[HISTORY: Adopted by the Township Committee
(now Township Council) of the Township of West Windsor 12-27-1979
by Ord. No. 79-39 as Chapter XVI of the Revised General Ordinances.
Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
[Added 2-27-2006 by Ord. No. 2006-02]
A farm management unit of no less than five
acres producing agricultural or horticultural products worth $2,500
or more annually and satisfying the eligibility criteria for differential
property taxation pursuant to the Farmland Assessment Act of 1964,
P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.); or
A farm management unit less than five acres
producing agricultural or horticultural products worth $50,000 or
more annually and otherwise satisfying the eligibility criteria for
differential property taxation pursuant to the Farmland Assessment
Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.).
The line formed by water dripping from the outermost circumference
of the branches of the tree.
The land under the dwelling and such additional land actually
used in connection with a single-family dwelling, such as land used
for lawns, flower gardens, shrubs, swimming pools, tennis courts and
similar uses customarily accessory and appurtenant to the use of a
dwelling, but in no event more than the amount of land equal to the
minimum lot size provided for the zoning district in which the property
is located, subject to any other restrictions or easements which may
apply to the planting or removal of trees.
[Amended 7-7-2008 by Ord. No. 2008-15]
A board established to regulate commercial farm practices
and to consider any application by commercial farm owners or operators
to conduct permissible farming activities, pursuant to the Right to
Farm Act, N.J.S.A. 4:1/C-1 et seq.
[Added 2-27-2006 by Ord. No. 2006-02]
Any person as defined herein having title to or lawful possession
of any lot, plot or parcel of land within the Township.
Any individual, association, partnership, company, corporation,
agency or combination thereof.
Any living tree having a trunk diameter of five inches or
more as measured at a point 4 1/2 feet above the ground within
the Township of West Windsor and located on private land.
[Amended 6-22-1981 by Ord. No. 81-24]
Any living tree or shrubbery located on lands owned by the
Township of West Windsor or any other governmental body.
[Amended 6-22-1981 by Ord. No. 81-24]
A committee established to regulate commercial farm practices
and to advance and regulate farmland preservation pursuant to the
Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
[Added 2-27-2006 by Ord. No. 2006-02]
The following acts are prohibited except upon
issuance of a permit by the Township of West Windsor:
A.
No person shall injure, girdle, remove, destroy or
cause or allow to be removed or destroyed any living tree.
B.
No person shall place salt, brine, oil, chemicals
or other substances injurious to plant growth within the dripline
or in any other place or manner as to injure any tree growing thereon
or nearby.
C.
It shall be unlawful to operate or park heavy machinery, e.g., trucks, bulldozers, graders, etc., within the dripline of any tree as defined above, or to carry out scraping or excavation in any such manner as to expose or endanger the roots of such trees, except for approved alteration of grade as in Subsection G of this section.
D.
No fill, gravel, sand or other such material shall
be dumped, deposited or stored within the dripline of any tree.
E.
No person shall build a fire or station any tar kettle
or engine in such a manner that heat or noxious fumes will penetrate
the dripline of any nearby tree.
F.
No person shall dam or obstruct any watercourse so
as to result in flooding of adjacent wooded areas and thereby cause
damage to trees therein.
G.
Existing grade surrounding a tree may not be altered
by more than six inches without construction of an appropriate masonry
well or wall to provide retention of original grade around the tree.
Such masonry structure shall encircle the tree at a distance of at
least three feet from the trunk at any point.
H.
No person shall cause to occur any disturbance to land or vegetation, including the injuring, girdling, removing and destroying of living trees, in any area designated for conservation by an approval of a Township land use board, whether such area is established by specific delineation or by application of principles and processees set forth in the approval and application documents, and in any other area for which conservation restrictions are in place by virtue of easements, deed restrictions, or other instruments. Conservation areas created by land use board approvals may be established by Greenbelt or other easement or deed restriction, but shall also be subject to this chapter and to § 200-254 if no deed restrictions or easements are recorded, whether or not the intent of the approval was to have such instruments recorded.
[Added 7-7-2008 by Ord. No. 2008-15]
[Amended 4-19-1999 by Ord. No. 99-07; 2-27-2006 by Ord. No.
2006-02; 4-7-2008 by Ord. No.
2008-02]
A.
Any person, including the owner or operator of a commercial farm, desiring to remove, injure, girdle or destroy one or more trees defined in § 170-1 shall file an application therefor with the Manager, Division of Land Use (Manager), on a form to be provided for this purpose. The owner or operator of a commercial farm is not exempt from making such an application. The application shall identify the lot or tract of land upon which the tree or trees are located, shall disclose the name and address of the owner and/or tenant or duly authorized agent of the owner or shall show the actual location, species and diameter of the tree or trees sought to be destroyed, as well as the location of any existing buildings or proposed construction.
B.
If the applicant is the owner or operator of a commercial
farm, then the Manager shall refer the application, together with
any previous applications for removal of trees from the tract of land,
to the Mercer County Agriculture Development Board (Board) with the
Manager's recommendations. If the Manager determines that the application
is made to benefit a land developer, then the application shall be
denied, subject to review by the Board.
C.
The Manager shall refer all other applications, together
with any previous application for removal of trees from the tract
of land, to the Township Shade Tree Commission for consideration as
detailed below.
D.
