[Ord. No. 2004-10 § 4]
The provisions of this section shall apply to a landowner who
wishes to remove an individual tree and/or trees on an existing lot
and to all trees on existing individual lots where the lot is not
part of any pending development application, site plan, or subdivision;
and, more specifically, the following regulation shall apply.
[Ord. No. 2004-10 § 4]
[Ord. No. 2004-10 § 4]
No person shall commence or allow the commencement of any of
the following activities unless they first obtain a tree removal permit
in accordance with all of the provisions of this chapter:
a.
Clear Cutting. A tree removal permit will not issue for this proposed
activity unless an Approved Woodland Management Plan is obtained in
connection with the tree removal application. Where a property owner
has an existing Woodland Management Plan on record with the Township
or State Forester prior to the effective date of this amendment to
the ordinance,[1] that Woodland Management Plan shall remain valid provided
same was prepared in accordance with N.J.A.C. 54:4-23.3 and outlines
proposed management of woodlands, forests and/or trees on a particular
property. For those properties without a Woodland Management Plan
on file with the Township or State Forester as of the effective date
of this amendment,[2] all applications shall require that a Woodland Management
Plan be submitted with a tree removal permit application and a tree
removal permit shall not issue without an Approved Woodland Management
Plan having been issued in accordance with the provisions of this
chapter.
b.
Removal of any living tree greater than 12 inches in diameter measured
at a point 4.5 feet above the surface of the ground.
c.
Removal of any living Historic Tree, living Landmark Tree or living
Specimen Tree; or
d.
Removal of any tree within public property (i.e. parks, preserved
lands, and other lands owned or controlled by the Township of Union);
or
e.
Removal of any tree within the applicable road right-of-way for any
public road unless otherwise permitted by another exemption set forth
herein (i.e. within 100 feet of structure, etc.). Under this section,
a tree removal permit shall not be issued by the Zoning Officer without
the approval of the Township Committee.
f.
Removal of any trees that would result in the conversion of woodlands
to another natural resource with a lower resource protection ratio.
Unless otherwise exempted herein, there shall be a presumption that
such activity is prohibited absent a showing of exceptional circumstances
warranting the issuance of a permit and then, only upon a showing
through the use of wildlife suitability analysis and ecological models
that the activity will not have any negative impact to the environment,
the water quality, soil conditions, or the wildlife habitat.
g.
Removal of any tree within a conservation easement. Under this section,
a tree removal permit shall not issue by the Zoning Officer unless,
following review and recommendation of the Township Committee, same
is approved by the Township Committee.
h.
Removal of any tree within a buffer yard or landscape easement. Under
this section, a tree removal permit shall not issue by the Zoning
Officer unless, following review and recommendation of the Township
Committee, same is approved by the Township Committee.
[Ord. No. 2004-10 § 3]
Notwithstanding any of the aforementioned activities requiring a permit identified in Chapter 18, subsection 18-1.2 above, and specifically excepted from Chapter 18, Section 18-1 and the requirements imposed under Chapter 18, Section 18-1, are the following activities which are hereby exempted ("exempt activities"):
a.
The cutting and/or removal of any trees in accordance with an Approved
Woodland Management Plan and/or a Woodland Management Plan on file
with the Township or State Forester prior to the effective date of
this amendment.[1]
b.
The cutting and/or removal of any trees located on lands owned by
the Township of Union or any other local public entity or subdivision
thereof including the Board of Education and to be removed by the
Township of Union, the Board of Education or anyone acting on behalf
of the Township of Union or Board of Education.
c.
The cutting and/or removal of any trees required to be cut in connection
with the installation and/or maintenance of public utilities and/or
public improvements such as government offices, public roads, public
schools and other public buildings of benefit to the community.
d.
The cutting and/or removal of any trees located in commercial orchards
or nurseries. This exemption shall not include tree removal within
woodlands in connection with the establishment of new nurseries or
new orchards.
e.
The cutting and/or removal of any trees which are diseased and which
must be removed for the protection of other healthy trees and/or for
purposes of thinning trees for purposes of removing undesirable, competitive,
diseased or damaged trees so as to cultivate and improve the development
of remaining trees on the site or lot.
f.
The cutting and/or removal of any trees which are diseased or damaged
and which pose a hazard to human health, safety and welfare of the
residents, neighbors or general public or any existing structures
including but not limited to the removal of trees which are diseased,
dead, partially or completely fallen by acts of nature or which endanger
public safety.
g.
The cutting and/or removal of any trees removed in accordance with
a subdivision, site plan or building permit application approved by
the Union Township Planning Board, Board of Adjustment and/or issued
by the Zoning Officer which specifically designates the tree(s) to
be removed and upon which the Planning Board and/or the Zoning Officer
specifically authorized in issuing and/or approving the subdivision,
site plan or building permit.
h.
