A. Requirement.

Sites shall be graded to secure proper drainage and to prevent undesirable ponding of surface water. Grading shall be performed in a manner which will minimize damage to, or destruction of, trees. Topsoil shall be provided and/or redistributed on the graded surface as cover and shall be stabilized by seeding or planting. Grading plans shall have been submitted and approved with the subdivision plat or site plan, and any departure from these plans must be approved by the Approving Authority. Grading shall be designed to prevent or minimize damage to structures or improvements when major storms exceeding the 1 00 year storm design of the storm drainage system occur.

B. Drainage.

The site shall be graded to a storm drainage collector system of interior drainage, designed in accordance with the standards for storm drainage facilities and suitable drainage easements shall be provided.

C. Removal of Obstructions.

All tree stumps, masonry and other obstructions shall be removed and recycled according to Township or County standards.

D. Lot Grading.

The minimum slope for lawns shall be two (2) percent and for smooth hard-finished surfaces three-quarters of one percent (.75%).

The ground immediately adjacent to the foundation shall be sloped away from the building at a slope of not less than one unit vertical in twelve units horizontal (1:1 2) for a minimum distance of eight (8) feet.

A.minimum of fifteen (15) feet behind the rear of any residential unit shall be graded at a maximum of ten (10) percent so as to provide a useable rear yard.

E. Siltation prevention.

The developer shall take all necessary precautions to prevent any siltation of streams during construction. The developer shall provide adequate provisions in accordance with the "Standard for Soil Erosion and Sediment Control in New Jersey" to prevent any and all deposition of silt or other eroded material in any stream or water course. Such provisions shall be shown on the approved plan including, but not limited to, construction and maintenance of siltation basins or holding ponds and diversion berms throughout the course of construction.

Guiderails, pipe railing, or other appropriate barricades, shall be designed and placed at drainage structures, streams, embankment limits, curves and other required locations as specified by New Jersey Department of Transportation.

A.homeowners association may be established to own and maintain common open space and common property designed within a development. The developer shall file a declaration of covenants and restrictions that will govern the association, to be submitted with the application for the preliminary approval. If established, the organization shall incorporate the following provisions:

A. The association shall be established before the units are sold.

B. Memberships shall be mandatory for each buyer and any successive buyer.

C. Open space restrictions shall be permanent.

D. The association shall be responsible for liability insurance, local taxes, the maintenance of recreation detention, retention and other facilities and any other obligations assumed by the organization.

E. Owners shall pay their pro rata share of the cost; the assessment levied by the association can become a lien on the property if allowed in the master deed establishing the association.

F. The association shall be able to adjust the assessment to meet changed needs.

G. The association shall clearly describe in its bylaws all the rights and obligations of each tenant and owner, including a copy of the covenant, model deeds and articles of incorporation.

[Amended 5-10-93 by Ord. No. 93-22; 3-11-96 by Ord. No. 96-6]

A. Landscape Plan Required.

Site plan and subdivision applications shall include a separate, detailed plan, drawn to a scale of no less than one (1) inch equals fifty (50) feet, of all proposed landscaping, buffering, screening and existing trees to remain and be removed and all of the following items:

1. Plant listing, including:

a. All plant material to be used shall be keyed to plan(s) and defined by botanical and common name.

b. Quantity to be used.

c. Size of material to be planted.

d. Ultimate sizes of each plant and time to reach maturity.

e. Characteristics, ie. fall color, flowering, ornamental factors.

f. Plant delivery method, ie. container, balled and burlapped.

[Amended 5-10-93 by Ord. No. 93-22]

2. Information required for design must include:

a. Location, species and size ie. caliper, of all existing plant material to remain on site.

b. Indication of screening and buffer plantings required by ordinance.

c. Location and spacing of each plant to be planted, shown to scale.

d. Methods to be used in welling, staking and guying, mulching and wrapping according to township standards.

e. Ground covers to be used in design, which may be indicated as a mass planting, but spacing must be defined in plant list.

f. A means of screening utility boxes using evergreen plant material where they appear at ground level.

g. Existing and proposed contours.

h. Plants and sizes of plants scheduled for removal.

3. Name, signature, seal and address of person, firm or organization preparing landscape plans,

[Amended 5-10-93 by Ord. No. 93-22]

4. Placement and size of street trees shall be indicated along all thoroughfares in accordance with township standard specifications. A listing of acceptable street trees is on file with the Department of Planning and Engineering.

