Except as hereinafter provided, no person shall cut, destroy
or remove any tree located within the Borough of Morris Plains, which
has a diameter of three inches or greater measured at a point one
foot above the ground.
Any person desiring to remove any live tree in excess of the size referred to in Section 23A-1 shall prepare and submit an application in the form provided by the Borough for such purpose and in the manner set forth herein:
(a)
For removal of a tree or trees from a lot or parcel of land for which
the applicant is not required to obtain site plan or subdivision approval
from the Borough Planning Board as a condition precedent to obtaining
a building permit, by filing such application with the enforcement
officer created and designated by this chapter. The enforcement officer
shall consider and decide such applications.
(b)
For removal of a tree or trees from a lot or parcel of land for which
the applicants are required to obtain site plan or subdivision approval
from the Borough Planning Board as a condition precedent to obtaining
a building permit, by filing such application simultaneously with
the application for site plan or subdivision approval with the Borough
Planning Board, which shall consider and decide such application in
conjunction with the application made for site plan or subdivision
approval.
The application form supplied by the Borough shall contain as
a minimum, the following information:
(a)
Name and address of applicant, and status of legal entity (individual,
partnership, corporation of this or any other state, etc.).
(b)
Status of the applicant with respect to land (owner, lessee, tenant,
purchaser under contract, etc.).
(c)
Written consent of the owner of the land, if applicant is not the
owner.
(d)
Name of the person preparing any map, drawing or diagram submitted
with and as a part of the application.
(e)
Location of property, including street number and address, and block
and lot numbers, as shown on the official tax map of the Borough.
(f)
Number of trees to be removed, and the species and approximate size
of each such tree.
(g)
Purpose for tree removal (construction, street or roadway, driveway,
utility easement, recreation area, patio, parking lot, etc.)
(h)
Diagram of lot or parcel of land, specifically designating the area
or areas of proposed tree removal, and the proposed use of such area.
(i)
Such other information as may be deemed necessary in order to effectively
process and decide such application.
(j)
The number of copies of each application form to be submitted by
the applicant shall be prescribed by the appropriate decisional authority
to whom such application is to be submitted.
(a)
Prior to taking final action upon any application for tree removal,
an inspection of the site shall be made by:
(1)
The enforcement officer in those cases where final determination
is to be made by him as to the granting or denial of an application.
(2)
By a duly designated representative or by representatives of
the Borough Planning Board in those cases where final determination
is to be made by that body as to the granting or denial of an application.
(b) Such inspection shall be made of the site referred to in the application,
and of contiguous and adjoining lands, as well as of lands in the
vicinity of the application, for the purpose of determining drainage
conditions and physical conditions existing thereon.
An application for tree removal shall only be granted for the
following reasons, and under the following terms and conditions:
(a)
Where the area proposed for tree removal is to be occupied by a building
or other structure, a street or roadway, a driveway, a parking area,
a patio, a swimming pool, a recreation area, a power, drainage, sewerage
or any other utility line, easement, or right-of-way, a clearance
area for the placement or storage of soil, fill, or construction materials
or debris during tree removal or construction operations, or where
the area of tree removal is not greater than 20 feet on either side
of or around the perimeter of any of the foregoing, whichever is applicable.
(b)
In areas proposed for tree removal which are not to be occupied by
any of the uses or facilities set forth in Paragraph 23A-5(a) upon
a finding:
(1)
That the continued presence of such tree or trees is likely
to cause danger to person or property upon the property for which
removal is sought, or upon adjoining or nearby property.
(2)
That the area where such tree or trees are located has a cut,
depression or fill of land, or the topography of the land is of such
a character as to be injurious or dangerous to such tree or trees,
or to tree or trees located nearby.
(3)
That the removal of trees is for the purpose of thinning out
a heavily wooded area, within some trees to be removed, and other
trees to remain. The planting of seedlings or other replacement trees
may be made a condition of removal.
(c)
Upon an express finding by the appropriate decisional authority that
the proposed tree removal will not result in or cause, increase or
aggravate any or all of the following conditions: Impaired growth
or development of remaining trees or shrubs on the property of the
applicant, or upon adjacent property; soil erosion, sedimentation
and siltation; dust; drainage or sewerage problems; dangerous or hazardous
conditions; and depression in the land value of the subject property
and properties in the neighboring area.
(d)
The appropriate decisional authority shall have the power to affix
reasonable conditions to the granting of the permit for the removal
of trees and protection of trees to remain.
The following lands, activities and uses shall be exempt from
the terms and conditions of this chapter:
(a)
Lots or parcels of land having a total area not in excess of one
acre (43,000 square feet), on which there exists a fully occupied
one-family or two-family dwelling house. For the purposes of this
chapter, adjacent and contiguous lots in common ownership shall be
considered as one lot.
(b)
The commercial stock of plant and tree nurseries and garden centers.
(c)
Public rights-of-way where the tree removal is conducted by or on
behalf of a federal, state, county, municipal or other governmental
agency or entity in the lawful exercise of its activities, duties
or functions in constructing or improving such public rights-of-way.
(d)
Removal of diseased and dead trees, except that girding, poisoning
or other damaging of trees in order to avoid compliance with the provisions
of this chapter, shall constitute a violation of this chapter.
[Ord. No. 23-74, § 1; No. 23-2002, § 1]
The Mayor, with the advice and consent of the Borough Council,
may appoint a person, qualified by background, training and experience,
as the enforcement officer of the terms and conditions of this chapter.
In the absence of such an appointment, the Construction Code Official
of the Borough shall act as the enforcement officer of this chapter.
[Ord. No. 23-2002, § 2]
(a)
Except for exemptions found within Section 23A-6, where regulated trees are removed without a tree removal permit, the affected area(s) shall be replanted by replacing each tree removed with one and a half trees. Where necessary, the total number of replacement trees shall be rounded up to the next whole number. The replacement trees shall be planted to the satisfaction of the appropriate municipal authority.
