[1980 Code § 193-1]
The Town of Morristown finds that indiscriminate and excessive
cutting of trees upon land has a detrimental effect on the health,
safety and general welfare of the inhabitants of the Town of Morristown
in that such activity has a substantial capacity to impair the value
of both improved and unimproved real property and increase surface
drainage and soil erosion, thereby increasing municipal costs to control
drainage, and generally impairing the natural beauty of the Town.
[1980 Code § 193-2]
As used in this chapter:
Any species of tree which the Governing Body designates as
endangered by virtue of disease or natural disappearance.
The cutting of trees for commercial gain or sale as timber,
pulp, firewood or similar use.
Any tree having individual historic significance or any trees
located on a tract or site of historic significance and so designated
by the Governing Body.
A license issued by the Construction Official or his designee
of the Town of Morristown to remove or destroy trees as defined in
this chapter.
Any living woody perennial plant having a trunk diameter
of five inches or more as measured at a point 4 1/2 feet above
the ground.
[1980 Code § 193-3]
No person, shall remove or destroy, or cause to be removed or
destroyed, any tree located upon private property in the Town of Morristown,
except as hereinafter provided, without first having obtained a permit
as required by this section.
[1980 Code § 193-3A]
No permit shall be required if the tree or trees to be removed:
a.
Is or are not being removed in conjunction with or in preparation
for any construction requiring a building permit or site plan approval.
b.
Is or are not on property covered by an approved site plan, subdivision
approval or variance either showing the existence of the tree or trees
or approved subject to landscaping or planting plan, the preservation
of trees, or the trees are in a required planting or buffer zone in
connection with the approval.
c.
Is or are not being removed as "harvesting."
d.
Is or are not designated by the Governing Body of the Town of Morristown
as historic or as endangered species.
[1980 Code § 193-3B]
Upon an application for a building permit or for site plan approval
for any construction which would cause the removal or the destruction
wholly or partially of any tree as defined in this chapter, the applicant
shall indicate upon a plot plan, which shall accompany such application,
the location of all trees and shall designate which trees, if any,
are to be removed or destroyed. A copy of such plot plan shall be
filed by the applicant with the Construction Official or his designee
and with the Planning Board when a site plan is involved. The Construction
Official or his designee shall issue a building permit whenever an
application and plot plan indicate that trees shall be destroyed or
removed only upon his approval pursuant to this chapter.
[1980 Code § 193-3C]
Application for the removal of historic trees, endangered species
or for harvesting of trees shall be made to the Governing Body of
the Town of Morristown. The application shall be on forms prescribed
by the Governing Body and shall be accompanied by 10 copies of a site
plan showing all existing trees on the subject property and indicating
those desired to be cut.
[1980 Code § 193-3D]
Prior to the issuance of a permit by the Construction Official
or the Governing Body, the lands covered by each application shall
be viewed by the Construction Official or his representative, who
shall inspect the same as to the trees which are the subject of the
application, as well as drainage and other physical conditions existing
on the property and adjacent property, and the Construction Official
or his representative shall issue the permit or recommend its issuance
to the Governing Body upon a finding that the destruction or removal
to be permitted would not impair the growth and development of the
remaining trees on the property of the applicant or adjacent properties,
would not cause soil erosion, would not impair existing drainage patterns
and would not lessen property values in the neighborhood. The Construction
Official or the Governing Body shall have the authority to affix reasonable
conditions to the granting of a permit hereunder in conformity with
the purposes set forth herein.
[1980 Code § 193-4]
No soil material, permanent or temporary, shall be placed within
three feet of any trees. Where grading may be required, trees shall
be walled in an extension tile to the outer crown of the tree. Where
possible, grading or paving shall be avoided within the deep line
of any deciduous tree.
[1980 Code §§ 98-193, 193-5; Ord. No. O-21-87]
Upon the filing of an application to the Construction Official
or the Governing Body under this chapter, the applicant shall pay
an application fee of $10 for the removal, destruction or harvesting
of trees.
