[HISTORY: Adopted by the Township Council
of the Township of Jefferson 7-16-2003 by Ord. No. 19-03 (Ch. 105 of the 1967
Code). Amendments noted where applicable.]
The purpose of this chapter is to protect and
preserve the forests and soils of Jefferson Township from indiscriminate
destruction, disturbance and/or removal. This chapter is intended
to maintain the aesthetic and environmental benefits provided by trees
and stable soils and to prevent erosion and sedimentation which can
have severe negative effects on the environment in general. The protection
of streams and lakes from the damage caused by sediment and avoidance
of impaired water quality are major goals of this chapter. This chapter
also provides a means to mitigate the adverse effects of tree loss
as a result of development projects.
As used in this chapter, the following terms
shall have the meanings indicated:
Any person who has met the qualifying conditions of education
and experience set forth by NJDEP Bureau of Forestry, and whose name
appears on their annual approved forester's list.
The area in which trees have been designated for cutting,
obtained by traversing the outer periphery of those trees and taking
into consideration the delineation of the natural boundaries located
within the property.
To dig, move, deposit, fill, grade, replace, level or otherwise
alter or change the location or contour of the land or transport or
supply soil; to cut, remove or otherwise destroy existing trees or
forested areas.
Any area of land which has been disturbed in accordance with
the definitions herein or is contemplated to be disturbed.
The application of business methods, techniques and technical
forest principles applied to the management of a forested property.
A specific document that describes the need for forest planning
on timbered land proposed for management, prepared by a forester approved
by the NJDEP Bureau of Forest Management. Said plan must be reviewed
and approved by NJDEP Bureau of Forest Management.
A plan prepared by an approved forester describing the area
to be harvested, its existing forested condition, the numbers, sizes,
species, and volumes to be harvested, a description of equipment and
methods to be used during the actual removal of the timber, conservation
and soil erosion control methods to be used during the operation,
a plat map showing the location of all landing areas, skid trails
and logging roads and the boundaries of the proposed harvest/cutting
area.
Any parcel of land located within the boundaries of Jefferson
Township, either improved or unimproved, which shall be designated
as a lot on the Official Tax Map of the Township of Jefferson and
any amendments thereto. All contiguous properties in the same ownership
shall be considered as one lot for purposes of this chapter.
Lands which are used for horticultural purposes under a controlled
agricultural plan whereby trees are grown from seedlings or planted
saplings with their roots maintained in their natural state (not balled
or otherwise packaged for sale).
A person having actual possession of any premises or any
part thereof.
A person or entity who or which, alone or jointly with others,
has legal or equitable title to premises with or without accompanying
actual possession, including an executor, administrator, trustee or
guardian of an estate or a mortgagee in possession.
A license issued by the Township Forester or the Township
Engineer (or other designated official) of the Township of Jefferson
to disturb land under the provisions herein.
Includes corporations, companies, associations, societies,
firms, partnerships and joint-stock companies, as well as individuals.
Any change or alteration in the grade of any property.
A tree of a species approved by the Township Forester having
a diameter of at least 2 1/2 inches measured 4 1/2 feet
above the ground.
The reestablishment of vegetative cover or other surface
treatment as necessary to prevent erosion and as approved by the Township
Engineer or Forester.
Earth, sand, clay, loam, gravel, humus, rock or dirt, without
regard to the presence or absence or organic matter.
A tree of any species having a diameter of 18 inches or larger,
measured 4 1/2 feet above the ground.
A person professionally qualified and appointed by the Mayor
with the advice and consent of the Council to supervise the conservation
of trees and soil within the Township, and to administer the provisions
of this chapter, which position is hereby created. The Township Forester
shall be appointed annually, and his term shall expire by January
15 of each year if his successor has been appointed. In the event
that his successor has not been appointed by January 15, his term
shall expire on the appointment of his successor.
Any living, woody, perennial plant having a diameter of four
inches or greater measured 4 1/2 feet above ground.
A.
The following activities on any lot shall be exempt
from the provisions of this chapter:
(1)
The disturbance of less than 2,500 square feet and/or
less than 50 cubic yards of soil during any calendar year; provided,
however, that no disturbance area exists as a result of disturbance
which occurred during a prior calendar year and which has not been
restored.
