It shall be unlawful for any person to remove
or destroy or cause to be removed or destroyed any area of trees in
excess of 225 square feet from any lands within the Township without
having first obtained a tree removal permit from the Township as provided
in this chapter.
Failure of the Zoning Officer to issue an approval
or denial of the filed plot plan within 20 days of the filing shall
be deemed an approval. A denial of the issuance of the permit by the
Zoning Officer may be appealed to the Board of Adjustment pursuant
to N.J.S.A. 40:55D-70(a), by filing such an appeal, in writing, with
the Zoning Officer within 10 days of the denial by the Township Zoning
Officer.
[Amended 7-9-2007 by Ord. No. 07-030]
The application for the removal or destruction
of trees under this ordinance shall be made to the Manchester Township
Zoning Officer. Upon written approval by the Township Zoning Officer,
or in the case of an appeal to the Board of Adjustment, the Zoning
Officer shall issue the permit. The fee for such permit shall be $75.
This chapter shall not apply to commercial nurseries,
right-of-way pruning by utility companies, trees to be removed by
the Township on public rights-of-way, public park lands owned by the
Township, trees that are removed as part of a municipal project, emergency
removals necessary for the health and safety of the public, fire breaks
subject to the Pinelands Commission regulations, diseased/dead trees,
and trees located within 10 feet of an existing structure and vegetation
or natural growth not satisfying the definition of a tree pursuant
to this chapter.
Application for a tree removal permit for a
property/properties associated with a Planning Board of Zoning Board
of Adjustment approval shall be filed and administered as follows:
A. Any property/properties that received major site plan or major subdivision approval that has approved signed maps along with an executed developer's agreement and performance guarantees are exempt from §
403-5, Standards, of this chapter, and shall be held to the clearing requirements of the approving Board as outlined in the approving resolution and signed construction plans.
B. All other applications that receive approval from
the Township Planning Board or Zoning Board of Adjustment shall file
an application for a tree removal permit as described elsewhere in
this chapter. A copy of the plans approved by the Board should accompany
all applications of this type. These applications shall be reviewed
and approved or denied as indicated elsewhere in this chapter.
Anyone violating any provision of this chapter
shall be subject to a fine of $100 for every 25 square feet of cleared
land. In the event that the tree caliper cannot be determined at four
feet above the ground, the caliper shall be measured at the highest
point that remains of each tree cleared. In addition, the lot owner
shall be responsible for site stabilization, erosion and sediment
control, along with revegetation or reforestation, as deemed appropriate
by the Zoning Officer and Township Engineer. In the event clearing
limits exceed 500 square feet beyond the approved clearing limits
or adjacent lands not owned by the applicant have been cleared, a
reforestation plan shall be required. This plan shall be prepared
by an appropriate professional and approved by the Township Engineer.
Failure to remedy within 30 days of the notice of violation shall
permit the Township to perform the work as recommended by the Township
Engineer, and assess the entire cost of remediation, including professional
fees, as a municipal lien on the property.