[Adopted by Ord. No. O-87-10 (§6-16 of the Revised General Ordinances)]

This article shall be known and may be cited as the "Tree Preservation Ordinance of the Township of Freehold."

A. The intent of this article is, through the preservation and protection of trees to aid in the stabilization of soil by the prevention of erosion and sedimentation; reduce stormwater runoff and the costs associated therewith and replenish groundwater supplies; aid in the removal of carbon dioxide and generation of oxygen in the atmosphere; provide a buffer and screen against noise pollution; provide protection against severe weather; aid in the control of drainage and restoration of denuded soil subsequent to construction or grading; provide a haven for birds which in turn assist in the control of insects; provide a haven for wildlife; protect and increase property values; conserve and enhance the Township's physical and aesthetic environment; and generally protect and enhance the quality of life and the general welfare of the Township and its residents.

B. The purpose of the provisions relating to heritage/historic trees within this article is to require the preservation of those trees which are identified as a mature (fully developed) tree of a specific size and species, and those trees involved in documented historic events. Permission to remove such trees on any property within the Township except in the most compelling and extraordinary circumstances shall be prohibited. Removal shall take place only after a thorough investigation and recommendation by a New Jersey board certified tree expert or a New Jersey approved consulting Forester, and the agreement of the Township Forester.

As used in this article, the following terms shall have the meanings indicated:

BUSINESS DAYS - Monday through Friday, except holidays.

DISEASED TREE - A tree which is irretrievably diseased or infested with insects such that no available treatment can cure the disease or infestation.

FORESTER - The Township employee holding the position of Supervisor of Trees.

HERITAGE TREE - Any tree by reason of its diameter measured 41/2 feet above the ground (dbh) on the uphill side to be a mature tree of significant size. The Township Forester shall prepare and maintain the Standards for Determining Heritage Trees, for individual tree species. These standards shall set forth the size requirement for determining a heritage tree.

HISTORIC TREE - One which is associated with a documented historic event, i.e., Freehold officials met with the Native Americans under a specific tree in 1790.

HOME SITE - A subdivided lot not in excess of 60,000 square feet with a dwelling located thereon. In the event that a subdivided lot with a dwelling thereon is in excess of 60,000 square feet, the home site shall be considered to be that area, within the confines of the lot, defined by a one-hundred-foot radius from the foundation of the dwelling house. Notwithstanding the foregoing, no portion of the lot that is within a street right-of-way or encompassed in an area from the street right-of-way line or lot line closest to the point of access, to 25 feet back from the right-of-way line or lot line closest to the point of access, whichever is greater, shall be considered part of the home site to which the exception of §336-12D shall apply.

OWNER - Any person as defined herein having title to or lawful possession of any lot, plot or parcel of land within the Township of Freehold.

PERSON - Any individual, association, partnership, company, corporation, agency or combination thereof.

RELATED OWNERSHIP - In relation to the ownership of real property:

A. Owned by husband and/or wife of the owner of an adjacent parcel of real property.

B. Owned by a person or entity which has 10% or more interest in the entity owning the adjacent parcel of real property.

C. Within the last five years, the owner of a parcel of real property has conveyed title to an adjacent parcel of real property to a relative within the third degree of lineal or collateral consanguinity.

TRACT - The entire area of property involved in the site plan, subdivision, or tree removal permit application, whether or not it consists of separate lots and/or blocks, or title is held in one or more different persons or entities.

TREE - Any woody perennial plants having a diameter of four inches or greater measured at a point four feet above the ground.

TREE DELINEATION AREA - That area of the tract consisting of the tree disturbance area plus 100 feet in all directions on the tract from the tree disturbance area, excluding any areas of wetlands, as defined by New Jersey Department of Environmental Protection or the U.S. Army Corps of Engineers, conservation areas already dedicated and accepted or other areas where restrictions already in effect would prohibit tree disturbance.

TREE DISTURBANCE AREA - Those areas of the tract where disturbance or removal of trees shall occur, or within 100 feet of an area where tree disturbance or removal shall occur. The tree disturbance area of a tract shall be separated from the tree preservation area by map delineations.

