[HISTORY: Adopted by the Township Council of the Township
of Mine Hill as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-21-2002 by Ord. No. 1-02]
The Township has found that indiscriminate, unregulated, uncontrolled
and excessive destruction, removal and cutting of trees upon lots
and tracts of land within the Township causes increased drainage control
costs, increased soil erosion, decreased fertility of the soil, decreased
groundwater recharge, increased glare and heat pollution, increased
buildup of atmospheric carbon, increased dust and mosquito breeding
places, the deterioration of property values, the rendering of lands
unfit or unsuitable for their most appropriate use, has impaired the
stability and value of improved and unimproved real estate, with the
result that there has been and will result in the future detriment
to the public safety, the public health and general welfare, which
requires the passage of this article. The Township desires and intends
that this article will regulate and control indiscriminate and excessive
cutting of trees within the Township, to preserve the maximum possible
number of trees in the course of development of a site, protect larger,
older specimens of trees, encourage innovative design and grading
to promote the preservation of existing trees, and provide a plan
for replacement of trees which promotes a desirable visual environment.
The following words and expressions as used in this article
shall have the following meanings:
The administrative officer shall be the Township Administrator
or his designee.
The removal of the minimum extent possible of the smallest
and poorest specimens of trees so as to permit land development while
retaining the maximum number of larger and healthier specimens of
trees.
An inventory of a portion of each property subject to the
provisions of this article shall be made to establish the average
number of each species of tree within the area to be disturbed (which
includes any area from which trees are to be removed or cut down).
This inventory shall constitute the averaged wooded lot and shall
be determined as follows: the applicant shall select random one-tenth-acre
representative plots throughout the area to be disturbed, which plots
shall have comparable tree populations to the area to be disturbed
generally. Each representative plot shall be visibly marked by stakes
or other appropriate markers. The location of the representative one-tenth-acre
plots shall be subject to approval by the administrative officer.
The number of representative one-tenth-acre plots shall be equal to
50% of the number of acres within the area to be disturbed (including
any area from which trees are to be removed or cut down); provided,
however, that the number of representative one-tenth-acre plots shall
not be less than 10, unless the area to be disturbed is one acre or
less, in which event the entire area to be disturbed (including the
area from which trees may be cut down or removed) shall be inventoried.
Once the representative plots have been identified and approved, each
tree on each representative one-tenth-acre plot shall be inventoried
by species, and the average of each species calculated from the total
of each representative one-tenth-acre plot shall be determined for
the total representation of one-tenth-acre plots. That average number
of species shall represent the number of species of each tree within
the disturbed area, and the composite of all averaged tree species
shall constitute the averaged wooded lot (specimen trees are not part
of the averaged wooded lot as they are inventoried individually throughout
the entire tract).
The Planning Board of the Township of Mine Hill.
The removal of all standing trees on a lot or portion of
a lot.
The diameter of a tree measured 4Â 1/2 feet above the
ground level on the downhill side for existing trees to be surveyed
in the field and shown on a replacement plan. Trees utilized in the
replacement of existing trees shall be measured six inches above the
ground for trees with a four-inch caliper or less and measured 12
inches above the ground for trees over a four-inch caliper. Diameter
at a point of measurement may appear in this article as the abbreviation
"DPM."
A limiting line established by a series of perpendicular
drop points marking the maximum radius of the crown of an existing
tree, but not less than six feet from the trunk, whichever is greater.
A preexisting lot located within a zone permitting single-family
detached dwellings upon which is constructed one single-family detached
dwelling and which property as a result of zoning restrictions could
not be further subdivided.
A specific plan for replacement of removed trees in accordance
with the provisions of this article.
A nursery-grown certified tree, properly balled, marked with
a durable label indicating genus, species and variety, and satisfying
the standards established for nursery stock and installation thereof,
set forth by the American Association of Nurseryman. Caliper of replacement
trees shall be as follows: evergreen trees, seven feet to eight feet
height; ornamental trees, two inches to 2Â 1/2 inches; shade trees,
2Â 1/2 inches to three inches. The mixture of replacement tree
types shall be determined by the administrative officer.
