[Added 5-16-2001 by Ord. No. 11-01]
A.
Findings and purposes.
(1)
The Township Committee does hereby find that
the indiscriminate, uncontrolled and excessive destruction, removal
and cutting of trees upon lots and tracts of land within the Township
results in increased costs and difficulty in controlling stormwater
runoff and flooding potential, increased soil erosion, decreased fertility
of soil and increased dust, and a loss of privacy. It is the purpose
of this article to mitigate the degradation of Harding Township's
natural resources, to maintain the Township's rural landscape, to
promote surface water retention, proper drainage and stormwater quality,
and the protection of exposed soil surfaces, by regulating the removal
of certain mature trees. The standards and procedures established
herein are intended to furnish guidelines for the Tree Conservation
Officer, Township Engineer, Shade Tree Advisory Committee, Planning
Board and Board of Adjustment in connection with the issuance of permits
for certain tree cutting and removal, subject to the exemptions listed
below, and in evaluating tree removal and landscape plans as part
of the subdivision and site plan approval process, in order to promote
the safety, public health, convenience and general welfare of the
Township.
(2)
It is the intent of this article to protect
the rural character and natural resources of the Township, consistent
with the goals and objectives of the Master Plan. This article is
not intended to restrict homeowners from removing dead or diseased
trees or vegetation, conducting routine pruning of trees or other
maintenance procedures in areas of overgrown vegetation. Landowners
are encouraged to seek guidance from the Shade Tree Advisory Committee
prior to removing large specimen trees or other historic vegetation.
B.
Applicability and exemptions.
(1)
Applicability. Subject to the exemptions listed in Subsection B(2) below, the provisions of this article shall be applied as follows:
(a)
Vacant undeveloped land. No tree shall be cut
down or removed from vacant undeveloped land without first obtaining
a permit from the Tree Conservation Officer. When tree cutting or
removal is proposed on a lot or tract of land for which a subdivision
or site plan application has been approved, the permit shall only
be issued in conformance with the approved plan.
(b)
Developed land; nonresidential. No tree shall
be cut down or removed from land developed for nonresidential purposes
without first obtaining a permit from the Tree Conservation Officer.
When tree cutting or removal is proposed on a lot or tract of land
for which a site plan application or amended site plan application
has been approved, the permit shall only be issued in conformance
with the approved plan.
(c)
Previously developed land; residential or nonresidential property. Any residential or nonresidential land that has an existing structure and where an application for demolition for complete removal of any existing residential structure has been filed with the Township, such property shall be treated as vacant undeveloped land pursuant to Subparagraph B(1)(a) herein and the provisions of Subsection B(1)(a) shall apply to such properties.
[Added 12-12-2016 by Ord.
No. 08-16[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
B(1)(c) as Subsection B(1)(d).
(d)
Creation of a tree conservation area. In accordance with the zoning provisions governing the R-1, RR, R-2, R-3 and R-4 Zones (see Part 3, Zoning), there shall be a tree conservation area required along all perimeter property lines of any lot within the R-1, RR, R-2, R-3 and R-4 Zones, within which no tree measuring six inches or greater in diameter at a point 4 1/2 feet above the ground shall be cut down or removed without first obtaining a permit therefor in accordance with the standards and procedures of this article. The width of the tree conservation area in each zone shall be as follows:
[Amended 5-16-2001 by Ord. No. 11-01; 4-3-2002 by Ord. No.
4-02; 11-3-2004 by Ord. No. 22-04; 12-12-2016 by Ord. No. 08-16]
[2]
In the R-2, R-3 and R-4 Zones, the tree conservation
area shall comprise the area along all perimeter property lines for
a distance equal to 1/2 of the minimum required building setback (front,
side and rear yards), but not less than four feet. See Part 3, Zoning,
for specified distances for each zone.
(2)
Exemptions. The cutting and removal of trees
shall be permitted without first obtaining a permit therefor in connection
with:
(a)
The clearing of woodlands on a commercial farm
which meets the criteria of N.J.S.A. 4:1C-9.
[Amended 7-18-2001 by Ord. No. 15-01]
(b)
Trees located on land owned by the federal,
state or county government or agencies/departments thereof; the provisions
of this article shall apply to lands owned by the Township of Harding
and the Harding Township Board of Education.
(c)
Trees required to be cut down or removed in connection with
the installation or maintenance of public utility lines or facilities,
approved private waste disposal systems or private wells provided
that such installation has been approved by the Harding Township Board
of Health and/or the Township Engineer, as appropriate.
[Amended 3-11-2013 by Ord. No. 02-13; 12-12-2016 by Ord. No. 08-16]
(d)
Trees required to be cut down or removed to
provide access to property in accordance with an approved driveway
permit, subdivision plat or site plan.
[Amended 3-11-2013 by Ord. No. 02-13]
(e)
Trees located in commercial orchards or nurseries.
(f)
The emergency removal of trees that are diseased, severely damaged
or that pose an immediate hazard to person or property provided that
a tree removal application is filed within five business days of the
actual tree removal.
[Amended 12-12-2016 by Ord. No. 08-16]
(g)
The removal, by the owner or tenant of lands lying within the
Township of Harding, of dead, dying or structurally unsound trees
or tree conditions which are likely to endanger the lives and/or property
of persons using public streets or property of the Township of Harding,
within 30 days after receipt of written notice from the Tree Conservation
Officer and/or Zoning Officer, to remove same.
[Added 12-12-2016 by Ord.
No. 08-16]
C.
