[Ord. No. 12-14-82 § 83A-1]
The purpose of this chapter is to control and regulate indiscriminate
and excessive removal, cutting, harvesting and destruction of trees
and to control, regulate and prevent conditions which cause increased
surface drainage, sedimentation and soil erosion, cause decreased
soil fertility and impair the stability and value of real estate,
all of which conditions are, and will be in the future, a deterrent
to public safety, health and welfare.
[Ord. No. 12-14-82 § 83A-10]
As used in this chapter:
AGRICULTURAL USE
Which is devoted to the production for sale of plants and
animals, including but not limited to forages and sod crops; grain
and feed crops; dairy animals and dairy products; poultry and poultry
products; livestock, including beef cattle, sheep, swine, horses,
ponies, mules or goats, including the breeding and raising of any
or all such animals; bees and apiary products; fur animals; or when
devoted to and meeting the requirements and qualifications for payments
or other compensation pursuant to a soil conservation program under
an agreement with an agency of the Federal government.
APPROVED PLAN
A tree removal plan which has been approved by the Planning
Board, Board of Adjustment, and any other State or County agency as
required by law.
COMMUNITY BUILDINGS
Schools, churches, clubs, lodges or any such building used
by any organized group or by the public generally, or any other County
or State agency as required by law.
PREFERRED TREES
Trees recommended by the Bureau of Forest Management as best
adopted to the climate, soil and topography of the Township. A list
of such trees shall be kept on file for the use and guidance of persons
presenting plans for tree planting.
RELEVANT LAND
Any contiguous real property, owned by the same owners, five
acres or more in size. Property shall be deemed to be owned by the
"same owners" if an owner of one parcel owns, legally or beneficially,
through a partnership, corporation or other entity, 10% or more of
an abutting parcel of property, or if an owner of 10% or more of one
property or ownership entity owns 10% or more of an abutting property
or, through an ownership entity, 10% or more of that entity.
TREE
Any perennial plant having a diameter greater than four inches,
measured at a point 4 1/2 feet above the ground (diameter breast
height).
TREE REMOVAL PLAN
A plan of tree removal and/or planting prepared by the New
Jersey Bureau of Forest Management, a forestry consultant who is a
graduate of forestry school accredited by the Society of American
Foresters, a landscape architect or similarly qualified person.
[Ord. No. 12-14-82 § 83A-2]
No person shall farm, harvest, cut or remove any tree upon any
relevant land within the Township unless the removal, cutting, harvesting
or farming is done in accordance with regulations and provisions of
this chapter.
[Ord. No. 12-14-82 § 83A-3]
A. No person shall cut, remove, harvest or farm any tree
upon relevant land within the Township without first obtaining an
approved plan.
B. A tree removal plan shall be filed with every application
relating to relevant land before the Planning Board or Board of Adjustment
for approval of a subdivision, resubdivision, site plan, planned development,
conditional use or zoning variance or prior to any other development
requiring tree removal or planting, except as otherwise provided in
this section.
C. Where preliminary approval of a subdivision, resubdivision,
site plan or planned development has been granted, a tree removal
plan must be submitted to the Planning Board, or Board of Adjustment
as applicable, incidental with filing for final approval. Nothing
in this requirement shall abrogate any vested subdivision rights acquired
by preliminary approval.
D. When final approval of a subdivision, resubdivision,
or planned development has been granted by the Planning Board or Board
of Adjustment but where tree removal has not yet been undertaken on
the subject property, a tree removal plan shall be filed with the
relevant Board within 60 days of the passage of this chapter. Nothing
in this requirement shall abrogate any vested subdivision rights acquired
by final approval.
E. No building permit with respect to relevant land shall
be issued for the construction of any residential, commercial, industrial,
recreational or community buildings or accessory buildings unless
and until the developer, building or owner files with the Construction
Code Official a tree removal plan and obtains approval or submits
a plan previously approved by the Board of Adjustment or Planning
Board.