The removal of larger trees on an individual basis while
leaving trees of lesser size.
The management of any wooded tract of land to insure its
continued survival and welfare, whether for commercial or noncommercial
purposes pursuant to a plan approved by the New Jersey Bureau of Forestry.
The forest debris remaining after a tree removal operation.
Any tree with a DPM of 24 inches or greater.
The removal of undesirable, competitive, diseased or damaged
trees so as to cultivate and improve the development of remaining
trees on the lot.
The uppermost 20% of height of a tree constituting its crown.
Any tree species which has a DPM of six inches or greater.
No person shall remove, cut or destroy any tree growing upon
any lands within the Township unless such removal, cutting or destruction
shall have been accomplished in accordance and compliance with this
article.
The following shall be exempt from the provisions of this article:
A.Â
Commercial nurseries and fruit tree orchards.
B.Â
Christmas tree plantations or farms.
C.Â
Removal or destruction of trees which are dead, dying or diseased,
or trees or specimen trees which have suffered severe damage, or any
tree or specimen tree whose angle or growth make them a hazard to
structures or human life.
D.Â
Those projects which, prior to the effective date hereof, have received
preliminary or final major subdivision approval or preliminary or
final site plan approval; provided, however, that an amendment to
a preliminary or final major subdivision approval or site plan approval
which is made after the effective date of this article and which modification
or amendment impacts upon existing trees shall be subject to the provisions
of this article. Applications for extension of preliminary approvals
where further tree removal is required shall be conditioned upon compliance
with this article where the application for extension has not been
granted prior to the effective date of this article.
E.Â
Homestead lots shall be exempt from all provisions of this article
except those governing the removal of specimen trees as defined herein.
A.Â
Prior to cutting down or removal of any tree which is subject to
this article, a permit shall be obtained from the administrative officer
entitled a "tree removal permit." The application for a tree removal
permit shall include a completed application on a form prescribed
by the administrative officer, which form, with the exception of homestead
lot specimen tree removals, shall include, at a minimum:
(1)Â
Name, address and phone number of property owner.
(2)Â
Name, address and phone number of applicant, if not the owner.
(3)Â
Consent in writing of owner if applicant is different than owner.
(4)Â
Description of the property on which cutting down or removal is proposed,
including street address and tax lot and block number.
(5)Â
An inventory of trees based upon the averaged wooded lot, as defined
herein, showing all calculations and supporting factual data.
(6)Â
An inventory of all specimen trees by size and species.
(7)Â
A grid overlay to the same scale as a site plan or subdivision map,
if any, or if none, another formal map or survey showing the location
of the one-tenth-acre representative plots used for determination
of the averaged wooded lot.
(8)Â
A site plan to the same scale as the grid overlay described in the
preceding number, showing the entire tract of land, delineating the
areas of disturbance, the location of all specimen trees in the area
of disturbance, an identification of each specimen tree by size and
species, and an identification of specimen trees to be cut down or
removed by location, size and species.
(9)Â
A calculation of the trees and specimen trees to be removed.
(10)Â
A calculation of the total replacement trees required in accordance
with this article.
(11)Â
Where a monetary contribution is proposed in lieu of replacement
trees, a calculation of the monetary contribution, together with an
explanation demonstrating good cause for concluding that the requisite
number of replacement trees cannot reasonably be placed on site.
(12)Â
A specific replacement tree plan as defined hereinbelow.
(13)Â
Any request for waiver of all or any of the requirements of
this article, together with a detailed explanation of the reasons
for the waiver request and the inability to reasonably comply.
(14)Â
The required fees and escrows in accordance with this article.