[Amended 7-7-2021 by Ord. No. 21-16]
(2)
Projects requiring engineering plot plan approval
unless the project includes the removal of more than one specimen
tree.
[Amended 7-7-2021 by Ord. No. 21-16]
(3)
The removal of no more than one specimen tree during
a calendar year.
(4)
Soil disturbance, removal and/or tree removal in the
public right-of-way under the authority of a public entity.
(5)
Trees removed in accordance with a forest management
plan, which has been prepared by an approved forester, and has received
NJDEP Bureau of Forest Management approval, provided certification
of said approval is filed with the Township Forester and accompanied
by a harvesting plan to be reviewed and approved by the Township Forester.
(6)
Soil disturbance and trees removed within the infrastructure
disturbance limit during the construction of improvements required
by a minor or major subdivision or within the property which is the
subject of a site plan approved by the Land Use Board is exempt from
the requirement to obtain a permit under this chapter. This exemption
is conditioned on off-site soil removal not exceeding 1,000 cubic
yards, or an amount specified in the resolution of approval and provided
that the soil disturbance or tree removal is completed within three
years of final approval of the development plan, and that said disturbance
is done on notice to the Township Forester and Engineer at least 10
days prior to the disturbance. The forgoing exemption is limited to
the removal of trees specifically allowed by the approving Board and
does not exempt any other trees. The exemption provided herein does
not exempt the development project from the mitigation provisions
of this chapter with respect to all trees which are to be removed
and including those that are allowed by the approving Board.
[Amended 12-18-2019 by Ord. No. 19-28]
(7)
Soil removal within an approved subdivision site,
provided that no more than 1,000 cubic yards of soil is removed from
the subdivision site or as provided in the resolution of approval,
and further provided that soil is not transported over any existing
public roadways.
(8)
Disturbance of soil during the tilling of soil for
agricultural or horticultural purposes.
(9)
Removal of dead, diseased or hazardous trees upon
authorization of the Township Forester or Director of Public Works.
(10)
Soil
disturbance by the Township or its contractors.
[Added 7-7-2021 by Ord. No. 21-16]
(11)
Excavations
for the construction or repair of individual subsurface sewage disposal
systems (septic systems) when such construction or repair is performed
pursuant to a permit duly issued by the Jefferson Township Health
Department.
[Added 7-7-2021 by Ord. No. 21-16]
B.
The exceptions provided above shall not relieve the
owner from compliance with other local ordinances, state and federal
regulations. Particular attention shall be given to regulations which
control disturbance and fill in floodplains, wetlands and other critical
areas.
No person shall disturb or remove soil and/or remove trees from any lot within the Township without first having obtained a permit, or unless excepted under § 273-3. Any person violating this section shall be subject to the penalty provisions hereinafter set forth. In the event that disturbance does occur without a permit being issued or if the same do not fall under the exemptions in § 273-3 above, it shall be presumed that the owner or owners of the property had knowledge of the disturbance, and said owner or owners shall be responsible for the violations of this chapter in conjunction and together with the persons who actually created or directed the disturbance.
An application shall be submitted on forms provided
by the Division of Construction and Housing Inspection. The following
information shall be provided on said form:
A.
Owner's name, mailing address and phone number.
B.
Block and lot number.
C.
Date of application.
D.
Area of proposed disturbance in square feet or acres.
E.
Volume of proposed disturbance in cubic yards.
F.
Volume of proposed soil removal in cubic yards.
G.
Number of trees to be removed.
H.
Number of specimen trees to be removed.
I.
Proposed period of soil disturbance or tree removal.
J.
Purpose of soil disturbance or tree removal.
K.
Contractor responsible for work, if any.
L.
Applicant's engineer, if any.
M.
Other information as may be required for the administration
of this chapter.
N.
Volume of timber in board feet or cords for application
involving the harvesting of trees for commercial or personal use.
O.
Date that lot received preliminary subdivision approval.
P.
Q.
Certification
from the soil/fill supplier that the soil/fill being imported does
not contain any contaminants exceeding the current requirements of
Non-Residential and Residential Direct Contact Soil Remediation Standards
pursuant to N.J.A.C. 7:26D, Remediation Standards.
