[HISTORY: Adopted by the Township Committee (now Council) of the Township of Jackson 12-22-2003 by Ord. No. 41-03; amended in its entirety by the Township Council 8-11-2009 by Ord. No. 21-09 (Ch. 100 of the 1972 Code). Subsequent amendments noted where applicable.]
A. Indiscriminate, uncontrolled and excess destruction, removal and cutting of trees upon lots and tracts of land within Jackson Township will cause increased drainage control costs, increased soil erosion and sedimentation, decreased fertility of the soil, degradation of water resources, decreased groundwater recharge, increased buildup of atmospheric carbon dioxide, the establishment of a heat island effect and increased dust and pollution. The singular or cumulative affect of any of the foregoing could adversely impact the character of Jackson Township, decrease property values, render the land unfit and unsuitable for its most appropriate use, and negatively affect the health, safety and general welfare of Jackson's residents. Thus, the Township governing body desires to regulate and control indiscriminate and excessive cutting of trees within the Township and to require appropriate tree replacement.
B. It is recognized that there is a strong interrelationship between the integrity of the Township's water resources, development on steep slopes, tree removal, soil disturbance, stormwater management and the general use of the land resources. Fewer trees throughout the Township also correlates with increased air pollution. Therefore, the governing body finds that the appropriate management of these resources is an important health, safety and general welfare concern. Managing the Township's tree resources is consistent with the state-approved community forestry management plan, as in P.L. 1996, c. 135. The appropriate management guidelines for tree preservation to be utilized are
(1) The American National Standard, ANSI A300 (Part 5) - Management;
(2) Trees and Development: A Technical Guide to Preservation of Trees During Land Development, Nelda Matheny and James R. Clark; and
(3) Protection and Care of the Urban Forest, NJDEP Division of Parks and Forestry.
C. Trees are declared to be an important cultural, ecological, scenic and economic resource. Proper management of this resource will ensure its maintenance and result in economic returns. A forestry management program is intended to meet the objectives of preserving, protecting, enhancing and maintaining trees and providing opportunities for the continued use of forest resources which are compatible with the maintenance of the environment. This will be accomplished by ensuring management of forest and trees through the application of sound management practices. To that end, it shall be unlawful to cut down, damage, poison or in any other manner destroy or cause to be destroyed any trees covered by this chapter, except in accordance with the provisions of this chapter.
D. The enforcement of this chapter shall be the duty of the Shade Tree Commission of Jackson Township and its agents, such as the Tree Specialist, through the regulation, planting, care and control of shade, ornamental and evergreen trees and shrubs in the streets, highways, public places of the Township and tree removal on all lands within the Township.
As used in this chapter, the following terms shall have the meanings indicated:
CALIPER: ANSI Z60 FOR NURSERY STOCK "Caliper is a type of diameter measurement used in the nursery industry. The height measurement shall be taken from ground level for field-grown stock and from the soil line for container-grown stock, which should be at or near the top of the root flare. Caliper measurement of the trunk shall be taken six inches above the top of root flare up to and including four-inch caliper size. If the caliper at six inches above the ground exceeds four inches, the caliper should be measured at 12 inches above the top of root flare. Seldom are tree trunks perfectly round. The most accurate measurement will result from the use of a diameter tape. Caliper measurements taken with manual or electronic slot or pincer type caliper tools should be the average of the smallest and largest measurements.
COMMUNITY FORESTRY MANAGEMENT PLAN A plan developed by a municipality that outlines the goals and objectives for managing trees on municipal property with the intent of minimizing liability to the municipality and maximizing the useful life of the tree resource. The plan is to be approved by the New Jersey Department of Environmental Protection, Division of Parks and Forestry, New Jersey Forest Service. A Shade Tree Commission shall be formed to oversee the implementation of the community forestry management plan.
DIAMETER BREAST HEIGHT (DBH) The diameter of a tree measured 4 1/2 feet above the uphill/highest side.
