commercial nurseries.
(4)
Trees that are deemed to be removed by the Township Engineer or Department of Public Works that are on or are impeding a public right-of-way.
(5)
Public parklands owned by the Township of Readington, in consultation with the Environmental Commission.
(6)
Trees that have been determined by the Environmental Commission, a licensed tree expert/tree care operator, or a certified arborist to constitute a threat to the health, safety or welfare of the general public, or to any existing structure.
(7)
The clearance of power line right-of-ways by companies regulated by the New Jersey Board of Public Utilities (see § 148-79.13).
(8)
Properties devoted to forest management and the practice of silviculture for which farmland assessment has been approved.
(9)
Pruning or maintenance of trees in a manner which is not harmful to the health of the tree.
(10)
Trees removed in the course of an emergency declared by the federal, state, or Township government.
(11)
The removal of any trees that are part of an approved woodland management program pursuant to the provisions of the New Jersey Farmland Assessment Act of 1964, provided such plan and WD-1 form is filed with the Tax Assessor.
(12)
Trees removed during the replacement or repair of a residential individual subsurface sewage disposal systems and/or the replacement or repair of a domestic water supply.
§ 148-79.11 Existing individual lots (excluding subdivision, site plan and variances).
A.
Any existing individual lot that does not meet the requirements of § 148-79.10, Exemptions, and is not subject to the requirements of § 148.69.1, Tree removal and tree replacement plan, shall submit an application for a tree removal permit as follows:
(1)
Application form. The application form shall be available from the Zoning Office and shall include the following information:
(a)
Name and address (street and lot and block) of the owner of the premises and status of legal entity (individual, partnership, corporation of this or any other state, etc.);
(b)
Status of the applicant with respect to land (owner, lessee, tenant, purchaser, under contract, etc.);
(c)
Name and address of the applicant for the permit if other than the owner;
(d)
Description of the premises where removal is to take place, including lot and block numbers and street address, if assigned;
(e)
A list of all trees to be removed with a DBH equal to or greater than six inches (or circumference of 18 inches) identified by size and species, including total number of each species to be removed;
(f)
Purpose for tree removal (construction, street or roadway, driveway, utility easement, recreation area, patio, parking lot, etc.);
(g)
Such other information as may be deemed necessary in order to effectively process and decide such application;
(h)
License number of proposed contractor when applicable in accordance with N.J.A.C. 7:3A.
(2)
Sketch data.
(a)
Base information. A sketch or photo shall be provided showing the location of the tree(s) to be removed with a DBH of six inches (or circumference of 18 inches) or greater in proximity to existing and/or proposed structures and property lines. Such sketch shall be of a scale and clarity to be suitable for review by the Environmental Commission for the purposes of this Article.
(b)
Tree removal criteria. The Zoning Officer may grant a tree removal permit based upon one or more of the following circumstances:
[1]
Where the trees to be removed are limited to those trees necessary to permit the construction of buildings, structures, decks, driveways, individual subsurface sewage disposal systems, lawn area for recreational use by the inhabitants of the dwelling, and any other authorized improvements.
[2]
Where the location of an existing tree provides no other alternative but to place a structure outside the permitted building setbacks.
[3]
Where the location of an existing tree negatively impacts on an existing individual subsurface sewage disposal system.
[4]
Where no other alternative exists for the placement of an individual subsurface sewage disposal system, driveway, deck, patio, lawn area for recreational use by the inhabitants of the dwelling, or any other authorized improvements but in the vicinity of an existing tree.
[5]
Where the location or growth of a tree inhibits the enjoyment of an outdoor pool, patio or deck.
[6]
Where the condition, location, angle or growth of any existing tree makes it a hazard to structures or human life.
[7]
Where it is the best collective professional judgment and opinion of the Environmental Commission no such alternatives exist and refusal of permit shall preclude the property owner from the personal or professional use of the property.
(3)
Tree replacement. Tree replacement shall be provided in accordance with § 148-79.12.
§ 148-79.12 Tree replacement requirements.
A.
The application required by §§ 148-69.1 and 148-79.11 shall be accompanied by a narrative and/or sketch or printed plan showing a tree replacement plan, to include and comply with the following:
(1)
The tree replacement plan shall provide for replacing the removed and destroyed tree(s) in the same or contiguous location(s) on the premises, and in accordance with the following specific requirements. The tree replacement plan shall require that the applicant replace each removed or destroyed tree with one or more trees depending on the DBH of the removed or destroyed tree, and in accordance with Schedule A immediately below, the "Tree Replacement Schedule."
Schedule A - Tree Replacement Schedule | ||
|---|---|---|
Live Regulated Tree(s) Removed/Destroyed | Required No. of Replacement Tree(s) (3" caliper) per Tree(s) Removed/Destroyed | Replacement Fee per Removed Tree in Lieu of Planting |
DBH of 6" to less than 17" | 2 | $400 |
DBH of 17" to less than 31" | 4 | $800 |
DBH of 31" to less than 38" | 6 | $1,200 |
DBH of 38" or greater | 8 | $1,600 |
(2)
Tree replacement materials shall be provided in accordance with the standards set forth in ANSI Z60.1, American Standard for Nursery Stock.
(3)
Deciduous trees shall be replaced with deciduous trees and evergreen trees shall be replaced with evergreen trees, or as recommended by the Environmental Commission.
(4)
The planting of all replacement trees must be protected from wildlife.
