[Adopted by Ord. No. 2-95; amended in its entirety by Ord. No. 24-96 (Ch. 13A of the 1978 Revised General Ordinances)]
A.
The Municipal Council of the Township of Denville does herein decide
and find that woodlands are an important cultural, ecological, scenic
and economic resource. Proper management of this resource will insure
its maintenance for all forest benefits, i.e., watershed protection,
wildlife habitat, recreational aspects, aesthetics and wood and fiber.
B.
The woodlands must be preserved, protected, enhanced and maintained.
A forestry program is intended to meet these objectives by providing
opportunities for the continuing uses of the Township's forest resources
which are compatible with the maintenance of the environment. This
can be accomplished by the improvement of the forests through the
application of sound management practices.
As used in this article, the following terms shall have the
meanings indicated.
A person, partnership, corporation or other legal entity,
or a public agency requesting permission to remove trees pursuant
to this article.
A forester registered with and approved by the New Jersey
Bureau of Forest Management.
Logs, pulpwood, veneer, boltwood, wood chips, stud wood,
poles, pilings, biomass fuel wood, fuel wood or other products commonly
known as forest products, but does not include Christmas trees, maple
syrup, nursery products used for ornamental purposes, wreaths, bough
material, cones or other seed crops.
The profession embracing the science, business and art of
creating, conserving and managing forests and forest lands for the
continuing use of their resources.
The cutting or removal of trees for the primary purpose of
selling or processing forest products.
Any lot or parcel of land shown and designated on the official
Tax Map of the Township, or any combination of such contiguous or
adjacent lots or parcels of land.
The owners of the subject party, all owners of real property
as shown on the current tax duplicates, located in the state and within
200 feet in all directions of the subject property and any governmental
agency.
Any individual, firm, association, syndicate, partnership,
corporation or other legal entity.
Any woody perennial having a diameter greater than four inches,
measured at a point 4 1/2 feet above the ground, (diameter breast
height).
The removal, cutting down or other destruction of a tree
or of trees.
No person shall cut, remove or harvest any tree upon any lands
within the Township for commercial or agricultural purposes or undertake
any work for which a permit is required pursuant to this article,
unless a valid permit therefor is in effect and is displayed in accordance
with the provisions of this article; such removal or work shall constitute
a violation of this article and shall subject the person or entity
violating this article to all penalties provided herein.
Excepted from this article shall be:
A.
Any tree located on a parcel of land five acres or less in size on
which a residence has been constructed.
B.
Any tree growing on property actually being used as a nursery, garden
center, Christmas tree plantation or an orchard.
C.
Any tree growing on a public right-of-way and removed by order of
the public authority.
D.
Any dead, diseased or other tree that is likely to endanger life
or property.
A.
Any person desiring to cut, remove or harvest any tree for commercial
or agricultural (woodland harvested) purposes shall apply to the duly
appointed officer of the Township of Denville for a permit application
which shall be signed by the applicant and owner, if different, and
shall include the following information:
(1)
A harvesting plan prepared by an "approved forester," together with
a map which details the harvesting practices proposed to be employed,
including, but not limited to, the following:
(a)
Location and size of tracts, block and lot numbers, together
with the existing and proposed location of structures and improvements,
if any;
(b)
Owner's name and address: property owners within 200 feet;
(c)
Map of the property showing wetlands, types of vegetation cover,
area to be harvested, location of stream crossings and alternatives,
location of skid trails, location of access roads and landings, cutting
boundaries, and size of filter or buffer strips and topography;
(d)
Description of area to be harvested must include acreage, general
soil types and erodibility, range of percent of slope, timber quality,
(forest type, species type, DBH, height, volume and reproduction),
and understory;
(e)
Description of timber to be harvested (estimated number of trees,
species, diameter class and volume) and the cutting method or silvicultural
method to be employed;
(f)
Description of regeneration plans;
(g)
Description of intermediate management practices to be applied
during and after harvesting;
(h)
Location of significant stands or clusters of trees to be harvested;
(i)
Identity of trees of historical significance, unusual size or
age or rare and endangered species;
(j)
Identity of municipal roads to be used for removal; such use
of roads to be authorized by the Township Engineer and the traffic
safety officer of the Police Department;
(k)
Measures to be taken to protect any underground aquifer;
(l)
A recycling plan for stumps resulting from the harvesting activity
which is not otherwise intended for use by the applicant or owner
and which are intended to be removed from the forest, with weight
slips to be provided to the Township within 15 days of the expiration
of the permit;
(m)
Days and hours of operation; permitted times are Monday through
Saturday from 8:00 a.m. to 5:00 p.m. only; and
(n)
A statement showing how trees not proposed for removal are to
be protected during harvesting.
B.
