[Added 12-13-2005 by Ord. No. 3977-05]
The Township of Toms River finds that there are increasing incidents within the Township of the indiscriminate cutting and removal of trees. These tree cutting activities have endangered the preservation and maintenance of woodlands and wooded areas and the aesthetic, natural resource and environmental benefits which flow from their conservation and management. The Township Council finds that a continuation of these practices will result in the degradation of the environment of the Township generally, and increased problems of stormwater runoff, particulate air pollution, soil instability and erosion on particular lots upon which unplanned tree removal takes place and upon the lands which adjoin them. It is the intention of this Chapter to protect the property, health and general welfare of the citizens of the Township of Toms River by requiring the careful planning of any tree removal project which falls within its purview while allowing for such tree removal to take place in a managed and technically sound manner and to reduce the number of specimen trees that are to be removed in the development of lands.
This Chapter may be cited as the Toms River Township Woodlands Management Ordinance."
A. APPROVING BOARD/LAND USE BOARD/BOARD shall mean the Township Planning Board or Township Zoning Board of Adjustment pursuant to the jurisdictional criteria enunciated in N.J.S.A. 40:55D-1 et. seq.
B. AVERAGE WOODED ACRE shall be defined as the statistically-inferred structural attributes of a vegetative group, as described by the mean trees-per-acre, mean DBH and height, for each species of tree occurring in sampling and extrapolated to a "per-acre" basis.
C. BASAL AREA shall be defined as the cross sectional area of tree trunk in square inches, measured on living trees only and at 4.5 feet above uphill grade (i.e. at DBH). This is a measure that describes attributes of a single tree, a group of trees, or all of the trees in an area.
D. CALIPER shall mean the diameter measurement of a tree measured at 12" above ground level.
E. CERTIFIED TREE EXPERT AND CTE shall mean a person who has completed the education and testing requirements to be certified and recognized as such by the State of New Jersey DEP, Div. of Parks & Forestry - Board of Tree Experts.
F. CLEAR CUTTING shall mean the removal of all or substantially all standing trees on a lot. or portion of a lot.
G. CROWN shall mean all of the living branches, twigs and foliage of a tree after the first bifurcation from the main trunk or trunks.
H. DIAMETER BREAST HEIGHT shall mean the diameter of a tree measured at a point on the tree four and one half (4.5) feet from the uphill ground level. This phrase may appear in this Chapter as the abbreviation "DBH" or "dbh".
I. ENGINEER shall mean the Township Engineer and/or Planning, Zoning or other presiding Board Engineers.
J. EXEMPTION shall mean permission to depart from the requirements of this Ordinance.
K. FOREST STEWARDSHIP PLAN shall mean a formal forest and natural resource management plan that meet the requirements of such plans as described by the State of New Jersey DEP, Div. of Parks & Forestry - Forest Service.
L. HOMESTEAD LOT shall mean a lot existing at the time of the adoption of this Chapter upon which a single family residence has been or is to be constructed.
M. LANDMARK TREE shall generally mean any tree with a DBH of sixteen (16) inches or greater, or other individual a tree of unique scientific, historic, cultural or ecological value. Exceptions will be made based on species, health or conditions as determined by the Township Forester. A Landmark Tree is a historic resource, and must be designated as such and placed on a list by the Township Forester and Landmark Tree Committee.
N. LANDMARK TREE COMMITTEE shall mean a committee formed by and part of, the Township of Toms River Environmental Commission.
M. LANDSCAPE ARCHITECT a person certified by the State of New Jersey in the field of landscape architecture.
O. PERSON shall mean any individual, firm, company, co-partnership, association, corporation or developer other than the Township, the County of Ocean and the State of New Jersey.
P. REPLACEMENT TREE shall mean a nursery grown tree, either balled and burlapped or containerized, and marked with a durable label indicating genus, species and variety having a minimum caliper two and one-half(2-1/2) inches for non-coniferous trees and a minimum height of 8 feet for conifers. Every replacement tree shall, at minimum, comply with ANSI Standard 260.1-1996 "American Standard for Nursery Stock" et seq.
Q. SELECTIVE CUTTING shall mean the removal of certain, often larger, trees on an individual basis while leaving other trees, possibly of lesser size, for future silvicultural harvest.
R. SILVICULTURE shall mean the scientifically-based management of any forested tract of land, to insure its continued persistence, productivity and health whether for commercial or non-commercial purposes, pursuant to a current Forest Stewardship Plan approved by the State of New Jersey DEP, Div. of Parks & Forestry - Forest Service.