(5)
If replacement trees are unable to be planted upon the completion of residential work being performed, the owner or his/her designee may post bond as recommended by the Environmental Commission; not to exceed $2,000 to be issued a certificate of occupancy or certificate of approval from the Construction Official for related construction permits. For major subdivisions, developments and those applications in which tree removal permits were approved in relation to Board applications, the Environmental Commission shall consult with the Township Engineer to determine an appropriate dollar amount to be bonded prior to the approval from the Township Engineer.
§ 148-79.13 Protection of trees and shrubs from utility wires.
Any individual, corporation or other entity having control over any wire for the transmission of electric current or telephone, cable or any other utility service along a public street, highway, property easement, or right-of-way shall at all times guard all trees and shrubs through which such wires pass against any injury from the wires or from the current carried by them. Prior to undertaking any work on the utility affecting any such tree or shrub, the utility company shall provide written notice to the Environmental Commission or its agent and abutting property owner(s) of same. The utility company shall be responsible for the removal of all debris associated with work on the utility affecting any such tree or shrub.
§ 148-79.14 Tree Escrow Fund.
A.
There is hereby established a reserve in the Township's general capital fund which shall be known and designated as the Tree Escrow Fund. A separate bank account shall be opened and maintained for this purpose.
B.
The primary purpose of the Tree Escrow Fund is to provide for the planting and maintenance of trees and shrubs on public property.
C.
The funds will also pay administrative costs to implement the provision of this section, including but not limited to fees for processing of permits, site inspections, consultants, and supervisors of tree replacements. Administrative costs imposed in accordance with this section shall not exceed 30% of the fund, as determined on an annual basis.
D.
Appropriations from the Tree Escrow Fund shall be authorized by the Township Committee in accordance with a municipal tree planting plan with consideration of the recommendations by the Environmental Commission.
E.
The Tree Escrow Fund shall be maintained by the Chief Financial Officer.
F.
If a tree removal permit is granted for tree removal necessary for adding a patio, sundeck, outdoor private swimming pool, tennis court, sports court, or other permitted accessory use on an already developed single-family residential lot, the cash contribution to the Tree Escrow Fund in lieu of planting on the property in respect of such removal shall not exceed $2,000.
§ 148-79.15 Inspections.
Prior to taking final action upon any applications for tree removal, an inspection of the site may be made by:
A.
The Environmental Commission or a designee in those cases where final determination is to be made as to the granting or denial of an application.
B.
Such inspection may be made of the site referred to in the application, and of contiguous and adjoining lands, as well as lands in the vicinity of the application, for purpose of determining drainage conditions and physical conditions existing thereon.
§ 148-79.16 Enforcement.
A.
The Zoning Officer is designated as the enforcing agent for this article, or a designee. Upon review of as-built plans or site inspection of any major site development application, subdivision or soil movement activity, the Township Engineer shall inform the Zoning Officer of any trees removed in excess of those called for removal in the permit. The Zoning Officer has the power to revoke the permit if the applicant provided false or misleading information within the permit application and/or if there is noncompliance with the approved permit.
B.
When a tree removal permit is issued as a prior approval to obtaining a construction permit, the Construction Official may not issue a certificate of approval or certificate of occupancy until all conditions set forth by the Zoning Officer are met.
§ 148-79.17 Permit approval.
A.
Time for approval. The Zoning Officer shall act on the application within 15 days of receipt or within such additional time as is consented by the applicant. Failure of the Zoning Officer to act within 15 days, or any extension thereof, shall be deemed to be an approval of the application and thereafter the Zoning Officer shall issue a tree removal permit based thereon.
B.
No approval shall be granted by the Zoning Officer if the proposed tree removal is contrary to the best interests of the public health, safety and general welfare.
C.
Duration of permit. Permits granted for the removal of trees under the terms and conditions of this article shall run with the land, and shall remain in force and effect for the following periods, and not thereafter.
(1)
If granted for a lot or parcel of land which no construction permit is required: one year from the date of issuance.
(2)
If granted for a lot or parcel of land for which a construction permit is required, but for which no subdivision or site plan approval is required by the Township's Planning Board: until the expiration of the construction permit granted with such tree removal permit.
§ 148-79.18 Notice of commencement of tree removal.
A.
The holder of a tree removal permit shall notify the Environmental Commission at least seven business days in advance of when tree removal activity will commence.
B.
The notice shall also include advice as to the manner of disposal of the removed trees when required by the Zoning Officer upon issuance of the permit. Where appropriate, the Environmental Commission shall advise the Township's Public Works Department of the name of the permit holder, the location of the removal site, the date removal is to commence, and the manner of disposal to be employed. Debris from trees that are in a quarantine area due to a pest shall not be moved outside of the quarantine zone, in accordance with state regulations.
§ 148-79.19 Violations and penalties; restitution.
A.
Any individual, corporation or entity violating any provision of this article shall, upon conviction thereof, be punishable by a fine equaling the payment required pursuant to § 148-108K plus 25% of that payment, per offense. The cutting, destruction or removal of each tree shall constitute a separate offense.
§ 148-79.20 Appeals.
A.
If a tree removal permit request is denied by the Zoning Officer, the applicant shall have a right to appeal the decision. The appeal shall be made to the Readington Township Board of Adjustment within 10 days of receipt of the notice of permit denial.
B.
Any individual, corporation or entity penalized under § 148-79.19 shall have a right to appeal the decision. The appeal shall be made to the Readington Township Board of Adjustment within 10 days of receipt of the notice of violation.
