A. Tree replacement criteria for approved Tree Management Plans - Individual Trees. Where permitted removal of, or severe damage to, trees results in their loss or constructive loss in violation of preservation requirements, by an approved applicant acting in good faith to meet the terms of this Chapter, replanting equivalence formulae for individual trees, are as follows:

1. If the removed tree is between 2.5 and 4.0 inches DBH, replacement shall be with a minimum of one (1) tree, of 2.5 inches caliper (minimum);

2. If the removed tree is between 4.1 and 6.0 inches DBH, replacement shall be with a minimum of two (2) trees, each of 2.5 inches caliper (minimum);

3. If the removed tree is between 6.1 and 8.0 inches DBH, replacement shall be with a minimum of six (6) trees, each of 2.5 inches caliper (minimum);

4. If the removed tree is between 8.1 and 12.0 inches DBH, replacement shall be with a minimum of eight (8) trees, each of 2.5 inches caliper (minimum);

5. If the removed tree is greater than 12.0 inches DBH, the number of 2.5" caliper: ten ((10) trees, each 2.5 caliper/min)

6. Maximum number of replacement trees required to be installed in such instances shall be at the discretion of the Township Engineer, and at no time shall exceed 200 trees-per cleared acres. This requirement shall not constrain or modify penalties duly levied under this ordinance.

B. Tree replacement criteria for approved Tree Management Plans - Average Wooded Acre. In cases where trees must be replaced number and size of trees to be replaced are calculated from sampling data instead of actual census, the replacement criteria in Section 12.9.A. shall be applied to the estimated mean stand diameter and trees-per-acre inferred from such sample data, at the discretion of the Township Engineer.

C. Appropriate Species. The species of replacement tree (s) and the mix of replacement tree types (deciduous, evergreen, etc.) shall be selected to reasonably approximate a native tree population on the site, pre-disturbance. In all cases preference shall be given to Tree Management Plans that emphasize the use of species historically native to the area and control of noxious, invasive or poorly adapted ones. All replacement trees shall be installed and then warranted by applicant for a period of twenty-four (24) months after final disposition of the project and TMP by the Township. To assist applicants in the planning process, a revised list of preferred trees for use in the Township - stressing native species that generally require less water and care is set forth below: All trees shall be ANSI Z60 compliant and installed according to the following minimum criteria:

1. In general, excavation for planting shall be at least one (1) foot wider than the ball of earth supplied with the tree. The planting backfill shall be unammended endemic soil in all but the most unusual cases, at the direction of the Township Forester. A four (4") inch rim or saucer around the edge of the pit shall be created to collect water. Trees shall be adequately watered at the time of planting and mulched with three inches of approved mulch immediately after planting. Mulch shall not touch the base of the tree.

2. At the discretion of the Township Forester, trees shall be staked and guyed immediately after planting. Stakes shall be of cedar or oak, six (6) feet long and no less than two (2) inches in diameter. Stakes shall be located in undisturbed soil outside of the planting pit. Trees shall be guyed to the stakes using current best practices. Tree wraps shall be removed after planting, as shall synthetic twines, ropes, tags, wires, labels, pots and wire baskets.

D. For Lots Less than Ten Percent Wooded. On parcels to be developed where less than ten (10) percent of site is wooded, in addition to any trees that must be replaced or provided under this Chapter, there shall be required the addition of one 2 1/2 (minimum) caliper tree for every one thousand (1,000) square feet of impervious coverage. Street shade trees required for right-of-way may not be credited toward this requirement.

E. Credit for Replacement Trees. Except where specifically prohibited, any trees required by a landscaping plan shall be credited toward the number of replacement trees. However, no credit shall be granted for street shade trees, short-lived exotic ornamentals, shrubs, forest seedlings and natural regeneration.

F. On Site Replacement Trees. All replacement trees required under a Tree Removal Permit or approved Tree Management Plan shall be planted on the site from which trees were removed. A waiver from any portion or all of the required on-site replacement requirements may be granted only by the Approving Board, based upon verified operational impediments related to conditions of the site for which the permit was sought. The comments and recommendations of the Board Engineer in consultation with the Township Forester shall be solicited in determining whether the requested waiver is warranted. In addition, there shall be no deviation from or modification to an approved Tree Management Plan except as approved by the Approving Board.

G. Off-Site Replacement Trees. 4P Based on waiver granted under the terms of Paragraph F. above, in lieu of replanting trees on the removal site, with the approval of the Approving Board, the applicant may have the option of planting replacement trees of type(s) selected by the Township Forester from the approved list of trees set forth in Section 348:12.9.C. at an off-site location chosen by the Township Council in consultation with the Township Forester. Such off-site location(s) shall be restricted to Township-owned public property or conservation easements including, but not limited to, public parks and grounds of public buildings.

All slash generated by the falling, trimming or pruning of individual trees shall not be left on the ground of the lot(s) and shall be removed immediately.

