COMMUNITY SUPPORT FOR ADOPTING WOODLAND CONSERVATION REGULATIONS EXAMPLE OF A WOODLAND CONSERVATION ORDINANCE STATEMENT OF PURPOSE:

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1 EXAMPLE OF A WOODLAND CONSERVATION ORDINANCE STATEMENT OF PURPOSE: To preserve wooded corridors that connect large tracts of forests to act as wildlife corridors, encouraging species diversity by providing for wildlife movement. To preserve forests on steeply sloping hillsides in order to prevent soil erosion, protect water quality, and promote groundwater recharge. To preserve hedgerows along property lines and road frontages for visual quality and to act as land use buffers. BASIC PERFORMANCE STANDARDS SHOULD CONTAIN PROVISIONS FOR: Site specific natural resource inventory and woodland stand delineation. Defining priority woodlands and individual trees for conservation. Minimum standards for percentages of a site or wooded portion of a site that must be preserved during development. How to mitigate for clearing beyond conservation minimums. COMMUNITY SUPPORT FOR ADOPTING WOODLAND CONSERVATION REGULATIONS Many communities recognize the need for a woodland conservation ordinance after having a bad experience with destruction of woodlands by a private landowner or developer. They approach the task with a sense of urgency, knowing that the sooner an ordinance is passed, the sooner further clearing can be prevented. The temptation to use an ordinance already adopted by a neighboring community is strong. This tactic provides a quick fix, but such an ordinance cannot possibly respond to the specific needs of the community. The ordinance of one community is not customized to support the zoning map and natural resource inventory of another community. It has become apparent that it is easier to prepare woodland conservation regulations than to get them adopted by the local governing body. Before crafting the regulations, make sure they meet the needs of the constituency, and that landowners understand and agree with the goals of the ordinance. It is important to address reasonable concerns based on input from residents and local land developers. Otherwise, the tree ordinance will become controversial and may get written, but never adopted. It is better to adopt an ordinance that is the result of public discourse and compromise, and protects only high priority trees, than no ordinance at all. Educating the public about woodland conservation is critical to the long-term success of comprehensive natural resource management. The general public will be more likely to comply with woodland conservation legislation if they are involved in the process of crafting the regulations. They will also encourage others to comply, and will be willing to support the program with their tax dollars, if necessary. Once a thoughtful ordinance has been written, it is important to anticipate the necessary resources to administer the new program. Each community should only pass an ordinance once it is prepared to enforce the regulations and provide necessary financial and other resources to implement the ordinance. Professional staff that has the technical expertise to enforce the ordinance need the support of the governing body, the community and other staff members to administer the ordinance. See Chapter 8 to learn more about community involvement in the decision making process. BASIC COMPONENTS OF A WOODLAND CONSERVATION ORDINANCE: PURPOSE, INTENT, AND DEFINITIONS The ordinance should have a stated purpose, or intent, that is clear and specific. The purpose should be tied to the health, safety, and welfare of the public. 33

2 EXAMPLES OF EXEMPTIONS TO WOODLAND CONSERVATION LEGISLATION Any agricultural activity that does not result in a change in land use category, including agricultural support buildings and other related structures built using accepted best management practices. Commercial logging, timber operations, and silviculture, for which farmland assessment has been approved, including harvesting conducted under a forest management plan prepared by a New Jersey Department of Environmental Protection approved forester. Trees which, in the opinion of a certified landscape architect, approved forester, or certified tree expert constitute an immediate threat to the health, safety or welfare of the general public. The cutting and clearing of public utility rights-of-way or land for electric generating stations. The cutting and clearing of trees to comply with requirements affecting navigable airspace, provided that the Federal Aviation Administration has determined that the trees are a hazard to aviation. Approved game management practice on state lands implemented by the State of New Jersey, Department of Environmental Protection, Division of Fish, Game, and Wildlife. The selective removal of vegetative species designated exotic and invasive. A set of definitions that clarifies terms used in the ordinance makes interpretation more consistent. For instance, steep slopes, native plant, diameter at breast height, and other technical terms need to be defined. The definition of each term should be clear and precise. If it is possible to provide a quantitative definition, this should be done. Clarity and precision allow the ordinance to be interpreted the same way every time, making it fair and legal. See Appendix B for sample definitions. APPLICATION AND RESPONSIBILITY The ordinance should specify who must comply and which actions trigger the need for a permit. It is important to address the source of woodland loss in the community. Losses in the community may be largely due to land development activities, or it may be a combination of land development and landowners clearing woodlands. It may be important to regulate land clearing activities in general and not just land development activities. Exemptions from the ordinance can also be presented. If possible, designate one responsible authority to oversee the tree program, and give the person or board the authority and resources to carry out the program. For instance, if the program is administered by a qualified professional consultant, the Planning Board would seek recommendations from that person during the development review process. 34