[Added 7-7-2021 by Ord. No. 21-16]
Each application shall be submitted with a plan
drawn to a scale of not greater than 30 feet equals one inch and shall
be prepared in sufficient detail to show the following:
A.
The existing surface drainage pattern as it affects
the subject property and all abutting properties, including streams,
lakes and wetlands.
B.
Any proposed changes in the existing surface drainage
pattern which will result from the proposed soil disturbance on the
subject property, including any proposed changes on abutting properties.
C.
The elevation of the street at each limit of the subject
property frontage.
D.
The elevations of the finished garage floor and first
floor of the dwelling proposed for the subject property.
E.
The proposed location of all roof leader drains.
F.
The location of any existing or proposed storm sewer
system.
G.
The outer limits of all areas in which soil disturbance
or tree removal is proposed.
H.
Wooded areas are to be indicated, and all specimen
trees and all other trees to be saved within the disturbance area
shall be mapped with size and species. Trees to be saved within the
disturbance area shall be indicated. Location of replacement trees
shall be noted.
I.
Details for the protection of specimen trees within
the disturbed area; for delineation and protection of area not to
be disturbed; and for soil erosion control.
J.
Details for proposed retaining walls by a licensed
professional engineer, if over four feet high.
K.
For lots which receive preliminary minor or major subdivision or site plan approval after the adoption of this chapter, the mapping requirement of Subsection H above shall include all trees over four inches in diameter within the disturbance area and for a distance of 10 feet outside the disturbance area.
[Amended 12-18-2019 by Ord. No. 19-28]
The applicant shall submit two copies of the
application form and plan to the Division of Construction and Housing
Inspection for all applications involving a building permit or to
the Land Use Board Secretary for applications not associated with
work requiring a building permit. The Division of Construction and
Housing Inspection or Land Use Board Secretary will collect fees and
distribute copies to the Township Engineer and Township Forester.
Approval of the application and issuance of a permit under this chapter
may be conditioned on specified conditions and/or revisions to the
application or plan established by the Township Engineer or Forester.
Applications shall be approved or denied within 45 days. Any applicant
who is dissatisfied with the conditions of approval or denial of the
application may appeal the decision to the Township Council. Applications
appealed to the Township Council shall be acted upon in accordance
with the schedule established by the Township Council. The Township
Council may request recommendations from the Land Use Board and/or
Environmental Commission prior to taking action on any application.
The applicant is required to present the appeal to the Township Council,
provide additional copies of the application and pay fees and escrow
as established by the Township Council.
A.
Approval of the plan. In granting approval of the
plan, the Township Engineer and/or the Township Forester shall apply
the following principles:
(1)
Stripping of vegetation, grading or other soil disturbance
shall be done in a manner which will minimize soil erosion and stormwater
runoff. Compliance with the Standards for Soil Erosion and Sediment
Control in New Jersey shall be required.
(2)
Whenever feasible, natural vegetation shall be retained
and protected.
(3)
The extent of the disturbed area and the duration
of its exposure shall be limited based upon the application or conditions
of approval.
(4)
Either temporary seeding, mulching or other suitable
stabilization measures shall be used to protect exposed critical areas
during construction and other land disturbance.
(5)
Drainage provisions shall accommodate increased on-site
runoff resulting from modified soil and surface conditions both during
and after site development.
(6)
Stormwater runoff leaving the site shall be minimized
according to design standards and shall be retained on site wherever
possible to facilitate groundwater recharge.
(7)
Sediment shall be retained on site.
(8)
Diversions, settlement basins and similar required
structures shall be installed prior to any on-site grading or disturbance.
(9)
Tree loss and soil disturbance along streams and lakes
is to be avoided.
(10)
Loss of specimen trees is to be avoided, particularly
along ridgelines.
B.
If necessary to save a specimen tree, a tree well
with subsurface root aeration piping may be installed to facilitate
fill within the dripline, provided prior approval is obtained.
[Amended 7-14-2004 by Ord. No. 23-04]
The Township Engineer and Township Forester
shall not approve the plan if, in the opinion of such officials, the
plan:
A.
Causes adverse drainage conditions and/or the inundation
of real property and/or buildings on other premises.
B.
Constitutes an undue burden upon the drainage system
of the Township or hampers the proper, present or future course of
development of the Township drainage system.