F. No certificate of occupancy with respect to relevant
land shall be issued unless tree removal has been in accordance with
the approved plan and all trees required to be planted have been planted
in accordance with the approved plan or a bond guaranteeing that planting
has been posted with the Township Clerk. A performance bond may be
required by the Township Engineer in the site plan. Posting of a bond
may be waived for applicants applying to the Construction Code Official
or as otherwise provided in this section.
[Ord. No. 12-14-82 § 83A-5]
Any applicant for major subdivision or site plan approval shall
be required to submit for approval:
A. Tax Map, lot and block number.
C. Location of trees or wooded area.
D. Number of trees or percent of stocking (trees per acre).
F. General slope and topography, taken from a recognized
map of such features.
G. Location of streams and wetlands.
H. Map of locations and surrounding properties showing
wooded areas.
I. A list of trees to be planed, preferably selected from
preferred species.
J. Tree removal plan and tree planting plan in relation
to principal and accessory buildings and septic systems, roads and
driveways, parking lots, garden areas, etc., showing also the relation
to survey stakes.
L. Location of roads, driveways, parking lots, staging
areas, recreation areas and garden areas.
N. Schedule for tree removal and planting.
O. Provision for removal of excess stumps and branches
from the property.
P. Map, as applicable, showing number of trees to be harvested,
location of proposed loading dock, staging areas, area to be harvested
and streams with crossings.
Q. Description of soils and soil capabilities.
R. Wildlife conditions and projections.
S. Description of tree quality.
T. Description of stock and goals with management.
U. Description of silvicultural prescriptions to be applied.
V. Estimate of product removal.
X. Method of location of major skid trails and related
technical items.
[Ord. No. 12-14-82 § 83A-4]
Under this subsection, the following trees may be removed without
filing a plan:
A. Any tree which is part of a cemetery.
B. Trees directed to be removed by municipal, County or
State authority pursuant to law.
C. Any dead or diseased tree or any tree that endangers
life or property.
[Ord. No. 12-14-82 § 83A-7; Ord. No. 3-1-83]
A. No permits are required in connection with obtaining
an approved plan.
B. All applications for an approved plan shall pay each
of the following applicable fees to the Township Clerk:
(1) New construction and site plan approval: a filing fee
of $5; and, if applicable.
(2) Major and minor subdivision, use variance filing fee:
$1 per lot with a minimum fee of $5; and, if applicable.
(3) Industrial and commercial properties filing fee:
(a)
For the first 20,000 square feet of lot or fraction
thereof; $5.
(b)
For each 10,000 square feet thereafter or fraction
thereof; $2 with a maximum fee of $25.
(4) Inspections by the enforcing officer or agency with
respect to approval or enforcement of tree removal plans: $10 per
acre or portion thereof but no greater than $300.
C. The owner or applicant shall reimburse the Township
for all costs of expert advice and technical assistance obtained in
connection with an application for an approved plan or enforcement
thereof.
[Ord. No. 12-14-82 § 83A-6]
A. Trees on a proposed building site or within 30 feet
around a building site may be removed but not to exceed sideline and
setback requirements.
B. Trees may be removed where the proposed paved portion
of a parking area is planned. In off-street parking areas, other than
for a single residential dwelling, islands of trees must be left in
the manner required by the Planning Board, Board of Adjustment or
by governmental regulation. No paving of any impervious nature shall
be placed around the base of the trunk of the tree within 10 feet,
and the grade shall be such that drainage of rainwater will keep the
root area watered without pooling or exceeding the requirements of
the species. Excess water shall be admitted to dry wells or storm
sewers on the parking lot or drained by acceptable means.
C. Trees may be removed in private rights-of-way and driveways
within 10 feet of each side of the planned paved area. Alignment of
the driveways should be planned to save as many trees as possible.
D. If no area other than a wooded area or area with trees
can be found to accommodate the sewerage system, disposal field or
well meeting the approval of the Health Department, necessary tree
removal shall be permitted.
