[HISTORY: Adopted by the Township Committee
of the Township of Mansfield 10-6-1988 by Ord. No. 1988-24. Amendments
noted where applicable.]
[Amended 12-15-2021 by Ord. No. 2021-34]
The governing body finds that the indiscriminate, uncontrolled and excess destruction, removal and cutting of trees upon lots and tracts of land within this Township has resulted in creating increased soil erosion and dust, has deteriorated property values and further rendered land unfit and unsuitable for its most appropriate use, with the result that there has been deterioration of conditions affecting the health, safety and general welfare of all of the inhabitants of the Township of Mansfield and has led the governing body to enact this chapter to regulate and control the indiscriminate and excessive cutting of trees in this Township. It is further the intent of this Chapter 60B, Tree Removal, to provide for assistance by a designated professional forester to owners of individual residential and commercial parcels in the Township in complying with the provisions of this chapter, while requiring professional review at the developer's expense of applications for development and major tree removal by professionals designated by the Township Planning Board sitting as a Joint Land Use Board (“JLUB”) and the Township Environmental Commission.
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 greater economic
returns. A proper forestry management program is intended to meet
the objectives of preserving, protecting, enhancing and maintaining
trees and providing opportunities for continuing uses of forest resources
which are compatible with the maintenance of the environment. This
will be accomplished by ensuring proper management of forests 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.
For the purpose of this chapter, certain terms
are defined as follows:
A land use to derive income from growing plants or trees
on land, including but not limited to land used principally for timber
production, and not including land used principally for another use
and incidentally for growing trees or plants for income.
A plant or tree nursery or farm having trees which are planted
and growing for sale or intended sale to the general public in the
ordinary course of business.
The diameter, in inches, of a tree measured at 4 1/2 feet
above the existing grade.
An imaginary, perpendicular line that extends downward from
the outermost tips of the tree branches to the ground.
A plan which details the management practices proposed to
be employed on a site, including but not limited to harvesting practices
and reforestation, and setting forth the following:
The location and size of the tract.
The type of ownership.
A map of the property showing what lands, types
of vegetation cover, receiving waters, location of stream crossings
and alternatives, locations of skid trails, location of access roads
and landings, cutting boundaries and size of filter or buffer strips.
Property description, including land use and
acreage of open, crop and wood land; general soil types and erasability;
range of percent of slope; timber quality and age (forest type, species,
age, DBH, height, volume and reproduction); and understory.
A description of the timber to be harvested.
A description of the regeneration plans. (Where
natural regeneration is to take place, selective thinning of growth
should be accomplished to ensure that the dominant flora of the original
forest is restored.)
A description of intermediate management practices
to be applied, including pest and disease control, where appropriate.
A tree which has been found by a professional forester, horticulturist
or other professional plantsman to be of notable historic interest
to the Township because of its age, type, size or historic association
and has been so designated and that designation has been officially
made and promulgated as part of the official records of the Township,
county or state.
Those operations where trees and vegetation are removed and
which occur previous to the construction of buildings, e.g., road
right-of-way excavation and paving, lake and drainage system excavation,
utility excavation, grubbing and any other necessary clearing operations.
A signed, notarized statement by the owner or his agent stating
that no trees exist upon the site.
Any individual, partnership, corporation, association or
other legal entity, including the plural as well as the singular,
and including all tree removal companies and persons removing trees
on behalf of others.
[1]A physical structure limiting access to a protected area,
composed of wood or other suitable materials, which assures compliance
with the intent of this chapter. Variations of these methods may be
permitted, upon written request, if they satisfy the intent of this
chapter.
The actual removal of a tree by digging up, cutting down
or the effective removal through damage.
A plan or drawing of a location or site prepared in order
to illustrate information required by the terms of this chapter. The
requirements of any other chapter of the Township shall not be applicable
to a site plan prepared under the provisions of this chapter.
A tree which has been determined by the judgment of a professional
forester, horticulturalist or other qualified plantsman to be of high
ecological or educational resource value because of its species, size,
age, historic significance, occurrence outside of or at the limits
of its normal range or other professional criteria. A specimen tree
shall be an individual tree which has a circumference at breast height
equal to or exceeding 40% of the circumference of the equivalent species
listed in the latest edition of New Jersey's Biggest Trees, published
periodically by the NJDEPE Bureau of Forestry.