[1980 Code § 193-6]
Whenever any application for a permit shall be denied by the
Construction Official, the applicant may appeal the denial to the
Town Council by filing a written notice of appeal with the Municipal
Clerk within 10 days after receiving a written notice of the denial
of such application. The Town Council shall thereafter consider the
merits of the application and may modify, affirm or reverse the decision
of the Construction Official.
[1980 Code § 193-7]
No person shall do or cause to be done any of the following
acts affecting the trees, plants, shrubbery or other ornamental flora
planted or growing naturally within the highways or public places
under the jurisdiction of the Town, except with a written permit first
obtained from the Construction Official or his designee:
a.
Cut, trim, break, disturb the roots of or spray with chemicals any
living tree or shrub; or injure, misuse or remove any structure or
device placed to support or protect any tree or shrub.
b.
Plant or remove any living tree or shrub, or climb with spikes any
living tree or shrub.
c.
Fasten any rope, wire, electric attachments, sign or other device
to any tree or shrub or to any guard about such tree or shrub.
d.
Close or obstruct any open space provided about the base of a tree
or shrub to permit the access of air, water or fertilizer to the roots
of such tree or shrub.
e.
Pile any building material or make any mortar or cement within six
feet of a tree or shrub.
f.
Change the grade of the soil within the limits of the lateral spread
of the branches of any such tree.
[1980 Code § 193-8]
Every person having control over any wire for the transmission
of an electric current along a public highway shall at all times guard
all trees through which or near which such wire passes against any
injury from the wire or cable or from the electric current carried
by it. The device or means used shall in every case be subject to
approval by the Construction Official or his designee.
[1980 Code § 193-9]
No person shall place any guy wire, brace or other device on
any tree in such a manner as to injure it.
[1980 Code § 193-10]
No person shall hitch or fasten an animal to any tree or shrub
on a public highway or to any guard or support provided for the same,
or permit an animal to bite or otherwise injure any tree or shrub.
[1980 Code § 193-11]
No person shall permit any brine, gas or injurious chemical
or liquid to come in contact with the stump or roots of any tree or
shrub upon a public highway.
[Ord. No. O-25-2017]
Municipal trees whose root systems fall within a construction
zone must be protected during the construction period, unless specific
approval is obtained from the Morristown Shade Tree Commission to
remove the tree. In most cases, Town trees whose root zones fall outside
the construction zone will not need protection during the construction
period.
[Ord. No. O-25-2017]
The critical root zone (CRZ) is defined as the area of soil
around a tree trunk where roots are located that provide stability
and uptake of water and minerals required for tree survival. The CRZ
is determined by calculating the tree's diameter, measured at
4.5 feet above ground (DBH). For each inch of DBH, one foot of CRZ
radius shall be allowed, measured from the outside of the trunk. As
an example, a twelve-inch diameter tree would have a CRZ radius of
12 feet.
[Ord. No. O-25-2017]
a.
Fencing shall be placed around the CRZ, but no closer than six feet
measured from the outside bark of the trunk. For example a tree with
a six inch DBH would have a CRZ radius of six feet, as would a tree
with a four inch DBH.
b.
The fence must be at least four feet in height, such as a wooden
snow fence or a temporary chain link fence. A temporary, light-weight
fence such as a staked orange construction fence or a stacked silt
fence is acceptable under certain circumstances only with the approval
of the Town Forester or Town Engineer.
c.
The fence must be labeled and posted "TREE PROTECTION ZONE - KEEP
OUT."
d.
The location of this fence must be shown on the site plan.
e.
The fence must be placed before the start of construction to create
the Preservation Area and cannot be removed until the construction
is complete.
f.
There is to be no construction, grading, trenching, storing or stock
piling of materials, dumping, vehicular traffic or parking of any
kind within the fenced Preservation Area. In the event that construction
must occur near a tree, the Town of Morristown's designated representative
must be on site during the trenching and backfilling operation.
g.
