The purpose of this chapter is to protect and
preserve the forests and soils of Jefferson Township from indiscriminate
destruction, disturbance and/or removal. This chapter is intended
to maintain the aesthetic and environmental benefits provided by trees
and stable soils and to prevent erosion and sedimentation which can
have severe negative effects on the environment in general. The protection
of streams and lakes from the damage caused by sediment and avoidance
of impaired water quality are major goals of this chapter. This chapter
also provides a means to mitigate the adverse effects of tree loss
as a result of development projects.
As used in this chapter, the following terms
shall have the meanings indicated:
APPROVED FORESTER
Any person who has met the qualifying conditions of education
and experience set forth by NJDEP Bureau of Forestry, and whose name
appears on their annual approved forester's list.
CUTTING AREA
The area in which trees have been designated for cutting,
obtained by traversing the outer periphery of those trees and taking
into consideration the delineation of the natural boundaries located
within the property.
DISTURBANCE
To dig, move, deposit, fill, grade, replace, level or otherwise
alter or change the location or contour of the land or transport or
supply soil; to cut, remove or otherwise destroy existing trees or
forested areas.
DISTURBANCE AREA
Any area of land which has been disturbed in accordance with
the definitions herein or is contemplated to be disturbed.
FOREST MANAGEMENT
The application of business methods, techniques and technical
forest principles applied to the management of a forested property.
FOREST MANAGEMENT PLAN
A specific document that describes the need for forest planning
on timbered land proposed for management, prepared by a forester approved
by the NJDEP Bureau of Forest Management. Said plan must be reviewed
and approved by NJDEP Bureau of Forest Management.
HARVESTING PLAN
A plan prepared by an approved forester describing the area
to be harvested, its existing forested condition, the numbers, sizes,
species, and volumes to be harvested, a description of equipment and
methods to be used during the actual removal of the timber, conservation
and soil erosion control methods to be used during the operation,
a plat map showing the location of all landing areas, skid trails
and logging roads and the boundaries of the proposed harvest/cutting
area.
LOT
Any parcel of land located within the boundaries of Jefferson
Township, either improved or unimproved, which shall be designated
as a lot on the Official Tax Map of the Township of Jefferson and
any amendments thereto. All contiguous properties in the same ownership
shall be considered as one lot for purposes of this chapter.
NURSERY or ORCHARD
Lands which are used for horticultural purposes under a controlled
agricultural plan whereby trees are grown from seedlings or planted
saplings with their roots maintained in their natural state (not balled
or otherwise packaged for sale).
OCCUPANT
A person having actual possession of any premises or any
part thereof.
OWNER
A person or entity who or which, alone or jointly with others,
has legal or equitable title to premises with or without accompanying
actual possession, including an executor, administrator, trustee or
guardian of an estate or a mortgagee in possession.
PERMIT
A license issued by the Township Forester or the Township
Engineer (or other designated official) of the Township of Jefferson
to disturb land under the provisions herein.
PERSON
Includes corporations, companies, associations, societies,
firms, partnerships and joint-stock companies, as well as individuals.
REPLACEMENT TREE
A tree of a species approved by the Township Forester having
a diameter of at least 2 1/2 inches measured 4 1/2 feet
above the ground.
RESTORED
The reestablishment of vegetative cover or other surface
treatment as necessary to prevent erosion and as approved by the Township
Engineer or Forester.
SOIL
Earth, sand, clay, loam, gravel, humus, rock or dirt, without
regard to the presence or absence or organic matter.
SPECIMEN TREE
A tree of any species having a diameter of 18 inches or larger,
measured 4 1/2 feet above the ground.
TOWNSHIP FORESTER
A person professionally qualified and appointed by the Mayor
with the advice and consent of the Council to supervise the conservation
of trees and soil within the Township, and to administer the provisions
of this chapter, which position is hereby created. The Township Forester
shall be appointed annually, and his term shall expire by January
15 of each year if his successor has been appointed. In the event
that his successor has not been appointed by January 15, his term
shall expire on the appointment of his successor.
TREE
Any living, woody, perennial plant having a diameter of four
inches or greater measured 4 1/2 feet above ground.
No person shall disturb or remove soil and/or remove trees from any lot within the Township without first having obtained a permit, or unless excepted under §
273-3. Any person violating this section shall be subject to the penalty provisions hereinafter set forth. In the event that disturbance does occur without a permit being issued or if the same do not fall under the exemptions in §
273-3 above, it shall be presumed that the owner or owners of the property had knowledge of the disturbance, and said owner or owners shall be responsible for the violations of this chapter in conjunction and together with the persons who actually created or directed the disturbance.
