[Adopted 3-21-2002 by Ord. No. 1-02]
The Township has found that indiscriminate, unregulated, uncontrolled
and excessive destruction, removal and cutting of trees upon lots
and tracts of land within the Township causes increased drainage control
costs, increased soil erosion, decreased fertility of the soil, decreased
groundwater recharge, increased glare and heat pollution, increased
buildup of atmospheric carbon, increased dust and mosquito breeding
places, the deterioration of property values, the rendering of lands
unfit or unsuitable for their most appropriate use, has impaired the
stability and value of improved and unimproved real estate, with the
result that there has been and will result in the future detriment
to the public safety, the public health and general welfare, which
requires the passage of this article. The Township desires and intends
that this article will regulate and control indiscriminate and excessive
cutting of trees within the Township, to preserve the maximum possible
number of trees in the course of development of a site, protect larger,
older specimens of trees, encourage innovative design and grading
to promote the preservation of existing trees, and provide a plan
for replacement of trees which promotes a desirable visual environment.
The following words and expressions as used in this article
shall have the following meanings:
AESTHETIC IMPROVEMENT CUT
The removal of the minimum extent possible of the smallest
and poorest specimens of trees so as to permit land development while
retaining the maximum number of larger and healthier specimens of
trees.
AVERAGED WOODED LOT
An inventory of a portion of each property subject to the
provisions of this article shall be made to establish the average
number of each species of tree within the area to be disturbed (which
includes any area from which trees are to be removed or cut down).
This inventory shall constitute the averaged wooded lot and shall
be determined as follows: the applicant shall select random one-tenth-acre
representative plots throughout the area to be disturbed, which plots
shall have comparable tree populations to the area to be disturbed
generally. Each representative plot shall be visibly marked by stakes
or other appropriate markers. The location of the representative one-tenth-acre
plots shall be subject to approval by the administrative officer.
The number of representative one-tenth-acre plots shall be equal to
50% of the number of acres within the area to be disturbed (including
any area from which trees are to be removed or cut down); provided,
however, that the number of representative one-tenth-acre plots shall
not be less than 10, unless the area to be disturbed is one acre or
less, in which event the entire area to be disturbed (including the
area from which trees may be cut down or removed) shall be inventoried.
Once the representative plots have been identified and approved, each
tree on each representative one-tenth-acre plot shall be inventoried
by species, and the average of each species calculated from the total
of each representative one-tenth-acre plot shall be determined for
the total representation of one-tenth-acre plots. That average number
of species shall represent the number of species of each tree within
the disturbed area, and the composite of all averaged tree species
shall constitute the averaged wooded lot (specimen trees are not part
of the averaged wooded lot as they are inventoried individually throughout
the entire tract).
BOARD
The Planning Board of the Township of Mine Hill.
CLEAR-CUTTING
The removal of all standing trees on a lot or portion of
a lot.
DIAMETER AT POINT OF MEASUREMENT
The diameter of a tree measured 4 1/2 feet above the
ground level on the downhill side for existing trees to be surveyed
in the field and shown on a replacement plan. Trees utilized in the
replacement of existing trees shall be measured six inches above the
ground for trees with a four-inch caliper or less and measured 12
inches above the ground for trees over a four-inch caliper. Diameter
at a point of measurement may appear in this article as the abbreviation
"DPM."
DRIPLINE
A limiting line established by a series of perpendicular
drop points marking the maximum radius of the crown of an existing
tree, but not less than six feet from the trunk, whichever is greater.
HOMESTEAD LOT
A preexisting lot located within a zone permitting single-family
detached dwellings upon which is constructed one single-family detached
dwelling and which property as a result of zoning restrictions could
not be further subdivided.
REPLACEMENT PLAN
A specific plan for replacement of removed trees in accordance
with the provisions of this article.
REPLACEMENT TREE
A nursery-grown certified tree, properly balled, marked with
a durable label indicating genus, species and variety, and satisfying
the standards established for nursery stock and installation thereof,
set forth by the American Association of Nurseryman. Caliper of replacement
trees shall be as follows: evergreen trees, seven feet to eight feet
height; ornamental trees, two inches to 2 1/2 inches; shade trees,
2 1/2 inches to three inches. The mixture of replacement tree
types shall be determined by the administrative officer.
SELECTIVE CUTTING
The removal of larger trees on an individual basis while
leaving trees of lesser size.
SILVICULTURE
The management of any wooded tract of land to insure its
continued survival and welfare, whether for commercial or noncommercial
purposes pursuant to a plan approved by the New Jersey Bureau of Forestry.
SLASH
The forest debris remaining after a tree removal operation.
THINNING
The removal of undesirable, competitive, diseased or damaged
trees so as to cultivate and improve the development of remaining
trees on the lot.
TOPPINGS
The uppermost 20% of height of a tree constituting its crown.
TREE
Any tree species which has a DPM of six inches or greater.
No person shall remove, cut or destroy any tree growing upon
any lands within the Township unless such removal, cutting or destruction
shall have been accomplished in accordance and compliance with this
article.
The following shall be exempt from the provisions of this article:
A. Commercial nurseries and fruit tree orchards.
B. Christmas tree plantations or farms.
C. Removal or destruction of trees which are dead, dying or diseased,
or trees or specimen trees which have suffered severe damage, or any
tree or specimen tree whose angle or growth make them a hazard to
structures or human life.
D. Those projects which, prior to the effective date hereof, have received
preliminary or final major subdivision approval or preliminary or
final site plan approval; provided, however, that an amendment to
a preliminary or final major subdivision approval or site plan approval
which is made after the effective date of this article and which modification
or amendment impacts upon existing trees shall be subject to the provisions
of this article. Applications for extension of preliminary approvals
where further tree removal is required shall be conditioned upon compliance
with this article where the application for extension has not been
granted prior to the effective date of this article.
E. Homestead lots shall be exempt from all provisions of this article
except those governing the removal of specimen trees as defined herein.
All applications for tree removal permits must be made to the
administrative officer. After determining that the application is
complete, the administrative officer shall provide written notice
to the applicant that the application for tree removal permit is complete
and shall refer one copy of the completed application for tree removal
permit to the Township Environmental Commission and the Open Space
Committee, together with a written request that they review the application
and provide their comments and recommendations within 35 days of the
date of the letter of transmittal. After 35 days from a referral to
the Environmental Commission and Open Space Committee, the administrative
officer shall approve or deny the application for tree removal permit.
If denied, a statement of reasons supporting the denial shall accompany
the denial. Due consideration shall be given by the administrative
officer to the timely receipt of comments and recommendations of the
Environmental Commission and Open Space Committee. Where approval
is given, no permit shall issue until the applicant provides a performance
guarantee as required herein. No performance guarantee may be released
until full compliance with the approval permit has been made, all
required replacement trees have been installed and an appropriate
maintenance bond has been posted in accordance with this article.
Any substantial change in a replacement plan shall necessitate
the submission of a revised plan to the administrative officer for
review and approval pursuant to this article.
The administrative officer may revoke a permit where there has
been a false or misleading application or for noncompliance with an
approved replacement plan.