Upon referral of an application from the Manager,
Shade Tree Commission or its authorized representatives shall examine
the premises referred to in the application and inspect the trees
referred to therein and the physical condition of the lands and the
vicinity thereof.
E.
After completing the examination, the Shade Tree Commission or its representatives shall make a determination with respect to whether or not the permit should be granted in accordance with the standards provided for herein. If this determination is to grant the permit, it shall be endorsed upon the application and returned to the Manager, who shall either issue or deny the permit within one week thereafter. Issuance of permits shall not be approved for trees within Township land use board-created conservation areas set forth in § 170-2H unless such trees are dead or diseased and in the opinion of the Shade Tree Commission should be removed or unless the Township land use board that established such areas has agreed that the acts for which the filed application seeks approval may be undertaken by approving an amendment to the prior land use approval barring such acts. Issuance of permits shall not be approved for trees within such other conservation areas as are set forth in § 170-2H unless permits for tree removal, pruning, or trimming are permitted by the instrument creating such conservation areas. Issuance of permits shall not be approved for trees outside of the conservation areas set forth in § 170-2C unless one or more of the following conditions is found to exist:
[Amended 7-7-2008 by Ord. No. 2008-15]
(1)
The tree or trees in question are in areas to be occupied
by buildings, driveways, recreation areas, streets or drainage or
underground utility easements as determined from plat maps for site
construction as approved by the Township Planning Board.
(2)
The tree or trees are located within 15 feet of any
of the aforesaid structures or are within utility easements.
(3)
The area requires an approved cut or fill of land
deemed injurious or dangerous to the trees in question and no alternative
grading methods arc available.
(4)
Presence of the tree shall in any way constitute a
danger to the property owner or the public.
(5)
Other adequate and special reason within the intent
of this chapter.
[Amended 4-19-1999 by Ord. No. 99-07; 2-27-2006 by Ord. No.
2006-02]
If the applicant is a commercial farm owner
or operator, then any appeal from a permit denial by the Manager should
be made to the Board in accordance with the rules and resolutions
of the State Agriculture Development Committee. All other applicants
are hereby granted the right to appeal the aforesaid determination
by the Manager to the Business Administrator, in which event the applicant
must file a written notice of appeal with the Manager within 10 days
after receipt of the Manager's notification to the applicant. Thereupon,
the Business Administrator will, upon notice to the applicant, proceed
to hear the matter within 30 days after the filing of the appeal.
The decision of the Business Administrator may affirm, reverse or
modify the aforesaid determination and shall constitute the final
administrative determination of the application.
B.
This chapter shall not apply to normal operations
in commercial orchards or tree nurseries as carried out by the owners
or their employees.
C.
This chapter shall not apply to a public utility company
when that company performs routine line clearance for overhead utility
wires.
[Amended 4-19-1999 by Ord. No. 99-07]
D.
This chapter shall not apply to standard selective
forestry practices which will benefit both the owner and the intent
of this chapter, such as pruning and trimming to enhance growth. Any
such activity, however, which entails injury to or destruction of
trees shall require an application and permit as provided for herein
and shall be in accordance with a management plan developed by the
New Jersey Department of Environmental Protection, Bureau of Forestry
or other professional forester.
E.
This chapter shall not apply to any tree cut on any
homesite for personal use as firewood by the owner.
[Amended 6-22-1981 by Ord. No. 81-24]
F.
This chapter shall not apply to any person who, on
or prior to the effective date hereof, was engaged in the bona fide
business of cutting and selling firewood from lands within the township,
provided that the lands so used for such purposes shall not be extended
or enlarged except upon issuance of a permit as provided for herein.
A.
Removal required; notice. If a tree or any part thereof
along a street becomes dangerous or a hazard to public safety, the
owner of the property on which the tree stands shall remove the tree
or the required part thereof on receipt of written notice to that
effect from the Township Administrator.
[Amended 6-22-1981 by Ord. No. 81-24]
B.
Standard established; clear vision at intersection.
The owner or tenant of any lands lying within the township shall keep
all brush, hedges and other plant life, growing within 10 feet of
any street and within 25 feet of the intersection of two streets cut
to a height of not more than 2 1/2 feet, as deemed necessary
and expedient for the preservation of public safety after a determination
by the Chief of Police or any subordinates acting under the Chief's
direction.
C.
Removal by township. If the owner fails to remove
the tree or portion thereof within 10 days after receipt of written
notice to do so, the work shall be performed by the township under
the supervision of the Administrator who shall certify the cost to
the Township Council.
D.
Costs charged against land; lien established. Upon
determining the certified costs, the Mayor or designee shall examine
them and shall cause the reasonable cost to be charged against the
lands. The amount so charged shall become a lien upon the lands and
shall be added to and become part of the taxes next to be assessed
and levied on the lands, the same to bear interest at the same rate
as other taxes and be collected and enforced by the same officer and
in the same manner as taxes.
[Amended 4-19-1999 by Ord. No. 99-07]
Any person found guilty of violating any provision of this chapter shall, upon conviction, be liable to the penalty established in Chapter 1, General Provisions, Article II, Penalty, § 1-3. Each day any violation of this chapter continues shall constitute a separate offense, as shall injury to or destruction of each tree without a permit.[1]
[1]
Editor's Note: Former Section 16-7, Administration,
which immediately followed this section, was deleted 4-19-1999 by
Ord. No. 99-07.
