[HISTORY: Adopted by the Township Committee
of the Township of Montville as indicated in article histories. Amendments
noted where applicable.]
[Adopted by Ord. No. 1308 as Ch. 12.32 of the 1998 Code]
As used in this article, the following terms
shall have the meanings indicated:
Every person, firm, association, partnership, corporation
and individual.
Shade and ornamental trees and shrubbery now located or which
may hereafter be planted in any public highway, park or parkway in
the Township, except those located or planted on county highways,
parks and parkways and state highways.
All streets, roads, roadways, public highways, parks or parkways,
public alleys and public places of the Township, except county parks,
parkways and highways and state highways.
The Township Committee of the Township of Montville and its
duly authorized representatives.
A.
No person, firm or corporation, or individual connected
with such firm or corporation, shall do or cause to be done by others
to any tree, shrub or plant on a public highway or place, either purposely,
carelessly or negligently, without the permission of the Township
Committee any of the following acts:
B.
Nothing herein shall prevent any governmental agency
from tying a public notice upon a tree in connection with administering
governmental affairs.
A.
No person or corporation shall, without the permission
of the Township Committee, place or maintain or cause to be placed
or maintained upon the ground in any public highway or place any stone,
cement or other sidewalks, or any stone, cement or other substance,
which shall impede the free access of air and water to the roots of
any tree or shrub in any public highway or place.
B.
An open space of not less than two feet outside the
trunks of trees at their bases on all sides must be maintained for
all trees on public highways except where limited by curb and/or sidewalk.
A.
No person shall place salt, brine, oil or other substance
injurious to plant growth in any public highway or place in such a
manner as to injure any tree or shrub growing thereon.
B.
No person shall build any fire or station any tar
kettle, road roller or other engine in any public highway in such
a manner that the heat vapors or fumes therefrom may injure any tree
or shrub growing thereon.
No person, firm or corporation is permitted
to lay any sidewalk or to open, construct, curb or pave any street
or do any like act so as to interfere with or do injury to any highway
shade tree without the consent of the Township Committee.
A.
In the erecting, altering or repairing of any building
or structure, the owner or contractor thereof shall place such guards
around all nearby trees in public highways or places as will effectually
prevent injury to such trees.
B.
No person, firm or corporation shall do any excavating
within two feet of any tree or shrub without the permission of the
Township Committee.
C.
Shovels and all other implements, machines and tools
shall be used or operated in such a manner as not to damage or destroy
any tree, shrub or plant in any public highway or place.
D.
Where in the case of authorized excavations it becomes
necessary to expose or cut roots more than one inch in diameter, it
shall be the duty of the contractor to protect such roots under advice
from the Township Committee.
A.
No person, firm or corporation shall, without permission
of the Township Committee, attach or fasten any wire, insulator or
other device for holding any wire to any tree or shrub in any public
highway or place.
B.
Any utility company or its agents may, with prior
permission from the Township Committee, prune and remove trees for
line clearance of utility wires.
Where the permission, consent or approval of
the Township Committee is required by the provisions of this article,
any person, firm or corporation required to obtain such permission,
consent or approval shall first make application therefor to the Township
Committee, Montville Township, County of Morris.
[Amended 2-28-2006 by Ord. No. 2006-09]
[Adopted by Ord. No. 2004-66 (Ch. 12.36 of the 1998 Code)]
The purpose of this article is to control and
regulate the indiscriminate or excessive removal of trees on public
or conserved property, and the clearing and destruction of wooded
areas and to control, regulate and prevent conditions which cause
an increase in stormwater runoff, sedimentation, soil erosion, loss
of wildlife habitat, air or noise pollution or inhibit aquifer recharge
or impair the ambiance or physical appearance of a neighborhood.
For the purpose of this article, unless from
the context a different meaning clearly appears, the following terms
shall have the meanings indicated:
An area of any principal or accessory building that includes
the portions of a private residential lot reserved for the actual
building footprint, septic field plus an additional 30 feet beyond
the perimeter of the building footprint and additional area (other
than in connection with a driveway) which is within a setback or yard
required by the zoning regulations of the Township.[1]
The diameter of a tree measured at a point 4 1/2 feet
above the surface of the natural grade.
The individual appointed by the Township Administrator of
the Township of Montville.
Areas of wetlands, floodways, areas within the one-hundred-year
floodplain (but outside the floodway), and slopes exceeding 15%.
A retail business of which the principal sales are garden
and landscaping related products.
Any tree which is determined by the Township to be of unique
and intrinsic value to the general public because of its size, age,
historic association or ecological value. The Township shall keep
a record of all heritage trees so designated and their location, and
the property owner will be notified accordingly.
