[HISTORY: Adopted by the Borough Council
of the Borough of Hampton 11-17-2003 by Ord. No. 18-03.[1] Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
An individual recognized by the Department of Environmental
Protection, Division of Parks and Forestry, New Jersey Forest Service
as a New Jersey State-approved forester.
Any woody perennial plant, having a diameter greater than
18 inches, caliper size, measured from a point 4 1/2 feet above
ground.
Any action that results in the death or significant degradation
of the health or vigor of a tree, including but not limited to cutting,
girdling, excessive pruning, application or discharge of chemicals,
flooding or changes in natural soil moisture.
Those areas of Hampton identified as upland forests on the
Hunterdon County Planning Board map of woodlands (compiled and printed
2003).
A.
Tree removal that results in the loss of greater than
five trees of the total portion of a woodland or wooded lot 1/4 acre
or more in size in any period of time less than seven years will not
be permitted absent a woodland management plan prepared by a certified
forester and approved in accordance with this chapter. Thus, no person
shall cut or remove any tree upon any lands within the Borough of
Hampton, in the County of Hunterdon, unless the aforesaid accomplishes
a cause in accordance with the regulations and provisions of this
chapter.
B.
Exceptions:
(1)
Any tree located on a tract of land three acres or
less in size where slopes do not exceed 17% on which a single-family
dwelling has been erected. This chapter applies to all properties
where slopes exceed 17%, except for an exempt area of 100 feet in
all directions from an existing residence.
(2)
Any tree growing on property actually being used as
a nursery, garden center, Christmas tree plantation, or orchard.
(3)
Any tree growing on land actually being used for surface
mining or public utilities.
(4)
Any tree growing in a public right-of-way as shown
on an approved preliminary or final subdivision or site plan map,
official map or current tax map.
(5)
Any dead or diseased tree that is likely to endanger
the occupant, the public, or an adjoining property owner, or any tree
cut for use as firewood, posts, rails, or building materials, provided
it is for the personal use of the owner or occupant of the land on
which the tree was located before cutting and for use on that land
and not for resale or commercial purpose. Any tree growing on property
actively operated under farmland assessment which is removed for reasons
that advance agricultural purposes for that farm and not resold.
(6)
Any tree cut or removed in accordance with a woodland
management plan developed by the New Jersey Department of Environmental
Protection (NJDEP), New Jersey Forest Service, or other professional
forester, and filed with the enforcing officer(s) duly appointed by
the Borough of Hampton and the Borough of Hampton Tax Assessor. The
woodland management plan shall be approved by the New Jersey Forest
Service when required to qualify the property for farmland assessment
values.
A.
In accordance with § 238-2, any person, partnership, or corporation desiring to destroy, cut or remove any such tree shall apply to the Zoning Officer of the Borough of Hampton for a permit to remove such trees. The applicant shall identify the land upon which the tree or trees are located and shall disclose the name and address of the owner, tenant, or duly authorized agent of said owner or tenant, and shall identify and place the location of said tree or trees sought to be cut, removed or destroyed. The applicant shall place a one-inch-wide red ribbon to be provided by the Borough around the trunk of each tree to be removed at a height of 4 1/2 feet above the ground so that the proposed tree removal may be inspected in the field. This shall apply to all subdivisions, site plans and any lot of record.
B.
If the applicant discloses that no more than five
trees in excess of the size referred to aforesaid in this chapter
are to be removed or destroyed from the lot or tract of land identified
in said application, then and in that event, said Zoning Officer may
issue a permit for the removal of said tree or trees.
C.
In the event said applicant, together with any previous
applicant or application, indicates that more than five trees of the
size herein before referred to are to be cut, removed or destroyed
from said land, the Zoning Officer shall review the site to determine
whether the cutting, removal or destruction of said trees shall impair
the drainage conditions, create soil erosion, increase the dust, or
cause the deterioration of the property value and shall further determine
the overall effects of the physical and aesthetic values of the land.
In the event that the Zoning Officer is unable to determine if the
removal of such trees would be detrimental to the property in question,
the Zoning Officer may require that the applicant provide a certification
by a professional forester that the cutting, removal or destruction
of said trees shall not impair the drainage conditions, create soil
erosion, increase the dust, or cause the deterioration of the physical
and aesthetic values of the land. The cost of this determination shall
be borne totally by the applicant.
A.