The cutting and/or removal of any tree(s) in emergency situations,
where the tree has been damaged by storm, and is an immediate threat
to life or property.
i.
The cutting and/or removal of any trees on property assessed under
the Farmland Assessment Act, N.J.S.A. 54:4-23.2, and upon which any
agricultural use as that term is defined in the Farmland Assessment
Act, is performed that does not result in a change in land use category,
including the erection of agricultural support buildings and other
related structures built using accepted agricultural best management
practices or as otherwise permitted under the Right to Farm Act.
j.
The cutting, removal and/or clearing of trees to comply with requirements
affecting navigable airspace, provided that the Federal Aviation Administration
has determined that the trees are a hazard to aviation.
k.
The removal of trees by the State of New Jersey, or its subdivisions,
in connection with the management of lands owned by the State of New
Jersey except for Historic Trees or those covered by Federal Regulation.
l.
The cutting, trimming or maintenance of trees in a manner which is
not harmful to the health of the tree.
m.
Removal of trees for which the property owner provides evidence acceptable
to the Zoning Official that the tree was planted by the owner during
the period of his or her ownership of the property, provided that
the planting was not required by this section, any other municipal
ordinance or site plan or subdivision approval issued by the Township
of Union.
n.
Removal of any tree within 100 feet of any residence, structure associated
with the residence, or sewer or septic systems provided the trees
are located on the residence owner's lot.
o.
The cutting or removal of any tree located on a tract of land up
to five acres in size on which there is an existing single family
residence and provided that the tree removal shall not exceed 20%
of the standing trees on the lot, parcel or site (clear cutting).
A permit shall not be required to remove or cut trees under
any of the aforementioned circumstances.
[Ord. No. 2004-10 § 4]
Replacement tree(s) shall be required to be planted under the
following circumstances whenever a permit is required:
Replacement of a minimum of 50% of the total basal area of the
trees removed shall be required whenever more than 40% of the total
basal area of trees that are 12 inches dbh and less than 24 inches
dbh is removed, more than 30% of the total basal area of trees that
are 24 inches dbh and less than 36 inches dbh, more than 20% of the
total basal area of the trees between 36 inches dbh and 48 inches
dbh is removed or more than 10% of the total basal area of trees greater
than 48 inches dbh is removed from any woodland or any site, parcel,
tract or property within the Township.
Replacement of 100% of the total basal area shall be required
whenever any Landmark Trees, Historic Trees or Specimen Trees are
removed or damaged or when any trees are removed or damaged within
a conservation easement. Replacement of 200% of the total basal area
removed shall be required whenever any Landmark Trees, Historic Trees,
Specimen Trees or any other trees are removed or damaged in violation
of any section of this section.
For all other circumstances not set forth herein, the amount of basal area for replacement trees required shall be controlled by subsection 30-6.4b5.
All replacement trees shall comply with the provisions of subsection
30-6.4b5(a)(4)(i)[a] — [i]. Further, all replacement
trees shall be of nursery grade quality and shall be planted in accordance
with accepted nursery practice. Trees required to be planted under
the tree replacement procedures shall be in addition to any trees,
such as street trees or trees within buffers, required by this or
any other applicable subsection.
The replacement trees, when required, shall be planted in the
same location as the tree removed (i.e., in place tree replacement).
Where in place tree replacement is not feasible or desirable, an alternative
tree replacement proposal may be recommended to the Township Committee
and approved by the Township Committee in accordance the following
schedule of preference:
a.
Planting replacement trees in the location where the tree(s) were
removed; or
b.
Planting replacement trees within the property containing the removed
tree(s); or
c.
Planting replacement trees elsewhere in the Township within a conservation
easement, but as near as possible to the property from which the tree(s)
was/were removed; or
d.
Planting trees elsewhere within the Township and within 50 feet of
a watercourse or roadway; or
e.
Planting replacement trees elsewhere in the Township where placement
will create public benefit.
The Township Committee may modify or waive entirely the replacement
planting requirements either in number, species, basal area or replacement
size upon application and demonstrated good cause or hardship. Upon
application to the Township Committee, the Township Committee shall
exercise its judgment, in its consideration of granting an exception
from the requirements for replacement of trees.
Replacement trees shall not be required where trees are removed
under any of the exceptions noted in this chapter.
[Ord. No. 2004-10 § 4]
Any person desiring to cut down or remove any living tree(s) governed by the regulations set forth in subsection 18-1.2, shall first apply to the Zoning Officer for a tree removal permit authorizing the same. On a tree removal application to be supplied by the Zoning Official, the applicant shall identify the applicant's name and address, the address for the land upon which the tree or trees are located, the number, size, species and total basal area of the trees proposed to be removed, and a tree replacement proposal. The applicant shall submit all fees, including the tree removal application fee and three copies of all requisite documents reasonably necessary to process the subject application (i.e. survey depicting structures, right-of-way, easement, plot map, data on tree size, condition, species, etc.).
