For all replacement requirements, the following formulas shall apply:

A. For trees over four-inch caliper and under eight-inch DBH. For trees with a DBH equal to or greater than four inches and less than eight inches, replacement shall be based upon the percentage of the trees removed as set forth below:

B. For trees over eight-inch DBH and under sixteen-inch DBH. 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.

C. For trees over sixteen-inch DBH. 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:

D. Appropriate species. The species or type of replacement tree and the mix of replacement tree types (deciduous, conifer) shall be selected from the species removed from the tract under consideration or from an approved list of trees, including shade trees, ornamental trees and conifers, as recommended by the approving board and its professionals. All trees shall be nursery certified and installed as follows:

(1) In general, excavation for planting shall be large enough to accommodate the natural spread of the root system. The planting backfill shall be one part humus or peat, one part screened topsoil and one part native soil from the site to ensure an appropriate planting medium and adequate soil transition between the planting pit and the native undisturbed soil for proper root growth and development. The "parent material" or native soil, if suitable, should not be disposed of, instead it should be used to create a four-inch rim or saucer around the edge of the pit to create a dish for rainwater collection and uptake by the tree roots. Trees shall be adequately watered at the time of planting and mulched with three inches of approved mulch immediately after planting. Mulch should not touch the base of the tree. [Amended 4-26-2005 by Ord. No. 0-05-1]

(2) Trees shall be staked and guyed immediately after planting. Stakes shall be of cedar or oak, eight 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 plastic interlock chain straps one inch minimum. Tree wrap shall be removed after planting. [Amended 4-26-2005 by Ord. No. 0-05-1]

E. For lots less than 10% wooded. On parcels to be developed where less than 10% of 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 may be credited toward the number of replacement trees at the discretion of the appropriate Township official. However, the purpose and intention of this article shall be taken into consideration in granting this credit. No credit shall be granted for street shade trees required under this article.

A. On-site replacement trees. All required replacement trees shall be planted on the site from which trees were removed if possible. A waiver from any portion or all of the required on-site replacement may be granted by the approving board and shall be based upon documented practical physical difficulties and undue hardship related to conditions of the site from which trees are to be removed. The comments and recommendations of the Board Engineer in consultation with the Certified Tree Expert, Shade Tree Commission and Environmental Commission shall be solicited in determining whether the requested waiver is required.

B. Off-site replacement trees. In lieu of replanting trees on the removal site, applicant shall have the option of planting replacement trees of type(s) selected by the Certified Tree Expert from the approved list of trees contained in this article at an off-site location chosen by the board in jurisdiction in consultation with the Certified Tree Expert, Shade Tree Commission and Environmental Commission. Such off-site locations shall be restricted to Township-owned public property, including but not limited to public parks and public buildings.

C. Township Tree Fund. In the alternative, should the quantity of the trees to be removed be greater than the tree replacement/landscaping plan due to limited available planting area, the applicant may make contribution to be deposited in the Township Tree Fund as established by this article. The contribution, in lieu of planting of trees, shall be $300 per tree. Contribution from the applicant shall not exceed the total sum of $35,000 per developed acre. [Amended 4-26-2005 by Ord. No. 0-05-1]

Any person or developer of subdivisions or site plans, claiming that they have conducted tree removal operations which are in substantial conformance with the terms of this article prior to the date of its enactment may, within 60 days after the final adoption of this article, make application to the Planning Board for a certificate of prior use. The Planning Board shall, within 90 days of the date of receipt of such an application, cause the premises to be inspected to determine that any tree removal project is in substantial conformity with the terms of this article, and such determination shall serve as a certificate of prior use relieving the application of an obligation to secure a tree removal permit for continued operations of said tree removal project. Failure of the Planning Board to act within the time specified shall be deemed to be an approval of the request for a certificate of prior use. Any person who does not file for such certificate within 60 days of the date of this article shall conclusively be presumed to be bound by the terms of this article.

All toppings and slash that are generated by the felling of individual trees or trimming of trees may not be left on the ground of the lot and shall be removed immediately.

A. There shall be no clear-cutting permitted on slopes of 10% or greater in grade; however, selective cutting or thinning is permitted.

B. There shall be no clear-cutting permitted within new or proposed major subdivisions unless otherwise stated in this article or by the approving board.

