D. In determining the DPM of specimen trees for purpose of the above calculation, half-inch will be rounded up to the nearest whole inch and less than half an inch will be rounded down to the nearest whole inch.

E. Any tree left standing which was designated for removal, or any tree planted in compliance with other requirements of this Chapter shall be credited against the total replacement count on a one-for-one basis; provided, however, that trees required to be planted by the Board within street right-of-ways as part of an approval for an application for development shall received no credit.

F. Wherever replacement trees are being planted pursuant to this section and Tables B(l) and B(2), the species or type of replacement tree shall, to the greatest degree practical, be the same as the species or type removed from the tract.

G. In the event that the replacement of the required number of trees cannot reasonably be achieved on site, the applicant may request or may be required to contribute an amount equal to the cost of replacement shade trees, including installation and guarantee (twice the current wholesale value of each unplanted tree) to a fund established by the Township for the purpose of tree maintenance, tree preservation, tree planting, and landscaping. The fund may also be used for the administration of a Township tree forestry management plan.

All applications for tree removal permits must be made to the Administrative Officer. After determining that the application is complete, the Administrative Officer shall provide written notice to the applicant that the application for tree removal permit is complete and shall refer one copy of the completed application for tree removal permit to the Township Environmental Commission and one copy to the Shade Tree Advisory Committee, together with a written request that they review the application and provide their comments and recommendations within 35 days of the date of the letter of transmittal. After thirty-five (35) days from a referral to the Shade Tree Advisory Committee and the Environmental Commission, the Administrative Officer shall approve or deny the application for tree removal permit. If denied, a statement of reasons supporting the denial shall accompany the denial. Due consideration shall be given by the Administrative Officer to the timely receipt of comments and recommendations of the Township Environmental Commission and the Shade Tree Advisory Committee. Where approval is given, no permit shall issue until the applicant provides a performance guarantee as required in Section 13-9.13. No performance guarantee may be released until full compliance with the approval permit has been made, all required replacement trees have been installed and an appropriate maintenance bond has been posted in accordance with this section. Where the application is approved, a tree removal permit shall issue as hereinabove described.

A. Where an applicant seeks a waiver from the strict enforcement of this section, an application completed except for those portions for which waiver is sought shall be submitted and referred for comment and recommendation to the Environmental Commission and the Shade Tree Advisory Committee as described in Section 13-9.7. After thirty-five (35) days have elapsed from date of said referral, the application, together with all supporting data, the comments and recommendations of the Environmental Commission and of the Shade Tree Committee shall be forwarded to the Board if in conjunction with an application for development for consideration of the application for waiver. If not in conjunction with an application for development, determination of the application of waiver shall be made by the Administrative Officer. Such determination of the Administrative Officer may be appealed to the Zoning Board of Adjustment pursuant to Section 13- 3.5(a) of the Ordinance.

B. When determining whether or not to grant a waiver of full technical compliance with the requirements of this section and the requirements for replacement trees, the Administrative Officer or the Board, as the case may be, shall weigh the negative impacts of the proposed waiver versus the benefits of compliance and shall consider the following:

(1) Is it reasonably economically feasible for the applicant to comply with this Article based upon the character and extent of the application for development? An applicant seeking a waiver on this ground shall submit a certification setting forth the anticipated cost of all construction and soft costs, including public improvements, structures, detention basins, layout, design, engineering, legal, as well as the anticipated sale price of the property to be sold or market value of the property upon completion. In no event shall a reduction in the number of replacement trees be greater than one-half of the original number required pursuant to this Article.

(2) The minimal degree of land disturbance in comparison with the overall size of the tract. For example, land disturbance of less than ten (10) percent of the overall size of the tract with no future plans for development of the tract remaining undisturbed would be an extraordinarily low percentage of land disturbance and could justify reducing the number of replacement trees; provided, however, that if the remaining undeveloped portion of the property were to be developed within five (5) years, all waived replacement trees would be reinstated as a condition of future development.

(3) The proposed use of the property includes at least twenty (20) percent low and moderate income housing units.

(4) A lot in a single family detached dwelling zone of five (5) acres or less upon which there is an existing single family detached dwelling or upon which a single family detached dwelling will be constructed. which has the possibility of further subdivision based on the zoning ordinance but upon which the applicant seeks no further development or a subdivision. In such cases, a waiver respecting replacement trees similar to homestead lots may be approved by the Planning Board; provide, however, that if the property is subdivided within five (5) years, then the applicant must comply with the tree replacement criteria for the category of application, i.e., subdivision, minor subdivision or major subdivision or site plan application for both the existing lot including any waved replacement trees, and the proposed lot or lots.