TREE PRESERVATION AREA (NONDISTURBANCE AREA) - All those areas of the tract being outside the tree disturbance area.

Unless excepted under §336-12 hereof, the following acts are prohibited except upon issuance of a tree removal permit as hereinafter provided:

A. No person shall injure, girdle, remove, or destroy any tree or cause or allow same to be done.

B. No person shall undertake any action which results, or has the substantial likelihood to result, in the destruction or substantial harm to any tree, or cause or allow same to be done.

A. Fees.

(1) Any person desiring to undertake any action prohibited by §336-9 above shall file a written application for a tree removal permit with the Township Clerk, together with prepayment of application fee calculated as provided in Chapter 150, Fees.

(2) No prepayment need be made of that portion of the fee for trees which it is claimed must be removed because they are diseased, dead or pose a significant danger to public health and/or safety. The removal of such trees does not require payment of any fee, provided that the Forester finds in fact that such trees should be removed because they are diseased, dead or pose a significant danger to public health and/or safety.

B. The written application shall include the following information:

(1) Name and address of applicant and status of legal entity.

(2) Status of application with respect to the land.

(3) Written consent of the owner of the land, if applicant is not the owner.

(4) Name and address of person preparing any map, drawing or diagram submitted with application.

(5) Location of the property, including a street number and address and lot numbers as shown on the Official Tax Map of the Township.

(6) Diagram of the parcel of land, specifically designating the area or areas of proposed tree removal and the proposed use of such area.

(7) Location of all proposed structures and driveways on the site.

(8) Location of all heritage/historic trees and identification of size and species specifically highlighting the location of each heritage/historic tree.

(9) Designation of all diseased trees.

(10) Designation of any trees posing significant danger to public health and/or safety.

(11) Any proposed grade changes that might adversely affect or endanger any trees on the site and specifications of how to maintain them.

(12) Designation of trees to be removed and trees to be maintained.

(13) Purpose of tree removal (construction, street or roadway, driveway, recreation area, patio, parking lot, etc.).

(14) All materials to be planted with an indication of size, species and methods of planting.

(15) Such other information as may be required by an official application form adopted by resolution of the Township Committee and which, if so adopted, shall be provided to the applicant by the Township Clerk.

C. The Township Clerk shall maintain a register of all tree removal permit applications, past and present, by lot and block designation.

D. The Township Clerk shall, within two days of the receipt of a completed written application and correct application fee, refer said application, together with a copy of any previous applications for removal of trees from said tract of land, to the Township Forester for consideration as detailed below.

E. The Forester may, in addition, require the applicant to supply any of the following documentation:

(1) A site plan specifying the methods to be used to preserve all remaining trees and their root systems and the means of providing water and nutrients to their root system.

(2) A topographical survey of the land if development or construction will result in change in elevation of more than five feet or if the parcel of land is more than two acres in area.

F. Upon referral of an application from the Township Clerk, the Forester shall examine the premises referred to in the application, inspect the trees referred to therein, and the physical conditions of said lands and the vicinity thereof.

G. In determining whether or not a permit should be granted, the Forester may consider some or all of the following:

(1) The condition of the tree or trees with respect to disease, insect attack, danger of falling, proximity to existing or proposed structures and interference with utility services.

(2) The necessity of removing the tree or trees in order to construct the proposed improvements to allow reasonable economic use of the property.

(3) The effect of the removal on erosion, soil moisture retention and flow of surface waters.

(4) The number and density of trees in the area and the effect of tree removal on property values of the neighborhood and other existing vegetation.

(5) Whether any tree in question is a tree worthy of preservation.

(6) Impact upon the urban and natural environment, including:

(a) Whether tree removal would substantially alter the water table or affect the stabilization of ground- and surface water.

(b) Whether tree removal would affect water quality and aquifer recharge by reducing the natural assimilation of nutrients, chemical pollutants, heavy metals and other substances from ground- and surface waters during the movement of water towards an aquifer or natural stream.

(c) Whether tree removal would have an adverse impact upon existing biological and ecological systems.

(d) Whether tree removal would affect noise pollution by increasing source noise levels to such a degree that a public nuisance may be anticipated or a violation of Chapter 217, Noise, will occur.

