[Amended 7-18-2005 by Ord. No. 685; 9-12-2005 by Ord. No.
708; 8-8-2022 by Ord. No. 907]
The purpose of this Part 5 is to retain and
protect healthy trees and woodlands in the Township of Boonton; to
control indiscriminate and excessive cutting and destruction of trees
larger than six inches in diameter at breast height; and to give adjoining
property owners an opportunity to object to any tree removals which
may adversely affect their properties by requiring approval of a plan
for the protection of trees and control of the removal of trees in
order to promote the safety, public health and convenience and general
welfare of the community.
The provisions and requirements of this Part
5 shall be held paramount to any corresponding or similar but less
restrictive provisions and requirements of any existing law, ordinance,
rule, regulation, deed restriction or private covenant affecting lands
and premises in the Township of Boonton.
As used in this Part 5, the following terms
shall have the meanings indicated.
The removal of all standing trees on a lot or a portion of
a lot.
The diameter of a tree measured 4 1/2 feet above the
ground level for existing trees to be surveyed in the field. On sloped
terrain, such measurement shall be made on the uphill side. Diameter
at breast height may appear in this Part 5 as the abbreviation "DBH."
Any activity involving the clearing, excavating, storing,
grading, filling or transporting of soil, or any other activity which
causes soil to be exposed to the danger of erosion.
An imaginary ground line around a tree that defines the limits
of the tree canopy.
A preexisting lot located within a zone permitting single-family
detached dwellings upon which is constructed a single-family detached
dwelling or a two-family detached dwelling or upon which the construction
of one single-family detached dwelling is proposed and which property,
as a result of zoning restrictions, cannot be further subdivided.
The management of any wooded tract of land to ensure its
continued survival and welfare, whether for commercial or noncommercial
purposes, pursuant to a plan approved by the New Jersey Forest Service.
Any tree species which has a DBH of six inches or more.
No person shall cut down or remove or permit,
suffer or allow the cutting down or removal of any tree without first
having complied with the provisions herein. Prior to the cutting down
or removal of any tree which is subject to this Part 5:
A.
An applicant for a site plan, minor subdivision or
preliminary plat for a major subdivision shall obtain a permit from
the Morris County Soil Conservation District. The Morris County Soil
Conservation District shall determine the permitted area for tree
cutting and shall submit its approval to the Boonton Township Planning
Board or Zoning Board of Adjustment, as appropriate.
B.
Unless the application is in conjunction with a subdivision,
an applicant for a road opening permit shall obtain a tree removal
permit from the Township Committee.
C.
An applicant for a construction permit for a new home
which is not part of a subdivision shall submit the proposed construction
plan, tree removal and soil erosion and sediment control plan to the
Morris County Soil Conservation District for guidance as to the removal
of trees and approval of the plan.
D.
In no event shall the owner or occupant of a homestead
lot or residential property, or a contractor performing any work on
behalf of the owner/occupant of a homestead lot or residential property,
remove more than 15 living trees in excess of six inches diameter
at breast height a homestead lot/residential property within a twelve-month
period without first applying for and obtaining a tree removal permit
from the Township Construction Official. In addition, regardless of
the size and number of living trees to be removed, the applicant of
a construction permit to perform work on any homestead lot/residential
property within the Township, whether such applicant is the owner/occupant
or the owner/occupant’s contractor, shall be required to apply
for and obtain a tree removal permit prior to removing any number
of living trees on a homestead lot/residential property within the
Township.
E.
The provisions of § 102-100.1 shall apply to the owner/occupant of a homestead lot or residential property, and/or the contractor performing work on behalf of such owner/occupant, in the event the owner/occupant, and/or the contractor of the owner/occupant, either: removes more than 15 trees on a homestead lot or other residential property within a twelve-month period, without first obtaining a tree removal permit under circumstances in which a tree removal permit is required; or removes any number of trees on a homestead lot or other residential property, while performing work requiring a construction permit, without first obtaining a tree removal permit.