An application shall be submitted on forms provided
by the Division of Construction and Housing Inspection. The following
information shall be provided on said form:
A. Owner's name, mailing address and phone number.
D. Area of proposed disturbance in square feet or acres.
E. Volume of proposed disturbance in cubic yards.
F. Volume of proposed soil removal in cubic yards.
G. Number of trees to be removed.
H. Number of specimen trees to be removed.
I. Proposed period of soil disturbance or tree removal.
J. Purpose of soil disturbance or tree removal.
K. Contractor responsible for work, if any.
L. Applicant's engineer, if any.
M. Other information as may be required for the administration
of this chapter.
N. Volume of timber in board feet or cords for application
involving the harvesting of trees for commercial or personal use.
O. Date that lot received preliminary subdivision approval.
P. Inventory of trees.
(1) For lots receiving preliminary subdivision and site
plan approval after the adoption of this chapter, an inventory of
trees proposed to be removed segregated into the following size categories:
(a)
Four inches but not more than eight inches.
(b)
Eight inches but not more than 15 inches.
(c)
Fifteen inches but not more than 20 inches.
(d)
Twenty inches but not more than 24 inches.
(e)
Twenty-four inches or greater.
(2) Trees with multiple trunks shall be based on the largest
trunk.
Q. Certification
from the soil/fill supplier that the soil/fill being imported does
not contain any contaminants exceeding the current requirements of
Non-Residential and Residential Direct Contact Soil Remediation Standards
pursuant to N.J.A.C. 7:26D, Remediation Standards.
[Added 7-7-2021 by Ord. No. 21-16]
Each application shall be submitted with a plan
drawn to a scale of not greater than 30 feet equals one inch and shall
be prepared in sufficient detail to show the following:
A. The existing surface drainage pattern as it affects
the subject property and all abutting properties, including streams,
lakes and wetlands.
B. Any proposed changes in the existing surface drainage
pattern which will result from the proposed soil disturbance on the
subject property, including any proposed changes on abutting properties.
C. The elevation of the street at each limit of the subject
property frontage.
D. The elevations of the finished garage floor and first
floor of the dwelling proposed for the subject property.
E. The proposed location of all roof leader drains.
F. The location of any existing or proposed storm sewer
system.
G. The outer limits of all areas in which soil disturbance
or tree removal is proposed.
H. Wooded areas are to be indicated, and all specimen
trees and all other trees to be saved within the disturbance area
shall be mapped with size and species. Trees to be saved within the
disturbance area shall be indicated. Location of replacement trees
shall be noted.
I. Details for the protection of specimen trees within
the disturbed area; for delineation and protection of area not to
be disturbed; and for soil erosion control.
J. Details for proposed retaining walls by a licensed
professional engineer, if over four feet high.
K. For lots which receive preliminary minor or major subdivision or site plan approval after the adoption of this chapter, the mapping requirement of Subsection
H above shall include all trees over four inches in diameter within the disturbance area and for a distance of 10 feet outside the disturbance area.
[Amended 12-18-2019 by Ord. No. 19-28]
The applicant shall submit two copies of the
application form and plan to the Division of Construction and Housing
Inspection for all applications involving a building permit or to
the Land Use Board Secretary for applications not associated with
work requiring a building permit. The Division of Construction and
Housing Inspection or Land Use Board Secretary will collect fees and
distribute copies to the Township Engineer and Township Forester.
Approval of the application and issuance of a permit under this chapter
may be conditioned on specified conditions and/or revisions to the
application or plan established by the Township Engineer or Forester.
Applications shall be approved or denied within 45 days. Any applicant
who is dissatisfied with the conditions of approval or denial of the
application may appeal the decision to the Township Council. Applications
appealed to the Township Council shall be acted upon in accordance
with the schedule established by the Township Council. The Township
Council may request recommendations from the Land Use Board and/or
Environmental Commission prior to taking action on any application.
The applicant is required to present the appeal to the Township Council,
provide additional copies of the application and pay fees and escrow
as established by the Township Council.
The Township Engineer and Township Forester
shall not approve the plan if, in the opinion of such officials, the
plan:
A. Causes adverse drainage conditions and/or the inundation
of real property and/or buildings on other premises.
B. Constitutes an undue burden upon the drainage system
of the Township or hampers the proper, present or future course of
development of the Township drainage system.
C. Presently constitutes or in the reasonable foreseeable
future will constitute a danger or hazard to the well-being, safety
or general welfare of the residents of the municipality or any property
located therein.
D. The area of tree removal and/or soil disturbance exceeds
the area allowed by the maximum lot improvement disturbance as defined
in the Township Zoning Ordinance.
