Editor's Note: For additional regulations of the protection of land, see Chapter 17.
[Ord. No. 339 § 1]
The Township Committee does hereby decide and find that the woodlands are an important cultural, ecological, scenic and economic resource. Proper management of this resource will insure its maintenance for all forest benefits including but not limited to watershed protection, wildlife habitat, recreational aspects and aesthetics and also result in greater economic returns for harvested timber. The current yield of timber in the woodlands is below the region's potential because of fire, excessive cutting, and poor management.
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.
[Ord. No. 339 § 2; amended 5-16-2024 by Ord. No. 741]
As used in this chapter:
DIAMETER AT BREAST HEIGHT (DBH)
Shall mean the diameter of the trunk of a mature tree generally measured at a point 4 1/2 feet above ground level.
FORESTRY
Shall mean the growing and harvesting of trees for commercial purposes.
HAZARD TREE
Shall mean a tree or limbs thereof that meet one or more of the criteria:
a. 
Has an infectious disease or insect infestation;
b. 
Is dead or dying;
c. 
Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective;
d. 
Is causing obvious damage to structures (such as building foundations, sidewalks, etc.); or
e. 
Is determined to be a threat to public health, safety, and/or welfare by a certified arborist or licensed tree expert.
STREET TREE
Shall mean a tree planted in, or in immediate proximity to, a sidewalk, planting strip, and/or in the public right-of-way adjacent to the portion of the street reserved for vehicular traffic.
TREE
Shall mean a perennial woody plant that has a height of at least 10 feet, has a single stem, has a definite crown shape, and: a) in the case of a non-street tree has a diameter at breast height (DBH) of at least six inches; or b) in the case of a street tree has a diameter at breast height (DBH) of at least 2 1/2 inches.
TREE CALIPER
Shall mean the diameter of the trunk of a young tree, measured six inches from the soil line. For young trees whose caliper exceeds four inches, the measurement is taken 12 inches above the soil line.
[Ord. No. 339 § 3; amended 5-16-2024 by Ord. No. 741]
Excepted from this chapter shall be:
a. 
Any tree growing on property actually being used as a nursery, garden center, Christmas tree plantation, or an orchard;
b. 
Any tree growing on land being used for sanitary landfill;
c. 
Any tree to be cut for personal, non-commercial use by the owner, not to exceed more than four trees per acre within a five-year period;
d. 
Any tree growing on a public right-of-way;
e. 
Any Hazard Tree;
f. 
Any trees removed as part of a municipal or state decommissioning plan. This exemption only includes tress planted as part of the construction and predetermined to be removed in the decommissioning plan;
g. 
Any trees removed pursuant to a New Jersey Department of Environmental Protection or U.S. Environmental Protection Agency approved environmental clean up, or NJDEP approved habitat enhancement plan; or
h. 
An approved game-management practice, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife.
[Ord. No. 339 § 4]
Any landowner desiring to cut, remove, or harvest any tree for commercial purposes shall submit to the Zoning Officer a permit application which shall include a Harvesting Plan, which details the harvesting practices proposed to be employed, including but not limited to, the following:
a. 
Location and size of tracts.
b. 
Owner's name, address and telephone number.
c. 
Map of the property showing wetlands, types of vegetation cover, area to be harvested, receiving waters, 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.
d. 
Description of area to be harvested should include: acreage, general soil types and erodibility; range of percent of slope; timber quality and age (forest type, species, age, DBH, height, volume, and reproduction), and understory.
e. 
Description of timber to be harvested (number of trees, species, diameter classes and volume) and the reason/purpose for the timber to be harvested (e.g. to obtain cordwood, pulpwood, lumber, etc.).
f. 
Description of regeneration plans. In no event shall the wood cut and/or harvested from any parcel of land larger than five (5) acres be more than that parcel of land can regenerate in one (1) growing season.
g. 
Description of intermediate management practices to be applied during or after harvesting.
h. 
The total area of any proposed woodcutting for which a permit is sought cannot exceed ten (10) contiguous acres, regardless of the size of the tract of land involved. No requests for a woodcutting operation/permit shall involve more than two (2) separate tracks or parcels of land as shown on the current tax map of the Township.
i. 