(e) Whether tree removal will affect air movement by significantly reducing the ability of existing vegetation to reduce wind velocities.

(f) Whether tree removal will affect air quality by significantly affecting the natural cleansing of the atmosphere by vegetation.

(g) Whether tree removal will affect wildlife habitat by significantly reducing the habitat available for wildlife existence and reproduction or causing the emigration of wildlife from adjacent or associated ecosystems.

(7) The ease with which the applicant can alter or revise the proposed development or improvement to accommodate existing trees.

(8) The economic hardship that would be imposed upon the applicant were the permit denied.

(9) The heightened desirability of preserving tree cover in densely developed or densely populated areas.

(10) The need for visual screening in transition zones or relief from glare, blight, commercial or industrial ugliness or any other visual affront.

(11) Whether the continued presence of the tree or trees is likely to cause danger to a person or property.

(12) Whether the topography of the area in which the tree is located is of such a nature to be damaging or injurious to trees.

(13) Whether the removal of the trees is for the purpose of thinning a heavily wooded area where some trees will remain.

(14) A specific finding as to which of the trees slated for removal are diseased, dead or pose a significant danger to public health and/or safety and are therefore exempt from the fee requirements set forth in §336-10A.

(15) Removal of heritage/historic trees. [Amended 7-22-2003 by Ord. No. O-03-18]

(a) It is presumed that heritage/historic trees should only be removed in the most compelling and extraordinary circumstances. Removals can be done only after a thorough investigation by a New Jersey board certified tree expert or New Jersey approved consulting forester with a filing of a written report of findings with recommendations and the agreement of the Township Forester. The loss of lot yield, building area or profitability of development layout shall be deemed neither compelling nor extraordinary.

(b) Compelling and extraordinary circumstances may be found if all of the following factors exist:

[1] The lot(s) containing the heritage/historic tree(s) has existing realty improvements; and

[2] Some or all of the realty improvements are in a state of significant disrepair and/are derelict as to condition; and

[3] The lot(s) owner/applicant proposes costly improvements to the lot(s) which would:

[a] Correct all disrepair and derelict conditions; and

[b] Construct or reconstruct realty improvements which will transform the property into one having a positive impact on the neighborhood and the public good.

[4] Removal of one or more heritage/historic trees is reasonably necessary to accomplish the action described in Subsection G(15)(b)[3] above; and

[5] The owner agrees to pay a fee as provided in Chapter 150, Fees, for each heritage/historic tree necessary to be removed, such payment to be deposited into a fund to be utilized by the Township for the planting of trees within the Township.

H. After visiting the site and considering the relevant conditions of the foregoing section, the Forester shall grant or deny the application by setting forth in writing his relevant observations and the reasons for the issuance or refusal to issue the tree removal permit. Said action shall be taken by the Forester within 30 days from the date of receipt of a completed written application, correct application fee and receipt of any additional information which the Forester may require pursuant to §336-10E hereof.

I. A copy of application and the Forester's written decision to grant or deny the application shall be forwarded to the Township Clerk and to the Township's Shade Tree Commission.

J. The Forester is empowered to prepare and require the use of such application and submittal forms, checklists, and decision forms consistent with this article and which are not inconsistent with such forms, if any, which may be adopted by the Township Committee.

K. By making application pursuant to this article, the applicant has impliedly consented to the Forester, members of the Shade Tree Commission and other Township officials entering upon and performing such inspections and testing as may be necessary to make a determination as required by this article.

A. Those who may take appeal. As to all determinations of the Forester relating to heritage/historic trees, made pursuant to §336-10G(15), the applicant may appeal the Forester's denial of the application for a tree removal permit.

B. Time and manner in which to appeal. [Amended 8-26-2003 by Ord. No. O-03-18; 7-27-2004 by Ord. No. O-04-25]

(1) A written appeal of the Forester's decision must be filed with the Township Clerk, the Shade Tree Commission ("Commission") and the Forester within 180 calendar days from the date of the Forester's decision. An appeal from §336-10G(15)(a) or (b) shall be perfected by submitting each of the following:

(a) Written notice of appeal setting forth each of the following:

[1] Lot(s) and block(s) designation of the subject property as it appears on the Official Tax Map of the Township.