E. More than 10 specimen trees are proposed to be removed.
F. More than 500 cubic yards of soil is proposed to be removed from a lot unless exempt pursuant to §
273-3.
G. Soil disturbance or tree removal is proposed within
25 feet of a stream or lake.
H. Soil disturbance or tree removal is proposed in a
wetland, wetland transition area, as defined by DEP regulations, or
conservation easement.
[Amended 7-14-2004 by Ord. No. 23-04]
Any applicant who is denied a permit or is dissatisfied
with the conditions of approval for a permit may appeal said decisions
to the Township Council within 45 days of the action taken by the
Township Forester and/or Township Engineer. The appeal shall be accomplished
by filing a written notice with the Township Clerk on a form as provided
by the Township Clerk. No additional fees shall be required than the
fees which were submitted with the original application. The Township
Clerk shall notify the applicant of a date for the hearing. No later
than 10 days prior to the hearing date, the applicant shall cause
to be provided notice to all property owners within 200 feet of the
boundary lines of the lot or lots from which the soil disturbance
is proposed. The applicant shall obtain a list of property owners
within 200 feet from the person or department in the Township which
provides that notice pursuant to the Land Use Procedure Ordinances
of the Township. The notice minimally shall include the lots and blocks
of the property sought to be disturbed, the amount of soil to be removed,
if it involves soil removal, the area of soil disturbance and the
number of specimen trees sought to be removed if any are to be removed.
The application shall further indicate that plans are available for
review in the Township offices. If the application is to seek any
soil removal over any public roadways within the Township, the notice
shall so indicate the same and the public roadways sought to be used.
[Amended 7-7-2021 by Ord. No. 21-16]
A. Applications which include soil disturbance in excess
of 100 cubic yards shall provide the following additional information:
(1) The kind and quantity, in cubic yards, of soil to
be disturbed and the projected daily movement in cubic yards.
(2) The destination of soil to be moved, the route over
which the material will be transported and the hours of operation.
(3) The proposed date of commencement and completion of
the soil disturbance.
(4) The name, address and telephone number of the person
having direct charge over the soil disturbance operation.
B. The plan submitted shall show the following additional
information:
(1) Existing and proposed topography with two-foot contour
interval.
(2) Slope stabilization details.
(3) Retaining wall construction details.
[Amended 7-14-2004 by Ord. No. 23-04]
The Township Engineer and/or Forester may waive requirements contained in §
273-5,
273-6 or
273-13 if determined to be unnecessary for the review of the application.
The following measures shall be taken to protect
trees to remain in conjunction with all development projects:
A. Tree protection measures and the limit of disturbance
line shown on the landscape plan shall be provided in the field with
snow fencing or other durable material and verified by the Township
Forester or other designated official prior to soil disturbance.
B. Protective barriers shall not be supported by the
plants they are protecting, but shall be self-supporting. Barriers
shall be a minimum of four feet high and shall last until construction
is complete.
C. Chain link fence may be required for tree protection
if warranted by site conditions and relative rarity of the plant.
D. Snow fencing used for tree protection shall be firmly
secured along the dripline, but shall be no less than six feet from
the trunk.
E. The grade of the land located within the dripline
shall not be raised or lowered more than six inches unless compensated
by welling or retaining wall methods; and in no event shall welling
or retaining wall methods be less than six feet from the trunk of
a tree.
F. No soil stockpiling, storage of building materials,
construction equipment or vehicles shall be permitted within the dripline
or within six feet of any remaining trees, whichever is greater.
G. Any clearing within the dripline or within six feet
of the trunk of a remaining tree, whichever is greater, shall be done
by hand-operated equipment.
H. Where a tree that has been noted for preservation is severely damaged and unable to survive, tree replacement shall occur as provided in §
273-11.
I. The Township Forester shall attend all preconstruction
meetings for development projects that involve the protection and/or
removal of trees.
This chapter shall be enforced by the Code Enforcement
Officer, Township Forester or other designated officials of the Township
of Jefferson.
[Amended 7-7-2021 by Ord. No. 21-16]
A. Upon the filing of any application, there shall be
a permit fee paid in the amount of $200 which shall be considered
a fee for the administrative costs of review of any application for
any area to be disturbed of 2,500 square feet or less, and for each
area to be disturbed in excess of 2,500 square feet, the fee shall
be the sum of $50 for each additional area of 2,500 square feet or
less of disturbance.
B. In addition to the fees established above, an additional
fee of $0.50 per cubic yard shall be charged for soil disturbance
in excess of 50 cubic yards.