C. After its determination on the application for waiver, the Board shall forthwith provide a copy of its Resolution to the Administrative Officer who shall incorporate the Board's determination into the determination on the application for tree removal permit.

A. The clearing limits/limits of disturbance shown on the replacement plan shall be fully established prior to cutting of permitted wooded acreage and shall be defined by snow fencing firmly secured along the drip line, but not less than six (6) feet from the trunk, of the remaining trees. In a like manner specimen trees and isolated groupings of trees which are to remain on the site shall be clearly protected by snow fencing or equally visible and protective device installed along the drip line of the tree(s) but not less than six (6) feet from the tree trunk(s).

B. The grade of the land located along the drip line shall not be raised or lowered more than six (6) inches unless compensated by welling or retaining wall methods; and in no event shall the welling or retaining wall methods be less than six (6) feet from the trunk of the tree.

C. No soil stockpiling, storage of building materials or equipment operation shall be permitted within the drip line or within six (6) feet of any remaining trees, whichever is greater.

D. Any clearing within the drip line, or within six (6) feet of the trunk of a remaining tree must be done by hand or with hand-operated equipment.

E. Where clearing and/or construction on the site results in accidental removal, or severe damage which will eventually result in death and removal of any tree delineated in a replacement plan as remaining on site, such removed or damaged tree shall be replaced pursuant to the applicable replacement tree schedule in Section 6C hereof using substantially comparable species and type trees.

A. A tree removal permit shall be acted upon within a reasonable time of the determination by the Administrative Officer that a completed application has been submitted.

B. An application for development may be conditioned upon the subsequent approval of a tree removal permit.

C. An approval by statutory default by virtue of a Board failing to act upon application development within a prescribed statutory time period shall not automatically grant approval of a tree removal permit and shall not be deemed to be an approval of a request for a waiver of the application of any portion of this section to an applicant for development.

Any substantial change in a replacement plan shall necessitate the submission of a revised plan to the Administrative Officer for review and approval pursuant to this section.

The Administrative Officer may revoke a permit where there has been a false or misleading application or for noncompliance with an approved replacement plan.

A. Nonrefundable application fee of seventy-five ($75.00) shall be submitted, together with a review and inspection fee of two hundred dollars ($200.00) for the first acre and one hundred dollars ($100.00) for each additional acre or portion thereof on which tree removal activities are proposed.

B. An escrow fee, in an amount not less than one (1 %) of the estimated replacement cost or five hundred dollars ($500.00) whichever is greater, may be required to cover expenses of review of the application and site inspection subsequent to completion of the tree removal activities. Any unused balance will be returned to the applicant after final approval.

C. A performance guarantee shall be submitted upon approval of an application, in favor of the municipality in an amount not to exceed 120% of the cost for the replacement plan on the property in an amount estimated by the Township Engineer. This should exclude off tract trees, for which a contribution was made.

D. Notwithstanding any limitations set forth in Chapter XIII, following completion of the planting of trees in accordance with the approved replacement plan and as a condition of the release of the performance guarantee, the permit holder shall post a maintenance guarantee with the Township Clerk for maintenance of the replacement trees. The maintenance guarantee, which may be a surety bond, shall not exceed fifteen percent (15%) of the costs of the replacement plan and shall be posted for a period not to exceed two (2) years after acceptance of the completed replacement plan. Under the maintenance guarantee, an eight-five percent (85%) survival rate for two-year guarantee period shall be considered satisfactory.

E. At the discretion of the Administrative Officer, the foregoing fees and/or guarantees may be waived, in whole or in part, where the number of replacement trees is five or less.

A. The holder of a tree removal permit shall notify the Administrative Officer in writing at least seven (7) business days in advance to when tree removal activity will commence. No activity shall take place on Saturdays, Sundays or legal holidays without express written approval from the Administrative Officer.

B. The notice shall also include advice as to the manner of disposal of the removed trees. Where appropriate, the Administrative Officer shall advise the Township Recycling. Coordinator of the name of the permit holder, the location of the removal site, the date removal is to commence, and the manner of disposal to be employed.