This article shall be known and designated as the "Tree Removal
Ordinance" of the Township.
The purpose of this article is to control and regulate indiscriminate
and excessive removal, cutting and destruction of trees upon tracts
of land, and to control, regulate and prevent conditions which cause
increased surface drainage, siltation, sedimentation and soil erosion,
and decreased soil fertility; create dust and mosquito breeding places;
impair the stability and value of real estate; all of which conditions
are, and will, in the future, be a deterrent to the public safety,
health and general welfare.
As used in this article, the following terms shall have the
meanings indicated:
APPLICANT
Any person, as defined below, who applied for approval to
remove trees regulated under this article.
APPROVING BOARD/LAND USE BOARD
The Township Planning Board or Township Zoning Board of Adjustment,
pursuant to the jurisdictional criteria set forth in N.J.S.A. 40:55D-1
et seq.
CALIPER
The diameter measurement of a nursery tree measured at 12
inches above the root flare.
DIAMETER AT BREAST HEIGHT (DBH)
The diameter of the trunk of a tree generally measured at
a point 4 1/2 feet above ground level from the downhill side
of the tree.
ENFORCEMENT OFFICER
Individual appointed by the Mayor, or, in absence of an appointment,
the Construction Official or Township Engineer, in charge of enforcing
this article.
LOT or PARCEL OF LAND
Any lot or parcel of land as shown and designated on the
official Tax Map of the Township, or any combination of such contiguous
or adjacent lots or parcels of land.
PERSON
Any individual, corporation, partnership, firm, association,
political subdivision of this state, and any state, interstate or
federal agency.
REPLACEMENT TREE
A nursery-grown certified tree, properly balled and burlapped
and marked with a durable label indicating genus, species and variety,
having a minimum caliper of 2 1/2 inches for deciduous trees
and a minimum height of eight feet for conifers.
SILVICULTURE
The management of any forested 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.
SITE PLAN
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot; the location of all
existing and proposed buildings, structures and site improvements;
and any other information that may be reasonably required in order
to make an informed determination pursuant to an ordinance requiring
review and approval of site plans by the Planning Board or Zoning
Board of Adjustment.
SLASH
The forest debris remaining after a tree removal operation.
SPECIMEN/LANDMARK TREE
Any tree with a DBH of 16 inches or greater. Exceptions will
be made based on species, health or conditions as determined by the
Township Engineer.
SUBDIVISION
Any tract of land which is hereafter subdivided into two
or more parcels along an existing or proposed street, highway, easement
or right-of-way, for sale or for rent as residential lots or residential
building plots, regardless of whether or not the lots or plots to
be sold or offered for sale or leased for any period of time are described
by metes and bounds or by reference to a map or survey of the property
or by any other method of description.
THINNING
The removal of undesirable, competitive, diseased or damaged
trees so as to cultivate and improve the development of remaining
trees on a lot, as approved by the Township.
TREE
Any deciduous or coniferous species which reaches a typical
mature height of 25 feet and a typical mature DBH of five inches or
greater.
TREE REMOVAL
To remove, cut down, or otherwise kill or cause irreparable
damage that leads to the decline and/or death of a tree. This includes,
but is not limited to, excessive pruning, application of substances
that are toxic to the tree, and improper grading and/or soil compaction
around the base of the tree that leads to the decline and/or death
of a tree. Removal does not include responsible pruning and maintenance
of a tree, or the application of tree treatments intended to manage
invasive species.
TREE REMOVAL PERMIT
A permit to remove trees issued by the administrative officer
after review and approval of application for removal and replacement
of trees in accordance with the provisions of this article.
TREE REPLACEMENT PLAN
A plan for replacement of removed trees in accordance with
the provisions of this article.
Except as provided by the terms and conditions of this article,
no person shall cut, destroy or remove any tree located within the
confines of the Township that has a DBH of five inches or greater.
Permits granted for the removal of trees under the terms and
conditions of this article shall run with the land, and shall remain
in force and effect for the following periods of time, and not thereafter.
A. If granted for a lot or parcel of land for which no building permit
is required: one year from the date of issuance.
B. If granted for a lot or parcel of land for which a building permit
is required, but for which no site plan approval is required by the
Township Planning Board: until expiration of the building permit granted
with such tree removal permit.
C. If granted for a lot or parcel of land for which site plan approval
from the Township Planning Board is required as a condition precedent
to obtaining a building permit: until expiration of the site plan
approval, or expiration of the building permit issued after such site
plan approval.
D. If granted for a lot or parcel of land for which minor (exempt) subdivision
is sought: one year from the date of granting of such minor subdivision.
E. If granted for a lot or parcel of land for which tentative approval
of a major subdivision is sought: until expiration of such tentative
approval.
F. Prior to the issuance of the certificate of occupancy, the Construction
Code Official shall receive a release from the enforcement officer
or his or her designee that all trees to be retained and all trees
to be replaced under the tree removal permit are, in fact, in existence
and that all debris/slash generated as a result of these activities
has been removed.
In the event of a failure to comply with any of the terms and
conditions of this article, the enforcement officer of this article,
either on his own initiative or upon recommendation of the Planning
Board of the Township, shall revoke any tree removal permit or permits
granted hereunder, building permits, certificates of occupancy, as
the case may be, or issue such stop orders, as the case may be, and
seek to enjoin any such failure or violation through a court of competent
jurisdiction, or to take such other steps as may be authorized and
permitted by law to correct such violation or enforce implementation
of the terms and conditions of this article.
Any person or developer of subdivisions or site plans claiming
that they have conducted tree removal operations that are in substantial
conformance with the terms of this article prior to the date of its
enactment may, within 60 days after the final adoption of this article,
make application to the Planning Board for a certificate of prior
use. The Planning Board shall, within 90 days of the date of receipt
of such an application, cause the premises to be inspected to determine
that any tree removal project is in substantial conformity with the
terms of this article, and such determination shall serve as a certificate
of prior use relieving the applicant of an obligation to secure a
tree removal permit for continued operations of said tree removal
project. Failure of the Planning Board to act within the time specified
shall be deemed to be an approval of the request for a certificate
of prior use. Any person who does not file for such certificate within
60 days of the date of this article shall conclusively be presumed
to be bound by the terms of this article.
An applicant may appeal to the Township Planning Board from
a decision of the enforcement officer denying a tree removal permit
or from any other action or requirement of the enforcement officer
under the terms of this article. Said appeal shall be made within
30 days of the date upon which notice of denial or other action of
the enforcement officer is served upon the applicant. The Planning
Board shall consider the findings of the enforcement officer and the
testimony of the applicant and may thereafter take the following actions:
A. Affirm the decision of the enforcement officer.
B. Overrule the decisions of the enforcement officer and direct that
a tree removal permit be issued.
C. Overrule the decision of the enforcement officer denying the permit
but conditioning the issuance of said permit upon the satisfaction
of such conditions as the Planning Board shall impose.
D. In special circumstances and upon a showing of good cause by the
applicant, waive a requirement of this article where said waiver will
not frustrate the basic intent and purpose of this article.