[Amended 5-10-93 by Ord. No. 93-22]

5. Soil type and condition.

6. Description of physical site conditions of consequence, ie. exposure, ground water level, urban vs. rural.

B. Protection of existing vegetation. [Amended 5-10-93 by Ord. No. 93-22; 3-11-96 by Ord. No 96-6]

1. A four (4') foot high protective barrier shall be installed at the drip line of each plant group of plants or area of vegetation that is to remain on site and maintained throughout the duration of construction. [Amended 5-10-93 by Ord. No. 93-22]

2. Barriers shall not be supported by the vegetation they are protecting but shall be self-supporting.

3. Trees designated to remain on the construction site are to be indicated on the site plan or subdivision plan as a clearing limit area beyond which no disturbance shall occur. The barrier shall be installed before a tree removal permit will be granted and/or before any excavation or construction is begun. [Amended 5-10-93 by Ord. No. 93-22]

4. No soil, soil stockpiling, storage of building materials or equipment operation shall be permitted within the drip line or within eight (8) feet, whichever is greater of any existing tree trunk. [Added 3-11-96 by Ord. No.96-6]

5. Any clearing within the drip line or within eight (8') feet of any vegetation to remain must be done by hand or with hand operated equipment.

C. Grading of land near trees.

[Amended 5-10-93 by Ord. No. 93-22; 3-11-96 by Ord. No. 96-61

The grade of land located along the drip line shall not be raised or lowered more than six (6) inches unless compensated for by welling or retaining wall methods and in no event be less than eight (8) feet from the trunk.

1. Tree wells.

For existing trees the well shall be the size of the drip line of the tree. Wells are to be constructed of suitable material subject to the Township Engineer's approval. Any well wall four feet (4') or greater in diameter shall be designed by a licensed engineer with calculations provided. Tree well details are to be field inspected to determine specifications on a case by case application. In no event shall a well be constructed arbitrarily without consent from the Department of Planning and Engineering.

2. Retaining walls.

Retaining walls are to be constructed around each tree or group of trees immediately after grade is lowered. This retaining wall is to be constructed of a suitable material deemed appropriate by the Township Engineer. Design calculations which have been signed and sealed by a professional engineer shall be submitted to the Township Engineer for review and approval. The walls shall be located after a field inspection to determine the location of the wall to insure maximum survivability.

3. Clearing near tree trunks.

Any clearing within the drip line of a tree must be done by hand. No equipment is to be driven over this area, and no building materials are to be stacked against the trees or within the area of the barrier.

4. Trees are not to be used as supports or for stockpiling.

[Amended 5-10-93 by Ord. No. 93-22]

No tree is to support any scaffolding, signs, temporary utilities or any other device. Topsoil is to be stockpiled in an area outside of the drip line from any tree designated to remain.

D. Specifications for new plantings of trees and shrubs.

[Amended 5-10-93 by Ord. No. 93-22; 3-11-96 by Ord. No. 96-6]

1. Only nursery-grown plant materials will be acceptable and shall conform with the standards of the American Association of Nurserymen.

2. Prior to the installation of all plant material, the results of physical and chemical tests of the subsoil and topsoil shall be submitted to the Director of Planning and Engineering to assess soil composition and if the pH is acceptable for proposed planting.

3. Trees and shrubs shall be planted only when the soil is frost-free and friable.

4. All material shall be guaranteed for one year from date of planting.

5. The use of and planting of bare root material shall be prohibited.

[Added 5-10-93 by Ord. No. 93-22]

6. All material shall be planted so that the top of the root ball is no higher or lower than the existing/finished grade dependant upon soil conditions.

[Added 5-1093 by Ord. No. 93-22; amended 3-11-96 by Ord. No. 96-6]

7. Minimum size of material at time of planting shall be 2-1/2 inches in caliper for shade trees, 5-6 feet in height for evergreens and ornamentals, and 18-24 inches in height or spread for most shrubs.

[Added 3-11-96 by Ord. No. 966]

8. Upon establishment of plant material at a site (approx. I growing season) all stakes, guying, tree wrapping, and saucers shall be removed.

[Added 3-11 -96 by Ord. No. 96-6]

9. The use of nylon twine on the root balls of proposed plant material is prohibited. All burlap shall be pulled back 1/3 at time of planting.

[Added 3-11-96 by Ord. No. 96-6]

E. Specifications for ground covers and mulch.

[Amended 3-11-96 by Ord. No. 96-6]

1. All planting beds must be mulched. The type to be used shall be noted on the site plan. Minimum required depth of placement is three (3) inches but shall not exceed four (4) inches. A NJDEP approved chemical preemergence selective herbicide and/or a permeable landscape fabric shall be used to reduce weed growth. The chemical to be used shall be specified on the site plan and used according to directions.

