The purpose of this chapter is to conserve the natural resources and to regulate and control the indiscriminate and excessive cutting of trees and shrubs within the Township.
As used in this chapter, the following words shall have the following meanings:
BUILDING LOT A parcel of land upon which a dwelling house has been or may be erected in accordance with Chapter
410, Zoning, or may be erected with a variance.
DEAD WOOD That wood which has ceased to grow and has died of natural causes.
HARVESTING WOOD The removal, cutting, collecting of any wood other than that defined as dead wood.
HOMESTEAD The principal owner occupied residence having a maximum of three acres upon which the property owner resides and is cutting and harvesting trees on the property solely for his/her own heating requirements.
MANAGEMENT PLAN A plan for the management of timbered or forested lands developed by the New Jersey Department of Environmental Protection, or similar state or federal agency, Township Conservation Commission or Township officials.
PERMIT A license issued by the Conservation Commissioner of the Township to remove or destroy trees or shrubs as defined in this chapter.
PUBLIC RIGHT-OF-WAY Any street or road shown upon a map or plan filed in the Ocean County Clerk's office or on the Official Map of the Township.
SANITARY LANDFILL Land used by the municipality or private persons for the disposal of rubbish or garbage as defined in the Sanitary Landfill Chapter.
SHRUB Native laurel (Kalmia latifolia) having a root crown of three inches or greater measured at the soil or surface level.
TREE Any living deciduous tree having a trunk of a diameter greater than five inches, three feet from ground level (deciduous trees regulated under this chapter are all types of maple, oak, birch, gum and willow); any living coniferous tree having a trunk of a diameter greater than five inches, three feet from ground level, or any living dogwood (Cornus florida), or American Holly tree having a diameter of two inches or greater, three feet from ground level.
No person, association, group or corporation is to remove or destroy, or cause to be removed or destroyed any tree or shrub growing in the Township without having first obtained a permit as provided in this chapter. Consideration shall be given when size and species indicates historic and landmark value. Coniferous trees may be removed in areas where deciduous trees predominate, only to the extent necessary to provide existing shade trees room for growth.
Upon application for a building permit for any construction which would cause the removal or destruction in whole or part of any tree or shrub as defined in this chapter, the application shall be accompanied by a plot plan which shall indicate the location of all trees and shrubs on the lot or lots for which such permit is sought. The plot plan shall designate which trees, if any, are to be removed or destroyed. Copies of such plot plan shall be filed by the applicant with the Building Inspector, the Construction Commissioner, engineer and Environmental Commission, if such commission is in existence at the time of application. The Building Inspector, Township Engineer and Environmental Commission shall review same and notify the Conservation Commissioner of their recommendations. Such recommendations shall not be binding upon the Conservation Commissioner. The recommendations shall be forwarded to the Conservation Commissioner within 15 days of the receipt of the application by the Building Inspector, Township Engineer and the Environmental Commission, failing in which the Township Conservation Commissioner may grant or deny a permit without further delay. Upon such approval, the Building Inspector shall issue a building permit as required by law.
There is established the office of Conservation Commissioner, whose duties shall be as indicated in this chapter. The term of office of Conservation Commissioner shall be for a period of one year but, in no event shall his/her term extend more than 14 days beyond December 31 of any calendar year.
No soil material, permanent or temporary, shall be placed within three feet of any trees or shrubs. Where grading may be required, trees shall be walled in an extension tile to the outer crown of the tree.
The following lands or activities shall be exempt from the provisions of this chapter: nurseries, garden centers, orchards and tree farms, gardening, sanitary land fill operations licensed by the Township and State of New Jersey, surface mining operations, public rights-of-way, engineers and surveyors engaged in professional activities, and building lots of less than 1/2 acre where an existing home has been fully constructed.
Upon the filing of an application to the Conservation Commissioner, the applicant shall pay $10 to the Township for an application fee, unless the property to be harvested qualifies as a homestead, in which case the application must be submitted but the application fee and all other fees herein will be waived. In addition, if the Conservation Commissioner shall issue a permit for the destruction and/or removal of trees pursuant to the terms of this chapter, an additional permit fee of $10 shall be required. Thereafter, the following fee schedule shall be in effect:
A. Twenty-five dollars per acre of area harvested. For the purposes of computing such fee, fractions of one acre shall constitute one acre, if the total acreage exceeds one acre. If the total acreage is less than one acre, no additional fee, other than the $10 application fee and $10 permit fee, shall be required.
B. In the alternative of the permit fee and a fee to be imposed in accordance with the acreage to be harvested, the applicant can submit a management plan prepared by the New Jersey Department of Environmental Protection, Division of Forestry, or a similar state or federal agency, or a management plan prepared by a person holding a Bachelor of Science Degree in Forestry from a recognized institution of higher education, in which event the permit fee of $10 and the acreage fee, $25 per acre, or for part of an acre, will be waived by the Conservation Commissioner.
C. In addition, no permit fee or harvesting fee, other than the $10 application fee, need be paid for harvesting dead wood if and upon the condition that written permission from the owner of the subject premises be given to the Conservation Commissioner and a copy of such written permission be in the possession of the wood harvester at all times that such person is harvesting the dead wood from the subject premises.
D. Harvesting wood shall require both an application fee and a permit fee, as required in Subsection
A or
B of this section.
Whenever any application for a permit shall be denied by the Conservation Commissioner, the applicant may appeal the denial to the Township Committee by filing a written notice of appeal with the Township Clerk within 10 days after receiving a written notice of denial of the application. The Township Committee shall hold a public meeting on the matter in accordance with rules or procedures to be established by the Township Committee and may modify or affirm or reverse the decision of the Conservation Commissioner.