[Ord. No. 2004-10 § 4; Ord. No. 2010-9]
A fee of $15 shall accompany the application to defray Township
expenses and shall not be refundable. The fee shall be submitted to
the Zoning Officer in the form of a check made payable to the Township
of Union.
[Ord. No. 2004-10 § 4]
a.
The Zoning Officer shall promptly provide copies of the tree removal
application to the Township Committee for their review, and recommendation
where required pursuant to the provisions set forth herein or hereinafter
set forth.
b.
The Zoning Official, where authorized, shall grant approval upon
a determination that the proposed work and proposed method and workmanship
are in accordance with this section. In the event that the Zoning
Officer fails to take action on such application within 10 days after
such application is filed, the applicant shall have an immediate right
of appeal to the Township Committee as set forth herein. Any permit
granted shall expire after the passage of 12 months from the date
of its issuance. All work shall be completed during this twelve-month
time period and in the manner described in the application. Any permit
shall be deemed withdrawn if the terms of the permit or the section
are not complied with.
c.
In rendering judgment on tree removal applications submitted for
consideration, it is the intent of the Township and of this chapter
to retain healthy trees in the Township and to preserve, whenever
possible, all of the dbh of those trees designated for protection
and preservation. The following factors should be taken into consideration
in rendering judgment:
1.
Whether the tree or trees are located upon a proposed building site,
driveway, recreation area, roadway drainage right-of-way, sewer or
septic system, or whether the trees are within 100 feet of any of
the foregoing.
2.
Whether the tree or trees appear upon inspection to be diseased or
so situated as to be substantially lacking vigor.
3.
Whether the tree or trees are so located that necessary grade changes
will render protection unreasonably difficult or expensive.
4.
Whether removal of the tree or trees will constitute a horticultural
advantageous thinning of an existing overgrown area.
5.
Whether removal of the tree or trees will significantly and adversely
affect drainage conditions, soil fertility or soil stability.
6.
Whether other practical exigencies may exist which would unduly cause
hardship or difficulty to the applicant if the tree or trees were
retained as weighed against the value of such retention.
d.
Considerations that may result in the tree removal permit being disallowed
include the following circumstances:
1.
Soil erosion, soil retention, water retention or run off problems
will result;
2.
Historic, Landmark or Specimen Trees are located on site and can
not be adequately protected or replaced;
3.
The community's interest, as expressed herein, in the judgment
of the Zoning Official and/or the Township Committee, will be significantly
degraded by the proposed removal activities.
e.
The Zoning Official and/or the Township Committee, where required
under the provisions of this act or in the case of review by the Township
Committee, shall endorse any decision upon the application, and, in
case of complete denial, shall set forth the basis for such decision,
which shall thereupon be transmitted to the applicant.
f.
The Zoning Official shall be authorized to withdraw or rescind any
permit issued for tree removal activities in the event of any act
of noncompliance with the provisions of this chapter or regulations
adopted hereunder.
[Ord. No. 2004-10 § 4]
Any person aggrieved by a decision of the Zoning Officer may
appeal therefrom by letter to the Township Committee. The Township
Committee shall render their decision not later than 60 days following
receipt of such letter. Any interested parties may appear in person
or by attorney.
[Ord. No. 2004-10 § 4]
Whenever a construction permit is requested for a structure
which will require the removal of trees as herein protected, the Zoning
Officer shall decline to issue local clearance for the Construction
Official to issue any such construction permit until a tree removal
permit, where required, is applied for and issued. The Construction
Official shall not issue a construction permit or Certificate of Occupancy
for any building on any site, parcel or tract for which there is an
outstanding complaint pursuant to this subsection.
[Ord. No. 2004-10 § 4]
The Zoning Officer or other person designated by the Township
Committee may institute complaints in the Municipal Court for any
violations of this section. However, it shall be the policy of the
Township of Union to, where possible, first seek voluntary compliance
with the provisions of this section by giving notice and an opportunity
to comply in appropriate circumstances. In the event of a violation
or, if notice has been given, continued noncompliance resulting in
a violation, the Zoning Official may institute a complaint in the
Municipal Court for any violation of this section or the regulations
adopted therein. It shall be an offense to engage in or to do an act
prohibited by this section or to omit or fail to perform an act required
by this section.
Upon issuance of a violation, the Zoning Official shall immediately
notify the Township Committee.
Any property owner violating any provision of this section may,
upon conviction thereof, be punishable by fine not less than $50 and
not exceeding $500.
In addition to any fine that may be imposed upon conviction
of a violation of this section, the Court may order replacement trees
as required under this section as restitution for the harm caused.
In addition, the Court shall impose Court costs as incurred
in processing and/or administering any violation issued under this
section.
