Zoneomics Logo
search icon

Toms River City Zoning Code

§ 348-12.8

Tree removal permits and tree management plans.

A. 
Tree removal permit for tree management plans approved by land use boards.
(1) 
A tree removal permit shall be required prior to the removal of any tree, and said permit shall be in accordance with the tree management plan approved by the approving board. The application for such permit must be presented to the Township Engineer. A copy of the signed resolution of approval and a copy of the fully executed site plan or subdivision, indicating all conditions of approval have been met, shall be submitted to the Township Engineer before the tree removal permit shall be issued. In addition, the applicant shall submit an individual plot plan in accordance with the requirements of § 348-3.7 to confirm that the clearing of the new lot is in conformance with the tree management plan as approved by the reviewing land use board.
(a) 
The tree removal permit issued by the Township Engineer shall be valid so long as the approving board's project approval is valid. The removal of, or damage to, trees not approved for such damage or removal shall be considered a violation of this article.
(b) 
Any substantial deviation from the practices described in the approved tree management plan shall necessitate the submission of a revised plan to the approving board for review.
(c) 
The tree removal permit issued by the Township Engineer shall be displayed or be available for inspection at the site where tree removal and replacement is to take place. Failure to display or make available the tree removal permit at the site of removal shall be a violation of this article. Any person may examine the application for tree removal permit on file with the Township Engineer upon request made in writing or in person to that office. Copies of the application submission shall be made available in accordance with law.
(2) 
Prior to the issuance of a building permit, the developer shall comply with § 348-12.6F of this article entitled "Tree preservation standards."
(3) 
Prior to the issuance of the certificate of occupancy, the Construction Code Official shall receive a release from the Township Engineer that the terms of the tree removal permit and/or the tree management plan have been fulfilled in good faith by the applicant.
(4) 
No trees may be removed except in accordance with an approved tree management plan.
B. 
Tree management plans. As described, the tree management plan (TMP) shall be a conceptual and operational document guiding and establishing measurable criteria for tree and forest cover preservation. This plan must be prepared by the applicant's professional CTE or landscape architect. Applicants are encouraged to meet on site with the Township Forester to discuss tree management plans prior to plan preparation and submission.
C. 
The tree management plan shall provide the following minimum information:
(1) 
A map having a scale of one inch equals 50 feet or less showing the location of existing wooded areas;
(2) 
Locations of slopes greater than 10% where any tree removal is proposed;
(3) 
Location of streams, watercourses, and riparian zones on or abutting the tract or parcel;
[Amended 12-12-2017 by Ord. No. 4562-17]
(4) 
Total acreage of the tract or parcel;
(5) 
Locations on the tract or parcel where tree removal is to take place;
(6) 
The location of each 0.1 acre plot used to determine the average wooded acre as described in §§ 348-12.3 and 348-12.8D of this article;
(7) 
From each plot inventoried to determine, and from the aggregate of all sample plot data, the average wooded acre indicating the mean trees per acre, DBH and height for each species occurring in sampling;
(8) 
For tracts greater than one acre, the applicant may estimate of the total quantity of trees as described in the preceding subsection. For tracts where less than one acre is proposed to be cleared, the number, size, and condition for each tree to be removed shall be based on actual count;
(9) 
All trees with a DBH of 16 inches or greater and any other landmark tree occurring in the disturbance zone shall be specifically identified by location on the map and listed on a separate schedule showing species, DBH, height and condition. All efforts shall be made to preserve such trees, including, if necessary, relocation of infrastructure, roadways, and buildings;
(10) 
For projects involving the permitted removal of trees, provisions for replacement of trees shall be made in accordance with § 348-12.9 and incorporated into the tree management plan, as required;
(11) 
The location of existing and proposed structures and improvements, if any;
(12) 
Twelve copies of said tree management plan, or a different number of copies as may be required by the approving board, shall be submitted to the approving board in accordance with this article.
D. 
The average wooded acre shall be determined as follows:
(1) 
A partial, statistical inventory of all trees having DBH of four inches or greater shall be conducted using fixed-radius sample plots. A minimum sampling intensity of 10% (one-tenth acre sample plot for each acre being assessed) shall be required. Height, DBH, species and condition of all trees occurring in the sample plots shall be recorded. All statistical sample plot centers shall be staked or otherwise visibly marked in the field to allow for Township inspection. No trees or plot centers need to be surveyed for this task;
(2) 
Because of the very limited scope of sampling under these provisions, locations of sample plot centers shall be determined by collaboration between the applicant and the Township Forester. A grid overlay of the wooded areas and proposed sample plot locations, drawn to the same scale as the site plan, shall be submitted with the application materials;
(3) 
The location of the wooded acreage shall be located on a plan, along with sample plot centers and district boundary lines of the various vegetative groups, to provide a more accurate estimate of proposed tree removals that shall be directly related to the required tree replacement estimate.
(4) 
Interpretation of sample data, and inference to required tree replacement estimates via the average wooded acre, shall be in accord with forestry statistical methods currently accepted by the State of New Jersey DEP, Division of Parks and Forestry - Forest Service, for determining mean trees per acre, mean DBH and basal area and heights for each species occurring in sampling.