As a basis for determining permitted tree removal, the Zoning Officer shall give due consideration to the following, in addition to the consideration under § 238-3:
(1)
Clearance of trees for proposed road or driveway right-of-way
shall be approved by the Zoning Officer only for the paved or stoned
portion of such rights-of-way plus a fifteen-foot width on each side
only for alignments on plans as approved by the Planning Board or
Township Engineer.[1]
(2)
Clearance of trees for construction of a residence
or other primary and accessory building plus a twenty-five-foot wide
area surrounding such buildings shall be approved by the Zoning Officer
only upon receipt of preliminary or final subdivision or site plan
application as approved in writing by the Planning Board.[2]
(3)
Clearance of trees for proposed off-street parking
facilities or outdoor storage areas shall be approved by the Zoning
Officer only for cleared locations as indicated on site plans approved
by the Planning Board.[3]
(4)
Clearance of trees for construction of septic tanks,
cesspools, leaching fields, sewer plants and the like shall be approved
by the Zoning Officer only after receipt of a site plan as approved
by the Health Officer or Municipal Board of Health or Township Engineer.
(5)
All permits granted for removal of trees shall be
issued with due consideration to the intent and purpose of this chapter.
Properties which are subject to a permit shall be managed and restored
in accordance with the New Jersey Forestry and Wetlands Best Management
Practices Manual.
B.
Where permitted.
(1)
Generally, the removal of trees shall be permitted
where the cut-and-fill operations as part of site grading are in excess
of one foot elevation on all sides of a tree or trees in question
and cause tree damage that cannot be mitigated by walled-wells (below
grade) or retaining walls (above grade) or other engineering structures.
(2)
Where, in the opinion of a professional forester or
engineer, the change in the existing drainage pattern will result
in the general destruction of trees.
C.
Where prohibited or subject to special consideration:
(1)
Where the purpose of tree removal is to provide better
visibility to expose vacant land, signs and billboards, such removal
shall be prohibited.
(2)
Where the existing trees form part of a planning greenbelt
in any buffer zone, wetlands area, or transition area, such removal
shall be prohibited.
(3)
Where trees are considered to be special by virtue
of history, unusual size or the like, such removal shall be prohibited.
(4)
The removal of trees near utility substations, transmission
towers, warehouses, junkyards, landfill operations and other similar
uses or structures shall be prohibited except where in conflict with
public safety requirements. In the vicinity of such uses or structures,
in the absence of existing trees or forest cover, provisions shall
be made for screen planting preferably using evergreen species.
The Zoning Officer, after reviewing the site
and the certification of a professional forester, if required, shall
determine whether the applicant shall be granted a permit and shall
issue a tree removal permit or denial in writing within 10 business
days of the date of such application. The Zoning Officer shall from
time to time designate another officer for a particular application
who shall be the Construction Code Official or the Borough Engineer
of the Borough of Hampton. That designated official shall have the
same duties and responsibilities as the Zoning Officer pertaining
to that application.
A.
The applicant at the time of filing said application
shall deposit with the Zoning Officer a fee for the permit according
to the following schedule:
|
Number of Trees
|
Fee
| |
|---|---|---|
|
5 to 15
|
$50
| |
|
16 to 31
|
$100
| |
|
32 to 50
|
$150
| |
|
51 to 75
|
$200
| |
|
76 to 100
|
$250
| |
|
Over 100
|
$300
|
B.
If said determination of the applicant's request is
unfavorable, the Zoning Officer shall promptly notify the applicant
in writing with respect thereto and shall not issue said permit.
A.
Tree protection measures and the limit of disturbance
line shown on a landscape plan shall be provided in the field with
snow fencing or other durable material and verified by the Borough
Engineer 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 last until construction is
complete.
C.
Chain link fence may be required for tree protection
if warranted by site conditions or variety of the plant.
D.
Snow fencing used for tree protection shall be firmly
secured along the dripline but 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. In no event shall welling or
retaining wall methods be less than six feet from the trunk of a tree.
F.
No soil stockpiling or 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 as shown on the approved plan 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.
When it is necessary for curbing or utility line installation
within the dripline or within six feet of a remaining tree, damage
to roots shall be kept to a minimum necessary for proper installation
of the line.
Any person who violates any provision of this
chapter shall, upon conviction thereof, be liable to a penalty not
exceeding $2,000, imprisonment for a period not exceeding 90 days
and/or a period of community service not exceeding 90 days for each
violation. Each day that said violation continues shall be deemed
a separate and distinct violation.
The applicant shall have the right to appeal
the aforesaid decision to the Planning Board of the Borough of Hampton
within 15 days of receipt of the Zoning Officer's decision. Said appeal
shall be by written notice to the applicant within 30 days after the
filing of said notice of appeal. The Planning Board may in its discretion
and upon complete review of the application, and after hearing the
testimony of the Zoning Officer and the applicant, reverse, modify
or affirm the aforesaid decision.