EROSION The detachment and movement of soil or rock fragments by water, ice, wind and gravity.
EXEMPT AREA The lot area as provided in this chapter for which tree replacement shall not be required.
FOREST MANAGEMENT PLAN A plan for the management of timbered or forested lands approved by the New Jersey Department of Environmental Protection, New Jersey Forest Service, or similar state or federal agency.
HISTORIC TREE A tree that has been found to be of notable historic interest to Jackson Township because of its age, type, size or historic association and which has been so designated and that designation has been officially made and promulgated as part of the official records of the Township.
OPEN SPACE Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use and enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open spaces, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designated to be incidental to the natural openness of the land.
SHADE TREE COMMISSION Shade tree commissions can be formed by municipal ordinance, N.J.S.A. 40:64-1 et seq.
SPECIMEN TREE Any tree in fair or better condition which is so designated by the Shade Tree Commission based on considerations of whether the tree is a rare species or specimen thereof; is abnormal in height, trunk diameter or dripline circumference for a tree of its species; has foliage of an unusual quality for a tree of its species; occupies a location which confers special shade tree, fragrance, erosion control, aesthetic, scenic enhancement, historic, preservation or cultural values to the community. For purposes of this definition, "in fair or better condition" shall mean that a tree has a relatively sound and solid trunk with no evidence of extensive decay or visual evidence of being hollow and with no major insect or pathological problem.
TREE Any deciduous or coniferous species which has a DBH of six inches or greater.
TREE ESCROW FUND A fund established by the governing body for the administration and promotion of tree and shrubbery resource sustainability projects and practices which may be consistent with the Community Stewardship Incentive Program as outlined within the New Jersey Shade Tree and Community Forestry Assistance Act, P.L. 1996, c. 135.
TREE PLANTING PLAN A specific plan adopted by Jackson Township for the location and placement of trees on public property.
TREE PRESERVATION AND REMOVAL PLAN (TREE SAVE PLAN) A specific plan that contains tree locations and other information in accordance with § 405-5 herein.
TREE REMOVAL PERMIT The permit issued by the Shade Tree Commission or its designee to remove or destroy a tree or trees.
TREE REPLACEMENT PLAN A specific plan for replacement of removed trees in accordance with the provision of this chapter.
TREE SPECIALIST
A. The Mayor shall appoint a Tree Specialist. This individual shall be responsible for the inspection of sites for which application(s) are filed under this chapter. This individual will be responsible for the administration and protection requirements of this chapter and enforcement of the chapter as directed by the Shade Tree Commission.
B. A Tree Specialist is either of the following:
(1) A forester who shall have a bachelor's degree in forestry or arboriculture from a college or university, shall be certified as a certified tree expert by the State of New Jersey and shall have a minimum of three years' experience in planting, care and maintenance of trees. The forester shall have the responsibility of reviewing an approved forest management plan and inspecting the forested site for plan compliance if requested by the Tax Assessor.
(2) A conservation officer who shall be certified as a certified tree expert by the State of New Jersey and shall have a minimum of three years' experience in planting, care and maintenance of trees.
C. The Tree Specialist shall be paid from the Tree Escrow Fund, which is established herein, and shall be paid in accordance with a fee schedule established by contract with the municipality.
The terms and provisions of this chapter shall apply as follows:
A. Unless specifically excepted in Subsection C below, it shall be unlawful for any person to remove or cause to remove trees with a DBH of six inches or more without first having ob tained a tree removal permit as provided herein.
B. Specimen and historic trees.
(1) Trees which have been designated as specimen or historic under the provisions of this chapter shall be maintained in a living condition, and it shall be unlawful for any person to remove such tree without an approved tree removal permit. No specimen or historic tree shall be removed unless the applicant has obtained the approval of the Shade Tree Commission.