2. Ground covers are required in place of grass in small and restricted areas, such as tree and shrub beds and planters. Suitability of material is subject to the approval of the Planning and Engineering staff.

F. Design specifications.

[Amended 3-11-96 by Ord. No. 96-6]

1. Planting Strips.

Planting strips shall be provided between adjoining parking lots providing control of vehicular movement from one parking lot to the other.

2. Parking lot island specifications.

a. Where parking islands are to be planted, they shall be of a minimum width of six (6) feet from interior edge of curb to curb.

b. Parking islands are permitted in any parking lot but shall be required in all parking lots providing for more than thirty (30) parking spaces. Planted islands shall be provided within parking areas at a ratio of one (1) island per thirty (30) parking stalls.

[Amended 3-11-96 by Ord. No. 96-6]

c. All single-parking curbed island planters must be a minimum of six feet by twenty feet and double-parking curbed island planters a minimum of six feet by forty feet. The minimum depth of acceptable backfill in such planters must be two (2) feet for shrubs and four (4) feet for trees, unless poor drainage conditions exist which would require modifications.

G. Planting Procedures.

[Amended 5-10-93 by Ord. No. 93-22]

1. Tagging.

Each tree planted must be tagged with a durable label bearing the following information and must be inspected and approved prior to removal:

a. Genus, species, variety and plant patent number if a patented tree.

b. Cultural requirements, including watering and fertilization.

2. Staking.

[Amended 5-10-93 by Ord. No. 93-22]

Trees shall be staked in the following manner:

a. Three (3) stakes shall be driven a minimum of two (2) feet into undisturbed soil outside the planting hole.

[Amended 5-10-93 by Ord. No. 93-22]

b. Stakes when driven shall be one-half to two-thirds ( to 2/3) the height of the tree measured from ground level.

c. Stakes shall be two (2) inches in diameter, minimum. at the narrowest end.

d. Stakes shall be placed in line with prevailing winds.

e. Stakes shall be attached to the tree with twelve-gauge galvanized wire with visible safety flagging covered with rubber or plastic hose where wire is likely to come in contact with the tree trunk. An alternate may be any of the commercially available materials designed for staking trees upon approval of the Township. The loop in contact with the tree shall be loose enough to permit growth and prevent grinding and girdling for two (2) years but shall be tightly bound to the stake to prevent slipping.

3. Wrapping.

Each tree shall be wrapped with an expandable paper or cloth treated to last at least one (1) year.

a. This wrap shall extend from the ground level up the trunk to the first branches.

b. This wrap is to prevent sun scald and shall be attached or fastened at each end with a material that will permit tree growth without girdling.

4. Saucer.

A.ring of packed soil shall be placed around the finished planting hole of each tree.

a. The saucer shall be a minimum of six (6) inches higher than the finished grade.

b. Saucers placed on slopes shall be level at the top end and perpendicular to the tree trunk.

c. Saucers are to be designed to catch and hold the maximum amount of water, either from natural precipitation or irrigation.

5. Mulching.

a. A three-inch minimum to four-inch maximum layer of mulch shall be applied around each individual or group of trees and shrubs.

b. A "mulch" shall be considered a shredded organic material that is not readily subject to movement by wind or water.

c. Untreated new wood chips are not acceptable because of the bacteria drawing available nitrogen from the soil, thus preventing its use by the plants it is intended to protect. The use of marble chips is specifically prohibited.

6. Edging.

A.physical edging of steel or other durable material with the minimum dimensions of four (4) inches by one-eighth (1/8) inch shall be installed flush with the grade where planting areas abut turf areas. This is to perpetually delineate planting beds and reduce bed maintenance.

H. General specifications.

1. Only first quality nursery-grown materials that meet the standards of the American Association of Nurserymen shall be acceptable.

2. In the event that the season is not appropriate, a cash escrow equal to double the cost of completing the work to be done, plus ten percent (1 0%), as estimated by township personnel, of said landscaping installation, must be posted with the township to ensure that the installed landscaping complies with the requirements set forth.

