[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:
PERSON
Every person, firm, association, partnership, corporation
and individual.
SHADE TREES
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.
STREETS
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.
TOWNSHIP COMMITTEE
The Township Committee of the Township of Montville and its
duly authorized representatives.
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.
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]
Any person, firm or corporation violating any of the provisions of this article shall be subject to such penalties as are provided for in Chapter
1, Article
III, General Penalty.
[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:
CRITICAL FOOTPRINT AREA
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.
ENFORCEMENT OFFICER
The individual appointed by the Township Administrator of
the Township of Montville.
ENVIRONMENTALLY SENSITIVE AREAS
Areas of wetlands, floodways, areas within the one-hundred-year
floodplain (but outside the floodway), and slopes exceeding 15%.
GARDEN CENTER
A retail business of which the principal sales are garden
and landscaping related products.
HERITAGE TREE
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.
PROTECTED TREE
Consists of the following:
A.
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.
B.
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:
(1)
A DBH of six inches or more located within a
Township right-of-way;
(2)
A DBH of six inches or more and located on any
lot within 20 feet of a road right-of-way;
(3)
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
(4)
A DBH of 12 inches or more located elsewhere
on the lot.
PUBLIC OR COMMON PROPERTY
A.
Property owned by the Township, including but
not limited to road rights-of-way, parks, and open space areas;
B.
Common property owned by a homeowners, condominium
or townhouse associations; or
C.
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.
REMOVE
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.
TREE NURSERY
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:
A. The removal or clearing is on property subject to
an approved woodland management program pursuant to the Farmland Assessment
Act of 1964, or on property used as a garden center or tree nursery,
or any trees located in commercial orchards;
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;
C. The removal or clearing is on property located within
the air safety zone established pursuant to the New Jersey Air Safety
and Zoning Act of 1983;
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.
F. The tree is growing on property actively operated
as a farm under the state's Right to Farm Act, which is removed to create fields for crops and pastures,
or to construct a farm building;
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;
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.
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.
(3) Proposed promotion by the applicant of the purposes of the ordinance in Chapter
230, Land Use, or correlative provisions of its successor ordinance.
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.
[Amended 2-28-2006 by Ord. No. 2006-09]
Each tree that is removed or cleared in violation of this section shall constitute a separate violation. Any person, firm or corporation violating any of the provisions of this article shall be subject to such penalties as are provided for in Chapter
1, Article
III, General Penalty.