The Township Council of the Township of Roxbury, has found that indiscriminate, uncontrolled and excessive destruction, removal and cutting of trees upon lots and tracts of land within the Township causes increased drainage control costs, increased soil erosion, decreased fertility of the soil, decreased groundwater recharge, increased glare and heat pollution, increased buildup of atmospheric carbon, and increased dust -- all of which tend to impact the character of the Township by decreasing property value. These factors render land unfit and unsuitable for its most appropriate use and adversely affect the health, safety and general welfare of the inhabitants of the Township. Tree conservation will help secure safety from flood, promote a desirable visual environment, promote conservation of valuable natural resources, prevent urban sprawl and degradation of the environment. Therefore, the Township desires in this Article to regulate and control indiscriminate and excessive cutting of trees within the Township, to preserve the maximum possible number of trees in the course of development of a site, protect larger, older specimens of trees, encourage innovative design and grading to promote the preservation of existing trees, and provide a plan for replacement of trees which promotes a desirable visual environment.

The following words and expressions as used in this chapter shall have the following meanings, unless the context clearly indicates a different meaning:

ADMINISTRATIVE OFFICER The Administrative Officer shall be the Township Manager or his designee.

AESTHETIC IMPROVEMENT CUT The removal of the minimum extent possible of the smallest and poorest specimens of trees so as to permit land development while retaining the maximum number of larger and healthier specimens of trees.

AVERAGED WOODED LOT An inventory of a portion of each property subject to the provisions of this Article shall be made to establish the average number of each species of tree within the area to be disturbed (which includes any area from which trees are to be removed or cut down). This inventory shall constitute the averaged wooded lot and shall be determined as follows: the applicant shall select random 1/10 acre representative plots throughout the area to be disturbed, which plots shall have comparable tree populations to the area to be disturbed generally. Each representative plot shall be visibly marked by stakes or other appropriate markers. The location of the representative 1 /10 acre plots shall be subject to approval by the Administrative Officer. The number of representative 1/10 acre plots shall be equal to 50% of the number of acres within the area to be disturbed (including any area from which trees are to be removed or cut down); provided, however, that the number of representative 1 /10 acre plots shall not be less than ten (10) unless the area to be disturbed is one acre or less, in which event the entire area to be disturbed (including the area from which trees may be cut down or removed) shall be inventoried. Once the representative plots have been identified and approved, each tree on each representative 1/10 acre plot shall be inventoried by species and the average of each species calculated from the total of each representative 1 /10 acre plot shall be determined for the total of representative 1 /1; acre plots. That average number of species shall represent the number of species of each tree within the disturbed area and the composite of all averaged tree species shall constitute the averaged wooded lot (specimen trees are not part of the averaged wooded lot as they are inventoried individually throughout the entire tract.)

BOARD The municipal agency, either Planning Board or Zoning Board of Adjustment.

CLEAR CUTTING the removal of all standing trees on a lot or portion of a lot.

DIAMETER AT POINT OF MEASUREMENT The diameter of a tree measured four and one-half (4 1/2) feet above the ground level on the downhill side for existing trees to be surveyed in the field and shown on a replacement plan. Trees utilized in the replacement of existing trees shall be measured six (6) -inches above the ground for trees with a four (4) inch caliper or less, and measured twelve (12) inches above the ground for trees over a four (4) inch caliper. Diameter at a point of measurement may appear in this section as the abbreviation "DPM".

DRIP LINE A limiting line established by a series of perpendicular drop points marking the maximum radius of the crown of an existing tree, but not less than six (6) feet from the truck, whichever is greater.

HOMESTEAD LOT A pre-existing lot located within a zone permitting single family detached dwellings upon which is constructed one single family detached dwelling or upon which is proposed to construct one single family detached dwelling; and which property as a result of zoning restrictions could not be further subdivided.

REPLACEMENT PLAN A specific plan for replacement of removed trees in accordance with the provisions of this section.

REPLACEMENT TREE A nursery-grown certified tree, properly balled, marked with a durable label indicating genus, species and variety, and satisfying the standards established for nursery stock and installation thereof, set forth by the American Association of Nurseryman. Caliper of replacement trees shall be as follows: evergreen trees. 7' to 8' ornamental trees. 2" to 2 1/2": shade trees. 2 1/2" to 3". The mixture of replacement tree types shall be determined by the Administrative Officer.

SELECTIVE CUTTING The removal of larger trees on an individual basis while leaving trees of lesser size.

SILVICULTURE The management of any wooded tract of land to insure its continued survival and welfare, whether for commercial or noncommercial purposes, pursuant to a plan approved by the New Jersey Bureau of Forestry.

SLASH The forest debris remaining after a tree removal operation.

SPECIMEN TREE Any tree with a DPM of twenty-four (24) inches or greater.

THINNING The removal of undesirable, competitive, diseased or damaged trees so as to cultivate and improve the development of remaining trees on the lot.

TOPPINGS The uppermost twenty percent (20%) of height of a tree constituting its crown.

TREE Any tree species which has a DPM of six (6) inches or greater.

No person shall cut down or remove or permit, suffer or allow the cutting down or removal of any tree or specimen tree without first having complied with this Chapter.