I. Tree Removal. [Amended 5-10-93 by Ord. No. 93-22; 3-11-96 by Ord. No 96-6]

1. Permit Required.

No person shall remove or destroy or cause to be or allow to be removed or destroyed any tree without first obtaining a tree removal permit. Tree removal permits shall be issued by the Director of Planning and Engineering or his/her designee. A permit is required for the removal of all trees of six (6") inch caliper or larger. [Amended 5-10-93 by Ord. No 93.22]

2. Permit Application.

Applications for a permit shall be made to the Township Department of Planning and Engineering and shall contain the following information:

a. The name and address of the applicant.

b. The name and address of the owner of the property from which the tree(s) are to be removed.

c. Location on the property of the tree(s) to be removed, indicated on a plan. If the tree removal permit is for a single family residence the plan shall consist of a tree location sketch. For any other properties subject to the requirements of this ordinance the tree location plan shall be indicated on a survey prepared by a licensed Land Surveyor. [Amended 3-11-96 by Ord. No. 96-6]

(1) The plan shall indicate all tree(s) to be removed, specifically by an assigned number, and the caliper of each tree. [Amended 5-10-93 by Ord. No. 93-22; 3-11-96 by Ord. No. 96-6]

(2) The plan shall indicate all tree(s) to remain, specifically by an assigned number. [Amended 3-11-96 by Ord. No. 96-6]

(3) The plan shall indicate a limit of disturbance line (ie: where the four foot high standard wood snow fence will be erected). [Amended 3-11-96 by Ord. No. 96-6]

(4) For any clearing greater than two acres a representative five (5%) percent of the wooded areas proposed to be cleared shall be inventoried. The representative 5% shall be determined by agreement between the Director of the Department of Planning and Engineering or his/her designee and the applicant. Where less than two acres is proposed to be cleared all trees to be removed shall be inventoried. [Added 3-11-96 by Ord. No 96-6]

(5)All trees greater than twenty (20) inches in caliper or any specimen trees (ie. any unique or remarkable tree or species) to be removed shall be indicated on the plan. [Added 3-11-96 by Ord. 96-6]

d. Any other information which may reasonably be required to enable the application to be properly evaluated.

3.Exemptions

The following properties and uses shall be exempt from the requirements of obtaining a tree removal permit and the provisions of this code:

a. Existing residential properties 15,000 square feet or less in area and removing one (1) tree in any given one (1) year period.

b. Any property under a woodland management plan provided the woodland management plan is on file and certified by the local tax assessor.

c. Public entities, local utilities, Local, County, State and Federal Authorities maintaining property, easements or right of ways in the normal course of business or as required by State and Federal regulations.

d. The removal of individual tree limbs or branches as long as the habit and viability of the tree remains.

4. 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 granted. [Amended 3-11-96 by Ord. No. 96- 6]

a. Existing Residential Property. [Amended 5-10-93 by Ord. No. 9322; 3-11-96 by Ord. No. 96-6]

If the application is for an existing residential dwelling or a homeowners association and discloses that the total number of trees to be removed or destroyed on the property or open space area in question, and those which are the subject of the application, is ten (10) or less, the permit may be issued without replacement trees required. Within a one year period permits may be issued for removal of no more than ten (10) trees on the same property without replacement trees being required. Any tree removal occurring where a homeowners association exists must obtain approval by the ruling body of the association prior to obtaining a tree removal permit. [Amended 5-10-93 by Ord. No. 93-22; 3-11- 96 by Ord. No. 96-6]

b. New Residential Development.

1. If the application is for a new residential development (subdivisions), up to fifty (50%) percent of the trees may be removed for the purpose of clearing for the building envelope, driveways and yard space for the building lots only without replacement trees required. [Amended 3-1196 by Ord. No. 96.6]

2. For new residential development where tree removal is to occur within public or private roadways/right-of-ways, drainage facilities, parking areas or proposed open space all trees are subject to replacement in accordance with this section of the ordinance. [Added 3-11-96 by Ord. No. 96-6]

c. Agricultural Operations. [Amended 5-10-93 by Ord. No. 93-22]

Agricultural operations are exempt from replacement requirements providing the property in question is farmed for a minimum of five (5) years after the date of clearing. An application must be submitted prior to clearing. If the property is developed for any other use before the five (5) years expires, the replacement obligation will be enforced according to the new use of the property.

d. Nonresidential Development.

All commercial and industrial developments are required to replace all trees removed in accordance with this section of the ordinance.

5. Inspection Required.

A.representative of the Department of Planning and Engineering shall inspect the trees which are the subject of the application, the drainage, and other physical conditions existing on the property, and on adjacent properties.

No hazardous trees shall be permitted to remain on a property beyond completion of a project and/or the release of a performance bond. An inspection of replacement trees and removal of potentially hazardous, dead or dying vegetation will be required prior to the issuance of a certificate of occupancy or release of a performance bond.

