The indiscriminate, uncontrolled and excess destruction, removal and cutting of trees upon lots and tracts of land within Tinton Falls 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 effect of any of the foregoing could adversely impact the character of Tinton Falls, decrease property values, render the land unfit and unsuitable for its most appropriate use, and negatively affect the health, safety and general welfare of the Borough's residents. Thus, the Borough governing body desires to regulate and control indiscriminate and excessive cutting of trees within the Borough and to require appropriate tree replacement.

It is recognized that there is a strong interrelationship between the integrity of the Borough'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 Borough 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. The appropriate management guidelines for tree preservation to be utilized are:

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.

The enforcement of this chapter shall be the duty of the Zoning Officer and the Shade Tree Commission of Tinton Falls 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 Borough and tree removal on all lands within the Borough.

Unless specifically excepted in paragraph C below, it shall be unlawful for any person to remove or cause to remove trees with a DBH of six inches or more, on any property within the Borough, without first having obtained a tree removal permit as provided herein.

Specimen and historic trees.

Exceptions. The provisions of this chapter shall not apply to the following:

Any person wishing to obtain a tree removal permit shall make application to the Zoning Department by filing a written application and paying such fees as are set forth in § 17-8. For any non-single family property greater than one acre, 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 § 17-5 by the Tree Specialist.

Where an application for any non-single family property greater than one acre, 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 § 17-5 by the Tree Specialist, and until the filing of a written report of an on-site inspection by the Tree Specialist has been submitted. 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.

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.

Tree removal permit applications shall be filed at the Zoning Office and shall be completed in full. The application must be deemed complete and all required fees, as set forth in § 17-5, be paid prior to review.

Inspections. After the application is complete and reviewed, the Shade Tree Commission and/or the Tree Specialist (for non-single family properties greater than one acre) shall inspect the trees and property which are the subject of the permit application within 30 days.

Permit Approval or Denial. The Zoning Officer shall approve or deny the tree removal permit within 10 business days after completion of the inspection. The Zoning Officer shall notify the applicant in writing of the factual basis and criteria for any denial. The final decision of the Zoning Officer 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.

The name and address of the applicant.

The name and address of the owner of the property from which the trees are to be removed.

The lot and block of the property.

The shape and dimensions of the lot or parcel, including the location of all existing and proposed easements. The plan 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:

Upon completion of the field inspection report, if necessary, and review of any requested recommendations, the Zoning Officer shall approve a permit if:

The Zoning Officer 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:

Application.

Tree Escrow Fund.

Tree replacement schedule.

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.

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:

Protective barriers.

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.

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 § 17-10b, as determined by the Tree Specialist following a field evaluation.

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 § 17-9 and selections from Trees For New Jersey Streets, published by the New Jersey Shade Tree Federation, or 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.

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-three-fourths-inch to two-inch caliper; 30% shall be bare root one-and-one-fourth-inch to one-and-one-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).

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

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 § 17-9.

Exempt areas.

The Borough 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:

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

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.

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 Borough and without the applicable certification or license for the designated work. All contractors offering tree care services for hire within Tinton Falls 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.

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.

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.