[HISTORY: Adopted by the Township Council of the Township of Delran as Ch. XVIII of the 1993 Revised General Ordinances. Amendments noted where applicable.]
Trees in parks — See Ch. 231.
The Township Council of the Township of Delran finds that the indiscriminate, uncontrolled and excessive destruction, removal and cutting of trees within the Township has or will destroy a valuable ecological resource that is virtually irreplaceable and that must be protected and preserved; that such indiscriminate destruction or removal not only affects the aesthetic qualities of life within the Township, but also produces a marked impact upon the atmosphere, soil erosion and fertility of the soil, the deterioration of which conditions will adversely affect the health, safety and general welfare of the inhabitants of the Township, both now and in the future.
As used in this chapter, the following terms shall have the meanings indicated:
- Loose tops, branches and foliage of trees which have become detached from the tree as a result of logging, high wind, etc.
- A perennial woody living plant having one or more self-supporting trunks, such trunk having a diameter greater than three inches measured at a point three feet from ground level.
No person shall cut or remove any tree upon any lands within the Township, unless such cutting or removal is done in accordance with the requirements of this chapter or is exempt under this chapter.
The following situations regarding the cutting and removal of trees are exempt from the provisions of this chapter:
The cutting or removal of trees by the owner of the property or a member of his or her family for use as firewood, for their own use and not for resale.
The cutting or removal of any dead or diseased tree that is likely to endanger the public, the property in question or the adjacent property.
Any tree growing on property actually being used as a nursery, garden center, Christmas tree plantation or orchard.
Any tree growing on a public right-of-way as shown on an approved final subdivision map.
Any tree cut or removed for landscaping purposes on an already improved lot, or which is necessary for the construction of a building for which a building permit has been issued.
Required. No person, corporation or other business entity shall destroy, cut or remove any tree unless he or she shall have first obtained a permit for such cutting from the Township if such cutting or removal is not otherwise exempt from regulation under this chapter under the terms of the exemptions set forth in § 328-4, or if the timber or wood resulting from the cutting and removal is to be sold or used for commercial purposes.
Application requirements. Applicants for tree removal permits shall supply a forest management plan, which includes a detailed cutting plan prepared under the supervision of a state forester or other graduate forester active in the field of forest or land management. These plans shall include the following information:
Name, address and telephone number of applicant.
Type of ownership of land in question.
Proof of ownership of land in question.
Authorization of owner for application if the owner is not the applicant.
Proof of payment of current taxes on premises.
Block and lot numbers of premises, as shown on tax map.
Block and lot numbers of adjacent property, listing names and addresses of owners of record.
Certification by applicant that owners of adjacent properties have received notice of the application for tree removal permit no more than 30 days prior to submission of same.
Name and credentials of forester preparing cutting plan.
Statement of applicant indicating disposal techniques with respect to slash, waste and litter.
Property description, including land use, acreage of open, crop and woodland, general soil types and erodibility, range of percent of slope, timber quality and age, forest type, species, age, height, volume and reproduction.
Description of timber to be harvested.
Description of regeneration plans.
Description of intermediate management practices to be applied.
A description of the accessway proposed to be used for harvesting and a description of the areas to be used for processing, moving or loading of the timber.
A letter of comment or no comment from the New Jersey Bureau of Forest Management on the forestry management plan.
A financial surety, guaranteeing performance in accordance with this chapter. Such surety shall be in the amount of 10% of the anticipated commercial sale of the timber harvested or $300, whichever is greater.
The cutting and removal of trees shall be done in accordance with the following standards:
All activity shall be carried out in a manner so as to avoid damage to slopes, stream banks and beds, prevent erosion and prevent degradation of water quality.
Only those trees which have been selected for harvesting shall be cut. All trees shall be cut to the base. All practical steps shall be taken to minimize damage to trees not designated for cutting.
At the conclusion of any harvesting operation, the following shall be done:
All areas disturbed for access, processing, moving or loading of trees shall be regraded to approximate natural slopes.
If required by the Township, all accessways shall be closed and devices installed, such as poles, pilings or berms, that will preclude use of the accessway.
Bare ground areas shall be stabilized with vegetation where necessary.
All debris shall be removed.
All nonvegetative refuse shall be collected and removed.
All hanging trees shall be removed.
Harvesting and reforestation activities shall ensure the regeneration of the harvested forest.
However, the exemption from the fee requirement shall not exempt the applicant from filing the application, obtaining the permit and posting the surety.
No chain saws are to be used in the cutting and removal of trees, whether under a permit granted pursuant to this chapter or whether such activity is exempt from the permit requirements of this chapter, prior to 7:00 a.m. local time, Monday through Saturday, or 12:00 noon on Sundays, nor shall they be used after sunset.
The trees along the pavements or pathways of the streets in the Township whose branches extend over the pavement or pathways of such public streets shall be so trimmed as to remove all unnecessary obstructions to the passage of persons along such pavement or pathways, or vehicles along such streets, and if the Township Council shall deem the removal of any branches, or the entire tree or trees, advisable by reason of danger to the public, whether or not such tree or trees abut the pavement or pathways or are situated within and on the property of any person or persons, the owner of the property on which such tree or trees stand, or the owner of the property in front of which such tree or trees stand, shall remove and trim the branches thereof to remove the entire tree, as may be ordered by the Township Council, upon 10 days' written notice from the Township Clerk, mailed to such owner or owners.
If the branches of any tree or the entire tree or trees are not removed within 10 days after the service of such notice, the Township Council shall cause the same to be removed or destroyed, as may be deemed advisable, in accordance with the provisions of § 1-6 of this Code, and also be collected on a personal obligation of the property owner.
[Amended by Ord. No. 2002-8]
No person or entity shall plant or replant a tree within the land situate between a curb and sidewalk. In the event that there is an installed curb but no sidewalk, no tree shall be planted or replanted within 10 feet of the curbline.