[HISTORY: Adopted by the Township Council of the Township of West
Milford as Sec. 5-10 of the 1976 Revised General Ordinances. Amendments noted
where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 500.
The Township Council does herein decide and find that the uncontrolled
destruction, removal and cutting of trees upon lots and tracts within the
Township has resulted in creating increased municipal costs for drainage control
and has further caused increased soil erosion and stream pollution, decreased
the fertility of soil, increased dust which has further deteriorated property
values and has further rendered land unfit and unsuitable for its most appropriate
uses and has caused deterioration in the value of improved and unimproved
real estate within the Township with a resulting adverse effect upon the health,
safety and general well-being of the inhabitants. The aforesaid findings have
caused the passage of this chapter to regulate and control the indiscriminate
and excessive cutting of trees in the Township.
It has been determined, therefore, that no person shall cut or remove
any tree upon any lands within the Township, unless such action accomplishes
a useful purpose and is done in accordance with the regulations and provisions
of this chapter.
All definitions herein contained shall be considered in conformance with those set forth in the Zoning Ordinance of the Township of West Milford, N.J., 1969, and as amended, and as in Chapter 500 of the Code of the Township of West Milford, with the following additions:
The duly appointed officer of the Township given the authority to
enforce the provisions of this chapter.
Any living deciduous tree having a trunk of a diameter greater than
four inches, measured at a point 4 1/2 feet above the ground, or any
living coniferous tree having a trunk of a diameter greater than four inches,
measured at a point 4 1/2 feet above the ground, or a height greater
than six feet. Nothing in this chapter is intended to conflict with or supersede
the provisions of the Soil Erosion and Sediment Control Act of the State of
New Jersey, Chapter 251 of the Public Laws of New Jersey.[1]
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
A.
Application. Any person desiring to destroy, cut or remove
any such tree which is not excepted under terms of subsection 5-10.3 shall
apply to the Township forester for a permit to remove such tree.
B.
Information.
(1)
The applicant shall identify by block and lot the land
upon which the tree is located and shall disclose the name and address of
the owner, tenant or duly authorized agent of such owner or tenant, and the
applicant shall also identify the species and generally designate the location
of the tree sought to be cut, removed or destroyed.
(2)
A tree removal permit, if required, shall be obtained
prior to the approval of all minor and major subdivisions, site plans, building
applications and certificates of occupancy on a map which shall include the
following:
Upon application for a permit, the applicant shall pay to the Township the fees set forth in Chapter 135, Fees and Costs.
As a basis for determining permitted tree removal, the duly appointed
officer shall give due consideration to the following:
A.
For purposes other than commercial lumbering. The lands
covered by each application shall be inspected by the Township Forester who
shall issue a permit upon a finding that the destruction or removal to be
permitted would not impair the growth and development of the remaining trees
on the applicant's property or adjacent properties, would not cause soil erosion,
would not impair existing drainage patterns, would not lessen property values
in the neighborhood and would not impair substantially the aesthetic values
of the area. The Township Forester shall have the authority to affix reasonable
conditions to the approval of a permit required by this chapter.
B.
For the purposes of commercial lumbering in accordance
with the following restrictions:
(1)
The lumbering company or individual owner of the property
in question shall file with the duly appointed officer a forest management
plan approved by the New Jersey Department of Environmental Protection, Bureau
of Forestry, or other professional forester. Such plan shall be subject to
the approval of or disapproval of the Township Forester. Any deviation taken
from this plan shall be considered a violation of this chapter.
(2)
In no case shall more than 30% of the total number of
trees be removed from the entire tract.
If the applicant as defined in § 371-4 discloses that no more than five trees in excess of the size referred to aforesaid in this chapter are to be removed, cut or destroyed, or have been cut, removed or destroyed from the lot or tract of land identified in the application, then the Township Forester may waive any or all of the items listed in § 371-4 and may issue a permit for the removal of such trees.
Excepted from this chapter shall be:
A.
Any tree located on a tract or parcel of land 1 1/2
acres or less in size on which a residential dwelling is located.
B.
Any tree growing on property actually being used as a
nursery, garden center, Christmas tree plantation or orchard.
C.
Any tree growing on land actually being used for a sanitary
landfill operation or for surface mining, or on land approved for such use
by the Township or applicable agencies.
D.
Any tree growing in a public right-of-way, private right-of-way,
drainage or utility easement, as designated on the West Milford Township Tax
Map.
E.
Any tree located on a tract or parcel of land in excess
of 1 1/2 acres, to be cut for personal use as firewood by the owner of
such property. Not more than five trees per acre shall be cut in any one year,
and in no case shall more than 30% of the total number of trees located on
such property be removed.
F.
Any tree dead or diseased as a result of natural causes,
or other tree that is likely to endanger life or property.
G.
Any tree cut or removed in accordance with a management
plan developed by the New Jersey Department of Environmental Protection, Bureau
of Forestry, or other professional forester, and filed with and approved by
the Township Forester duly appointed by the Township.
H.
Any tree located on or within 20 feet of a proposed residential
structure, its well, septic system or other accessory structures.
I.
Any tree located within 10 feet of the planned paved
areas of a residential driveway, provided that the alignment of the driveway
is planned to save as many trees as possible.
J.
Any tree located near utility lines or substations, provided
that the reason for the tree removal is related to public safety purposes.
No person shall cut, remove or destroy upon any lands within the Township
any tree considered to be unique and irreplaceable by reason of age, historical
associations, or botanical rarity as determined by the Township Forester.
[Amended 9-1-2004 by Ord. No. 2004-6]
The applicant shall have the right to appeal the decision of the Township Forester
to the Township Administrator within 10 days of receipt of such decision.
The appeal shall be by written notice to appeal. The Township Administrator
shall proceed to hear such appeal upon notice to the applicant within 30 days
after the filing of such notice of appeal. The Township Administrator may,
in his discretion and upon complete review of the application, and after hearing
the testimony of the Township Forester and the applicant, reverse, modify
or affirm the aforesaid decision.
All trees protected by this chapter shall be protected against construction
damage, soil deposits or other activities to the satisfaction of the Township
Forester.