The following shall be exempt from this Article 13-1 1:

A. Commercial nurseries and fruit tree orchards.

B. Christmas tree plantations.

C. Removal of trees which are dead, dying or diseased, or trees or specimen trees which have suffered severe damage, or any tree or specimen tree whose angle or growth make them a hazard to structures or human life.

D. Pruning or removal of any tree or specimen tree growing on or over a public right-of-way or public property by an appropriate authority or authorized utility company for maintenance of utility wires or pipe lines.

E. Homestead lots.

F. Those projects which prior to the effective date hereof have received preliminary major subdivision approval, final major subdivision approval, or site plan approval; provided, however, that an amendment to a major subdivision approval, site plan approval, or preliminary major subdivision approval which is made after the effective date of this section and which modification or amendment impacts upon existing trees, shall be subject to the provisions of this section. Applications for extension of preliminary major subdivision approval where further tree removal is required shall be conditioned upon compliance with this section where the application for extension has not been granted prior to the effective date of this section.

A. Prior to the cutting down or removal of any tree which is subject to this section, a permit shall be obtained from the Administrative Officer entitled a "Tree Removal Permit". The application for a Tree Removal Permit shall include:

B. A completed application on a form prescribed by the Administrative Officer including, as a minimum:

(1) Name, address and phone number of property owner.

(2) Name, address and phone number of applicant, if different from owner.

(3) Consent in writing of owner if applicant is different than owner.

(4) Description of the location of the premises by street address and tax lot and block number.

(5) An inventory of trees based upon an averaged wooded lot, showing all calculations and supporting factual data.

(6) An inventory of all specimen trees by size and species.

(7) A grid overlay to the same scale as a site plan or subdivision map, if any, or if none, another formal map or survey showing the location of one-tenth (1/10) representative plots for determination of the averaged wooded lot.

(8) A site plan to the same scale as the grid overlay described in the preceding number, showing the entire tract of land, delineating the areas of disturbance, the location of all specimen trees in the area of disturbance, an identification of each specimen tree by size and species; an identification of specimen trees to be cut down or removed by location, size and species.

(9) A calculation of the trees and specimen trees to be removed.

(10) A calculation of the total replacement trees required in accordance with this section.

(11) Where a monetary contribution is proposed in lieu of replacement trees, a calculation of the monetary contribution together with an explanation demonstrating good cause for concluding that the requisite number of replacement trees cannot reasonably be placed on site.

(12) A specific replacement tree plan as defined herein below.

(13) A request for waiver of the requirements of this section together with a detailed explanation of the reason for waiver request and the inability to reasonably comply.

(14) The required fees and escrows in accordance with this section.

A. Where the application is in conjunction with a minor subdivision application to create a homestead lot or lots, removal of trees up to fifty (50) percent of the number of trees on the proposed homestead lot(s) may be removed without replacement trees required by this section. Removal of specimen trees shall only be permitted where the location of a tree forces the placement of a structure outside the permitted building setbacks; where a tree whose location, angle or growth makes them a hazard to a structure or human life; where the location or growth of a tree inhibits the enjoyment of an outdoor pool, patio, or deck or such proposed uses for which a building permit has issued; or removal of specimen trees which are otherwise exempt. The removal of trees in excess of fifty (50) percent or the removal of specimen trees which are not exempt requires a replacement plan based upon the standards set forth in Table B-1 and Table B-2. For minor subdivision applicants, a statement of the number and species of trees constituting the replacement plan together with a certification indicating that same will be planted shall be sufficient; provided, however, that no certificate of occupancy shall issue for use of any structure built upon said lots created by said minor subdivision until such time as evidence verifying the planting of the replacement trees has been completed. Neither a performance nor a maintenance bond shall be required in the case of a minor subdivision.

B. Where the application for a tree removal permit is in conjunction with an application for major subdivision or site plan approval or any minor subdivision other than a subdivision to create homestead lots as described in paragraph 13-9.6A, or relates to any other property not otherwise exempt, the replacement plan shall include the following:

(1) A site plan showing the size, location and species of all trees constituting replacement trees to be planted within the disturbed area or elsewhere on site.

(2) The site plan shall identify the lot and block numbers, the street address, if known or assigned, and a certification of compliance with the requirements of this section.

(3) Location of streams and watercourses.

(4) Location of slopes of greater than ten (10) percent where any tree removal is proposed.

(5) The location(s) on the tract where tree removal is to take place.

(6) The total acreage of the tract.

(7) The total number of wooded acres to be disturbed within the tract.

(8) A specific plan for replacement of removed trees pursuant to Section 6C hereof.

(9) A written summary of measures taken to preserve existing trees.

(10) Evidence that the method of disposal of removed trees, toppings and slash is consistent with law. All efforts shall be made to preserve specimen trees including, if necessary, relocation of infrastructure, roadways and building. Removal of any specimen tree shall require specific approval and any specimen trees approved for removal shall be listed individually on the tree removal permit.

C. All plans for replacement of removed trees shall be based upon the following formulas:

(1) For trees as defined herein, replacement shall be based on the percentage of the trees removed as set forth in Table 13(1) below.

(2) Specimen trees as defined herein shall be replaced in accordance with Table 13(2).