As used in this chapter, the following terms shall have the
meanings indicated:
CALIPER
Customary measure of tree size for trees to be newly planted.
The measurement is taken six inches above the ground for trees four
inches in diameter or less and 12 inches above the ground for trees
over four inches in diameter.
CLEAR CUTTING
The removal of all standing trees on a lot or a portion of
a lot.
DIAMETER AT BREAST HEIGHT (DBH)
Diameter of a tree measured 4 1/2 feet (known as the
forestry method) above the ground level on the downhill side for existing
trees.
DRIP LINE
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;
and within which no construction or disturbance shall occur.
REPLACEMENT TREE
A nursery-grown, certified tree, properly balled with dirt,
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.
SELECTIVE CUTTING
The removal of larger trees on an individual basis while
leaving trees of lesser size.
SHADE TREE COMMITTEE (STC)
The public body charged with managing the natural resources
of the Township of Mount Holly to include trees. The STC or its designee
shall review, grant or deny all tree removal permits.
SILVICULTURE
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.
THINNING
The removal of undesirable, competitive, diseased or damaged
trees so as to cultivate and improve the development of remaining
trees on the lot.
TREE
Any self-supporting woody plant which reaches a typical mature
height of 12 feet or more at maturity and has a typical DBH of four
inches or greater.
TREE EXPERT
The designee of the Shade Tree Committee with an expertise
in trees.
WOODED ACRES PERMITTED FOR DEVELOPMENT
The wooded lands within a lot or tract which are not specifically
excluded from development by any federal, state, county or municipal
law or ordinance, deed restriction or covenant running with the lands.
For purposes of this chapter, those lands specifically eliminated
from consideration as wooded acres permitted for development include,
but are not limited to, wetlands as defined by N.J.S.A. 13:9B-1 et
seq.
The provisions of this chapter shall not apply to the following:
A. Any tree with a diameter at breast height (DBH) of less than six
inches.
B. Any tree or trees planted and grown for commercial purposes on property
used as a commercial nursery, tree farm, garden center, Christmas
tree plantations or tree orchards.
C. Trees on residential lots so long as no more than two trees of any
size are removed in any twelve-month period.
D. Trees on residential lots with a DBH of less than 12 inches.
E. Any tree which is part of a cemetery as defined by the New Jersey
Cemetery Act, N.J.S.A. 45:27-1 et seq., or its successor acts.
F. Trees directed to be removed by municipal, county, state or federal
authority pursuant to law, or any tree growing on or over a public
right-of-way that is deemed to be a hazard by the Township Department
of Public Works, subject to notification of the Shade Tree Committee
or designee.
[Amended 7-13-2020 by Ord. No. 2020-11]
G. Any tree growing on or over a public right-of-way or public land
that is not otherwise deemed to be a hazard subject to approval by
the Shade Tree Committee or designee. Tree removal on public land
will be subject to tree replacement requirements as specified in this
chapter upon request by Shade Tree Committee or designee.
[Amended 7-13-2020 by Ord. No. 2020-11]
H. Pruning or removal of trees within the right-of-way by utility companies
for maintenance of utility wires or pipelines and the pruning of trees
within sight easements. Removals by utility companies are subject
to approval by the Shade Tree Committee or designee and upon request
of Shade Tree Committee are required to compensate the Township as
per-tree replacement provisions as specified in this chapter.
I. Those projects which have received major subdivision or site plan
approval prior to the effective date of this chapter and amended major
subdivision and site plans.
J. Any public
employee acting at the request of an abutting homeowner or municipal
directive to cut or remove a tree within the public right-of-way that
is creating a hazardous condition.
[Added 7-13-2020 by Ord. No. 2020-11]
Whenever an application for tree removal is granted under the
terms and conditions of this chapter, the following protective measures
shall be observed:
A. No material or temporary soil deposits shall be placed within the
drip line of any existing tree to be preserved.
B. Except while engaged in tree removal, no equipment shall be operated within six feet of any tree protected by this chapter nor shall such equipment be operated at any time in such a manner as to break, tear, bruise, decorticate or otherwise injure any living or dormant tree. Except while engaged in tree removal, all requirements of §
257-6 shall be observed.
[Added 7-13-2020 by Ord. No. 2020-11]
A. Any person
aggrieved by a decision of the Shade Tree Committee, or its designee,
shall have the right to appeal such decision to the Township Council.
Such appeal shall be submitted in writing to the Township Clerk within
14 days of the decision of the Committee.
B. The Township
Council shall hear the matter, upon notice to the applicant, within
30 days after the filing of the notice of appeal. The Township Council
may in its discretion and upon complete review of the application
and after hearing the testimony of the Shade Tree Committee’s
expert, the applicant and such other witnesses as may be appropriate,
reverse, modify or affirm the aforesaid decision.