[Amended 3-10-1993 by Ord. No. 1993-2]
A person skilled by educational training or experience in
the science of tree care The term “Township Forester”
shall specifically include, but shall not be limited to, a licensed
tree care operator (LTCO) and/or a licensed tree expert (LTE) that
is issued a professional certification by the New Jersey Board of
Tree Experts as delineated in the Tree Experts and Tree Care Operators
Licensing Act of 2010, N.J.S.A. 45:15C-11 et seq.
[Added 12-15-2021 by Ord. No. 2021-34]
The digging up by a property owner of a tree from one place
on his property and the planting of the same tree in another place
on the same property.
Any self-supporting, woody plant of a species which normally,
in the area, grows at maturity to an overall height of a minimum of
15 feet.
An aerial photograph at a minimum scale of one inch equals
200 feet or a drawing to scale, which provides the following information:
location of all forest types protected under the provisions of this
chapter, plotted by accurate techniques; the common name of all trees;
and the average diameter breast height.
[1]
Editor's Note: The former definition of "professional forester,"
which immediately followed this definition, was repealed 12-15-2021
by Ord. No. 2021-34. See now "Township Forester."
[Amended 12-15-2021 by Ord. No. 2021-34]
The terms and provisions of this chapter shall
apply to real property as follows:
A.
On any platted, unplatted or undeveloped land, it
shall be unlawful for any person to remove or cause to be removed
any tree with a trunk diameter of three inches or more DBH without
first having obtained a permit to do so as provided herein.
B.
Specimen and historic trees. On all real property
upon which specimen or historic trees are located, trees having been
designated as such under the provisions of this chapter shall be maintained
in a living condition, and it shall be unlawful for any person to
remove such tree.
C.
Removal
of dead trees. Any lot owner in the Township is responsible to remove
all dead trees on the lot owner’s property at the lot owner's
sole cost and expense.
[Amended 3-5-2020 by Ord. No. 2020-4; 12-15-2021 by Ord. No. 2021-34]
In the case of an application for development for site plan, major subdivision, minor subdivision, or a variance that may involve tree removal regulated by this ordinance, no separate fee shall be required in addition to the fees charged for the application for development. The application for development shall include, either a tree removal site plan in accordance with Subsection B, below, including a tree survey on tracts of land of 50 acres or more, if required by Subsection C, below, or an application for a no-tree verification required by Subsection D, below, to be reviewed by the professionals designated by the JLUB as part of the review of the application for development, and for tracts of three acres or more, the Environmental Commission in accordance with § 60B-6.
A.
Any person wishing to obtain a permit to remove one
or more trees or clear land as required under the provisions of this
chapter (unless being reviewed as part of application for development
to be reviewed by professionals designated by the JLUB) shall make
application to the Township Forester by filing a written application
and paying such fee as established herein. Where an application as
required by this chapter has been submitted, no permit shall be issued
until a site plan for the lot or parcel has been reviewed and approved
by the Township Forester, after consulting with the Environmental
Commission, where appropriate, and until the filing of a written report
of an on-site inspection by the Township Forester.
B.
The site plan shall show the following information
at a scale sufficient to enable the determination of matters required
under these regulations:
(1)
The shape and dimensions of the lot or parcel, together
with the existing and proposed locations of structures and improvements,
if any.
(2)
Locations of all forest types which are subject to
this chapter, identified by common or botanical name. (Trees proposed
to remain, to be transplanted or to be removed shall be identified.)
(3)
A statement showing how trees not proposed for removal
are to be protected during land clearing and construction, i.e., a
protective barrier as defined herein.
(5)
Statements as to grade changes proposed for the lot
or parcel and how such changes will affect these regulations.
(6)
Any proposed tree replacement program.
(7)
All trees to be retained shall also be identified
by some method, such as painting, flagging, etc., prior to field inspection.
(Where protective barriers are necessary to prevent damage to a tree
that is not to be removed, such barriers shall be erected before work
starts.)
C.
In addition to the information required in connection
with applications set forth above, an aerial photograph of suitable
quality (minimum one inch equals 660 feet) (available through the
Burlington County Planning Board at a nominal charge) to facilitate
site plan review or a tree survey as defined herein shall be required
for tracts of land of 50 acres or more. A tree survey will be required
on all tracts of 50 acres or more for which tree removal authorization
is being requested.
D.
Alternate site plan information. In the event that
there are not trees greater than three inches DBH located on the site
which are required to be protected under the provisions of this chapter,
the applicant shall so state in his application for a no-tree verification.
