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Toms River City Zoning Code

§ 348-12.6

Protection of trees.

A. 
Damage from electrical wires. Any person, firm or corporation having control over any wire for transmission of electrical current along a public highway shall at all times guard all trees through which or near which such wires pass against any injury from wires or from electrical current carried by them.
B. 
Protection from injurious chemicals. Except in matters involving the maintenance and enhancement of public safety, including but not limited to deicing of roads and walks, no person, firm or corporation shall permit any injurious chemical to come into contact with the aboveground or below-ground portions of any tree or shrub upon a public highway, street or road or upon Township property.
C. 
Permission required for certain acts. No person shall do or cause to be done upon trees in any Township right-of-way, Township open space, public street, road or highway within the Township, without first obtaining written permission from the Director of Public Works or Township Engineer, any of the following acts:
(1) 
Cut, trim, break, climb with spikes, disturb the roots or otherwise intentionally injure, misuse or spray with harmful chemicals or remove any living tree two inches or more DBH, or remove any device installed to support or protect such trees;
(2) 
Fasten any rope, wire, electrical equipment, sign or other device to a tree or any guard about such a tree or shrub;
(3) 
Close or obstruct any previously unobstructed space provided at the base of a tree which may be necessary to permit the access of air, water or fertilizer to the roots of such tree.
D. 
Trees in public highways. No trees are permitted to be planted in a Township, county, or state right-of-way unless approved by the Toms River Township Planning Board or Board of Adjustment in connection with a land development application. Where a person desires to control the growth of existing trees on a public highway, street or road or right-of-way by removing them or pruning the trees, then the person shall contact the Township Director of Public Works and request the work to be performed.
E. 
Destruction of trees. Unless exempted by the provisions of this article, no person shall cut, remove or destroy, or cause to destroy, any tree growing in the Township without having first obtained a permit as provided in § 348-12.8, or be subject to penalties as provided in § 348-12.16.
F. 
Tree preservation standards. Because disturbance of tree root zones often leads to direct and indirect damage to residual trees, the purpose of this section is to establish the rationale and criteria for protection of existing trees during site disturbance events including, but not limited to, construction activities.
(1) 
The tree protection zone (TPZ) is defined conceptually as a minimum no-disturbance zone immediately beneath and generally centered about the tree trunk where such trunk emerges from the natural, originating grade.
(2) 
Tree protection zones (TPZs) shall generally be determined via the following formula: For every inch of tree diameter recorded as DBH, one foot of radius about the base of the tree at the soil line, away from the trunk, shall be added to the circular TPZ. Thus, a twelve-inch DBH tree would be at the center of a circular TPZ nominally 24 feet in diameter.
(3) 
Where required, minimum diameter of a TPZ shall be 16 feet for trees eight inches in DBH and smaller.
(4) 
Departures from this formula are occasionally expected due to oddly distributed root systems, conflicts with required infrastructure and grading, and highly unusual operational limitations. In these events, the actual location of the TPZ for a given tree shall be determined by collaboration between the applicant and the Township Engineer and shall be subject to final approval by the Township.
(5) 
No soil shall be deposited into or removed from within the TPZ, nor shall machinery or materials be stored, heaped, off-loaded, deposited, cleaned or operated there, unless a waiver for said activity is granted by the approving Board.
(6) 
Tree protection zones shall be clearly delineated and protected by a tree protection fence comprised of snow fencing, orange plastic construction fence or functional equivalent. Such fence shall have a minimum height of four feet, and be installed and inspected prior to issuance of permits and commencement of any site disturbance.
(7) 
The soil grade just beyond the TPZ shall not be raised or lowered more than six inches unless compensated for by tree-welling, aeration, tiling, shoring or retainer methods, or other current approved best practices in the realms of arboriculture and tree preservation. In no event shall the welling, shoring or retaining wall structures be less than eight feet from the trunk of the tree.
(8) 
Associated with construction operations, all slash and debris created during tree removal and replacement shall be removed from the lot for disposal within 60 days of initial creation of any such slash and debris on an approved project, or before any certificate of occupancy shall be issued, whichever is sooner.
(9) 
Associated with construction operations or repair of any building or structure, or in the construction or repair of a street, road and highway not yet dedicated to the Township, and any project subject to Township inspection, the owner thereof or the contractor shall take every precaution to place guards at the tree protection zones of nearby trees on Township land or within public right-of-ways so as to effectively prevent injury to such trees. The owner and/or contractor shall each be responsible for the placement of such tree protection fences, and observance of their significance as described throughout § 348-12.6.
(10) 
Failure to make adequate provision for the protection of trees as described in this article shall subject the owner and builder to a penalty as hereinafter provided.
G. 
Right-of-way utility vegetation management, pruning, installation and removal. Within utility rights-of-way, planting, pruning and other arboricultural and forestry techniques shall adhere to all relevant industry standards and best practices including, but not limited to, ANSI Z133 et seq., ANSI A300 et seq. and other standards as developed by professional societies such as the Ocean County Shade Tree Commission, the New Jersey Society of Tree Experts, the Tree Care Industry Association and the International Society of Arboriculture.
H. 
Shade and park trees. It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating or removing shade or park trees within the Township without receiving the written permission of the Division Manager of Parks, Buildings, Grounds, or Division Manager of Code Enforcement, or designee. Before any permission is given, each applicant shall first file evidence of possession of liability insurance in the minimum amount of $1,000,000 for bodily injury and $100,000 for property damage, indemnifying the Township or any person injured or damaged resulting from the pursuit of such endeavors as herein described.
[Amended 1-24-2017 by Ord. No. 4524-17; 3-10-2020 by Ord. No. 4661-20]