A.Â
Where the application is in conjunction with a minor subdivision
application to create a homestead lot or lots, removal of trees up
to 50% of the number of trees on the proposed homestead lot(s) may
be removed without replacement trees required by this article. Removal
of specimen trees shall only be permitted where the location of a
tree forces the placement of a structure outside the permitted building
setbacks; where a tree whose location, angle or growth makes it a
hazard to a structure or human life; where the location of growth
of a tree inhibits the enjoyment of an outdoor pool, patio, or deck,
such proposed uses for which a building permit has been issued; or
removal of specimen trees which are otherwise exempt. The removal
of trees in excess of 50% or the removal of specimen trees which are
not exempt requires a replacement plan based upon the standards set
forth in Table B-1 and Table B-2. For minor subdivision applicants,
a statement of the number of species of trees constituting the replacement
plan, together with a certification indicating that same will be planted,
shall be sufficient; provided, however, that no certificate of occupancy
shall issue for use of any structure built upon said lots created
by said minor subdivision until such time as evidence verifying the
planting of the replacement trees has been completed. Neither a performance
nor a maintenance bond shall be required in the case of a minor subdivision.
B.Â
Where the application for a tree removal permit is in conjunction
with an application for major subdivision or site plan approval or
any minor subdivision other than a minor subdivision to create homestead
lots, or relates to any other property not otherwise exempt, the replacement
plan shall include the following:
(1)Â
A site plan showing the size, location and species of all trees constituting
replacement trees to be planted within the disturbed areas or elsewhere
on site.
(2)Â
The site plan shall identify the lot and block numbers, street address,
if assigned, and a certification of compliance with the requirements
of this article.
(3)Â
Location of streams and watercourses.
(4)Â
Location of slopes of greater than 10% where any tree removal is
proposed.
(5)Â
The location(s) on the tract where tree removal is to take place.
(6)Â
The total acreage of the tract.
(7)Â
The total number of wooded acres to be disturbed within the tract.
(8)Â
A specific plan for replacement of removed trees pursuant to this
article.
(9)Â
A written summary of measures taken to preserve existing trees.
(10)Â
Evidence that the method of disposal for removed trees, toppings
and slash is consistent with the law. All efforts shall be made to
preserve specimen trees, including, if necessary, the relocation of
infrastructure, roadways and buildings. Removal of any specimen tree
shall require specific approval, and any specimen trees approved for
removal shall be listed individually on the tree removal permit.
C.Â
All plans for replacement of trees shall be based upon the following
formulas:
(1)Â
For trees as defined herein, replacement shall be based on the percentage
of the trees removed as set forth in Table B-1.
(2)Â
Specimen trees as defined herein shall be replaced in accordance
with Table B-2.
|
Table B-1
Replacement of Trees
| ||
|---|---|---|
|
Percentage of Trees Removed
|
Percentage of Trees Removed to be Replaced with Replacement
Trees
| |
|
80% to 100%
|
70%
| |
|
60% to 79%
|
50%
| |
|
40% to 59%
|
30%
| |
|
20% to 39%
|
20%
| |
|
Less than 20%
|
10%
| |
|
Table B-2
Replacement of Specimen Trees
| ||
|---|---|---|
|
Size of Existing Specimen Trees to be Removed
|
Number of Replacement Trees
| |
|
24 inches to less than 30 inches
|
5
| |
|
30 inches to less than 36 inches
|
7
| |
|
36 inches to less than 40 inches
|
9
| |
|
40 inches or greater
|
10
| |
D.Â
In determining the DPM of specimen trees for purposes of the above
calculation, greater than half an inch will be rounded up to the nearest
whole inch, and less than half an inch will be rounded down to the
nearest whole inch.
E.Â
Any tree left standing which was designated for removal or any tree
planted in compliance with other requirements of this article shall
be credited against the total replacement count on a one-for-one basis;
provided, however, that trees required to be planted by the Board
within street rights-of-way as part of an approval for an application
for development shall receive no credit.
F.Â
Wherever replacement trees are being planted pursuant to this article
and Tables B-1 and B-2, the species or type of replacement tree shall,
to the greatest extent practical, be the same as the species or type
removed from the tract.