If such statement is substantiated by an inspection of the site by
the Township Forester, the applicant shall be relieved of the necessity
of supplying unnecessary or unimportant information, such as a tree
survey, aerial photographs, etc.
E.
Time of permit. Any and all permits issued by the
Township as required by this chapter shall be declared null and void
if commencement of work so permitted is not started within a reasonable
time, not to exceed six months. In no case will the permit be valid
for more than 12 months. Permits not used within this period will
become null and void, and future work will require a new application.
For purposes of this section, a permit shall no longer be valid when
the work authorized by the permit is completed.
[Amended 12-15-2021 by Ord. No. 2021-34]
In all cases, the tree removal application shall
be field-checked with an on-site inspection by the Township Forester
or the professional designated by the JLUB as part of the review of
the application for development prior to issuance of a permit. The
Township Forester or the professional designated by the JLUB as part
of the review of the application for development shall consult with
the Environmental Commission concerning the application in the case
of an application for a permit on a tract of more than three acres.
[Amended 12-15-2021 by Ord. No. 2021-34]
In connection with applications under the alternate
site plan procedure and in connection with applications involving
large tracts of property and land clearing, the Township Forester
or the professional designated by the JLUB as part of the review of
the application for development shall make himself or his designee
available for preapplication inspection of the site involved.
[Amended 12-15-2021 by Ord. No. 2021-34]
A.
Criteria for removal. Upon receiving the field inspection report and any requested recommendations concerning the application, the Township Forester or the professional designated by the JLUB as part of the review of the application for development shall issue a permit after application is filed with the Township office for the removal or relocation of trees or clearing if one or more of the following criteria is met, and provided that none of the conditions set forth under Subsection B exist:
(1)
The tree is located in an area where a structure or
improvements will be placed according to an approved plan, it unreasonably
restricts the economic enjoyment of the property and the tree cannot
be relocated on the site because of age, type or size of the tree;
(2)
The tree is dead, diseased, injured, in danger of
falling, is too close to existing or proposed structures, interferes
with existing utility service, creates unsafe vision clearance or
conflicts with other ordinances or regulations; or
(3)
The tree is to be removed for harvesting as a product
useful to man or for the purpose of making land available for farming
or other useful or productive activity, is to be removed in furtherance
of a forest management plan or soil conservation plan or to serve
some useful or beneficial purpose.
B.
Professional evaluation.
(1)
The Township Forester or the professional designated
by the JLUB as part of the review of the application for development
may consider significant adverse impact in the following areas on
the natural environment in granting a permit and may deny the permit
if one or more of the following conditions exist:
(a)
Adverse alteration of ground- and surface water
characteristics.
(b)
Substantial negative alteration of water quality
or aquifer recharge.
(c)
Substantial adverse ecological impact.
(d)
Significant increase in noise pollution.
(e)
Significant increase in air and dust movement.
(f)
Substantial adverse impact on air quality.
(g)
Significant reduction in available wildlife
habitat.
(h)
Adverse effect on the property values caused
by aesthetic degradation.
(2)
The Township Forester or the professional designated
by the JLUB as part of the review of the application for development
may consult and consider the recommendations of the Environmental
Commission while conducting the evaluation.
C.
Basis for denial. The Township Forester or the professional
designated by the JLUB as part of the review of the application for
development, upon a determination that an application is to be denied,
shall state the basis for such denial specifically and shall notify
the applicant of the grounds upon which said denial is predicated.
[Amended 12-15-2021 by Ord. No. 2021-34]
A.
The applicant, at the time of filing the application
with the Township Forester, shall pay to the Township an application
fee calculated based on a schedule maintained by the Township Forester
based on the quantity and quality of the tree or trees proposed to
be removed.
B.
If the determination by the Township Forester and
Environmental Commission on the application is unfavorable and no
permit is issued, the Township Forester shall promptly notify the
applicant, in writing, with respect thereto and shall not issue said
permit. In that event, the application fee paid shall be nonrefundable
and shall be retained for the purpose of defraying expenses for reviewing
the application.
A.
It shall be unlawful for any person in the construction
of any structures or other improvements to place solvents, material,
construction machinery or temporary soil deposits within six feet
or 2/3 of the drip line, as defined herein, whichever is greater,
of any tree trunk having a three-inch or greater DBH above ground.
B.