6. Tree Escrow Fund Established. [Added 3-11-96 by Ord. No. 96-6]

A.Tree Escrow Fund shall be established by the Township of promote environmental enhancement programs such as tree planting, tree preservation, park development, landscaping and/or other related projects on or within Municipally owned properties or facilities. A separate trust account shall be established for this purpose. Appropriations from the Tree Escrow Fund shall be authorized by the Mayor and Council and shall be used for a municipal purpose through the recommendation of the Department of Planning and Engineering.

7. Replacement Tree Value Calculations. [Amended 5-10-93 by Ord. No. 93.22; 3-11-96 by Ord. No. 96-6]

The replacement value of all trees to be removed where replacement trees are required by this ordinance shall be calculated as follows:

Dead and diseased trees are not counted as trees to be replaced. 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 area costs for plant material.

b. The applicant will receive a one for one replacement tree credit should stands of ten (10) or more trees greater than 6 inches in caliper be preserved within tree removal areas. [Added 3-11-96 by Ord. No. 96-6]

c. Should the value of the trees to be removed be greater than the material value of the proposed landscaping then the outstanding balance shall be provided with additional shade tree plantings on site unless one (1) or more of the following conditions exist. [Amended 3-11-96 by Ord. No. 96-6]:

1. The site in question can not physically accommodate the total replacement amount of trees. The applicant shall contribute an amount equal to the calculated monetary value of removed trees minus the value of the proposed landscaping to the Township Tree Escrow Fund. [Amended 5-10-93 by Ord. No. 93-22; 3-11-96 by Ord. No. 96-6]

2. The Department of Planning and Engineering determines that the installation of additional multilevel plant material (ie. canopy trees, understory trees, shrubs, and ground covers) will increase leaf area, and therefore be more beneficial in terms of photosynthetic production, the total dollar amount for the replacement of the removed trees can be applied to this method, subject to final approval by the Township. This method of replacement is to be implemented as an additional supplement to the landscape plan. [Amended 5-10-93 by Ord. No. 93-22; 3-11-96 by Ord. No. 96-6]

8. Fees. [Added 5-10-93 by Ord. No. 93-22]

Upon application for a tree removal permit, the applicant shall be charged the following fees:

a. For existing single family homes when on properties greater than 15,000 square feet or removing more than one (1) tree: five ($5) dollar per tree.

b. For new residential building lots: twenty ($20) dollars per tree up to a maximum of five hundred ($500) dollars per lot.

c.For all other properties: twenty ($20) dollars per tree up to a maximum of one thousand ($1000) dollars for each acre.

9. Time Limit. [Added 5-10-93 by Ord. No. 93-22]

All tree removal permits shall be limited to one (1) year from date of issuance. If the approved tree removal has not occurred within one (1) year a new permit must be applied for and is subject to the payment of new fees.

J.Violation. [Amended 3-11-96 by Ord. No. 96-6]

Failure to obtain a valid tree removal permit or after proper delineation of clearing limits and the placement of the tree protection barrier in accordance with this Chapter any additional tree disturbance occurs, the developer or property owner shall be required to replace any tree removed improperly based on the following schedule:

1. The developer shall provide and install in accordance with Township standards one (1) additional 2 1/2 inch caliper/12-14 foot tall acceptable shade tree balled and burlapped for each 1 inch diameter of the tree unnecessarily removed.

2. At the developer's option, a 4-6 inch caliper new shade tree may be provided and installed at a ratio of 1 new tree per 4 inches of diameter of the tree unnecessarily removed. All material must be guaranteed for one year at time of planting. [Amended 3-11-96 by Ord. No. 96-6]

K. Penalties. [Amended 3-11-96 by Ord. No. 96-6]

Any person violating any of the provisions of this section or failing to perform in accordance with the terms of the Planning Board/Zoning Board approval, or the terms of the tree removal permit shall be subject to the penalties provided in Chapter 1, General Provisions, Art. 1, with provisions of fines of up to one thousand ($1,000) dollars per day for each offense. A violation of any of the terms of this chapter shall be abated within five (5) days after written notice has been served, either by certified mail or personal service. Each day that a violation continues thereafter shall constitute a separate office.' Violations and penalties will be enforced by the Director of the Department of Planning and Engineering or by his/her designee.

In addition to other remedies, the Building Inspector or other proper municipal official may institute any appropriate legal action to prevent a continuing violation of the terms of this chapter.

**Webmasters Note: The previous section has been amended as per Ordinance No. 10-14.