Permit procedures and appeal process. Whenever a permit is required in connection with tree removal pursuant to Subsection B(1) above, said permit shall be obtained from the Tree Conservation Officer in accordance with the procedures set forth below and the requirements and standards of this article. Any person aggrieved by a decision of the Tree Conservation Officer may appeal his decision to or may request a variance from the Board of Adjustment pursuant to N.J.S.A. 40:55D-70a or 70c, respectively, except in the case of a variance request in conjunction with a subdivision or site plan under the jurisdiction of the Planning Board, whereupon the Planning Board shall hear and decide said variance request pursuant to N.J.S.A. 40:55D-60.
[Amended 12-12-2016 by Ord. No. 08-16]
(1)
Any person desiring to cut down or remove any tree or trees which are subject to the provisions of this article shall file application therefor with the Tree Conservation Officer on a form to be provided for said purpose and shall pay the application fee and escrow (if required) set forth in Chapter 171, Fees. Said application shall identify the lot or tract of land upon which the tree or trees are located, disclose the name and address of the owner, tenant or duly authorized agent of said owner or tenant and set forth with sufficient specificity for purposes of identification the location of the tree or trees sought to be cut down or removed and the reasons for the request.
(2)
The filing of an application shall constitute
the applicant's consent to the Tree Conservation Officer, the Township
Engineer and the Shade Tree Advisory Committee for entry upon the
land for purposes of inspection. The Tree Conservation Officer or,
at his request, the Township Engineer and/or the Shade Tree Advisory
Committee, shall inspect the site as to the tree or trees sought to
be cut down or removed, the drainage and other physical conditions
existing on the property and adjoining properties.
(3)
Within three days after an application and the
application fee (if required) have been received by the Tree Conservation
Officer, he shall mail a copy of the application to the Shade Tree
Advisory Committee for the review and advice of said Committee. If
the Tree Conservation Officer has not received the written comments
of said Committee within 15 days after the filing of the application,
he shall proceed to make his decision on the application without the
advice of said Committee.
(4)
The Tree Conservation Officer may, in his discretion,
forward the application to the Township Engineer for his review and
recommendations in accordance with the standards of this article.
(5)
Except as otherwise provided in Subsection C(6) below, within 15 days of the filing of an application, the Tree Conservation Officer shall endorse his decision upon the application and, in the case of partial or complete disapproval, shall set forth the basis for such decision. Any application approved, in whole or in part, shall automatically become a permit in accordance with the terms of said endorsement. Any permit not acted upon within one year from the date of such approval shall automatically expire.
(6)
Upon the filing of any application for the cutting
or removal of trees located on any lot or tract for which an application
for subdivision or site plan review is required to be submitted to
the Planning Board or Board of Adjustment, the applicant shall furnish
the Tree Conservation Officer with a copy of the subdivision plat
or site plan therefor, and the Tree Conservation Officer may withhold
his endorsement pending receipt of written notice of the Board's action
with respect to such subdivision or site plan application. Within
five days of the receipt of notice of the Board's decision on said
subdivision or site plan, the Tree Conservation Officer shall act
upon the application as provided above. The permit shall only be issued
in accordance with the approved subdivision or site plan.
D.
Standards for permit issuance. To the greatest extent
practicable, large trees, tree rows and hedgerows should be preserved.
In addition, the following factors shall be taken into consideration
in determining whether to issue a permit for tree cutting or removal:
(1)
Whether the area where such tree or trees are
located will be occupied by a building or structure, a driveway or
recreation area, a roadway, an equestrian (bridle) trail, a drainage
right-of-way, sewer line, septic system or well, or whether it is
reasonably necessary to regrade the area in relation to any of the
foregoing, and further provided that such regraded areas shall be
restored and landscaped with suitable ground cover, shrubbery and/or
trees after construction.
(2)
Whether the area where such tree or trees are
to be cut down or removed is consistent with the approval of any required
subdivision or site plan by the Planning Board or Board of Adjustment
and any conditions pertaining thereto.
(3)
Whether the cutting or removal would change
existing drainage patterns.
(4)
Whether the cutting or removal would allow soil
erosion or increase dust.
(5)
Whether the cutting or removal would constitute
a significant change in the screening between existing or proposed
buildings on adjoining lots.
(6)
Whether the cutting or removal would constitute
a horticulturally advantageous thinning of an existing overgrown area,
taking into consideration the tree species, size and health of the
trees to be removed.
(7)
Whether the cutting or removal would impair
the growth and development of the remaining trees on the applicant's
property or adjacent property.
(8)
Whether the area where such tree or trees are
located has a depression or fill of land which is deemed injurious
to such tree or trees or other trees located nearby.
(9)
Whether the presence of such tree or trees is
likely to cause hardship or will endanger the public or the owner
of the property on which the tree or trees are located or an adjoining
property owner or for some other adequate reason within the intent
of this article.
(10)
Any planned tree replacement or other landscape
plan for revegetating cleared areas.
E.
Display of permit; right of entry.
[Added 12-12-2016 by Ord.
No. 08-16]
(1)
The applicant shall prominently display on the site the tree
removal permit issued. Such permit shall be displayed continuously
while trees are being removed or replaced or work done as authorized
on the permit and for 10 days thereafter.
(2)
As a condition for the issuance of the permit, the applicant
shall agree in writing to the entry onto his/her premises by the Tree
Conservation Officer, or at his request, the Township Engineer and/or
the Shade Tree Advisory Committee Chair of the Township as necessary
to effectuate the provisions of this chapter, and such entries shall
be deemed lawful. Failure to allow such entry shall be unlawful and
shall constitute a violation of this chapter and shall constitute
failure to display the permit as required herein.