S. SLASH shall mean the debris, derived from the above-ground portions of trees, that remains on-site after a tree or timber removal operation.
T. TOWNSHIP ENGINEER shall mean the duly appointed Township Engineer for the Township of Toms River or his designee.
U. TOWNSHIP FORESTER shall mean an employee, or other designee or agent, of the Township of Toms River who is (1) an individual who is currently classified both as an Approved Consulting Forester and a Certified Tree-Expert (CTE) by the State of New Jersey DEP, Div. of Parks & Forestry - Forest Service.
V. TREE shall mean any woody species which reaches a typical mature height of twenty-five (25) feet and a typical mature DBH of four (4) inches or greater.
W. TREE MANAGEMENT PLAN shall mean the written plan required and described in Section 348-12.8 of this Chapter, and containing the proposed methods and procedures to be employed in conjunction with a tree preservation, removal or replacement project.
X. TREE PROTECTION FENCE shall mean a fence as described in Section 348-12.6.F.6 of this Chapter installed for the primary purpose of delineating the Tree Protection Zone of a tree to be retained during a disturbance event.
Y. TREE PROTECTION ZONE shall mean an area at the base of the tree, and usually predicated on tree size, that will be delineated by Tree Protection Fence and held inviolate during planned disturbances including but not limited to construction, excavation, compaction, etc.
Z. TREE REMOVAL PERMIT shall mean a permit to remove trees issued by the Township Engineer after review and approval of an application for removal and replacement of trees in accordance with the provisions of this Chapter. Tree Removal Permits shall be issued only after approval of a Tree Management Plan.
AA. VEGETATIVE GROUP shall mean a plant community that, based on species abundances and physical characteristics, is dissimilar from adjacent plant communities.
The following shall be exempt from the requirements of this Chapter:
A. Commercial nurseries, fruit orchards and farms.
B. Christmas tree plantings and farms.
C. Properties devoted to the practice of silviculture under a current Forest Stewardship Plan as approved by the New Jersey DEP, Div. of Parks & Forestry - Forest Service.
D. Removal by homeowner of verifiably dead, dying or diseased trees; trees severely storm-damaged; any tree or trees whose growth habit or architecture make them obviously at risk or pruning of trees by homeowner that do not affect the viability of the tree.
E. Pruning and removal of trees by utility companies to provide for utility line clearance of electrical conductors in accord with relevant easements.
F. Approved game management practice and habitat programs as recommended and approved by the State of New Jersey DEP, NJ Division of Fish and Wildlife, Fish and Game Council or similar agency.
G. Control of noxious weeds, invasive species, pest-infested trees and other threats to the well-being of the Toms River Township environment and community forest.
H. Individual trees representing immediate and unacceptable risk to safety of persons or property as determined by the Township Forester.
I. Trees removed in connection with the construction of a pool, fence, deck, patio, shed or other similar accessory structures used in connection with a single family residential dwelling and for which all necessary construction permits have been duly issued by the Township of Toms River.
J. The removal of any tree with a DBH of 4 inches or less on a lot containing an existing single family or two family residential dwelling.
K. The removal of any trees related to any development undertaken on property owned by the Township of Toms River, the County of Ocean and/or the State of New Jersey.
Where trees are to be removed or destroyed in connection with the construction of a single family or two family residential dwelling or in connection with the continued use of an existing single family or two family residential dwelling the submission of a Tree Management Plan shall not be required provided that the developer or owner complies with the following standards:
A. The applicant shall apply for a Tree Removal Permit. Said application shall provide the following information:
1. Street address of property with tax block and lot identified;
2. Names of all owners of property, together with address and telephone numbers;
3. Total acreage of the tract
4. A list identifying the number of trees with a DBH greater than four (4) inches to be removed.
5. A survey of the subject property annotated by the developer to show the limits of clearing or the location of the trees to be removed.
6. Payment of an application fee in accordance with 348-12.14(A).
B. The proposed development does not require major subdivision, minor subdivision, minor site plan, major site plan or conditional use permit approval.
C. The Tree Removal Permit shall be reviewed by the Township Forester and shall be approved provided that the developer complies with the following standards:
1. For unimproved homestead lots, after issuance of a Tree Removal Permit, a minimum of twenty-fiver percent (25%) of the existing tree basal areas shall be preserved on the parcel for the first acre or portion thereof; and a minimum of fifty percent (50%) of the existing tree basal area shall be preserved on the parcel for that portion of the lot in excess of one acre. On homestead lots of three acres or more, the applicant may clear an area up to one-half acre for the proposed home site while preserving the existing tree basal area in accordance with the standards set forth herein.
