Toms River City Zoning Code
§ 348-12.5
Conditionally exempt properties or activities.
Where trees are to be removed or destroyed in connection with the construction of a single-family or two-family residential dwelling or in connection with the continued use of an existing single-family or two-family residential dwelling, the submission of a tree management plan shall not be required provided that the developer or owner complies with the following standards:
A.
The applicant shall apply for a tree removal permit. Said application shall provide the following information:
(1)
Street address of property with tax block and lot identified;
(2)
Names of all owners of property, together with address and telephone numbers;
(3)
Total acreage of the tract;
(4)
A list identifying the number of trees with a DBH greater than four inches to be removed;
(5)
A survey of the subject property annotated by the developer to show the limits of clearing or the location of the trees to be removed;
(6)
Payment of an application fee in accordance with § 348-12.14A.
B.
The proposed development does not require major subdivision, minor subdivision, minor site plan, major site plan or conditional use permit approval.
C.
The tree removal permit shall be reviewed by the Township Forester and shall be approved provided that the developer complies with the following standards:
(1)
For unimproved homestead lots, after issuance of a tree removal permit, a minimum of 25% of the existing tree basal areas shall be preserved on the parcel for the first acre or portion thereof; and a minimum of 50% of the existing tree basal area shall be preserved on the parcel for that portion of the lot in excess of one acre. On homestead lots of three acres or more, the applicant may clear an area up to 1/2 acre for the proposed home site while preserving the existing tree basal area in accordance with the standards set forth herein.
(2)
The tree(s) to be removed or destroyed is (are) not located within a threatened or endangered species habitat area, conservation area, environmentally sensitive area, wetland area or buffer area designated by state, county, or Township easement, regulation, ordinance or law.
(3)
The tree(s) to be removed or destroyed is (are) not located within a conservation area or buffer area as delineated and/or specified on a previously approved site plan or subdivision plan for the property in question.
(4)
The tree(s) to be removed or destroyed was (were) not required to be planted by a previously approved application and/or landscape plan to provide screening or buffering for a building or structure located on the property in question or on an adjacent parcel of land.
(5)
Proposed alteration of tree population associated with the application, or reasonably expected to occur associated with said application, shall not cause an excessive increase of surface water runoff, soil instability and/or erosion.
(6)
Proposed alteration of tree population associated with the application, or reasonably expected to occur associated with said application, shall not result in damage to or removal or constructive removal of any landmark tree.