[HISTORY: Adopted by the Township Council of the Township
of Allamuchy 11-18-2008 by Ord. No. 2008-16; amended in its entirety 9-21-2010 by Ord. No.
2010-12. Subsequent amendments noted where applicable.]
A.
No person shall remove or destroy or cause to be or allow to be removed
or destroyed any tree without first obtaining a tree removal permit.
Tree removal permits shall be issued by the Township Engineer.
B.
Where the tree removal is being done in connection with the construction
of any building, driveway, recreation area or anything else for which
a building permit is required, no building permit shall issue until
the applicant, unless exempt, has obtained any permit(s) required
under this chapter.
C.
The issuance of a permit under this chapter shall not relieve the
applicant of the obligation to obtain any other permit required by
law, including but not limited to approvals from the Allamuchy Township
Land Use Board.
Applications for a permit shall be made to the Township Engineer
and shall contain the following information:
A.
The name and address of the applicant.
B.
The name and address of the owner of the property from which the
tree(s) are to be removed.
C.
A tree removal and replacement plan.
D.
Any other information which may reasonably be required to enable
the application to be properly evaluated, including, but not limited
to, a description of the purpose for which the application is to be
made, e.g., clearing land for agricultural use, harvesting timber,
fire protection, private parks, scenic improvements, hardship, danger
to adjacent properties, removal of diseased or damaged trees, transplanting
or removal in a growing condition to other locations, installation
of utilities, or drainage of surface water.
A.
The location on the property of the tree(s) to be removed shall be
indicated on a tree removal and replacement plan. The tree removal
and replacement plan shall indicate all tree(s) to be removed, specifically
by an assigned number, and the species and caliper of each tree, and
shall indicate all tree(s) to remain, and proposed replacement tree(s),
specifically by an assigned number. In addition, in the event that
a tree removal requires the prior approval under federal, state or
local law or the governing documents of a homeowners' association
or similar authority, evidence of such prior approval shall be submitted
with the tree removal and replacement plan.
B.
In lieu of the requirement of Subsection A that each tree to be removed be shown on the tree removal and replacement plan, for any clearing greater than three acres or where determined to be appropriate by the Township Engineer for any clearing of less than three acres where the property is heavily wooded, a representative five-percent sampling of the wooded areas proposed to be cleared shall be inventoried and shown on a plan. The representative 5% shall be determined by agreement between the Township Engineer and the applicant, provided that all specimen trees shall be indicated on the plan.
C.
The plan shall indicate a limit-of-disturbance line (i.e., where
a four-foot-high standard snow fence will be erected if required by
the Township Engineer).
A.
At least one tree shall be planted by the applicant for every tree
subject to this chapter that is removed.
B.
Tree replacement shall be accomplished in accordance with § 190-509E and F of Chapter 190, Land Development, of the Code.
C.
The Township Engineer, in his or her discretion, may in determining the number of trees to be replaced credit the party responsible for the replacement for trees or shrubs planted at the subject property within the 12 months prior to the tree removal. Such credit shall be given only if the trees or shrubs for which credit is sought were planted in accordance with § 190-509E and F of Chapter 190, Land Development, of the Code.
D.
All trees required to be planted pursuant to this chapter shall be
planted within 30 days of the date on which the tree removal permit
was issued. The Township Engineer may extend this time period if,
within his or her discretion, planting during that period would materially
reduce the likelihood of the replacement trees' survival.
A.
In connection with each tree removal and replacement pursuant to this chapter, the Township Engineer shall prepare an estimate of the amount necessary to make the necessary replacements. The party responsible for the replacement shall post a performance guarantee in accordance with § 190-902D of Chapter 190, Land Development, of the Code.
B.
The performance guarantee shall be posted prior to tree removal.
The Township Engineer shall inspect the trees and the property
which are the subject of the permit application for the purpose of
enforcing this chapter.
[Amended 12-18-2019 by Ord. No. 2019-15]
A.
Except as noted below, any destruction or removal of trees, except
specimen trees, shall be exempt from the provisions of this chapter
if the trees sought for destruction or removal are:
(1)
Growing on property actually being used as a nursery, garden center
or orchard.
(2)
Removed in accordance with a woodland management plan approved by
the New Jersey Department of Environmental Protection and the Township
Engineer.
(3)
Located on a working farm and either cleared in accordance with a
soil conservation plan approved by the Department of Environmental
Protection (DEP) or exempted from DEP requirements.
(4)
Located on property of less than one acre, provided no more than
five trees are to be removed within any one-year period.
(5)
Less than five inches in diameter at point of measure, which point
of measure shall be five feet from the ground.
(6)
So located or in such a condition as to require their removal or
destruction for the public health, safety or welfare.
Exemption requests being sought by an applicant under Subsection A(6) must be accompanied by a report from a tree expert licensed by the New Jersey Board of Tree Experts documenting the location and condition of trees that are proposed for removal or destruction for public health, safety, or welfare reasons. Applicants for exemptions under Subsection A(6) shall be required as a condition of such an exemption to replace trees in accordance with the standards in § 288-4 of the Code.
B.
The determination as to whether an exemption applies shall be made
by the Township Engineer.
Upon application for a tree removal permit, the applicant shall
be charged the fee of $15 per tree, up to a maximum of $600 per acre
or part thereof, to be cleared.
All tree removal permits shall be limited to one year from date
of issuance. If the approved tree removal has not occurred within
one year, a new permit must be applied for and is subject to the payment
of new fees. If, however, the applicant diligently pursues other governmental
approval(s), or if approved development is ongoing, the permit may
be renewed for up to two six-month periods. A renewal fee of $75 shall
be due and payable for each renewal.
A.
For purposes of this section, a "specimen tree" is defined as a tree
that is determined to be of a high value because of its historical
significance, species, size, age or other arboreal criteria. The determination
of whether a tree is a specimen tree shall be made by the Township
Engineer.
B.
All reasonable efforts shall be made to preserve specimen trees,
including but not limited to, if feasible, relocation of infrastructure,
roadways, and buildings. Removal of specimen trees shall require the
specific written recommendation of the Township Engineer and approval
of the Township Mayor and Council.
A.
B.
In addition to the foregoing, any tree removed in violation of this
chapter shall be replaced with a tree approved by the Township Engineer.
Each failure to make such replacement shall constitute a separate
violation of this chapter.