2. The tree(s) to be removed or destroyed is (are) not located within a threatened or endangered species habitat area, conservation area, environmentally sensitive area, wetland area or buffer area designated by State, County, or Township easement, regulation, ordinance or law.
3. The tree(s) to be removed or destroyed is (are) not located within a conservation area or buffer area as delineated and/or specified on a previously approved site. plan or subdivision plan for the property in question.
4. The tree(s) to be removed or destroyed was(were) not required to be planted by a previously approved application and/or landscape plan to provide screening or buffering for a building or structure located on the property in question or on an adjacent parcel of land.
5. Proposed alteration of tree population associated with the application, or reasonably expected to occur associated with said application, shall not cause an excessive increase of surface water runoff, soil instability and/or erosion.
6. Proposed alteration of tree population associated with the application, or reasonably expected to occur associated with said application, shall not result in damage to, or removal or constructive removal of any Landmark Tree.
A. Damage from Electrical Wires. Any person, firm or corporation having control over any wire for transmission of electrical current along a public highway shall at all times guard all trees through which or near which such wires pass against any injury from wires or from electrical current carried by them.
B. Protection from Injurious Chemicals. Except in matters involving the maintenance and enhancement of public safety, including but not limited to de-icing of roads and walks, no person, firm or corporation shall permit any injurious chemical to come into contact with the above or below ground portions of any tree or shrub upon a public highway, street or road or upon Township property.
C. Permission Required for Certain Acts. No person shall do or cause to be done upon trees in any Township right-of-way, Township open space, public street, road or highway within the Township, without first obtaining written permission from the Director of Public Works or Township Engineer, any of the following acts:
1. Cut, trim, break, climb with spikes, disturb the roots or otherwise intentionally injure, misuse or spray with harmful chemicals or remove any living tree two (2) inches or more DBH, or remove any device installed to support or protect such trees;
2. Fasten any rope, wire, electrical equipment, sign or other device to a tree or any guard about such a tree or shrub;
3. Close or obstruct any previously unobstructed space provided at the base of a tree which may be necessary to permit the access of air, water or fertilizer to the: roots of such tree.
D. Trees in Public Highways. No trees are permitted to be planted in a Township, County, or State right-of-way unless approved by the Toms River Township Planning Board or Board of Adjustment in connection with a land development application. Where a person desires to control the growth of existing trees on a public highway, street or road or right-of-way by removing them or pruning the trees, then the person shall contact the Township Director of Public Works and request the work to be performed.
E. Destruction of Trees. Unless exempted by the provisions of this Chapter, no person shall cut, remove or destroy, or cause to destroy, any tree growing in the Township without having first obtained a permit as provided in Section 348-12.8, or be subject to penalties as provided in Section 348-12.16.
F. Tree Preservation Standards. Because disturbance of tree root-zones often leads to direct and indirect damage to residual trees, the purpose of this section is to establish the rationale and criteria for protection of existing trees during site disturbance events including, but not limited to, construction activities.
1. The Tree Protection Zone ("TPZ") is defined conceptually as a minimum no-disturbance zone immediately beneath and generally centered about the tree trunk where such trunk emerges from the natural, originating grade.
2. Tree Protection Zones ("TPZs") shall generally be determined via the following formula: For every inch of tree diameter recorded as DBH, one (1) foot of radius about the base of the tree at the soil line, away from the trunk shall be added to the circular TPZ. Thus, a twelve (12) inch DBH tree would be at the center of a circular TPZ nominally 24 feet in diameter.
3. Where required, minimum diameter of a TPZ shall be sixteen (16) feet for trees eight (8) inches in DBH and smaller.
4. Departures from this formula are occasionally expected due to oddly distributed root systems, conflicts with required infrastructure and grading , and highly unusual operational limitations. In these events, the actual location of the TPZ for a given tree shall be determined by collaboration between the Applicant and the Township Engineer and shall be subject to final approval by the Township.
5. No soil shall be deposited into or removed from within the TPZ, nor shall machinery or materials be stored, heaped, off-loaded, deposited, cleaned or operated there, unless a waiver for said activity is granted by the approving Board.
6. Tree Protection Zones shall be clearly delineated and protected by a "Tree Protection Fence" comprised of snow fencing, orange-plastic construction fence or functional equivalent. Such fence shall have a minimum height of four (4') feet and be installed and inspected prior to issuance of permits and commencement of any site disturbance.