Before development, land clearing, filling or any
land alteration, a permit will be required, and the developer shall
be required to erect suitable protective barriers, and this protection,
where required, shall remain until such time as the protection is
authorized to be removed by the Township Forester or after issuance
of a final certificate of occupancy. Also, during construction, no
attachments or wires shall be attached to any of said trees so protected.
Wood, metal or other substantial material shall be utilized in the
construction of barriers. Barriers will be required for all trees
being protected, except in the following cases:
(1)
Street right-of-way and utility easements may be ribboned
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.
(2)
Large property areas separate from the construction
or land clearing area into which no equipment will venture may also
be ribboned off as above.
In case of emergencies, such as a hurricane,
wind storm, flood, freeze or other disaster, or in the case of dead
or diseased trees which are a hazard to persons and property, the
requirement of these regulations may be waived by the Township Forester
upon a finding that such waiver is necessary so that public or private
work to restore order or property in the Township will not be impeded.
A.
The provisions of this chapter shall not apply to
the following:
(1)
The transplant of a tree or trees.
(2)
Any tree of less than three inches DBH.
(3)
Pitch pine or Virginia pine, commonly known as "scrub
pine," if less than three inches DBH or less than 15 feet in height.
(4)
Any tract of land of three acres or less in area upon
which a single-family dwelling has been constructed.
(5)
Any tree or trees removed or cut on property upon which the owner has received farmland assessment qualification under the Farmland Assessment Act (N.J.S.A. 54:4-23.1 et seq.), provided that the area or land from which the tree or trees are cut or removed is to be used for agricultural use and the provisions of § 60B-17.2 are complied with.
[Amended 11-8-1990 by Ord. No. 1990-29]
(6)
Any tree or trees removed or cut in accordance with
a forest management plan developed by the Bureau of Forestry, or developed
by other professional foresters and approved by the Bureau of Forestry,
provided that such plan is filed with the Township Forester, Environmental
Commission and Tax Assessor.
(7)
Any tree or trees removed or cut in accordance with
an approved conservation plan prepared by the District Conservation
Officer of the Soil Conservation Service, provided that such plan
has been filed with the Township Forester, Environmental Commission
and Tax Assessor.
(8)
Any tree or trees planted and grown for commercial
purposes on property used as a commercial nursery or tree farm, including
garden centers, Christmas tree plantations or tree orchards.
(9)
Any tree growing in a public right-of-way or fire
trail subject to the approval of the Township's Shade Tree Commission.
(10)
Any tree removed by an owner of property for
the owner's own consumption as firewood in said owner's residence
located on such property.
(11)
Any tree cut or remove by an owner of property
solely for his own consumption if said cutting or removal is in accordance
with an approved conservation plan or is accomplished in accordance
with proper forestry management techniques.
(12)
Any trees cut or removed on a tract of more
than three acres by the owner thereof where the owner resides on the
property, provided that such tree or trees shall not be removed or
cut from more than five acres of any such tract.
(13)
Any tree which is specifically exempt from the
terms and provisions of this chapter as designated by the Township
Committee.
(14)
Any trees cut or removed for the purpose of
constructing a residence, appurtenant driveway and accessory buildings
by the owner thereof.
B.
In addition to the above exemptions, there shall be
exempt from the provisions of this chapter any tree removal required
in connection with an approved subdivision map or an approved site
plan, on the condition that the Consolidated Land Use Board of Mansfield
Township has received the favorable recommendation of the Township
Forester and Environmental Commission with regard to tree removal
for any such approved subdivision or site plan and has required the
developer to comply with the specific requirements of this chapter
and the specific conditions, recommendations and requirements of the
Environmental Commission and Township Forester.
[Amended 3-5-2020 by Ord. No. 2020-5]
C.
Before anyone may benefit from any of the exemptions herein provided, he or she must submit to the Township Forester or the professional designated by the JLUB as part of the review of the application for development a detailed plan covering the work contemplated and establishing justification for application of the exemption claimed. The plan required by this subsection need not be as detailed as the site plan referred to in § 60B-5, but, at a minimum, must contain the following information:
[Added 11-8-1990 by Ord. No. 1990-29; 12-15-2021 by Ord. No. 2021-34]
(1)
The shape and dimensions of the lot or parcel, together
with the existing and proposed locations of structures and improvements,
if any.
(2)
A statement showing how trees not proposed for removal
are to be protected during land clearing and construction, i.e., a
protective barrier as defined herein.
(3)
Statements as to grade changes proposed for the lot
or parcel and how such changes will affect these regulations.
