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Toms River City Zoning Code

§ 348-12.9

Tree replacement requirements.

[Amended 12-14-2021 by Ord. No. 4720-21]
A. 
For all replacement requirements, the following formulas shall apply:
(1) 
For trees equal to or greater than four-inch DBH and under eight-inch DBH:
Percentage of Trees Removed from Entire Development
Percentage of Trees to Be Replaced with Trees of Minimum Size Two-and-One-Half-Inch Caliper
80 to 100
80
60 to 79
60
40 to 59
40
20 to 39
20
10 to 19
10
9 or less
Equal to the amount of trees removed
(2) 
For trees with a DBH equal to or greater than eight inches and less than 16 inches, replacement shall be two trees for each tree removed. The tree replacement size shall be a minimum size of two-and-one-half-inch caliper.
(3) 
For trees with a DBH equal to or greater than 16 inches, each removed tree shall be replaced with the size and the amount of trees set forth below:
Existing Tree to Be Removed
(inches in caliper)
Number of Replacement Trees
(minimum size two-and-one-half-inch caliper)
Less than 18
4
Less than 21
5
Less than 24
6
Less than 27
7
Less than 31
8
Less than 37
9
Less than 41
10
41 or greater
11
B. 
The maximum number of replacement trees required to be installed per the formulas above shall be at the discretion of the Township Forester and at no time shall exceed 200 trees per cleared acre. This requirement shall not constrain or modify penalties duly levied under this article.
C. 
Tree replacement criteria for approved tree management plans: average wooded acre. In cases where trees must be replaced, and the number and size of trees to be replaced are calculated from sampling data instead of actual census, the replacement criteria in § 348-12.9A shall be applied to the estimated mean stand diameter and trees per acre inferred from such sample data, at the discretion of the Township Engineer.
D. 
Appropriate species. The species of replacement tree(s) and the mix of replacement tree types (deciduous, evergreen, etc.) shall be selected to reasonably approximate a native tree population on the site, predisturbance. In all cases preference shall be given to tree management plans that emphasize the use of species historically native to the area and control of noxious, invasive or poorly adapted ones. All replacement trees shall be installed and then warranted by the applicant for a period of 24 months after final disposition of the project and TMP by the Township. To assist applicants in the planning process, a revised list of preferred trees for use in the Township, stressing native species that generally require less water and care, is set forth below.[1] All trees shall be ANSI Z60 compliant and installed according to the following minimum criteria:
(1) 
In general, excavation for planting shall be at least one foot wider than the ball of earth supplied with the tree. The planting backfill shall be unamended endemic soil in all but the most unusual cases, at the direction of the Township Forester. A four-inch rim or saucer around the edge of the pit shall be created to collect water. Trees shall be adequately watered at the time of planting and mulched with three inches of approved mulch immediately after planting. Mulch shall not touch the base of the tree.
(2) 
At the discretion of the Township Forester, trees shall be staked and guyed immediately after planting. Stakes shall be of cedar or oak, six feet long and no less than two inches in diameter. Stakes shall be located in undisturbed soil outside of the planting pit. Trees shall be guyed to the stakes using current best practices. Tree wraps shall be removed after planting, as shall synthetic twines, ropes, tags, wires, labels, pots and wire baskets.
E. 
For lots less than 10% wooded. On parcels to be developed where less than 10% of the site is wooded, in addition to any trees that must be replaced or provided under this article, there shall be required the addition of one two-and-one-half-inch (minimum) caliper tree for every 1,000 square feet of impervious coverage. Street shade trees required for right-of-way may not be credited toward this requirement.
F. 
Credit for replacement trees. Except where specifically prohibited, any trees required by a landscaping plan shall be credited toward the number of replacement trees. However, no credit shall be granted for street shade trees, short-lived exotic ornamentals, shrubs, forest seedlings and natural regeneration. Street shade trees proposed in excess of the minimum requirement based on spacing requirements in § 348-8.4D shall be credited toward the number of replacement trees.
G. 
On-site replacement trees. All replacement trees required under a tree removal permit or approved tree management plan shall be planted on the site from which trees were removed. A waiver from any portion or all of the required on-site replacement requirements may be granted only by the approving board, based upon verified operational impediments related to conditions of the site for which the permit was sought. The comments and recommendations of the Board Engineer in consultation with the Township Forester shall be solicited in determining whether the requested waiver is warranted. In addition, there shall be no deviation from or modification to an approved tree management plan except as approved by the approving board.
H. 
Off-site replacement trees. Based on a waiver granted under the terms of Subsection G above, in lieu of replanting trees on the removal site, with the approval of the approving board, the applicant may have the option of planting replacement trees of type(s) selected by the Township Forester from the approved list of trees set forth in § 348-12.9C at an off-site location chosen by the Township Council in consultation with the Township Forester. Such off-site location(s) shall be restricted to Township-owned public property or conservation easements including, but not limited to, public parks and grounds of public buildings.
I. 
Township Tree/General Improvement Fund. In the alternative, should the quantity of trees to be removed be greater than the tree replacement/landscaping plan due to limited available planting area, the applicant may make a contribution to be deposited in the Township Tree/General Improvement Fund. The contribution in lieu of planting of trees shall be $300 per tree, but shall not exceed $15,000 per cleared acre. Where the maximum dollar contribution is made, the amount of the contribution shall be reduced by $300 for every shade tree of 2.5 inch caliper or greater planted on the site, including street/shade trees planted in excess of the minimum required street/shade trees under § 348-8.4D.