C. All portions of a lot which are clear-cut, where the land thereby cleared has not been placed into agricultural or horticultural use within the required six-month time period, shall be replanted in accordance with § 188-194.

Notwithstanding any exemption to the replacement requirements of this article, an application for the harvest of timber and/or silviculture, shall be based upon and in accordance with the standards and recommendations of the New Jersey State Bureau of Forestry pertaining to the type of tree removal project proposed. A copy of the forestry permit and plans must be submitted to the administrative officer.

A. There shall be a fee as set forth in Chapter 139, Fees, for applications under § 188-193A(2). If the tree removal permit involves any other type of land use permit (i.e., deck, pool, etc.), no additional fees will be required. Upon receipt of a complete application, the Administrative Officer shall approve or deny said application within 10 calendar days. [Amended 4-26-2005 by Ord. No. 0-05-1]

B. Where the applicant is seeking a tree removal permit and management plan approval under § 188-193B, the application fee shall be as set forth in Chapter 139, Fees, in addition to all other fees required by § 188-167.

For the planting, removal and/or the replacement of trees in conjunction with an application for development of property as either a minor or major subdivision or site plan, zoning permit or in any other form of development where approval of the Approving board will be required, the applicant shall post a performance guarantee with inspection fees in accordance with the New Jersey Municipal Land Use Law and Township ordinances.

There shall be established by this article a Township tree fund for the purposes set forth in this article. The value of a replacement tree shall be set in § 188-195C.

A. Dedication of funds. All funds collected as contribution in lieu of replanting shall be deposited in a dedicated account clearly designated as the Township Tree Fund. All funds so deposited shall be used for the planting and maintenance of trees and other tree-related uses as defined in the ordinance establishing the tree fund.

B. Administration of funds. The tree fund shall be administered by the Chief Financial Officer, who shall report to the Township Council and the Shade Tree Commission on a quarterly basis detailing the use of the fund.

An applicant may appeal to the Planning Board of the Township of Howell from a decision of the administrative officer denying a tree removal permit or from any other action or requirement of the administrative officer under the terms of this article. Said appeal shall be made within 30 days of the date upon which notice of denial or other action of the administrative officer is served upon the applicant. The Planning Board shall consider the findings of the administrative officer and the testimony of the applicant and may thereafter take the following actions:

A. Affirm the decision of the administrative officer.

B. Overrule the decisions of the administrative officer and direct that a tree removal permit be issued.

C. Overrule the decision of the administrative officer denying the permit but conditioning the issuance of said permit upon the satisfaction of such conditions as the Planning Board shall impose.

D. In special circumstances and upon a showing of good cause by the applicant, waive a requirement of this article where said waiver will not frustrate the basic intent and purpose of this article.

A. Each tree cut, damaged or destroyed in violation of this article shall be deemed to be a separate and distinct violation. Any person convicted of violating any of the provisions of this article shall be liable for a penalty of not more than $1,000 per violation or imprisonment in the county jail for no more than 90 days, or both, at the discretion of the court having jurisdiction over this matter.

B. In addition, the Township may institute and maintain a civil suit in chancery for injunctive relief to enforce the provisions of this article. The Township may also require the replacement of illegally removed trees with trees of similar species or an appropriate contribution for same as set forth in other sections of this article.

C. The issuance of a stop-work order and a summons by the administrative officer or designee may be issued for inappropriate or illegal tree removal activities upon recommendation of the Township Certified Tree Expert, a state-certified forester or Township official.

D. If the Township requires a mitigation plan for the illegally removed trees, the applicant shall post a cash guarantee covering 15% of the cost of the tree replacement plan, including labor at the time of issuance of the tree removal permit. The guarantee shall be held for two growing seasons after the cessation of construction or land disturbance on the site. If any of the trees require replacement, the applicant must replace the damaged or diseased trees. If the applicant fails to replace the trees, funds shall be used to replace trees which die or are damaged during this two-year growing season period. Any unused funds shall be returned to the applicant at the end of the two-year period. The cash guarantee estimate shall be prepared by the Township Engineer. [Amended 4-26-2005 by Ord. No. 0-05-1]

The Township Council through the administrative officer of the Township may revoke a permit where there has been a false or misleading application or there is a noncompliance with the approved management plan.