(2) The condition of trees proposed to be saved shall be evaluated by use of guides as follows:
(a) Evaluation of Hazard Trees in Urban Areas, ISA Books, Nelda Matheny and James R. Clark.
(b) Urban Tree Risk Management, USDA Forest Service, Northeastern Area.
(c) The Guide for Plant Appraisal, the Council of Tree and Landscape Appraisers.
C. Exceptions. The provisions of this chapter shall not apply to the following:
(1) Any property upon which no trees are located, as confirmed by a statement of no tree verification.
(2) Any tree of less than six inches DBH.
(3) Any tree or trees removed or cut in accordance with a forest management plan, provided that such plan is filed with the Tree Specialist, Shade Tree Commission and Tax Assessor.
(4) Any tree or trees removed or cut in accordance with an approved conservation plan prepared by the Soil Conservation District, provided that such plan has been filed with the Shade Tree Commission and Tax Assessor.
(5) Any tree or trees planted and grown for commercial purposes on property used as a commercial nursery, tree farm, garden center, Christmas tree plantation or tree orchard.
(6) Any tree growing in a utility right-of-way or fire trail subject to the approval of the Shade Tree Commission.
A. Any person wishing to obtain a tree removal permit shall make application to the Shade Tree Commission by filing a written application with the Tree Specialist and paying such fees as are set forth in § 405-8. No permit shall be issued until a tree preservation and removal plan for the lot or parcel has been reviewed and approved as compliant with § 405-5 by the Tree Specialist.
B. Where an application, as required by this chapter, has been submitted, no permit shall be issued until a tree save plan for the lot or parcel, if necessary, has been reviewed and approved as compliant with § 405-5 by the Tree Specialist, and until the filing of a written report of an on-site inspection by the Tree Specialist. Where an application is made in connection with the construction of a building or other improvement, no building permit shall be issued until the tree removal permit has been issued.
C. All required escrow and bond fees for any application, including required tree replacements or fees, shall be verified as paid prior to the issuance of the tree removal permit.
D. Tree removal permit applications shall be filed at the Tree Specialist's office and shall be completed in full. The application must be deemed complete and all required fees, as set forth in § 405-8, be paid prior to review.
E. Inspections. After the application is complete and reviewed, the Tree Specialist shall inspect the trees and property which are the subject of the permit application within 30 days.
F. Permit approval or denial. The Tree Specialist shall approve or deny the tree removal permit within 10 business days after completion of the inspection. The Tree Specialist shall notify the applicant in writing of the factual basis and criteria for any denial. The final decision of the Tree Specialist may be appealed to the governing body by filing written notice within 10 days of the final decision. The governing body shall hold a public hearing and issue its decision within 60 days after notice of appeal is filed, unless the applicant requests and the governing body consents to an extension of time. The governing body may delegate its appeal responsibilities to the Shade Tree Commission.
A.tree preservation and removal plan shall be submitted to the Tree Specialist's office. Applications that require Planning Board or Zoning Board approval shall have tree preservation and removal plans as part of the submittal to the Planning Board or Zoning Board and said plans provided to the Tree Specialist for review and approval in accordance with this chapter. Tree preservation and removal plans shall contain the following:
A. The name and address of the applicant.
B. The name and address of the owner of the property from which the trees are to be removed.
C. The lot and block of the property.
D. The shape and dimensions of the lot or parcel, including the location of all existing and proposed easements. If the tree removal permit is for a single-family residence, the plan shall consist of a tree location sketch containing the minimum amount of pertinent information to enable the determination of compliance with the regulations in this chapter, including the information set forth in Subsection D(1), (2), (6) and (8) below. The plan for any other property shall include a survey prepared by a licensed land surveyor that contains tree locations. The survey shall contain, at a scale of no less than one inch equals 50 feet, the following information:
(1) The existing and proposed tree preservation limits.