C.
Presently constitutes or in the reasonable foreseeable
future will constitute a danger or hazard to the well-being, safety
or general welfare of the residents of the municipality or any property
located therein.
E.
More than 10 specimen trees are proposed to be removed.
F.
More than 500 cubic yards of soil is proposed to be removed from a lot unless exempt pursuant to § 273-3.
G.
Soil disturbance or tree removal is proposed within
25 feet of a stream or lake.
H.
Soil disturbance or tree removal is proposed in a
wetland, wetland transition area, as defined by DEP regulations, or
conservation easement.
[Amended 7-14-2004 by Ord. No. 23-04]
Any applicant who is denied a permit or is dissatisfied
with the conditions of approval for a permit may appeal said decisions
to the Township Council within 45 days of the action taken by the
Township Forester and/or Township Engineer. The appeal shall be accomplished
by filing a written notice with the Township Clerk on a form as provided
by the Township Clerk. No additional fees shall be required than the
fees which were submitted with the original application. The Township
Clerk shall notify the applicant of a date for the hearing. No later
than 10 days prior to the hearing date, the applicant shall cause
to be provided notice to all property owners within 200 feet of the
boundary lines of the lot or lots from which the soil disturbance
is proposed. The applicant shall obtain a list of property owners
within 200 feet from the person or department in the Township which
provides that notice pursuant to the Land Use Procedure Ordinances
of the Township.[1] The notice minimally shall include the lots and blocks
of the property sought to be disturbed, the amount of soil to be removed,
if it involves soil removal, the area of soil disturbance and the
number of specimen trees sought to be removed if any are to be removed.
The application shall further indicate that plans are available for
review in the Township offices. If the application is to seek any
soil removal over any public roadways within the Township, the notice
shall so indicate the same and the public roadways sought to be used.
A.
Applications which are made in conjunction with a
building permit for a single-family home shall include provisions
for replacement trees.
B.
The applicant shall be encouraged to save as many
trees as possible within the disturbed area. However, for each 5,000
square feet of disturbed area or any portion thereof, the applicant
shall replant a replacement tree within the disturbed area on the
same lot and to consist of one or more of the following species: red
maple, sugar maple, red oak, white oak, chestnut oak, scarlet oak,
pin oak, black oak, hickory, American birch, yellow birch, black birch,
dogwood, yellow poplar, black locust, red cherry, sweet gum or weeping
willow or any other species as approved by the Township Forester.
The developer may take credit for each tree retained within the disturbed
area that has a diameter of four inches or greater measured at 4 1/2
feet above grade. Each tree shall be planted before the issuance of
a certificate of occupancy, unless weather shall prohibit the planting
of the same, in which event the developer shall post escrow money
with the Township with a definite date, not to exceed six months,
as to when the trees will be planted and under an agreement that the
Township shall have a right to use said funds in the event that the
trees are not planted within the time period to plant trees on the
property or in some other appropriate area of the Township in the
event that trees cannot be planted on the property. Escrow shall be
posted in the amount of $300 for each tree to be replaced prior to
the issuance of a certificate of occupancy. The developer and the
property owner are mutually responsible for the replacement of trees,
and should the developer convey property prior to the replanting,
the developer shall receive a written agreement from the purchaser
to permit the planting. If the replacement trees are not planted within
one year of project completion, the escrow shall be forfeited to Jefferson
Township to mitigate hazardous trees within the Township.[1]
[Amended 7-7-2021 by Ord. No. 21-16]
[1]
Editor's Note: Former Subsections C, D and
E, pertaining to a tree loss mitigation plan, which originally followed
this subsection, were repealed 3-15-2006 by Ord. No. 8-06.
[1]
Editor's Note: Former § 273-12,
Tree Loss Mitigation Fund, as amended, was repealed 3-15-2006 by Ord.
No. 8-06.
[Amended 7-7-2021 by Ord. No. 21-16]
A.
Applications which include soil disturbance in excess
of 100 cubic yards shall provide the following additional information:
(1)
The kind and quantity, in cubic yards, of soil to
be disturbed and the projected daily movement in cubic yards.
(2)
The destination of soil to be moved, the route over
which the material will be transported and the hours of operation.