Consists of the following:
A private protected tree, which means any tree
with a DBH (diameter at breast height) of six inches or more located
on any lot within 20 feet of a road right-of-way (including an approved
private street/common driveway or other access easement) or a tree
with a DBH of eight inches or more located within 10 feet of any other
lot line (not along a road right-of-way) or a tree with a DBH of 12
inches or more located elsewhere on the lot.
A public protected tree, which means any tree
located on lands owned by the Township or any land upon which easements
are imposed for the benefit of the Township or upon which other ownership
control may be exerted by the Township, including rights-of-way, parks,
public areas and easements for drainage, sewer, water and other public
utilities, with:
A DBH of six inches or more located within a
Township right-of-way;
A DBH of six inches or more and located on any
lot within 20 feet of a road right-of-way;
A DBH of eight inches or more located on any
lot within 10 feet of any other lot line (not along a road right-of-way);
or
A DBH of 12 inches or more located elsewhere
on the lot.
Property owned by the Township, including but
not limited to road rights-of-way, parks, and open space areas;
Common property owned by a homeowners, condominium
or townhouse associations; or
Property that is encumbered by a conservation-purpose
deed restriction or easement, whether or not the property is owned
in fee by a public, private or governmental agency.
To destroy, cut, chop, displace, and shall also mean to perform
any act of tree pruning or thinning, equipment operation, soil compaction
or materials storage, soil removal, or paving that results in tree
destruction.
A tree farm and/or wholesale grower of deciduous and/or evergreen
trees.
No person and/or organization, including utility
companies, shall remove a protected tree or heritage tree, or any
tree within an environmentally sensitive area, in the Township of
Montville without having previously obtained from the Enforcement
Officer a permit authorizing the removal or clearing.
A permit shall not be required to remove a public
or protected tree when:
B.
Clearing of trees is required in connection with construction
of a new dwelling, the construction or reconstruction of an approved
septic system, or the construction or reconstruction of an approved
driveway and the trees are located within the critical footprint area;
D.
A public or protected tree is in such condition to
pose imminent danger to the public health, safety, and welfare or
to existing structures;
E.
A public or protected tree is diseased, dead or dying
as a result of natural causes, such as storms; provided, however,
that:
(1)
The person desiring the removal or clearing is the
owner of the property on which the public or protected tree is located;
and
(2)
Said person either provides prior notification of
the proposed removal or clearing to the Enforcement Officer and the
Enforcement Officer verifies the diseased, dead or dying condition
or provides the Enforcement Officer with a certificate from a qualified
forester or landscape architect that the tree was diseased, dead or
dying as a result of natural causes, and its removal therefore was
appropriate.
G.
The trees to be removed are in accordance with a subdivision
or site plan finally approved by the Township Planning Board or the
Zoning Board of Adjustment or, if on Township-owned property, is pursuant
to a site development plan submitted to the Township Planning Board
for comment;[4]
H.
The tree is in a public road right-of-way or sight
easement and is required to be cut or removed to facilitate public
safety as determined by the Township's Public Works Department.
Any person desiring to remove a public or protected
tree shall make application to the Enforcement Officer for a permit
to do so. The application shall be on a form supplied by the Township
and shall contain:
A.
An application for the removal of five or less public
or protected trees shall require the following:
(1)
Name and address of property owner.
(2)
Name and address of applicant, if other than owner,
together with the owner's signed consent to the application.
(3)
Identification by street address and tax lot and block
number of the property to which the application applies.
(4)
The location, species and caliper of all trees to
be removed on a survey, if available, or a copy of the Tax Map. The
trees to be removed shall be marked with ribbon or other marking so
that the Enforcement Officer can conduct a visual inspection.
B.
An application for the removal of greater than five
public or protected trees shall require the following, unless waived
by the Enforcement Officer:
(1)
Name and address of the property owner.
(2)
Name and address of the applicant, if other than the
owner, together with owner's signed consent to the application.
(3)
Identification by street address and tax lot and block
number of the property to which the application applies.
(4)
A tree reservation plan that depicts:
(a)
The location, species and caliper of all trees
to be removed on a surveyed drawing.
(b)
The location of existing and proposed structures,
driveways, etc.
(c)
Existing contours and proposed grading.
(d)
Proposed preservation/protection measures of
trees to remain.
(e)
The location of replacement trees, including a replacement schedule indicating species, quantities and size in accordance with the standards set forth in Chapter 230, Land Use, insofar as it is applicable. Unless otherwise determined by the Enforcement Officer or his designee, the replacement shall be at a one-to-one ratio.