The removal of trees under the following circumstances
shall be exempt from the provisions of this Part 5:
A.
Commercial nurseries, including Christmas tree farms
and fruit tree orchards.
B.
Removal of trees which are dead, dying or diseased,
or trees which have suffered severe damage, or any trees whose angle
of growth or location make them a hazard to structures or human life.
C.
Pruning or removal of any tree growing on or over
a public right-of-way or public property by an appropriate authority
or authorized utility company for maintenance of utility wires or
pipelines.
E.
Land used for agricultural purposes when operated
in accordance with a farm conservation plan approved by the Morris
County Soil Conservation District.
F.
Silviculture.
A.
The clear-cutting of trees on land either before or
after subdivision or site plan approvals or building permits have
been issued is prohibited.
B.
The removal of any tree which serves buffer, shade,
landscaping or other functions as required by an approved subdivision
or site plan shall not be removed unless considered to be a public
safety hazard by the appropriate approving authority.
A.
The applicant shall submit to the appropriate approving
authority for each site on which work is to be done a tree protection
and removal plan which contains:
(1)
Name, address of applicant and, if other than an individual,
legal status.
(2)
Name, address of owner of the property and, if other
than an individual, legal status.
(3)
Street address and tax lot and block numbers of premises.
(4)
An informal map or sketch of the property showing
area or areas to be affected, dimensions thereof, a limit of disturbance
line and use or use to which affected areas are to be put upon completion
of work, including new vegetation to be planted as part of work.
(5)
The signature of the applicant and of the owner approving
the plan, if different from the applicant.
(6)
An estimate of the number of trees more than six inches
in diameter at breast height per acre. Such estimate may be made by
counting trees in the heaviest wooded areas in a radius of 37.2 feet,
taking an arithmetic average as to each species and as to the approximate
diameter of each species from three to five inches diameter, five
to 10 inches diameter and over 10 inches diameter, and multiplying
such averages by a factor of 10 to reach an estimate of the yield
per acre.
(7)
A statement of the effect on the character of the
premises anticipated to result from the tree removal, the stated reason
for the removal and any other comments the applicant wishes to make
in support of the application.
(8)
All permit fees and review fees as established by
ordinance. For permits issued by the Morris County Soil Conservation
District, permit fees shall be submitted to the Morris County Soil
Conservation District.
B.
Tree protection and removal plans shall be approved
when in conformity with the provisions of this Part 5.
A.
No trees shall be removed from any area subject to
this Part 5 until:
(1)
The appropriate authority has approved the tree protection
and removal plan after review and has issued a tree removal permit
for the land or for each lot to be disturbed in a subdivision.
(2)
There shall be no lot disturbance and a building permit
shall not be issued until a tree removal permit has been issued and
the appropriate barrier fence has been erected to delineate the area
of disturbance.
B.
During any construction, excavation, grading or other
land disturbance:
(1)
Construction equipment shall be limited to within
the limit of disturbance according to the approved plan.
(2)
No material or temporary soil deposits shall be placed
within the dripline of any existing tree to be retained for any period
in excess of six weeks. Heavy equipment shall be operated in such
a manner as not to break, tear, bruise, decorticate or to otherwise
injure any living or dormant tree to be retained.
(3)
Prior to any disturbance, appropriate barriers shall
be placed along all limits of disturbance.
C.
Notwithstanding any other provision of this Part 5, and except for selective cutting of trees approved in accordance with the provisions of this Part 5, the total clearing of any lot in a residential district, including any existing cleared area, shall not exceed five times the permitted impervious coverage as provided in § 102-171.2.
D.
The appropriate approving authority shall act upon
every application for a tree removal permit within 30 days after it
is filed. Upon failure of the appropriate authority to act upon an
application within such period of time, the application shall be deemed
to have been approved as submitted for all purposes of this chapter.
E.
In the event that the appropriate approving authority
shall disapprove any application in whole or in part, the reasons
for such disapproval shall be endorsed upon the application.
F.