[2] Name, address and telephone number of subject property owner.

[3] Name, address and telephone number of other parties interested in the property, i.e. prospective tenants, etc.

(2) In addition to the written notice of appeal, the appellant shall submit each of the following:

(a) A plan depicting the proposed use of the subject property.

(b) The plan as described in Subsection B(2)(a) above, except that it shall include by separate colored symbols the location of each heritage/historic tree, superimposed upon the plan.

(c) A plan which would allow for the utilization of the subject property for a permitted use in the zone within which it is located which results in the minimum number of heritage/historic trees being removed.

(d) A certified tree appraisal utilizing ISA standards/principles, setting forth an appraisal value for each historic/heritage tree proposed to be removed. The appraisal must set forth individual appraisal data and a value for each such tree, keyed to the tree symbols set forth on the plan described in Subsection B(2)(b) above.

(e) A copy of the Forester's determination being appealed.

C. Appeal tribunal. The Commission shall hold a hearing and decide the appeal de novo. The Commission shall consider the written decision of the Forester, additional evidence which the Forester may present, the reports of the appellant's experts, the testimony of the appellant's experts, the testimony or other evidence desired to be submitted by the appellant. The Commission shall have the right, if it deems it necessary, to employ an outside expert or experts to review the matter and present evidence and opinions on the appeal. The Commission shall also have the right to visit the site and vicinity to assist it in deciding the appeal. The rules of evidence shall not apply to the appeal hearing, but due process and a reasonable opportunity to be heard should be accorded to all interested parties.

D. Fee on appeal. The appellant shall, at the time of filing the appeal, submit an appeal fee plus an escrow amount as provided in Chapter 150, Fees, to the Township Clerk. The escrow amount shall be used by the Township to offset direct expenses of the appeal, including cost of stenographer, attorney and any outside experts employed by the Commission for the appeal. In the event the initial escrow amount shall be exhausted, the escrow shall be replenished within five business days after notification to the appellant from the Commission or the Township Clerk. Any balance of the escrow amount shall be refunded to the appellant.

E. Time and form of decision. The Commission shall, within two weeks of the date upon which a complete appeal application has been received, set an initial date for the hearing. The initial hearing date shall be set for not more than 45 days from the date upon which a complete application of appeal was received. If more than one date is required for the appeal, the Commission shall schedule successive hearing dates as expeditiously as possible, giving consideration to other business and demands upon its time which must be accommodated. Within 40 days of the conclusion of the hearing(s), the Commission shall render a decision, orally or in writing. The Commission may affirm, reverse or modify the decision of the Forester. The Commission's decision may be rendered orally or by written resolution setting forth findings and reasons therefor. If the Commission's decision is initially rendered orally, a written resolution of memorialization setting forth findings and reasons must be adopted within 45 days from the date of the oral decision. Only those members of the Commission voting in favor of the oral decision may vote on the resolution of memorialization.

F. Mitigation requirements. In the event the Commission's decision on appeal shall modify or reverse the decision of the Forester, any heritage/historic trees, which shall be allowed to be removed as a result of the Commission's decision shall be subject to the mitigation requirements which shall be detailed in the written decision of the Commission. Representative mitigation techniques which may be required, include but are not limited to one or more of the following, depending upon the particular circumstances as revealed during the hearing process:

(1) A monetary contribution for each removed heritage/historic tree to be paid to the Township and used for purposes of maintaining existing trees under the jurisdiction of the Shade Tree Commission or for other purposes under the jurisdiction of the Commission. The Commission shall use its expertise in arriving at the amount of the contribution. ISA appraisal standards/principles shall serve as the basis for determining the value of each tree. The Commission shall consider, but is not bound by the appraisal submitted pursuant to Subsection B(2)(d) above; and/or

(2) Planting of five new shade trees, preferably the same type as the heritage/historic tree being removed, if available, no less than three to 31/2 inches in caliper, on the subject property or other designated property within the Township, for each heritage/historic tree removed.