If an existing cement or asphalt driveway or roadway passes through
the CRZ, such may be exempted from the Preservation Area and the fence
constructed so as to protect all remaining areas of the CRZ. Similarly,
if an existing sidewalk or other accessway passes through the CRZ,
the fence should be erected in such a manner as to allow public access
on the sidewalk or accessway while protecting all other areas of the
CRZ.
[Ord. No. O-25-2017]
a.
Trees planted within the public right-of-way can pose challenges
for access to properties with no driveways and/or narrow property
frontage, and for the performance of construction work on or near
the curb and sidewalk. In particular, trees located in the street
lawn or just behind the sidewalk may not afford the opportunity to
fully comply with the provisions of the preceding sections.
b.
The following alternative procedures are intended to address specific
situations wherein existing Town trees are located in such a manner
that strict adherence to the access restriction requirements within
the CRZ would:
1.
Fail to allow adequate access for construction equipment to the effected
property; and/or
2.
Restrict access along a public sidewalk or roadway; and/or
3.
Physically inhibit or prevent the performance of the work in instances
of curb and sidewalk improvements or other work near or within the
public right-of-way.
c.
This alternative procedure is not intended merely to allow more convenient
and additional access for contractors at the expense of the Town trees.
Under no conditions do these procedures permit construction materials
or equipment to be stored on the CRZ. All other protective measures
shall be implemented as required within this section.
d.
If it is essential that construction equipment be operated within
the CRZ of Town trees, one of the following actions must be taken
to disperse the vehicular load and protect the tree roots, minimizing
soil compaction and mechanical root damage. The options for action
include:
e.
Under no conditions can stone or gravel be laid directly on the soil
within the CRZ. Stone, geotextile and mulch must be removed from the
CRZ at the close of the construction period.
f.
Care must be exercised to prevent any damage to existing trees during
work within the public right-of-way. While it is understood that the
equipment will be in close proximity to the tree and in the CRZ, some
precautionary steps must be adhered to. These include:
1.
Tree trunks must be protected. Suggested material to use is split
corrugated pipe where it can be inserted around the tree trunk. It
is understood that older and larger trees cannot be fitted with this
system.
2.
Care must be exercised when construction equipment and/or trucks
are working in and around the CRZ that no unnecessary damage be done
to the trees, their roots, trunks and branches. All wounds must be
reported immediately to the Town's representative on the job
who will then contact the Town Arborist. The Town Arborist will assess
the situation and coordinate the appropriate repair. The contractor
will be billed for the repair work and Forester's time based
on materials costs and the contractual hourly rates of the Forester
and his employees.
3.
When excavating within the public right-of-way, roots that must be
cut due to conflict with the proposed work shall be approved for cutting
by the Forester or his designee and said cutting shall be done with
the proper saw/axe to leave a straight cut which will properly heal.
The Forester may require the cutting or grinding of effected roots
be performed by the Morristown Shade Tree Division. Intentional breaking
or ripping of roots with a backhoe as a means of pruning is not acceptable.
g.
While working around municipal trees with heavy equipment or trucks,
the operator shall be cognizant of the tree canopy and shall position
and operate said equipment and trucks so as to avoid all unnecessary
contact with and breaking of branches. Any damages to branches shall
be immediately rectified by the contractor via proper cuts by the
contractor with a sharp saw under the direction of the Forester or
his designee. Substantial damage may be assessed and repaired by the
Forester, and the contractor billed for same.
[Ord. No. O-25-2017]
Work performed directly by Town personnel or contracted by the
Town Council of the Town of Morristown for curb, sidewalk, drainage,
and streetscape improvements and under the supervision of the Town
Engineer and in consultation with the Town Forester, may be exempted
from one or more of the provisions listed below, provided that the
remaining physical and procedural protective measures contained herein
are implemented to the greatest extent possible.