G.Â
In the event that the replacement of the required number of trees
cannot reasonably be achieved on site, the applicant may request or
may be required to contribute an amount equal to the cost of replacement
shade tress, including installation and guarantee (twice the current
wholesale value of each unplanted tree) to a fund established by the
Township for the purpose of tree maintenance, tree preservation, tree
planting, and landscaping. The fund may also be used for the administration
of a Township tree forestry management plan.
All applications for tree removal permits must be made to the
administrative officer. After determining that the application is
complete, the administrative officer shall provide written notice
to the applicant that the application for tree removal permit is complete
and shall refer one copy of the completed application for tree removal
permit to the Township Environmental Commission and the Open Space
Committee, together with a written request that they review the application
and provide their comments and recommendations within 35 days of the
date of the letter of transmittal. After 35 days from a referral to
the Environmental Commission and Open Space Committee, the administrative
officer shall approve or deny the application for tree removal permit.
If denied, a statement of reasons supporting the denial shall accompany
the denial. Due consideration shall be given by the administrative
officer to the timely receipt of comments and recommendations of the
Environmental Commission and Open Space Committee. Where approval
is given, no permit shall issue until the applicant provides a performance
guarantee as required herein. No performance guarantee may be released
until full compliance with the approval permit has been made, all
required replacement trees have been installed and an appropriate
maintenance bond has been posted in accordance with this article.
A.Â
Where an applicant seeks a waiver from the strict enforcement of
this article, an application completed except for those portions for
which waiver is sought shall be submitted and referred for comment
and recommendation to the Environmental Commission and the Open Space
Committee as described above. After 35 days have elapsed from date
of said referral, the application, together with all supporting data,
the comments and recommendations of the Environmental Commission and
of the Open Space Committee shall be forwarded to the Board if in
conjunction with an application for development for consideration
of the application for waiver. If not in conjunction with an application
for development, determination of the application of waiver shall
be made by the administrative officer. Such determination of the administrative
officer may be appealed to the Planning Board.
B.Â
When determining whether or not to grant a waiver of full technical
compliance with the requirements of this article and the requirements
for replacement trees, the administrative officer or the Board, as
the case may be, shall weigh the negative impacts of the proposed
waiver versus the benefits of compliance and shall consider the following:
(1)Â
Is it reasonably economically feasible for the applicant to comply
with this article based upon the character and extent of the application
for development? An applicant seeking a waiver on this ground shall
submit a certification setting forth the anticipated cost of all construction
and soft costs, including public improvements, structures, detention
basins, layout, design, engineering, legal, as well as the anticipated
sale price of the property to be sold or market value of the property
upon completion. In no event shall a reduction in the number of replacement
trees be greater than 1/2 of the original number required pursuant
to this article.
(2)Â
The minimal degree of land disturbance in comparison with the overall
size of the tract. For example, land disturbance of less than 10%
of the overall size of the tract with no future plans for development
of the tract remaining undisturbed would be an extraordinarily low
percentage of land disturbance and could justify reducing the number
of replacement trees; provided, however, that if the remaining undeveloped
portion of the property were to be developed within five years, all
waived replacement trees would be reinstated as a condition of future
development.
(3)Â
The proposed use of the property includes at least 20% low- and moderate-income
housing units.
(4)Â
A lot in a single-family detached dwelling zone of five acres or less upon which there is an existing single-family detached dwelling or upon which a single-family detached dwelling will be constructed, which has the possibility of further subdivision based on Chapter 310, Part 6, Zoning, but upon which the applicant seeks no further development or a subdivision. In such cases, a waiver respecting replacement trees similar to homestead lots may be approved by the Planning Board; provided, however, that if the property is subdivided within five years, then the applicant must comply with the tree replacement criteria for the category of application, i.e., subdivision, minor subdivision or major subdivision or site plan application for both the existing lot, including any waived replacement trees, and the proposed lot or lots.
(5)Â
After its determination on the application for waiver, the Board
shall forthwith provide a copy of its resolution to the administrative
officer, who shall incorporate the Board's determination into the
determination on the application for tree removal permit.