Conditional approval. The appropriate approving authority
may approve an application in whole or in part upon terms and conditions
which shall be endorsed upon the application. Such terms and conditions
may include requirements for the installation of wells or wells of
specified dimensions for a particular tree or trees not to be removed.
The appropriate approving authority may also require that a specific
tree or trees shall be protected from damage during building or other
construction work carried on in close proximity thereto by the erection
and maintenance of suitable guards or barriers. The removal of diseased
trees and the pruning or trimming of trees that are not to be removed
may be required, as may any other reasonable action necessary to preserve
and protect trees in the opinion of the appropriate approving authority.
A.
Fees. An inspection fee and a permit fee as set forth in § 102-82 shall be submitted with all tree protection and removal plans submitted for approval. Fees for approvals from the Morris County Soil Conservation District shall be assessed by and paid to the Morris County Soil Conservation District.
B.
Inspections.
(2)
For all other permits, the Construction Official or,
if authorized by the Township Committee, the Township Engineer shall
enforce the requirements of this Part 5 and shall inspect the work
being undertaken in connection with the tree protection and removal
plan.
(3)
In the event of a failure to comply with any condition
or requirements of the plan, the Morris County Soil Conservation District
or the Construction Official or the Township Engineer, as the case
may be, shall, among other things, revoke the building permit or certificate
of occupancy, issue stop-work orders and generally take such action
as may be justified under the circumstances.
C.
Appeals. Any applicant aggrieved by the action or
decision of the appropriate approving authority taken under this Part
5 may appeal such action or decision to the Township Committee.
Any tree removed pursuant to a tree removal permit or in violation of Part 5 shall be replaced as provided below, unless said tree is located in an exempt area, is dead or fatally diseased as determined by a certified tree expert, or tree replacement payment is made pursuant to § 102-100.2. Tree replacement shall be required in accordance with the standards set forth in ANSI Z60.1, American Standard for Nursery Stock. Tree replacement shall be in accordance with either Subsection A, B, C or D below or a combination of Subsections A, B, C and D.
A.
One-to-one
tree replacement. For each tree six inches in DBH or greater that
is removed, the applicant shall prepare a replanting plan for other
areas of the property. The replacement plan or landscape plan shall
reflect a one-to-one tree replacement for each tree six inches or
greater to be removed. All proposed replacement trees shall be in
accordance with selections from Trees For New Jersey Streets, published
by the New Jersey Shade Tree Federation, and Street Tree Factsheets,
a publication of the Municipal Tree Restoration Program, and submitted
for review and approval prior to the issuance of a tree removal permit.
B.
Tree
area replacement/reforestation. For each square foot of tree area
to be removed, the applicant shall prepare a reforestation scheme
on other treeless open space areas of the property to compensate for
the tree removals. The reforestation plan shall be based on a twenty-foot-by-twenty-foot
grid. Of this number of trees, 10% shall be balled and burlaped, two-inch
to two-and-one-half-inch caliper; 20% shall be balled and burlaped,
one-and-three-fourths-inch to two-inch caliper; 30% shall be bare
root one-and-one-fourth-inch to one-and-one-half-inch caliper; and
40% shall be bare root six-foot- to eight-foot-tall whips. A mixture
of trees, indigenous to the area and site, shall be utilized. Proposed
trees shall be planted in natural groves and may be spaced five feet
to 20 feet on center. The ground shall be seeded with a grass mixture.
The reforestation formula shall follow the guidelines as set forth
in the New Jersey No Net Loss Reforestation Act, P.L. 1993, c. 106
(N.J.S.A. 13:1L-14.2).
C.
Credits.
The permit applicant will receive a one-to-one replacement tree credit:
(1)
For stands of 10 or more trees with a DBH of six inches or greater
preserved within the limit of the disturbance line; or
(2)
Forested areas of one acre or greater, which are left natural and
conveyed to the Township with a deed restriction that they will remain
forested and undeveloped. This conveyance excludes all previous dedicated
easements.