No single applicant or property owner in any one (1) calendar year shall be issued.
1. 
More Than Two (2) Permits for Ongoing Woodcutting Operations at Any One Time. Issuance of further permits shall be depended upon the Zoning Officer's certification that woodcutting for one or both of the current permits has been completed in a satisfactory manner as provided herein and such certification shall not be unreasonably withheld.
2. 
More than a total of three (3) permits regardless of the acreage involved in any one or all three (3) permits.
j. 
During any one (1) calendar year only one (1) woodcutting permit may be issued for any one (1) tract or parcel of land regardless of the parcel or tract size, ownership or the applicant involved.
[Ord. No. 339 § 5]
Forest vegetation represents a unique and financially valuable part of the essential character of the Township. If properly managed, forests represent significant economic opportunities to their owners while perpetuating the overall ecological value of the Township. This chapter encourages commercial forestry that will maximize forest land values and provide for the long-term economic and environmental integrity of the Township. Forestry shall be authorized throughout the Township provided:
a. 
That access to land proposed for harvesting:
1. 
Follows previously established roads and trails to maximum extent practical.
2. 
Avoids wetland areas except as are absolutely necessary to harvest wetland species or to gain access to the harvesting site.
3. 
Avoids crossing streams with high and unstable banks and those with approaching slopes exceeding ten (10%) percent where alternative crossings exist.
b. 
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; other trees shall be felled to avoid stream banks where practical and winched off such banks where felling occurs.
4. 
A fifty (50) foot vegetated buffer along streams, ponds, and marshes 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 fifty (50) feet of streams, ponds, lakes, and marshes, except for necessary crossings.
7. 
Accessways for forestry activities shall be located at least one hundred (100) feet from streams, ponds, lakes and marshes, where practical.
8. 
Landings shall be located in well drained areas where practical and at least two hundred (200) feet from ponds, lakes and marshes.
9. 
Filter strips shall be located between: harvested areas, landings, and skid trails; and streams, ponds, lakes and marshes.
10. 
Water diversion devices shall be installed as necessary to control erosion.
11. 
Keep roads and skid trails out of wet and poorly drained spots.
12. 
Plan carefully for the protection of slopes exceeding thirty (30%) percent.
c. 
Landowner notifies the Township when harvesting is to commence once application is approved.
d. 
That only those trees which have been selected for harvesting are cut; that all trees are cut to the base; and all practical steps are taken to minimize damage to undesignated trees.
e. 
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 and replantings where necessary.
4. 
All debris shall be removed from streams.
5. 
All nonvegetative refuse shall be collected
6. 
All hanging trees shall be removed.
f. 
That harvesting and reforestation activities shall ensure the regeneration of the harvested forest.
g. 
That harvesting and reforestation in Atlantic white-cedar and hardwood swamps is conducted in the following manner:
1. 
Atlantic white-cedar will be cut and managed to create site conditions favorable to regeneration of Atlantic white-cedar.
2. 
Reforestation to ensure Atlantic white-cedar regeneration will involve control of competitive hardwood species.
3. 
Existing streams shall be cutting boundaries where practical.
4. 
Harvesting methods employed shall be those which minimize environmental damage including the use of winches, corduroy roads, and helicopters.
5. 
Harvesting will occur to the greatest extent practical during dry periods or when the ground is frozen.
h. 
That proposed activity does not involve the draining or filling of wetlands.
[Ord. No. 339 § 6]
Work shall be performed in compliance with the submitted Harvesting Plan and shall adhere to the standards in Section 18-5. 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 (1) year.
[Ord. No. 339 § 7]
An applicant for a woodcutting permit shall deposit with the Zoning Officer prior to the issuance of a woodcutting permit a sum of money equal to seventy-five ($75.00) dollars per acre. The money is in addition to the application fee required. The monies so deposited shall be held by the Township to assure conformance with the provisions of this chapter and the permit issued for the proposed woodcutting operation. If the woodcutting is carried out in accordance with the provisions of this chapter, the approved plan and the permit issued, then all monies deposited, except the application fee paid, shall be refundable in full to the applicant.