E. Where more than three inches of fill is required around
trees, the trees must be protected by an air well six feet in diameter
or as needed around the trunk to prevent the intrusion of soil. Tile
pipe must radiate like spokes from the well to provide oxygen to the
roots. The top of the well must extend six inches above the graded
level. If the tree is a species that will eventually die due to root
disturbance or change in drainage or the owner prefers to remove the
tree, it may be removed and replaced with another tree from the preferred
trees in another or the same area after the fill has stabilized.
F. Any grading must protect standing trees from machine
operation, soil storage or material storage by a distance equal to
or greater than the drip line of the tree. Any tree damaged must be
replaced.
G. Any tree used in a required planting or to replace a
damaged tree must be at least 2 1/2 inches in diameter measured
three feet from the ground (diameter breast height), and must be nursery
stock, balled and burlaped.
H. A buffer zone of trees and shrubs shall be established
according to the requirements of the Planning Board, Board of Adjustment
or by governmental regulation.
I. Cluster development, commercial development and industrial
development shall consider the use of treeless areas, if possible,
for building sites. If it is necessary to develop wooded areas or
remove trees for proposed building sites in the case of such developments,
the Planning Board may require tree planting in treeless areas, if
feasible.
J. Trees in the area between the street line and the setback
line of the buildings shall be preserved to the greatest extent possible.
K. Tree removal from any slope or environmentally sensitive
area is prohibited if it will contribute, in the opinion of the Planning
Board or the Township Engineer, to extra run-off or surface water
onto adjoining property and erosion and siting, unless other means
approved by the Morris County Soil Conservation District are provided
to prevent run-off and erosion.
L. No tree removal is permitted that will expose vacant
land, backs of existing billboards, utility substances, transmission
towers, warehouses, junkyards, landfill operations and other similar
structures or operations except where trees are dead or diseased and/or
endanger life or property. However, vacant land may be exposed if
it is necessary to remove trees for building sites or sewerage sites
and more aesthetic values are established.
M. No healthy tree that is special by virtue of history,
unusual size or age or of a rare species shall be removed except as
may be required for the protection of health, safety or public welfare.
N. No trees on public rights-of-way, parks or public areas
are to be removed by private individuals or utilities except as approved
by the Shade Tree Commission and/or Planning Board. The removal of
trees shall not be permitted from the master plan road right-of-way
unless trees are dead or diseased or endanger life or property or
a letter of approval is obtained from the Township Council or Township
Engineer.
O. Trees may be removed to clean for soil removal or backfill,
provided that the same amount of wooded area or the same number of
trees are replaced according to an approved plan. If the finished
operation is planned to be used for other development, the replacement
of trees shall be a part of the subdivision plan or a site plan submitted
for approval by the Planning Board.
P. Unless proven necessary, staging areas shall not be
closer than 150 feet to any public road center. Necessary shall mean
that no other area is available due to topography, soil conditions
or unfavorable effect on the woodlot is certified by the consulting
forester. Loading of trucks is permitted at the roadside and a loading
area must be constructed off the roadway where possible. After the
cutting operation is complete, any road modifications and changes
in the right-of-way must be restored.
[Ord. No. 12-14-82 § 83A-8]
A. The Construction Code Official shall be the enforcing
agency for all approved plans.
B. The Construction Code Official or the Code Enforcement
Officer may, on his own initiative or on complaint of any individual,
take action to assure compliance with this chapter.
C. The Construction Code Official authority or the Code
Enforcement Officer has to act as herein provided and may request
expert assistance.
[Ord. No. 12-14-82 § 83A-9]
Any person aggrieved by the decision of any officer, board or
body may, pursuant to the provisions of this section, within 10 days
of receipt of such decision appeal to the Township Council. Such appeal
shall be taken by filing a written notice of appeal with the Township
Clerk, which notice of appeal shall set forth with particularity the
action appealed from. The Township Council shall set a time for the
hearing of the appeal and, after a hearing has been held, may reverse,
modify or affirm the decision appealed from.