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Toms River City Zoning Code

§ 348-12.7

Requirements and procedures for obtaining tree removal permit and tree management plan for nonexempt properties or activities.

A. 
For properties relating to preliminary/final major subdivision, minor subdivision preliminary/final major site plan, and/or conditional use permit approval.
(1) 
Where trees are to be removed, destroyed or impacted in connection with a proposed development requiring preliminary/final major subdivision approval, minor subdivision approval, preliminary/final major site plan approval, minor site plan approval, and/or conditional use permit approval from either the Toms River Township Planning Board or Zoning Board of Adjustment, the applicant shall submit a tree management plan (TMP) in conformance with § 348-12.8 of this article. No application for such developments shall be deemed complete until said TMP has been reviewed by the Township Forester and determined to be in compliance with the submission requirements of § 348-12.8 of this article. In the event that the Township Forester finds the proposed TMP not to be in compliance with § 348-12.8 of this article, the application shall be certified to be incomplete by the Administrative Officer of the reviewing Planning Board or Board of Adjustment and notice of the same shall be provided to the applicant.
(2) 
At the time of the submission of an application for development, any applicant may seek a waiver from the requirements of § 348-12.8 or any portion thereof. Said waiver shall be requested in writing setting forth the reasons why the waiver or partial waiver shall be granted. The waiver request shall be granted, partially granted or denied by the Planning Board or Board of Adjustment within the time period required by N.J.S.A. 40:55D-10.3.
(3) 
Upon an application being deemed complete and prior to final board action on said application, the Township Forester shall prepare a written report on the applicant's TMP for review and action by the reviewing board.
(4) 
All costs and fees charged by the Township Forester or professionals of the Planning Board or Board of Adjustment relating to the review of the applicant's TMP or waiver request shall be paid from the developer's escrow account in accordance with N.J.S.A. 40:55D-53.2.