Upon receipt of the monies, the Zoning Officer shall deposit same with the Township Treasurer who shall deposit the funds in an escrow account. Release of the monies shall be through the normal voucher system employed by the Township after application by the applicant for release of funds and after certification by the Zoning Officer that the woodcutting was properly carried out, which certification shall not be unreasonably withheld. Failure of the applicant to properly undertake or perform as required, shall mean forfeiture of the monies so deposited and the Township Treasurer shall turn the funds over to the Township as fees collected for deposit in the General Fund of the Township and to be used for reforestation projects within the Township and/or to clean up the property where the applicant improperly performed.
An applicant can request in writing the transfer monies deposited to the woodcutting escrow account in connection with one (1) permit application for another permit application once the original application for which the monies were deposited have been certified by the Zoning Officer to be satisfactorily complete and the permit expired or terminated as the case may be. Such transfer shall not affect the calculation of the amount which must be so deposited for the "new" application as set forth hereinabove.
[Ord. No. 339 § 8]
A stop work order shall be issued by the Zoning Officer if noncompliance with the submitted Harvesting Plan is evident or if there is nonadherence to the standards in Section 18-5. The stop order will remain in effect until the Township has determined that resuming work will not violate the conditions of the submitted Harvesting Plan and the requirements set forth in this chapter. The penalty for non-compliance with the submitted Harvesting Plan shall be the forfeiture of the financial security/performance security.
[Ord. No. 339 § 9]
A fee schedule will be determined to adequately cover the administrative costs of this chapter. The fee shall be included with the permit application. The fee shall be twenty-five ($25.00) dollars for the first acre involved in the application and five ($5.00) dollars for each additional acre or portion thereof involved in the application.
[Added 5-16-2024 by Ord. No. 741]
a. 
Any person who removes one or more street tree(s), unless otherwise excepted by this chapter, shall be subject to the requirements of the Tree Replacement Requirements Table below.
b. 
Any person who removes one or more tree(s), unless otherwise excepted by this chapter, shall be subject to the requirements of the Tree Replacement Requirements Table below.
c. 
Replacement trees:
1. 
Shall be planted within 12 months of the date of removal of the original tree(s);
2. 
Shall be monitored for an adequate period to ensure their survival;
3. 
Shall be the same genus and species as the tree(s) removed, provided the removed species was appropriate to the location, and unless it is classified as an invasive tree, non-native species, or prone to disease and pests; and
4. 
Shall not be planted in temporary containers or pots.
d. 
In the event the planting of replacement tree(s) would be futile, impractical or otherwise not in the best interests of the Township, the person removing street tree(s) or tree(s) shall do one of the following:
1. 
Plant replacement trees in a separate area approved by the Township; or
2. 
Pay a fee in the amount of $10 to the Township per tree removed. This fee shall be deposited by the Township into a fund dedicated to tree planting and tree maintenance.
e. 
Tree Replacement Requirements Table:
Category
Tree Removed (DBH)
Tree Replacement Criteria
1
DBH of 2.5" (for street trees) or 6" for non-street trees up to 12.99"
Replant 1 tree with a minimum tree caliper of 1.5" for each tree removed
2
DBH of 13" to 22.99"
Replant 2 trees with a minimum tree caliper of 1.5" for each tree removed
3
DBH of 23" to 32.99"
Replant 3 trees with a minimum tree caliper of 1.5" for each tree removed
4
DBH of 33" or greater
Replant 4 trees with a minimum tree caliper of 1.5" for each tree removed
[Ord. No. 339 § 10; 6-16-2011 by Ord. No. 613; amended 5-16-2024 by Ord. No. 741]
Any person, business, corporation, partnership or other entity violating any provisions of this chapter shall, upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5, with a minimum penalty established of one hundred ($100.00) dollars in the discretion of the Judge of the Municipal Court. Each tree unlawfully removed and/or not replaced in accordance with the chapter shall be a separate violation.