[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.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 120.
Land development — See Ch. 190.
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.
[Amended 8-13-2025 by Ord. No. 2025-08]
Upon application for a tree removal permit, the applicant shall be charged the fee of $25 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. 
Any person convicted of a violation of any portion of this chapter shall be liable, upon conviction, to the general penalty in Chapter 1, Article II, General Penalty, of the Township Code. Each tree that is removed or cleared in violation of this chapter shall constitute a separate violation.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
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.