(2)The proposed limit of the clearing and all individual trees to be retained outside the tree clearing identified by some approved method as determined by the Tree Specialist, such as flagging, prior to the field inspection. For any clearing greater than or equal to three acres, a representative 5% of the wooded areas proposed to be cleared shall be inventoried. The representative 5% shall be determined by agreement between the Tree Specialist and the applicant. Where less than three acres is proposed to be cleared, all trees to be removed shall be inventoried.
(3) The installation and limits of a temporary existing tree protection fence along the limits of the proposed tree removal shall be in compliance with § 405-10.
(4) Locations of all forest types shall be identified by common and botanical names of dominant tre e species.
(5) All specimen and historic trees to be removed shall be indicated on the plan. All reasonable efforts shall be made to preserve such trees, including, but not limited to, if feasible, relocation of infrastructure, roadways and buildings. Removal of such trees shall require specific written approval of the governing body with consideration of the Shade Tree Commission's rec ommendations.
(6) A proposed tree replacement plan in accordance with this chapter. A tree replacement plan shall be considered the proposed landscaping plan required for all subdivision and site plan app rovals.
(7) A North arrow.
(8) The location of existing and proposed structures and improvements, if any.
Any and all permits approved by the Shade Tree Commission shall be declared null and void if the tree removal is not completed within a reasonable time, not to exceed 12 months after permit issuance. In no case will the permit be valid for more than 12 months. Permits not used within this period will require a new application and the payment of new fees. For purposes of this section, a permit shall no longer be valid when the work authorized by the permit is completed.
A. Upon completion of the Tree Specialist's field inspection report and review of any requested recommendations, the Tree Specialist shall approve a permit if:
(1) The tree preservation and removal plan is compliant with § 405-5;
(2) The tree replacement plan is approved by the Tree Specialist;
(3) None of the conditions set forth below in Subsection B exists;
(4) At least one of the criteria as follows has been satisfied:
(a) The tree is located in an area where a structure or improvements will be placed in accordance with the approval of Planning/Zoning Boards and the tree cannot be relocated on the site because of age, type or size of the tree.
(b) The tree is dead, diseased, injured, in danger of falling, is too close to existing or proposed structures, interferes with existing utility service, creates unsafe vision or clearance or conflicts with other ordinances or regulations.
(c) The tree is to be removed for harvesting as a commercial product or for the purpose of making land available for farming or other agricultural activity, or is to be removed in furtherance of a forest management plan or soil conservation plan, or to serve some other purpose which is consistent with the purposes of this chapter.
B. The Tree Specialist may deny a permit if the removal will contribute to extra runoff of surface water onto adjacent properties, erosion or silting, and such conditions are not otherwise satisfactorily abated, or if the tree removal causes:
(1) Impairment to the growth or development of remaining trees on the applicant's property or upon adjacent properties;
(2) Soil instability;
(3) Dust;
(4) Drainage or sewerage problems;
(5) Dangerous or hazardous conditions; or
(6) Depression of the value of adjacent properties.
A. Application.
(1) The applicant, at time of filing the application with the Tree Specialist, shall pay the application fee of $10 for each new or existing lot. No application shall be considered without the payment of the required fees. An inspection fee of $25 will be applied to all applications requiring an on-site verification.
(2) The replacement fee will be in accordance with § 405-9.
B. Tree Escrow Fund.
(1) A Tree Escrow Fund shall be established and maintained by the Chief Financial Officer of Jackson Township to receive and disburse replacement tree contributions. Appropriations from the Tree Fund shall be authorized by the governing body with consideration of the Shade Tree Commission recommendation in accordance with the municipal tree planting plan
(2) The primary purpose of said fund is to provide for the planting and maintenance of trees and shrubs on public property. The fund will also cover administrative costs to implement the provisions of this chapter, including but not limited to site inspections, processing of permits and supervision of tree replacements. Administrative costs imposed in accordance with this chapter shall not exceed 30% of the fund, as determined on an annual basis.