A. One of the purposes of this ordinance is to reduce the extent of clear cutting permitted on a lot or lots proposed to be developed. Accordingly, the Tree Management Plans to be submitted by developers shall, to the greatest practicable extent, reduce the areas within a proposed development that are to be clear cut and preserve the largest number of specimen trees on site by the use of innovative planning and engineering techniques. Care should be taken by the developer and the reviewing land use board and its professionals to, respectively, prepare and approve grading and elevation plans which result in the preservation of the largest number of specimen trees on site and to reduce the limit of clear cutting to the greatest practicable extent. The clearing and grading plans prepared in accordance with Section 348-8.7 shall conform with the project's companion Tree Management Plan and shall be prepared to further the purposes of this section.

B. There shall be no clear cutting of trees within any development subject to this ordinance unless approved by the reviewing land use board as shown on an approved Tree Management Plan.

C. All portions of a lot that have been clear cut where the land cleared has not been placed into long term agricultural or horticultural use within six months, shall be replanted in accordance with section 12.9 of this Chapter.

Notwithstanding any exemption to the replacement requirements of this Chapter, an application for the harvest of timber as part of a Silviculture program shall be based upon, and in accordance with, the standards and recommendations of the New Jersey DEP, Div. of Parks & Forestry - Forest Service. Only a copy of the New Jersey Department of Environmental Protection approved NJ Forest Stewardship Plan may be submitted to the Township Engineer and / or Tax Assessor as documentation of this sort of forest management. Timber harvest plans approved by New Jersey DEP, Div. of Parks & Forestry - Forest Service or any other entity including, but not limited to the Township of Toms River, shall not be deemed as proof of engagement in silviculture.

A. Interference with Lawful Work. No person, firm or corporation shall prevent, delay or interfere with lawful work undertaken hereunder by the Director of Public Works, Township Forester or other employees of the Township.

B. Removal of Trees Authorized. The Township of Toms River, its employees, agents and/ or contractors, shall have the power to do the following:

1. Remove any tree or part thereof dangerous to public safety at the request and expense of the owner of such tree, only if it impacts Township roadways or Township-owned real-estate, properties, or trees.

2. In the case of public safety affecting public rights-of-ways or flow of vehicular traffic, the Director of Public Works, in consultation with the Township Forester and the Township Engineer shall have the power to notify the owner of any real estate property to remove or prune the trees on private property. If, after notification the owner fails to remove or prune such trees, Director of Public Works shall have the power to remove the trees and charge the actual cost thereof to such owner. The Director of Public Works shall also have the power to contract with the owner of any real estate in the municipality for the purpose of removing trees in accordance with this section and to charge the actual cost to the Township thereof to such owner. If the payment is not made on demand, the Director of Public Works may certify the actual cost thereof to the collector of taxes, whereupon the sum so certified shall be collected by the collector as other taxes or real property are collected in the Township.

A. For each Tree Removal Permit, there shall be a fifty ($50.00) dollar fee for applications under Section 348-12.5.

B. Where the applicant is seeking both a Tree Removal Permit and Tree Management Plan approval under Section 348-12.7A, the application fee shall be one hundred ($100.00) dollars and an escrow fee of two hundred ($200.00) for both, which shall be paid at the time of submission of an application for development to the Township Land Use Boards.

For the planting, removal and/or the replacement of trees in conjunction with an application for development of property as a subdivision or site plan, zoning permit or in any other form of development where approval of an 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.

A. Each tree damaged, removed or destroyed in violation of this Chapter shall be deemed to be a separate and distinct violation.

1. Any person who is convicted of any violation of this ordinance relating to activities on an existing and improved single family or two family residential lot shall be liable for a penalty of not more than one hundred dollars ($100.00) for a first offense and a penalty of not more than five hundred dollars ($500.00) for each subsequent offense. For all other violations, any person who is convicted of a first offense of violating any of the provisions of this Chapter, shall be liable for a penalty of not more than one thousand ($1,000.00) dollars per violation or a term of community service for no more than thirty (30) days, or both, at the discretion of the court having jurisdiction over this matter. Subsequent offenses, other than the first, shall incur a penalty of one thousand two hundred fifty ($1,250.00) dollars and a term of community service no more than ninety (90) days or no more than ninety (90) days imprisonment, 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 Chapter.

C. The Township may also require the replacement of illegally removed trees with trees of similar species and sizes.

D. The issuance of a "Stop Work Order" and a summons by the Township Engineer may be issued for inappropriate or illegal tree removal activities upon recommendation of the Township or other Township Official or designee.

E. If the Township requires a Tree Management Plan for the illegally removed trees, the applicant shall post a cash guarantee covering one hundred fifteen (115) percent 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 twenty four (24) months after the cessation of construction or land disturbance on the site. If any of the trees require replacement, the applicant must replace said trees. If the applicant fails to replace the trees, the guarantee funds shall be used to replace trees which die or are damaged during this two-year growing season period. Any unused guarantee 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 and / or Township Forester.

The Township Council through the Township Engineer of the Township may revoke a permit where there has been a false or misleading application or there is a non-compliance with the approved Tree Management Plan.

**Webmasters Note: The previous sections, 348-12.1 through 348-12.17, have been amended as per Ordinance No. 4156-08.