3 SAMPLE PRIORITIES FOR PRESERVATION AND REFORESTATION IN ORDER OF IMPORTANCE: Stream corridors and associated buffers, wetlands, and floodplains (Most Important) Slopes of 25% or greater or 15% on erodible soils Existing wooded corridors that connect large tracts of woodlands within or adjacent to the site, and where practical, create forest corridors to facilitate the movement of wildlife Trees shrubs, or plants determined to be, or that create habitat for, rare, threatened, or endangered species or communities Trees and woodlands that are part of a historic or cultural site, critical view shed, or rural roadside Specimen trees Woodlands and hedgerows that separate land uses or provide visual screening woodlands in order to increase the overall area of contiguous woodland cover (Least Important) BASIC PERFORMANCE STANDARDS This section should include detailed performance standards for woodland conservation, clearing, and replacement. These may include the requirement for a sitespecific inventory, the definition of priority woodlands, and minimum standards for how much of a site's trees and woodlands should be preserved. It may also include provisions specifying how much mitigation - planting in order to compensate for clearing - is required if priority woodlands are cleared. Set clear, predictable and objective performance standards. Avoid vague statements like minimal disturbance or maximum extent practicable. Instead, provide retention standards based on a specified percentage of wooded area, lot area, or development density. This allows the regulation to be applied equally and fairly to each development. Avoid including too much technical detail in the ordinance. Technical details become outdated as new horticultural and ecological information is discovered. Place detailed technical data and construction details into a separate technical manual that is updated frequently, and is used as a reference by applicants. The ordinance can refer to the technical manual, but the technical manual is not adopted as part of the ordinance. It can be updated without public notice and hearings or legal amendments. The requirement for a site-specific natural resource inventory and woodland stand delineation is basic information needed by the reviewing body to make an informed decision about the value and condition of resources on a parcel of land. Many communities in New Jersey rely on an environmental impact statement to provide this information, but the information required is not always sufficient to make judgments about the quality and priority of resources on the site. Environmental impact statement regulations should require detailed information maps that explain the location and value of existing tree and woodland resources. If there is no requirement for an environmental impact statement, then submission requirements should be outlined in the woodland conservation regulations. The point is to avoid duplicate submission requirements. All existing ordinances must be examined to make sure that they do not duplicate or conflict with new regulations. The minimum information that should be submitted for review is a map showing all natural resources, with woodland stands delineated and described. Individual trees of specimen quality should also be shown on the plan. The applicant should describe the basic quality of both woodland stands and specimen trees, including typical species found in the over story and under story of woodland areas, approximate height and range of diameters of trees, and general health of the stand. In addition, the presence or 35

4 STAND B STAND C STAND B STAND D CONTOURS 012 STREAMS INDIVIDUAL TREES 18 DBH OR LARGER 011 WETLANDS STEEP SLOPES (>25%) HEDGEROW B STAND A HEDGEROW A AD GREENFIELD RO TYPICAL SITE-SPECIFIC WOODLAND DELINEATION MAP 36

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