A. Tree replacement schedule.

(1) Any tree removed pursuant to this chapter, unless exempt under § 405-3C, shall be replaced based on the following:

(2) In cases where the tree cost requirement criteria is combined with other criteria of this subsection, the value of proposed shade, ornamental, evergreen and shrub material shall be deducted from the calculated amount for replacement trees. The value of the proposed landscape material shall be calculated based upon average local material costs for planting.

B. The applicant will receive a one-for-one replacement tree credit should stands of 10 or more trees greater than four inches in diameter be preserved within the limit of the disturbance line.

C. All replacement trees shall be planted on site in accordance with the foregoing. However, if one or more of the following conditions exist, some or all of the replacement trees may be planted off site:

(1) The site in question cannot physically accommodate the total replacement amount of trees, and the applicant contributes an amount equal to the calculated monetary value of non replaced tre es to the Tree Escrow Fund; or

(2) The Tree Specialist and applicant agree in writing that the applicant shall make payment to the Tre e Escrow Fund based upon the chart provided; or

(3) The Tree Specialist and applicant agree in writing that the applicant shall plant replacement trees off site on municipally owned property pursuant to the municipal tree planting plan.

D. Notwithstanding the tree replacement fee schedule in Subsection A above, in all commercial and industrial applications, the tree replacement fee shall be $25 per tree, with a maximum amount of $2,500 per acre. Specimen and historic trees shall not be included in this fee calculation, but shall be assessed a separate fee in accordance with the fee schedule provided in Subsection A above.

A. Protective barriers.

(1) Prior to construction and any tree removals, suitable tree protective barriers shall be erected, and this protection, where required, shall remain until such time as the protection is authorized to be removed by the Tree Specialist or after issuance of a final certificate of occupancy. In addition, during construction, no attachments or wires shall be attached to any of said trees so protected. Where some grading must take place within the dripline of trees in the protection zone, appropriate measures shall be taken to minimize impact to the trees. Any trees seriously damaged during construction must be professionally treated by a New Jersey certified tree expert or replaced if the damage is beyond treatment.

(2) A detail of the existing tree self-supported protective barrier shall be provided on all applications. The protective barrier shall be a minimum of four feet high.

(3) The self-supported protective barrier shall be placed, as determined by the Tree Specialist, at the dripline of any tree along the limit of clearing and around the entire dripline for trees to remain undisturbed within the limit of clearing. Refer to: Trees and Development, Table 6.2, page 74.

(4) It shall be unlawful for any person in the construction of any structure or other improvement to place solvents, material, construction machinery or temporary soil deposits within the dripline.

B. Street right-of-way and utility easements may be delineated by placing stakes a minimum of 50 feet apart and tying ribbon, plastic tape, rope, etc., from stake to stake along the outside perimeters of such areas to be cleared.

C. Large property areas separate from construction and land clearing areas into which no equipment will venture may also be delineated as set forth above in § 405-10B, as determined by the Tree Specialist following a field evaluation.

Any tree removed pursuant to a tree removal permit shall be replaced as provided below, unless said tree is located in an exempt area, is dead or fatally diseased as determined by a certified tree expert, or tree replacement payment is made pursuant to § 405-9. Tree replacement shall be required in accordance with the standards set forth in ANSI Z60.1, American Standard for Nursery Stock. Tree replacement shall be in accordance with either Subsection A, B, C or D below or a combination of Subsections A, B, C and D.

A. One-to-one tree replacement. For each tree six inches in DBH or greater that is removed, the applicant shall prepare a replanting plan for other areas of the property. The replacement plan or landscape plan shall reflect a one-to-one tree replacement for each tree six inches or greater to be removed. All proposed replacement trees shall be in accordance with selections from Trees For New Jersey Streets, published by the New Jersey Shade Tree Federation, and Street Tree Factsheets, a publication of the Municipal Tree Restoration Program, and submitted for review and approval prior to the issuance of a tree removal permit.

B. Tree area replacement/reforestation. For each square foot of tree area to be removed, the applicant shall prepare a reforestation scheme on other treeless open space areas of the property to compensate for the tree removals. The reforestation plan shall be based on a twenty-foot-by-twenty-foot grid. Of this number of trees, 10% shall be balled and burlaped, two-inch to two-and-one-half-inch caliper; 20% shall be balled and burlaped, one-and-threefourths-inch to two-inch caliper; 30% shall be bare root one-and-one-fourth-inch to one-andone-half-inch caliper; and 40% shall be bare root six-foot- to eight-foot-tall whips. A mixture of trees, indigenous to the area and site, shall be utilized. Proposed trees shall be planted in natural groves and may be spaced five feet to 20 feet on center. The ground shall be seeded with a grass mixture approved by the Shade Tree Commission. The reforestation formula shall follow the guidelines as set forth in the New Jersey No Net Loss Reforestation Act, P.L. 1993, c. 106 (N.J.S.A. 13:1L-14.2).

C. Credits. The permit applicant will receive a one-to-one replacement tree credit:

(1) For stands of 10 or more trees with a DBH of six inches or greater preserved within the limit of the disturbance line; or

(2) Forested areas of one acre or greater, which are left natural and conveyed to the Township with a deed restriction that they will remain forested and undeveloped. This conveyance excludes all previous dedicated easements.

D. All replacement trees shall be planted on site, unless all of the replacement trees cannot be physically accommodated. In such instance, the applicant shall pay the tree replacement fee in accordance with the schedule in § 405-9.

E. Exempt areas.

(1) For all existing residential properties and new residential development with a proposed lot area of less than 40,000 square feet, up to 50% of the lot area may be exempt area. For residential development with a proposed area of 40,000 square feet or greater, up to 20,000 square feet in area may be exempt area. The exempt area shall be calculated as a contiguous, circular area from a fixed point within the footprint of the existing or proposed primary residential structure on the property. The exempt area should be calculated to minimize any adverse environmental impacts.

