Union Township City Zoning Code
§ 30-30.16
Forest resources.
[Added 12-17-2025 by Ord. No. 2025-9]
a.
All portions of the Highlands Area identified as Forest Area are found in Exhibit 6.
b.
Any disturbance of more than 1/4 acre within the Total Forest Area shall be permitted only upon a finding by the reviewing board that the following requirements have been satisfactorily addressed:
1.
Demonstration that the proposed disturbance can neither be avoided nor reduced in extent, while adequately providing for a proposed use that otherwise addresses the requirements of this section;
2.
Incorporation of Low Impact Development techniques appropriate to the activity or development project proposed;
3.
For any proposed disturbance of 1/2 acre or more, other than that associated with the maintenance of a legally pre-existing use or structure (expressly excluding the expansion of any such use or structure), submission, approval and implementation of a Forest Mitigation Plan designed to minimize the extent of such disturbance, protect forest areas adjacent or proximate to the disturbance area, and mitigate for loss of trees or other forest vegetation removed during the course of such disturbance; and
4.
Notwithstanding the preceding provisions, in the case of any proposed disturbance that by definition constitutes deforestation; submission, approval and implementation of a Forest Mitigation Plan designed to minimize the extent of deforestation, protect forest areas to remain, and restore or mitigate for forest area loss.
c.
Forest Impact Report Required. Where disturbance of one acre or more of Forest Area as shown on Exhibit 6 is proposed, a Forest Impact Report shall be prepared including the following:
1.
A map of Forest Area located on or within 500 feet of the subject property, as provided in Exhibit 6.
2.
A map indicating any Forest Area to be disturbed.
3.
A determination of whether the disturbance area qualifies as a Forest under the NJDEP Highlands Area Rules, at N.J.A.C. 7:38-3.9(c). This shall be the Confirmed Forest area.
4.
An analysis of the effects (direct and indirect) of the disturbance upon the Confirmed Forest Area.
5.
All Forest Impact Reports must be prepared by a State of New Jersey Approved Forester or other qualified professional.
d.
Forest Mitigation Plan. Where the Forest Impact Report confirms that disturbance of one acre or more of Confirmed Forest Area will occur, a Forest Mitigation Plan shall be prepared in accordance with the following:
1.
All Forest Mitigation Plans must be prepared by a State of New Jersey Approved Forester or other qualified professional. A Forest Mitigation Plan must include each of the components listed herein.
2.
Mitigation Priority Area Map. Priority Areas are forested locations within the site having the highest ecological value to be targeted for conservation, restoration, or mitigation, including such areas as:
(a)
Highlands Open Waters and Buffers.
(b)
Riparian Areas, including Floodplains and Floodprone Areas.
(c)
Critical Habitat.
(d)
Steep Slopes and Ridgelines.
(e)
Core Forests and Contiguous Forest Patches.
3.
Forest Protection Plan. A plan incorporating pre-construction and construction best management practices to ensure the well-being of forest areas adjacent or proximate to the disturbance area.
4.
Mitigation Description.
(a)
A description of the proposed forest restoration, tree planting plan or other mitigation initiative proposed to provide equivalent or enhanced forest ecosystem benefit in consideration of the extent and type of disturbance or deforestation that would result if the use or activity is approved.
(b)
Planting Plan indicating the specific plantings proposed, including size, species, quantity, location, separation distances, planting details, deer and pest management protections, and maintenance plans.
(c)
Maintenance Agreement. A minimum five-year maintenance agreement that outlines caretaking responsibilities of the applicant once the proposed planting has been completed. The maintenance agreement must include monitoring of newly planted stands, provide for protection devices in working order for five years, and ensure a survival rate of 70% in year 1, 75% in year 2, 80% in year 3, and 85% in years 4 and 5, plus each year >10% invasive or noxious species.
