[HISTORY: Adopted by the Township Council of the Township of Delran
as Ch. XVIII of the 1993 Revised General Ordinances. Amendments noted where
applicable.]
GENERAL REFERENCES
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:
A.
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.
B.
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.
C.
Any tree growing on property actually being used as a
nursery, garden center, Christmas tree plantation or orchard.
D.
Any tree growing on a public right-of-way as shown on
an approved final subdivision map.
E.
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.
A.
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.
B.
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:
(1)
Name, address and telephone number of applicant.
(2)
Type of ownership of land in question.
(3)
Proof of ownership of land in question.
(4)
Authorization of owner for application if the owner is
not the applicant.
(5)
Proof of payment of current taxes on premises.
(6)
Block and lot numbers of premises, as shown on tax map.
(7)
Block and lot numbers of adjacent property, listing names
and addresses of owners of record.
(8)
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.
(9)
Name and credentials of forester preparing cutting plan.
(10)
Statement of applicant indicating disposal techniques
with respect to slash, waste and litter.
(11)
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.
(12)
Description of timber to be harvested.
(13)
Description of regeneration plans.
(14)
Description of intermediate management practices to be
applied.
(15)
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.
(16)
A letter of comment or no comment from the New Jersey
Bureau of Forest Management on the forestry management plan.
(17)
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:
A.
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.
B.
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.
C.
At the conclusion of any harvesting operation, the following
shall be done:
(1)
All areas disturbed for access, processing, moving or
loading of trees shall be regraded to approximate natural slopes.
(2)
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.
(3)
Bare ground areas shall be stabilized with vegetation
where necessary.
(4)
All debris shall be removed.
(5)
All nonvegetative refuse shall be collected and removed.
(6)
All hanging trees shall be removed.
D.
Harvesting and reforestation activities shall ensure
the regeneration of the harvested forest.
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.
A.
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.
B.
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.