(f)
If known to the applicant, the location of any
wetlands, flood hazard areas, and streams on the property.
(5)
The purpose of the removal or clearing.
(6)
Signature of applicant.
By the filing of the application, the owner
consents to an inspection of the property by the Enforcement Officer
or his or her designee. Following an inspection of the property on
which the removal is proposed, the Enforcement Officer shall approve
or deny the application, in whole or in part, with or without conditions.
In his or her evaluation of the application, which shall be reasonable,
the following factors shall be considered by the Enforcement Officer:
A.
Factors weighing against approval of the application
include:
(1)
Adverse impact of the proposed removal or clearing
upon quality and quantity of stormwater runoff.
(2)
Increase in air or noise pollution from proposed removal
or clearing.
(3)
Loss of wildlife habitat from proposed removal or
clearing.
(4)
Increase in soil erosion and sedimentation from proposed
removal or clearing.
(5)
Inhibition of aquifer recharge from proposed removal
or clearing.
(6)
Adverse impact upon growth and development of remaining
vegetation on the property and upon neighboring properties.
(7)
Whether the applicant's purpose in applying for tree
removal or clearing can reasonably be achieved without the proposed
tree removal or clearing.
(8)
Whether there is a substantial change in character
of neighborhood.
B.
Factors weighing in favor of approval include:
(1)
Whether a public purpose is furthered by the proposed
removal or clearing.
(2)
Proposed tree replacement or reforestation that enhances
wildlife habitat, lessens air or noise pollution, promotes aquifer
recharge, decreases area soil erosion and sedimentation, or improves
area stormwater runoff conditions.
The failure of the Enforcement Officer to act
upon a complete application for tree removal or clearing within 20
days shall constitute an approval of the application, unless the applicant
has consented to an extension of said time period.
Any person who removes a protected or heritage tree without having first obtained a permit, or does so in violation of any condition of such a permit, shall replace the removed public tree or protected or heritage tree on the property at a one-to-one ratio. As an example, if a thirty-inch caliper public tree is removed, trees having a combined diameter of 30 inches shall be planted in its place. All new trees planted shall be in accordance with the ordinance in Chapter 230, Land Use, or successor ordinance. In the event such replacement or restoration cannot reasonably be accomplished on the property where the removal or clearing occurred, with the approval of the Enforcement Officer, the person who effected the removal or clearing without a permit or in violation of any condition of the permit may deposit a sum equivalent to the value of the replacement trees required hereunder and the cost of their planting as determined by the Enforcement Officer, using the wholesale prices of a local nursery as multiplied by a factor of 2 1/2, in an account maintained and used by the Township for the purpose of tree planting and reforestation. The Township may institute a civil action to compel replacement, as herein provided, if the person who effected the tree removal or clearing does not complete the herein required tree replacement or make the herein described money deposit.
Whenever a construction permit is requested
for a structure which will require the removal of trees as herein
protected, the applicant shall submit a copy of the approved tree
removal permit to the Construction Official. The Construction Official
shall not issue a construction permit or certificate of occupancy
for any building on any site, parcel or tract for which there is an
outstanding complaint pursuant to this article or for which there
is no approved tree removal permit.
An applicant aggrieved by a condition attached
to a permit or the denial of a permit application by the Enforcement
Officer, or any person subject to a determination of the Enforcement
Officer aggrieved thereby, may appeal to the Permit Appeals Board.
An appeal shall be taken by filing a written statement with the Township
Clerk and Enforcement Officer, which statement shall fully set forth
the matter under appeal and the grounds for the appeal. The Permit
Appeals Board shall then set a time and place for hearing the appeal,
notify the applicant, conduct the hearing and affirm, modify or reverse
the matter appealed. The Permit Appeals Board shall have the right,
however, to refuse to hear or decide any appeal which has not been
filed within 14 days after the applicant had notice of the matter
as to which the appeal has been taken. The decision of the Permit
Appeals Board on such a matter shall be final and conclusive as a
municipal action.
A.
Establishment. There is hereby established in the
Township the Permit Appeals Board comprised of four members as follows:
one member of the Township Environmental Commission, the Township
Engineer, and two citizens.
B.
Term of office. The appointments of all members shall
be for terms of one year commencing each January 1. The Township Committee
shall make all appointments.
C.
Organization. The Permit Appeals Board shall select
a Chairperson and a Vice Chairperson from among its members. The presence
of two members shall constitute a quorum of the Permit Appeals Board.
D.
Powers and duties of Permit Appeals Board. The powers
of the Permit Appeals Board are as follows:
[Amended 2-28-2006 by Ord. No. 2006-09]
