Township of Parsippany-Troy Hills, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Parsippany-Troy Hills as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Housing and property maintenance — See Ch. 213.
Land use, subdivisions and site plans — See Ch. 225.
[Adopted 10-28-1986 by Ord. No. 86:72 as Sec. 23-1 of the 1986 Code]

§ 392-1 Findings.

The Township finds that indiscriminate and excessive cutting of trees upon tracts of land has resulted in creating increased surface drainage and increased soil erosion; decreased fertility of the soil; created dust and mosquito breeding places; and impaired the stability and value of real estate with the result that there has been and will be in the future a detriment to the public safety, health and general welfare.

§ 392-2 Removal or destruction regulated.

No person shall destroy or remove five or more live trees exceeding three inches in diameter measured at a point one foot above the ground growing upon any lands within the Township within any year unless the destruction or removal is accomplished in accordance with the provisions of this article.

§ 392-3 Application required.

[Amended 12-20-2005 by Ord. No. 2005:31]
All persons desiring to destroy or remove five or more live trees in excess of the size referred to in § 392-2 shall file an application with the Superintendent of Parks and Forestry on the form to be provided for that purpose. The application shall identify the lot or tract of land upon which the trees are located, state the name and address of the owner, tenant or duly authorized agent thereof and shall show the location of the trees sought to be destroyed or removed.

§ 392-4 Rejection of application.

The enforcing officer shall not grant any application above referred to except under the following circumstances:
A. 
If their presence would cause hardship or endanger the public or an adjoining property owner.
B. 
In areas to be occupied by buildings, driveways or recreation areas and within a distance of 25 feet around the perimeter of buildings, depending on tree species and condition, to be determined by the enforcing officer.
C. 
Unless the area shall have a cut or fill of land deemed injurious or dangerous to the trees. The determination of the enforcing officer in this respect shall depend on the species of the tree and degree of injury and shall be indicated on the plan referred to herein.
D. 
If the removal of trees is performed in a selective manner consistent with the public interest. Thinning of a heavily wooded area where some trees are removed and others remain may be permitted at the discretion of the enforcing officer.

§ 392-5 Regulations for soil deposits and equipment.

A. 
No material or temporary soil deposits shall be placed within six feet of any existing tree trunk.
B. 
No mechanical equipment weighing in excess of two tons, including bulldozers, earth movers or other heavy construction equipment, shall be operated within six feet of any tree or operated in such a manner as to break, tear, bruise, decorticate or otherwise injure any living or dormant tree.

§ 392-6 Appeal of decision.

[Amended 12-20-2005 by Ord. No. 2005:31]
Any applicant aggrieved by the provisions of this article shall have the right within 10 days from the decision of the Superintendent of Parks and Forestry to appeal in writing to the Township Council who shall review that decision. Unless the decision is revoked or modified, it shall remain in full force and effect.
[Adopted by Ord. No. 95:31]

§ 392-7 Findings.

The Township finds that the practice of burying large quantities of tree stumps is dangerous and inimical to public safety, health and general welfare; and that the public interest would be better served by the recycling of tree stumps.

§ 392-8 Prohibition against burying tree stumps.

No person shall bury or cause to be buried any tree stump or other debris resulting from the removal or destruction of trees pursuant to this chapter.

§ 392-9 Recycling tree stumps.

Any person who removes or destroys trees pursuant to this chapter is required to remove the stump of each tree and send the tree stump to a recycling center authorized to receive wood products and wastes.

§ 392-10 Recycling manifests or receipts.

[Amended 12-20-2005 by Ord. No. 2005:31]
Any person who brings tree stumps to authorized recycling centers in accordance with § 392-9 is required to submit to the Division of Recycling and Sanitation manifests or receipts received from the authorized wood recycling center. No certificates of occupancy or final site plan approval shall be issued until such manifests or receipts are received by the Township Office of Recycling and Sanitation.

§ 392-11 Waivers and exemptions.

The provisions of § 392-10 shall not apply to single-family dwellings where the property owner removes fewer than four trees, nor to developers who recycle stumps on-site.