(4)
Evidence acceptable to the Township Forester supporting
the basis or bases for the exemption claimed.
(5)
Both existing and proposed tree line must be shown.
(6)
If exemption is claimed under Subsection A(5) of this section, an agricultural plan designating the actual crops planted or to be planted must be provided, together with a planting schedule, including the number of acres, and so on, and a diagram of the area to be utilized as farmland must be made part of the submission and the provisions of § 60B-17.2 must be complied with.
No trees shall be removed from a public utility
right-of-way or a survey line which is not exempted under this chapter
except under the direction of the Township Forester and Environmental
Commission.
[Amended 12-15-2021 by Ord. No. 2021-34]
The Township Forester is hereby authorized to
request the Township Engineer to issue stop-work orders in the event
that there is a failure to comply with the submitted forest management
plan or soil conservation plan or if there is nonadherence to the
approval granted pursuant to this chapter or nonadherence to the standards
as established by this chapter. The stop-work order shall remain in
effect until the Township Forester has determined that the resumption
of work will not violate the conditions of the plan or approval or
the terms of this chapter. The Township Forester may consult with
the Environmental Commission in determining whether a stop-work order
will issue and/or be lifted. Failure to comply as aforesaid shall
authorize the forfeiture of any permit issued under this chapter.
The construction code officials may withhold the issuance of any required
certificate of occupancy, or permits and inspections, on any development
as required until the provisions of this chapter, including conditions
of any permits issued under this chapter, have been fully met.
All provisions of this chapter shall apply to any person removing trees on behalf of any other person, including all tree removal and construction companies or persons in the business of removing trees or construction. It shall be unlawful for any person or company to remove or cause to be removed any tree or undertake any work for which a permit is required pursuant to this chapter unless a valid permit therefor is in effect and is displayed in accordance with the provisions of § 60B-16 herein. Such removal or work shall constitute a violation of this chapter and shall subject the person or company violating this chapter to all penalties provided herein.
The applicant shall prominently display on the
site the 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 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 premises by representatives of the Township and
all law enforcement officers to inspect the permit at any time, and
such entry shall be 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 under this section.
The Township Environmental Commission is hereby
authorized to exercise those general powers as enumerated in N.J.S.A.
40:56A-1 et seq. in conjunction with this chapter.
[Amended 12-15-2021 by Ord. No. 2021-34]
The Township Forester, and the professional
designated by the JLUB in the case of an application for development,
shall perform the duties set forth in this chapter and shall be responsible
for the enforcement of the provisions of this chapter. In this regard,
the Township Forester is authorized and shall perform any necessary
inspections, except where inspections are conducted by the Township
Engineer in the case of approved applications for development. The
Township Forester shall request the Zoning Officer to issue violation
notices and sign complaints in the Municipal Court for violations
of this chapter, except where the Township enforces violations of
this chapter as part of enforcement of the conditions of an approval
of an application of development.
[Added 11-8-1990 by Ord. No. 1990-29]
Tree removal in furtherance of farming shall
be controlled by this chapter. If an applicant intends to harvest
woodland or intends to clear trees to establish or expand a farm,
this section shall apply, so long as the activity itself qualifies
under the Farmland Assessment Act (N.J.S.A. 54:4-23.1 et seq.).
A.
Tree harvesting. If an applicant intends to harvest
trees and have such activity result in the subject property's qualifying
for farmland assessment under the Farmland Assessment Act, the following
procedures shall apply:
(1)
The applicant shall file a copy of his or her
forest management plan prepared for the state and a copy of his or
her financial assessment application.
(2)
The Township Forester shall inspect the property
and compare it with the forest management plan. If the Township Forester
notes any substantial inconsistencies, he or she shall immediately
contact the State Forester assigned to the matter and request the
State Forester to review the property and the plan as soon as possible.
(3)
Adherence to plan.
(a)
The Township Forester shall periodically thereafter
inspect the property to determine that the forest management plan
is being adhered to. If the plan is not being adhered to, the Township
Forester shall:
[1]
Immediately notify the State Forester
and request such action to be taken as he or she deems needed.
[2]
Notify the Township Tax Assessor
that the plan is not being followed and request that action be taken
to disqualify the property under the Farmland Assessment Act.
[3]
Serve notice on the applicant and the property owner, if different from the applicant, that all farming activity must immediately cease because it is no longer qualified under this chapter as an exemption to the tree removal permit procedure herein provided for, and before any further tree removal takes place, the provisions of § 60B-5 must be complied with.