7. The soil grade just beyond the TPZ shall not be raised or lowered more than six inches unless compensated for by tree-welling, aeration, tiling, shoring or retainer methods, or other current, approved 'Best Practices' in the realms of arboriculture and tree preservation. In no event shall the welling, shoring or retaining wall structures be less than eight (8') feet from the trunk of the tree.
8. Associated with construction operations, all slash and debris created during tree removal and replacement shall be removed from the lot for disposal within 60 days of initial creation of any such slash and debris on an approved project, or before any certificate of occupancy shall be issued, whichever is sooner.
9. Associated with construction operations or repair of any building or structure, or in the construction or repair of a street, road and highway not yet dedicated to the Township, and any project subject to Township inspection, the owner thereof or the contractor shall take every precaution to place guards at the Tree Protection Zones of nearby trees on Township land or within public right-of-ways so as to effectively prevent injury to such trees. The owner and/or contractor shall each be responsible for the placement of such Tree Protection Fences, and observance of their significance as described throughout 348-12.6.
10. Failure to make adequate provision for the protection of trees as described in this Chapter shall subject the owner and builder to a penalty as hereinafter provided.
G. Right of Way Utility Vegetation Management, Pruning, Installation and Removal. Within utility Rights-of-Way, planting, pruning and other arboricultural and forestry techniques shall adhere to all relevant industry standards and `best practices' including, but not limited to, ANSI 2133 et seq., ANSI A300 et seq. and other standards as developed by professional societies such as the Ocean County Shade Tree Commission, the NJ Society of Tree Experts, the Tree Care Industry Association and the International Society of Arboriculture.
H. Shade and Park Trees. It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating or removing shade or park trees within the Township without receiving the written permission of the Director of Parks, Buildings, Grounds or designee. Before any permission is given, each applicant shall first file evidence of possession of liability insurance in the minimum amount of $1,000,000 for bodily injury and $100,000 for property damage, indemnifying the Township or any person injured or damaged resulting from the pursuit of such endeavors as herein described.
A. For Properties Relating to Preliminary/Final Major Subdivision, Minor Subdivision Preliminary/Final Major Site Plan, and/or Conditional Use Permit approval.
1. Where trees are to be removed, destroyed or impacted in connection with a proposed development requiring preliminary/final major subdivision approval, minor subdivision approval, preliminary/final major site plan approval, minor site plan approval, and/or conditional use permit approval from either the Dover Township Planning Board or Zoning Board of Adjustment, the applicant shall submit a Tree Management Plan (TMP) in conformance with Section 348-12.8 of this Chapter. No application for such developments shall be deemed complete until said TMP has been reviewed by the Township Forester and determined to be in compliance with the submission requirements of Section 12.8 of this. In the event that the Township Forester finds the proposed TMP not to be in compliance with Section 12.8 of this Chapter the application shall be certified to be incomplete by the Administrative Officer of the Reviewing Planning Board or Board of Adjustment and notice of the same shall be provided to the applicant.
2. At the time of the submission of an application for development any applicant may seek a waiver from the requirements of section 12.8 or any portion thereof. Said waiver shall be requested in writing setting forth the reasons why the waiver or partial waiver shall be granted. The waiver request shall be granted, partially granted or denied by the Planning Board or Board of Adjustment within the time period required by N.J.S.A. 40:55D-10.3.
3. Upon an application being deemed complete and prior to final board action on said application, the Township Forester shall prepare a written report on the applicant's TMP for review and action by the reviewing board.
4. All costs and fees charged by the Township Forester or professionals of the Planning Board or Board of Adjustment relating to the review of the applicant's TMP or waiver request shall be paid from the developer's escrow account in accordance with N.J.S.A. 40:55D-53.2.