(3)
The proposed date of commencement and completion of
the soil disturbance.
(4)
The name, address and telephone number of the person
having direct charge over the soil disturbance operation.
[Amended 7-14-2004 by Ord. No. 23-04]
A.
All permits are valid for a maximum of one year from
date of issuance. The duration of disturbance shall be limited as
provided in the application or as a condition of approval. Time extensions
shall be requested for approval prior to exceeding the proposed duration.
B.
The following may be required as conditions of approval:
(1)
Preconstruction meeting.
(2)
Posting of escrow for progress and final inspection.
(3)
Traffic control provisions, including payment for
uniformed traffic directors, warning signs, etc., particularly where
soil removal is approved.
(4)
Provisions for replacement trees.
(5)
Provisions for drywells, drains and/or slope stabilization.
(6)
Erosion and sediment control requirements.
(7)
Road opening permits and/or bond requirements may
be required for truck access and protection of municipal roads.
(8)
Retaining wall inspection by applicant's licensed
engineer if over four feet high.
(9)
Such other requirements as may be necessary to fulfill
the intent of this chapter.
The following measures shall be taken to protect
trees to remain in conjunction with all development projects:
A.
Tree protection measures and the limit of disturbance
line shown on the landscape plan shall be provided in the field with
snow fencing or other durable material and verified by the Township
Forester or other designated official prior to soil disturbance.
B.
Protective barriers shall not be supported by the
plants they are protecting, but shall be self-supporting. Barriers
shall be a minimum of four feet high and shall last until construction
is complete.
C.
Chain link fence may be required for tree protection
if warranted by site conditions and relative rarity of the plant.
D.
Snow fencing used for tree protection shall be firmly
secured along the dripline, but shall be no less than six feet from
the trunk.
E.
The grade of the land located within the dripline
shall not be raised or lowered more than six inches unless compensated
by welling or retaining wall methods; and in no event shall welling
or retaining wall methods be less than six feet from the trunk of
a tree.
F.
No soil stockpiling, storage of building materials,
construction equipment or vehicles shall be permitted within the dripline
or within six feet of any remaining trees, whichever is greater.
G.
Any clearing within the dripline or within six feet
of the trunk of a remaining tree, whichever is greater, shall be done
by hand-operated equipment.
H.
Where a tree that has been noted for preservation is severely damaged and unable to survive, tree replacement shall occur as provided in § 273-11.
I.
The Township Forester shall attend all preconstruction
meetings for development projects that involve the protection and/or
removal of trees.
This chapter shall be enforced by the Code Enforcement
Officer, Township Forester or other designated officials of the Township
of Jefferson.
A.
Any person who violates the provisions of this chapter
shall be subject to fines as follows:
(1)
For each 2,500 square feet of soil disturbance, a
fine of up to $500 and restoration of the site.
[Amended 7-7-2021 by Ord. No. 21-16]
(2)
For disturbance of each 50 cubic yards of soil, a
fine of up to $500 and restoration of the site.
[Amended 7-7-2021 by Ord. No. 21-16]
(3)
For removal of each tree, a fine of up to $500.
(4)
For removal of each specimen tree, an additional fine
of up to $1,000.
B.
All maximum fines listed above shall be additive for
any multiple violation of this chapter.
C.
In addition, the destruction, cutting or removal of
each tree in violation of the provisions of this chapter shall be
considered as a separate offense and subject to a separate penalty
for each offense. In addition to the penalties fixed herein, any court
having competent jurisdiction shall have the right to order appropriate
action to be taken by the person or persons found to be in violation
of the provisions of this chapter, including the owner, to restore
the property which has been the subject of a violation of the provisions
of this chapter.
[Amended 7-7-2021 by Ord. No. 21-16]
A.
Upon the filing of any application, there shall be
a permit fee paid in the amount of $200 which shall be considered
a fee for the administrative costs of review of any application for
any area to be disturbed of 2,500 square feet or less, and for each
area to be disturbed in excess of 2,500 square feet, the fee shall
be the sum of $50 for each additional area of 2,500 square feet or
less of disturbance.
B.
In addition to the fees established above, an additional
fee of $0.50 per cubic yard shall be charged for soil disturbance
in excess of 50 cubic yards.