(2) Agricultural operations are exempt from replacement requirements because such operations are governed by the Right to Farm Act, N.J.S.A. 4:1C-1 to 4:1C-10, which preempts local regulation. Property owners claiming exemption under this subsection must continue to farm the property in question as described on the tree removal permit for a minimum of five consecutive years after the date of clearing or date of commencement of the prescribed farming activity that is deemed compliant by the Tree Specialist. An approved permit must be submitted prior to clearing. If the property is not farmed as prescribed on the tree removal permit within three years of the tree removal or is developed for any other use before the five years expires, the reforestation replacement obligation in accordance with § 405-11B will be enforced according to the new use of the property.

(3) In all commercial, industrial and nonresidential developments, with a proposed buildable lot area less than 40,000 square feet, up to 50% of the lot area may be exempt area. For development with a proposed buildable area of 40,000 square feet or greater, up to 20,000 square feet in area may be exempt area. The exempt area shall be calculated as a contiguous, circular area from a fixed point within the footprint of the existing or proposed primary structure on the property. The exempt area should be calculated to minimize any adverse environmental impacts.

(4) Utility line clearance operations, provided that such plan is filed with the Tree Specialist and work performed in accordance with ANSI A300 Part 7: BMP Utility Pruning of Trees, and Board of Tree Experts Pruning Standards for Shade Trees, Section 5.5.

In case of emergencies, such as hurricanes, fire, windstorm, ice storm, flood, freezing temperatures or other disaster, or in the case of dead or diseased trees which are a hazard to persons or property, the requirements of the regulations set forth in this chapter may be waived by the Tree Specialist upon a finding that such waiver is necessary so that the public or private work to restore order on the property in the Township will not be impeded.

A. The Shade Tree Commission is hereby authorized to issue stop-work orders to the holder of the tree removal permit, and the Tree Specialist is authorized to recommend the issuance of stop-work orders in the event that there is:

(1) A failure to comply with the approved plan, such as a site plan, forest management plan or soil conservation plan;

(2) Noncompliance with the tree removal permit granted pursuant to this chapter; or

(3) Noncompliance with the provisions of this chapter.

B. The stop-work order shall remain in effect until the Shade Tree Commission, upon recommendation of the Tree Specialist, has determined that the resumption of work will not violate the plans, permit or the provisions of this chapter.

The Shade Tree Commission in conjunction with the Tree Specialist shall oversee all tree removals pursuant to an issued tree removal permit. The Tree Specialist shall conduct adequate inspections of all sites for which a tree removal permit has been issued. Upon the ascertainment of a violation of this chapter, the Tree Specialist or Shade Tree Commission shall refer enforcement actions to the Code Enforcement Officer.

All provisions of this chapter shall apply to any person removing trees on behalf of any other person, including all tree removal construction companies or persons in the business of removing trees or construction. It shall be unlawful for any person or company to remove or cause to be removed any tree or undertake any work for which a permit is required pursuant to this chapter unless a valid permit therefor is in effect and is displayed in accordance with the provisions set forth in § 405-16; such removal or work shall constitute a violation of this section and shall subject the person or company violating this section to all penalties provided herein.

A. The applicant shall prominently display on the site the tree removal permit issued. Such permit shall be displayed continuously while trees are being removed or replaced or work done as authorized on the permit and for 10 days thereafter. In addition, the person or persons cutting or removing trees, if other than the applicant, shall carry with him/her authorization from the owner or applicant authorizing such person to cut or remove trees. In the event that the trees are being cut or removed in accordance with a forest management plan or a soil conservation plan, a copy of the plan shall be in the possession of the person cutting or removing such trees.

B.As a condition for the issuance of the permit, the applicant shall agree in writing to the entry onto his/her premises by the Tree Specialist and all law enforcement officers as necessary to effectuate the provisions of this chapter, and such entries shall be deemed lawful. Failure to allow such entry shall be unlawful and shall constitute a violation of this chapter and shall constitute failure to display the permit as required herein. It shall be unlawful and considered a violation of this chapter for any person to engage in the business of plant cutting, trimming, removal, spraying or otherwise treating trees, shrubs or vines within the Township and without the applicable certification or license for the designated work. All contractors offering tree care services for hire within Jackson Township shall register annually with the Tree Specialist, provide a current certificate of insurance showing evidence of employer liability and workers' compensation coverage for the work to be performed, and shall comply with applicable OSHA regulations, ANSI Z133.1 Safety Standards, New Jersey Board of Tree Experts Pruning Standards for Shade Trees and ANSI A300 Practice Standards.

The Tree Specialist shall perform the duties set forth in this chapter and shall be responsible for the enforcement of the provisions of this chapter as directed by the Shade Tree Commission. In this regard, the Tree Specialist is authorized and shall perform any necessary inspections and is further authorized and shall issue violation notices and shall sign complaints and provide testimony in the Municipal Court for violations of this chapter.

A. Any person, firm, partnership, corporation, association or other legal entity violating any of the provisions of this chapter shall, upon conviction of such violation, be punished by a fine of up to $2,000 for each offense, in the discretion of the Judge before whom conviction may be had. Each illegally removed tree shall be considered a separate violation. Each violation of any of the provisions of this chapter and each day the same is violated shall be defined and taken to be a separate and distinct offense. In addition, the court may order restitution (fine and/or appraised value, whichever is greater) and/or replacement of the tree illegally removed.

B. In addition to other remedies, the Shade Tree Commission, Tree Specialist or other authorized official may institute any appropriate legal action to prevent a continuing violation of the terms of this chapter.