A.Â
The clearing limits/limits of disturbance shown on the replacement
plan shall be fully established prior to cutting of permitted wooded
acreage and shall be defined by snow fencing firmly secured along
the dripline, but not less than six feet from the trunk, of the remaining
trees. In a like manner, specimen trees and isolated groupings of
trees which are to remain on the site shall be clearly protected by
snow fencing or equally visible and protective device installed along
the dripline of the tree(s) but not less than six feet from the tree
trunk(s).
B.Â
The grade of the land located along the dripline shall not be raised
or lowered more than six inches unless compensated by welling or retaining
wall methods; and in no event shall the welling or retaining wall
methods be less than six feet from the trunk of the tree.
C.Â
No soil stockpiling, storage of building materials or equipment operation
shall be permitted within the dripline or within six feet of any remaining
trees, whichever is greater.
D.Â
Any clearing within the dripline, or within six feet of the trunk
of a remaining tree, must be done by hand or with hand-operated equipment.
E.Â
Where clearing and/or construction on the site results in accidental
removal, or severe damage which will eventually result in death and
removal of any tree delineated in a replacement plan as remaining
on site, such removed or damaged tree shall be replaced pursuant to
the applicable replacement tree schedule set forth herein, using substantially
comparable species and type trees.
A.Â
A tree removal permit shall be acted upon within a reasonable time
of the determination by the administrative officer that a completed
application has been submitted.
B.Â
An application for development may be conditioned upon the subsequent
approval of a tree permit.
C.Â
An approval by statutory default by virtue of a Board failing to
act upon an application for development within a prescribed statutory
time period shall not automatically grant approval of a tree removal
permit and shall not be deemed to be an approval of a request for
a waiver of the application of any portion of this article to an applicant
for development.
Any substantial change in a replacement plan shall necessitate
the submission of a revised plan to the administrative officer for
review and approval pursuant to this article.
The administrative officer may revoke a permit where there has
been a false or misleading application or for noncompliance with an
approved replacement plan.
A.Â
For all applications other than homestead lots, a nonrefundable application fee as set forth in Chapter 235, Fees, shall be submitted, together with a review and inspection fee as set forth in Chapter 235, Fees, on which tree removal activities are proposed. For homestead lots, only a nonrefundable application fee as set forth in Chapter 235, Fees, shall be submitted.[1]
B.Â
For all applications other than homestead lots, an escrow fee, in
an amount not less than 1% of the estimated replacement cost or $500,
whichever is greater, may be required to cover expenses of review
of the application and site inspection subsequent to completion of
the tree removal activities. Any unused balance will be returned to
the applicant after final approval.
C.Â
For all applications other than homestead lots, a performance guarantee
shall be submitted upon approval of an application in an amount not
to exceed 120% of the cost for the replacement plan on the property
in an amount estimated by the Township Engineer. This should exclude
off-tract trees, for which a contribution was made.
D.Â
Following completion of the planting of trees in accordance with
the approved replacement plan and as a condition of the release of
the performance guarantee, the permit holder shall post a maintenance
guarantee with the Township Clerk for maintenance of the replacement
trees. The maintenance guarantee, which may be surety bond, shall
not exceed 15% of costs of the replacement plan and shall be posted
for a period not to exceed two years after acceptance of the completed
replacement plan. Under the maintenance guarantee, an eighty-five-percent
survival rate for a two-year guarantee period shall be considered
satisfactory.
E.Â
At the discretion of the administrative officer, the foregoing fees
and/or guarantees may be waived, in whole or in part, where the number
of replacement trees is five or less.
A.Â
The holder of a tree removal permit shall notify the administrative
officer in writing at least seven business days in advance to when
tree removal activity will commence. No activity shall take place
on Saturdays, Sundays or legal holidays without express written approval
from the administrative officer.
B.Â
The notice shall also include advice as to the manner of disposal
of the removed trees. Where appropriate, the administrative officer
shall advise the Township Recycling Coordinator of the name of the
permit holder, the location of the removal site, the date removal
is to commence, and the manner of disposal to be employed.
