This article shall apply throughout the entire area of Franklin
Township, so as to preserve trees and woodlands from unjustifiable
destruction; to preserve soil from erosion and sedimentation; and
to protect the use and transfer of topsoil, all for the general well-being
of the residents of Franklin Township and neighboring downstream areas.
Except as otherwise provided herein, no tree shall be damaged,
removed, or destroyed by cutting, girdling, bulldozing, grading of
land, or otherwise by any person, association, corporation, or public
agency without a tree removal permit first having been obtained as
provided in this article.
Exempted from the provisions of §
222-3 shall be the following:
A. The clear-cutting of any area of trees in an area of 2,500 square
feet or less located on a tract of land on which an existing single-family
or two-family dwelling has been erected and constitutes the primary
use.
B. Any tree located on a tract of land already in use by a church, nonprofit
camp, or other public or quasi-public organization, when the removal
of said tree will be for a purpose in landscaping or to facilitate
the program of said church, camp, or organization.
C. Any tree growing on land actually used and managed as a nursery,
garden center, Christmas tree plantation or orchard.
D. Any tree to be cut for personal use by the owner as firewood or for
observance of a holiday and any tree to be cut from a farm woodlot
by the farmer for farm use as firewood, posts, fencing or other farm
needs.
E. Any tree cut or removed in accordance with a management plan developed
by the New Jersey Department of Environmental Protection, Bureau of
Forestry, or other professional forester, and filed with the appointed
officer. Such a management plan could include cutting of trees for
sale as firewood or timber.
F. Any tree growing on land being used or to be used with Township approval
for quarrying or similar operations.
G. Any dead, diseased, or other tree with which there is risk to life
or property.
For all replacement requirements, the following formulas shall
apply:
A. For trees with a DBH equal to or greater than four inches and less
than 16 inches, replacement shall be based upon the percentage of
the trees removed as set forth below:
Percentage of Trees Removed from Entire Development
|
Percentage of Trees to be Replaced with Trees of Minimum
Size 2.5 Inch Caliper
|
---|
80% to 100%
|
80%
|
60% to 79%
|
60%
|
40% to 59%
|
40%
|
20% to 39%
|
20%
|
Less than 20%
|
10%
|
B. For trees with a DBH equal to or greater than 16 inches, the removed
tree shall be replaced:
Existing Tree to be Removed
(inch caliper)
|
Number of Replacement Trees
(minimum size 2.5 inch caliper)
|
---|
Less than 18
|
3
|
Less than 21
|
4
|
Less than 24
|
5
|
Less than 27
|
6
|
Less than 29
|
7
|
Less than 31
|
8
|
Less than 33
|
9
|
Less than 35
|
10
|
Less than 37
|
11
|
Less than 39
|
12
|
Less than 40
|
13
|
Less than 41
|
14
|
41 inches or greater
|
15
|
C. The species or type of replacement tree, the mix of replacement tree
types and the manner of planting shall be in accordance with the best
practices guidelines established by the Shade Tree Commission and
as approved by the Planning and Zoning Board.
D. Any trees proposed in the landscaping plan may be credited toward
the number of replacement trees, provided such trees are at least
2.5 inches in caliper in the case of deciduous trees or at least six
feet or greater in height in the case of evergreen or coniferous trees.
An application for a permit for removal of trees where site
plan and/or subdivision approval or a building permit is not involved
shall be made directly to the appointed officer and shall contain
the name of the applicant, location of the property, a plot plan as
aforesaid, including a statement of what trees would be removed, and
the purpose for which the application is being made, including but
not limited to the following: clearing for agricultural use, harvesting
of timber, fire protection, private parks, scenic improvement, hardship
or danger to adjacent property, removal of trees for growth in other
locations, and installation of utilities or sewer lines after, and
only after, permits for the same have otherwise been obtained.
In determining whether to approve or disapprove an application
pursuant to this article, the following criteria shall be considered
by the appointed officer or board, as applicable:
A. The appointed officer or board shall inspect or otherwise learn about
the trees which are under consideration and shall similarly check
the soil, drainage, and other pertinent conditions. Said officer or
board shall consider protection of trees to remain on the property
during and after construction and grading and shall consider also
whether the destruction or removal of trees would result in soil erosion,
would impair existing drainage patterns, would adversely affect adjacent
properties by removal of screening or in other ways, or would impair
substantially the aesthetic values of the area. Consideration shall
be given also to preservation of trees of special interest because
of size, species, or historic connection.
B. In addition, for preservation of trees in the land grading operation,
including lowering, raising, and filling land areas, the following
standards shall be met unless modified in specific cases or in general
by the appointed officer or board, as applicable, with consideration
for tree species and conditions of soil, drainage, slope and other
factors:
(1) Roots beneath the crown of a tree shall not be bared.
(2) Root areas of a tree shall not be reduced nearer to the base of the
tree than the area of the crown of the tree.
(3) The surface beneath a tree shall not be raised with soil or other
material, permanently or temporarily, for more than six inches unless
the tree is welled in and provision is made for the well to drain
to the outer reaches of the crown of the tree or to the natural ground
surface if that is nearer. Design of wells must have approval of the
appointed officer or board. The appointed officer or board, as applicable,
shall have authority to affix reasonable conditions to the grant of
a permit concerning trees.
The appointed officer may require performance bonds according
to the size and nature of projects to be administered by the Township
according to this article for preservation of trees, control of erosion
and sedimentation, and disposal of topsoil.
When filing an application for tree removal, the applicant shall
pay a fee according to the following schedule:
A. For transplanting a tree in a living condition: no fee.
B. With a building permit, subdivision or site plan approval: no fee
over and above the fee required for the building permit, subdivision
or site plan approval.
C. Without a building permit, subdivision or site plan approval: $25.
D. For clearing land of trees: $500 per acre and part thereof.
Whenever any application for a tree removal permit shall be
denied by the appointed officer, the applicant may appeal the denial
to the Franklin Township Manager, who may modify, affirm or reverse
the decision of the appointed officer.
Each application for tree removal or land disturbance permit
shall be deemed to be authorization by the applicant for the appointed
officer, the Department of Engineering and Public Works, the Shade
Tree Commission, the Department of Planning and Zoning, the Soil Conservation
District, and the Bureau of Forestry of the state, or a representative
of any one of them, to enter upon the land referred to in the application
for inspections contemplated by this article, for both consideration
of approval and review of operations if approval is granted. If the
applicant is not the owner of the land, said applicant shall furnish
with the application a sworn authorization from the owner for such
entry.