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]
As used in this chapter:
Shall mean the growing and harvesting of trees for commercial
purposes.
Shall mean a woody plant that has the potential to reach
a height of at least ten (10) feet, has a single stem, and has a definite
crown shape.
[Ord. No. 339 § 3]
Excepted from this chapter shall be:
a.
Any tree located on a parcel of land one (1) acre or less in size
on which a residence has been constructed or is being constructed
(building permit issued).
b.
Any tree growing on property actually being used as a nursery, garden
center, Christmas tree plantation, or an orchard.
c.
Any tree growing on land being used for sanitary landfill.
d.
Any tree to be cut for personal use by the owner.
e.
Any tree growing on a public right-of-way.
f.
Any dead, diseased, or other tree that is likely to endanger life
or property.
[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.
[Ord. No. 339 § 10;
New]
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.