D.
All replacement trees shall be planted on site, unless all of the replacement trees cannot be physically accommodated. In such instance, the applicant shall pay the tree replacement fee in accordance with the schedule in § 102-100.2.
E.
Exempt
areas.
(1)
Agricultural operations are exempt from replacement requirements
because such operations are governed by the Right to Farm Act, N.J.S.A.
4:1C-1 to 4:1C-10, which preempts local regulation. Property owners
claiming exemption under this subsection must continue to farm the
property in question as described on the tree removal permit for a
minimum of five consecutive years after the date of clearing or date
of commencement of the prescribed farming activity that is deemed
compliant by the Tree Specialist. An approved permit must be submitted
prior to clearing. If the property is not farmed as prescribed on
the tree removal permit within three years of the tree removal or
is developed for any other use before the five years expires.
(2)
In all commercial, industrial and nonresidential developments, with
a proposed buildable lot area less than 40,000 square feet, up to
50% of the lot area may be exempt area. For development with a proposed
buildable area of 40,000 square feet or greater, up to 20,000 square
feet in area may be exempt area. The exempt area shall be calculated
as a contiguous, circular area from a fixed point within the footprint
of the existing or proposed primary structure on the property. The
exempt area should be calculated to minimize any adverse environmental
impacts.
(3)
Utility line clearance operations, provided that such plan is filed with the Tree Specialist and work performed in accordance with ANSI A300 Part 7: BMP Utility Pruning of Trees, and Board of Tree Experts Pruning Standards for Shade Trees, Section 5.5.
(4)
In case of emergencies, such as hurricanes, fire, windstorm, ice
storm, flood, freezing temperatures or other disaster, or in the case
of dead or diseased trees which are a hazard to persons or property,
the requirements of the regulations set forth in this chapter may
be waived by the Tree Specialist upon a finding that such waiver is
necessary so that the public or private work to restore order on the
property in the Township will not be impeded.
A.
The
approving authority or the Zoning Officer shall have at its discretion
the option of permitting a contribution of equivalent value and/or
tree plantings off tract in lieu of replacement plantings on site
where the applicant can demonstrate that replanting on the development
site is impractical due to existing undisturbed wooded areas or environmental
constraints, including, but not limited to, freshwater wetlands, slopes
in excess of 25%, streams, rivers or bodies of open water. The applicant
shall bear the burden of demonstrating that such alternate measures
are necessary. A report by a licensed landscape architect, professional
engineer or registered forester shall accompany any such request.
Equivalent value shall be based upon the current edition of the publication
known as the "Guide For Plant Appraisal" published by the International
Society of Arboriculture or a similar recognized academic and/or industry
source.
B.
Funding for trees deposited into the community tree bank shall be utilized for planting in accordance with the ranking schedule set forth in Subsection C, subject to the approval by the Township Committee.
C.
The ranking system set forth in Subsection C(1) through (4), below, is intended to guide the Township Committee with regard to the expenditure of funds from the community tree bank for the purpose of reforestation and replanting efforts. The Township Committee may utilize the Township's Master Plan for this purpose.
(1)
Public open space or land utilized for public uses, where they can
be added to increase the acreage of existing forest;
(2)
Private land within existing or proposed conservation easement where
they can be added to increase the acreage of existing forest;
(3)
Public or private land to create "new" forest;
(4)
Public land where they will be used for ornamental purposes.
D.
All tree banking funds shall be deposited in a separate, interest-bearing Community Tree Bank Trust Fund. Said funds shall be used exclusively to implement the reforestation and planting objectives set forth in Subsection C of this section.
E.
A permanent
record in the form of reports, plans, maps, photographs or other similar
documentation shall be maintained of each project funded, in whole
or in part, by the Community Tree Bank Trust Fund. Said record shall
be maintained by the Township Clerk and the Secretary to the Planning
Board. An annual report on the status of the Fund and reforestation
and planting projects shall be provided to the Township Committee
and the Zoning Officer.