(b)
The Township Forester may issue a summons under
the authority vested by this chapter and the penalties herein provided
shall apply.
B.
Establishment of farm. If an applicant intends to
remove trees in order to establish or expand a farm and have the subject
property qualify for farmland assessment under the Farmland Assessment
Act (N.J.S.A. 54:4-23.1 et seq.), the following procedure shall apply:
(1)
Notice of intent; fee.
(a)
The owner shall notify the Township Forester and Environmental Commission of such intention and shall supply the information required by § 60B-12 and the following additional information:
[1]
A survey or map of the total property
with the area of tree removal depicted with reasonable accuracy.
[2]
A statement under oath that the
applicant is not pursuing the tree removal hereunder to avoid the
other sections of this chapter and that if the application is granted,
the property would not be the subject of a subdivision or site plan
application for 10 years after the farming activity is commenced.
(b)
Notwithstanding any other provision herein,
an application fee in the amount of $100 shall be paid.
(2)
The Township Forester shall inspect the site
and may require the applicant, owner and/or farmer to accompany him.
(3)
The Township Forester shall issue a tree removal
permit under this subsection if:
(a)
The Township Forester is satisfied that the
application is made in good faith and with the intention to establish
a farm which will qualify for farmland assessment under the Farmland
Assessment Act; and
(b)
The record owner of the property executes a
restriction in recordable form that the property shall not be the
subject of a subdivision or site plan application for a period of
10 years after the farming activity is commenced.
(4)
If the Township Forester concludes that the application is not made in good faith and with the intention to establish a farm which would qualify the property for farmland assessment under the Farmland Assessment Act, the Township Forester shall deny the permit and notify the applicant and owner in writing, with a copy to the Environmental Commission and the governing body, of the specific findings upon which the determination is made and of the fact that the applicant may appeal such determination within 10 days pursuant to § 60B-19 of this chapter.
A.
Any person violating any of the provisions of this
chapter shall, upon conviction thereof, be subject to a fine not exceeding
$1,000 or to imprisonment in the county jail for a period not exceeding
90 days or to a period of community service not exceeding 90 days,
or to such combination of punishments as the Municipal Judge may,
in his or her discretion, deem appropriate and just.
B.
Each violation of any of the provisions of this chapter
and each day the same is violated shall be deemed to be a separate
and distinct offense.
[Added 11-8-1990 by Ord. No. 1990-29]
A.
Who may take appeal. The applicant may appeal the
Township Forester's denial of the application for a tree removal permit.
Any resident of the Township may appeal the Township Forester's issuance
of a tree removal permit.
B.
Time and manner of appeal. A written appeal of the
Township Forester's decision must be filed with the Township Clerk
within 10 business days from the date of the Forester's decision.
In the event that the appeal is taken by one other than the applicant,
the appellant must submit an affidavit certifying that notice of the
appeal has been served upon the applicant, either personally or by
certified mail, return receipt requested.
C.
Appellate tribunal. The governing body shall hold
a hearing and decide the appeal based upon the written decision of
the Township Forester, additional evidence which the Forester, appellant
and/or applicant (if not the appellant) may present. The governing
body shall have the right, if it deems it necessary, to employ an
outside expert to review the matter and present evidence and opinions
relevant to the issues on appeal. The governing body 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 shall be
accorded to all interested parties.
D.
Fee on appeal. The appellant shall, at the time of
filing the appeal, submit an appeal fee of $100 plus an escrow amount
of $500 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
Township for the appeal. In the event that the initial escrow amount
shall be depleted, the escrow shall be replenished within five business
days after notification to the appellant from the governing body or
Township Clerk. Any balance left on deposit in the escrow at the conclusion
of the appeal shall be refunded to the appellant.
E.
Time and form of decision. The governing body shall
determine the appeal, orally or in writing, within 45 days following
conclusion of the appeal hearing and may affirm, reverse or modify
the decision of the Township Forester. The governing body's decision
may be rendered orally or by written resolution setting forth findings
and reasons. If the governing body's decision is initially rendered
orally, the written resolution of memorialization setting forth findings
and reasons shall be adopted within 45 days from the date of the oral
decision. Only those members of the governing body voting in favor
of the oral decision may vote on the resolution of memorialization.
F.
For purposes of this section, "business days" shall
mean Monday through Friday, except holidays.