A. Tree Removal Permit for Tree Management Plans Approved by Land Use Boards.
1. A Tree Removal Permit shall be required prior to the removal of any tree and said permit shall be in accordance with the Tree Management Plan approved by the Approving Board. The application for such permit must be presented to the Township Engineer. A copy of the signed resolution of approval and a copy of the fully-executed site plan or subdivision, indicating all conditions of approval have been met, shall be submitted to the Township Engineer before the Tree Removal Permit shall be issued. In addition, the applicant shall submit an individual plot plan in accordance with the requirements of section 3.7 of chapter 348 to confirm that the clearing of the new lot is in conformance with the Tree Management Plan as approved by the reviewing land use board.
a) The Tree Removal Permit issued by the Township Engineer shall be valid so long as the Approving Board's project approval is valid. The removal of, or damage to, trees not approved for such damage or removal shall be considered a violation of this Chapter.
b) Any substantial deviation from the practices described in the approved Tree Management Plan shall necessitate the submission of a revised plan to the Approving Board for review.
c) The Tree Removal Permit issued by the Township Engineer shall be displayed or be available for inspection at the site where tree removal and replacement is to take place. Failure to display or make available the Tree Removal Permit at the site of removal shall be a violation of this Chapter. Any person may examine the application for Tree Removal Permit on file with the Township Engineer upon request made in writing or in person to that office. Copies of the application submission shall be made available in accordance with law.
2. Prior to the issuance of a building permit, the developer shall comply with Section 348-12.6.E of this Chapter entitled "Tree Preservation Standards.
3. Prior to the issuance of the Certificate of Occupancy, the Construction Code Official shall receive a release from the Township Engineer that the terms of the Tree Removal Permit and /or the Tree Management Plan have been fulfilled in good faith by the applicant.
4. No trees may be removed except in accordance with an approved Tree Management Plan.
B. Tree Management Plans. As described, the Tree Management Plan ("TMP") shall be a conceptual and operational document guiding and establishing measurable criteria for tree and forest cover preservation. This plan must be prepared by the applicant's professional CTE or landscape architect. Applicants are encouraged to meet on site with the Township Forester to discuss Tree Management Plans prior to plan preparation and submission.
C. The Tree Management Plan shall provide the following minimum information:
1. A map having a scale of one inch equals fifty (50') feet or less showing the location of existing wooded areas;
2. Locations of slopes greater than ten (10%) percent where any tree removal is proposed;
3. Location of streams and watercourses on or abutting the tract or parcel;
4. Total acreage of the tract or parcel;
5. Locations on the tract or parcel where tree removal is to take place;
6. The location of each 0.1 acre plot used to determine the Average Wooded Acre as described in Section 348-12.3.C and 348-12.8C of this Chapter;
7. From each plot inventoried to determine, and from the aggregate of all sample plot data, the "Average Wooded Acre" indicating the mean trees-per-acre, DBH and height for each species occurring in sampling;
8. For tracts greater than one acre, the applicant may estimate of the total quantity of trees as described in the preceding. For tracts where less than one acre is proposed to be cleared, the number, size, and condition for each tree to be removed shall be based on actual count;
9. All trees with a DBH of sixteen (16) inches or greater and any other landmark tree occurring in the disturbance zone shall be specifically identified by location on the map and listed on a separate schedule showing species, DBH, height and condition. All efforts shall be made to preserve such trees, including, if necessary, relocation of infrastructure, roadways, and buildings;
10. For projects involving the permitted removal of trees, provisions for replacement of trees shall be made in accordance with Section 348-12.9 and incorporated into the Tree Management Plan, as required;
11. The location of existing and proposed structures and improvements, if any;
12. Twelve (12) copies of said Tree Management Plan, or a different number of copies as may be required by the approving board, shall be submitted to the Approving Board in accordance with this ordinance.
D. The "Average Wooded Acre" shall be determined as follows:
1. A partial, statistical inventory of all trees having DBH of four (4) inches or greater shall be conducted using fixed-radius sample plots. A minimum sampling intensity of 10% (one-tenth acre sample plot for each acre being assessed) shall be required. Height, DBH, species and condition of all trees occurring in the sample plots shall be recorded. All statistical sample-plots centers shall be staked or otherwise visibly marked in the field to allow for Township inspection. No trees or plot centers need to be surveyed for this task;
2. Because of the very limited scope of sampling under these provisions, locations of sample plot centers shall be determined by collaboration between the applicant and the Township Forester. A grid overlay of the wooded areas and proposed sample plot locations, drawn to the same scale as the site plan, shall be submitted with the application materials;
3. The location of the wooded acreage shall be located on a plan, along with sample plot centers and district boundary lines of the various vegetative groups, to provide a more accurate estimate of proposed tree removals that shall be directly related to the required tree replacement estimate.
4. Interpretation of sample data, and inference to required tree replacement estimates via the 'Average Wooded Acre', shall be in accord with forestry statistical methods currently accepted by the State of New Jersey DEP, Div. of Parks & Forestry - Forest Service for determining mean trees-per acre mean DBH and basal area and heights for each species occurring in sampling.