Requirement of bond. In addition to the above requirements at the
time of filing the application, the applicant shall post with the
Township Clerk a performance bond equal to 10% of the value or anticipated
value of the sale of the timber to be harvested or $1,000, whichever
number shall be greater. The enforcement officer shall have the right
to reduce the amount of bond required if, in his opinion, the harvesting
operation will not cause any or only minimal adverse impact upon any
public or private property. Said bond may be deposited in cash, by
certified check, or by an irrevocable letter of credit in a form satisfactory
to the Township Attorney. If the bond is posted in cash or certified
check, it shall be deposited with the treasurer of the Township. The
Township shall not be obligated to account for any interest or pay
any interest to the applicant. The proceeds from said bond shall be
used to repair any damage done to public or private property as a
result of the harvesting operation and which is not repaired by the
applicant. Upon completion of the harvesting operation for which the
permit was granted and issuance of written authorization for release
of the bond by the enforcement officer, said bond or the balance of
the same shall be released to the applicant. Nothing herein shall
restrict the liability of the applicant for any damage caused directly
or indirectly as a result of the harvesting operation.
C.
Insurance. In addition to the above requirements, the applicant shall
submit a certificate of insurance at the time of the filing of the
application, which certificate shall certify that the applicant and
any contractors to be hired by him have in effect such public liability
and property damage insurance as shall protect him, the contractor
and the Township of Denville from any and all claims for damages for
personal injury, including accidental death, as well as from claims
for property damage which may arise from the work to be carried on
under the permit. The amounts of such insurance shall be not less
than the following:
Forest vegetation represents a unique and financially valuable
part of the essential character of the Township. If properly managed,
forests perpetuate the overall ecological value of the Township. Proper
protection will be taken to maximize forest land values and provide
for the environmental integrity of the Township. Forestry shall be
authorized provided:
A.
That there be no clear cutting. Selection system and the group selection
system are acceptable harvesting techniques. Regardless of which tree
harvesting system is employed, it remains acceptable to remove dead
or diseased trees.
B.
That access to land proposed for harvesting:
(1)
Follows previously established roads and trails to the extent practical;
(2)
Avoids wetlands areas, except as is absolutely necessary to harvest
wetland species or to gain access to the harvesting site; and
(3)
Avoids crossing streams with high and unstable banks and those with
approaching slopes exceeding 10%.
C.
That tree harvesting does not occur within 150 feet of adjacent property
lots.
D.
A soil erosion and management plan showing that all activities during
and after harvesting are carried out in a manner to avoid damage to
stream banks and bottoms, erosion and degradation of water quality,
including the following:
(1)
Stream banks at crossings shall be stabilized during and after harvesting;
(2)
Culverts and bridges shall be temporary in nature;
(3)
Trees which serve to stabilize stream banks shall be retained;
(4)
A one-hundred-foot vegetated buffer along streams, ponds and wetlands
shall be maintained;
(5)
The use of active and intermittent stream channels for skidding of
logs shall be prohibited;
(6)
Skidding shall not occur within 100 feet of streams, ponds, lakes
and wetlands, except for necessary crossings;
(7)
Accessways for forestry activities shall be located at least 100
feet from streams, ponds, lakes and wetlands;
(8)
Landings shall be located in well drained areas and at least 100
feet from ponds, lakes, and wetlands;
(9)
Filter strips shall be located between harvested areas, landings
and skid trails, and streams, ponds, lakes and wetlands;
(10)
Water diversion devices shall be installed as necessary to control
erosion and shall be discharged to siltation basin(s);
(11)
Roads and skid trails shall be kept out of wet and poorly drained
spots;
(12)
Harvesting on slopes exceeding 30% shall be prohibited; and
(13)
Slopes of 15% to 30% shall be protected.
E.
That the applicant notifies the Township and all residents within
200 feet of when harvesting will commence.
F.
That trees to be removed are identified by double marking, base and
DBH, prior to field inspection; that only those trees which have been
marked selected for removal are cut; that all trees are cut to the
base; and all practical steps are taken to minimize damage to undesignated
trees; that protective barriers are erected where necessary to prevent
damage to a tree that is not to be removed, such barriers to be erected
before work starts and removed upon completion.
G.
That at the conclusion of any harvesting operation:
(1)
All areas disturbed for access, processing, moving or loading trees
shall be regraded to approximate natural slopes and that water diversion
devices are installed as necessary in order to avoid erosion;
(2)
All accessways shall be closed and devices installed such as poles,
pilings or beams that will preclude use of the accessway;
(3)
Bare ground areas shall be stabilized with vegetation;
(4)
All debris shall be removed from streams;
(5)
All non-vegetative refuse shall be collected and removed;
(6)
All sawlogs and firewood product shall be removed prior to the expiration
of the permit except that firewood may be left to season for up to
two years and all remaining vegetative refuse and by-products of the
harvesting operation shall be cut into lengths not to exceed six feet
and left as much as possible in contact with the forest floor; and
(7)
All hanging and severely damaged trees shall be removed.
H.
That harvesting and reforestation activities shall promote the regeneration
of the harvested forest according to best management practices.
I.
That proposed activity does not involve the drainage, filling or
damage to wetlands, except as may be specifically authorized by NJDEP
permit.
J.
That the applicant shall secure any prior approvals or permits from
other agencies, (e.g., NJDEP), having jurisdiction.
K.
That, unless proven necessary, staging areas shall not be closer
than 150 feet to any public road center. "Necessary" means that no
other area is available due to topography, soil conditions or having
unfavorable effects on the woodlot. Loading of trucks is permitted
at the roadside and a loading area must be constructed off the roadway
where possible. Roads must be protected from soil tracking. After
the cutting operation is complete, any road modifications and changes
in the right-of-way shall be restored.
L.
That all stumps being removed from the forest are recycled and that
weight slips are submitted to the Township within 15 days of the expiration
of the permit.
M.
All activity pursuant to a permit for tree harvesting must commence
within one year from the date of issuance or the permit shall be null
and void.
N.
Any tree harvesting permit shall become void upon the granting of
final subdivision or site plan approval for the subject property and
thereafter all tree removal shall be in accordance with the approval
granted by the Planning Board or Zoning Board of Adjustment.
A.
In all cases, the application shall be field-checked with an on-site
inspection by the enforcement officer, or his designee, prior to issuance
of a permit.
B.
The enforcement officer may consider significant adverse impact in
the following areas on the natural environment in granting a permit
and may deny the permit if any of the following conditions exist:
significant adverse effect upon ground and surface water quality,
specimen trees, soil erosion, dust and reusability of land.
C.
Basis for denial. The enforcement officer, where appropriate, upon
a determination that an application is to be denied, shall state the
basis for such denial specifically and shall notify the applicant
of the criteria upon which said denial is predicated.
Work shall be performed in compliance with the submitted harvesting plan and shall adhere to the standards set forth in § 535-16 of this article. Any change will require the submission of a new or revised harvesting plan. The permit shall be valid for a period not to exceed one year. Permits not used within this period will become null and void, and future work will require a new application. A permit may be renewed for periods of one year 60 days prior to expiration provided the applicant is operating in compliance with the submitted harvesting plan and is adhering to the standards set forth in § 535-16 of this article. At the time of renewal of a permit, the bond amount pursuant to § 535-15B shall be recalculated and increased or decreased as necessary. For purposes of this section, a permit shall no longer be valid when the work authorized by the permit is completed.
A.
The zoning official shall be the enforcement officer for purposes
of this section. Plans shall be reviewed by an "approved forester"
selected by the Township. All plans shall be approved by the enforcement
officer.
B.
The zoning official shall periodically inspect the project.
C.
The zoning official may, on his own initiative or on complaint of
any individual, take action to ensure compliance with this article.
D.
The Township shall have the right to retain an approved forester
to inspect the project prior to completion.
A fee as set forth in Chapter 245, Fees, Rates and Charges, shall be submitted with all applications for a permit pursuant to this article. No application will be processed until the fee has been paid to the Township.
The applicant shall prominently display on the site the permit
issued. Such permit shall be displayed continuously while trees are
being removed or replaced or work done as authorized on the permit
and for 10 days thereafter. In addition, the person or persons cutting
or removing trees if other than the applicant, shall carry with him
authorization from the owner or applicant authorizing such person
to cut or remove trees. As a condition for the issuance of the permit,
the applicant shall agree in writing to the entry onto his premises
by representatives of the Township and all law enforcement officers
to inspect the permit at any time, and such entry shall be lawful.
Failure to allow such entry shall be unlawful and shall constitute
a violation of this article and shall constitute failure to display
the permit as required under this section.
In the event of a failure to comply with the submitted harvesting plan or to adhere to the standards in § 535-15 or to comply with any of the terms and conditions of this article, the enforcement officer of this article shall revoke any permit or permits granted hereunder 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. The stop-work order shall remain in effect until the enforcement officer has determined that resuming work will not violate the conditions of the submitted harvesting plan.
Any party immediately concerned who is aggrieved by the decision
of the enforcement officer may, pursuant to the provisions of this
article, appeal the decision within 10 days to the Township Council.
Any appeal shall be upon written notice, and the Township Council
shall proceed to hear the appeal upon notice to the applicant, but
within 30 days after the filing of the appeal. Upon complete review
of the application and after hearing the testimony of relevant municipal
officials, the applicant and the applicant's experts, if any, the
Township Council may affirm, reverse or modify the aforesaid decision.
