[Ord. No. 2018-11]
As used in this chapter:
CONCEPTUAL TREE MANAGEMENT PLAN
Shall mean an engineered plan of sufficient detail to clearly
show the intended scope and design of the proposed development including,
but not limited to, building footprints, changes in imperious cover,
location of drainage features, and pools. The plan must also show
existing property features, property lines, setback lines, and all
trees located on the property. The plan shall be submitted for the
sole purpose of evaluating the proposed tree removal and possible
alternative designs to reduce or eliminate the removal of mature or
healthy trees with desirable characteristics. The plan is not intended
to be a fully engineered Lot Grading Plan and does not require architectural
plans.
DEAD TREE
Shall mean a tree which has ceased to physiologically function.
Dead trees typically are devoid of leaves and have loose bark.
DEVELOPED LOT
Shall mean a legally established and existing parcel of land,
with boundaries determinable from official records, having a building,
which is occupied or capable of being occupied, located thereon.
DIAMETER AT BREAST HEIGHT (DBH)
Shall mean the diameter of a tree measured at a point 4.5
feet above the ground level on the downhill side for existing trees.
DISEASED TREE
Shall mean a tree which is terminally infected with fungus,
virus or insects.
DRIPLINE AREA
Shall mean the circular area surrounding a tree, the radius
of which area shall be the distance from the trunk of the tree to
the outermost branches of the tree.
LICENSED TREE EXPERT (LTE)
Shall mean a person licensed to provide tree expert services
in the State of New Jersey by the New Jersey Board of Tree Experts
under the New Jersey Department of Environmental Protection pursuant
to N.J.S.A. 45:15C-11, et seq.
MUNICIPAL LAND
Shall mean any property owned by the Township, including
any lot or right-of-way for streets, sidewalks, walkways or municipal
utilities except for sanitary sewers and storm sewers on developed
lots. For the purposes of this chapter, a right-of-way for a street,
sidewalk, walkway or municipal utility which is dedicated for public
use on a subdivision plot approved by the Township shall be deemed
to be property owned by the Township only upon, and after, the formal
acceptance of such right-of-way by the Township.
PERSON
Shall mean any individual, firm, partnership, corporation,
company, association or other legal entity, including any trustee,
receiver, assignee or other similar representative.
REPLACEMENT TREE
Shall mean a balled 2.5 inch caliper deciduous shade tree
or conifer, as measured at a point 4.5 feet above the base of the
trunk, which species is native and long lasting. A list of recommended
replacement trees is available from the Township Land Development
Office and in Appendix A hereto.
SCREENING
Shall mean one or more trees or hedges, or fencing, which
provides a visual barrier between properties.
SUBDIVIDABLE LOT
Shall mean an undeveloped portion of a legally established
and existing parcel of land, which portion meets the minimum zoning
requirements in the zone in which it is located. Subdividable lot
shall not include that portion of the parcel of land which meets the
minimum zoning requirements and upon which is located a building which
is occupied or is capable of being occupied.
TOWNSHIP
Shall mean the Township of Chatham in the County of Morris.
TREE
Shall mean any woody perennial plant with a main stem or
trunk exceeding 12 inches in diameter (36.70 inches in circumference)
DBH.
TREE REMOVAL
Shall mean all trees permitted to be cut down. If stumps
are removed, they shall be disposed of properly and not buried on
the property.
TREE REMOVAL PERMIT
Shall mean a permit issued pursuant to the provisions of
this chapter authorizing the removal of a tree or trees located upon
a developed lot, undeveloped lot or subdividable lot, located within
the Township.
TREE REPLACEMENT PLAN
Shall mean a plan including tabular and pictorial markings
regarding the total number and size of trees to be removed, the total
number of trees that will remain and the size of said trees, the total
number of replacement trees, and the total number of trees to be protected.
UNDEVELOPED LOT
Shall mean a legally established and existing parcel of land,
with boundaries determinable from official records, which does not
have a building capable of being occupied, located thereon. Whenever
approval is granted by the Planning Board to an application for preliminary
subdivision, each lot shown upon the subdivision plot which does not
have a building located thereon shall be deemed a separate undeveloped
lot for the purposes of this chapter. None of the following shall
be considered an undeveloped lot for the purposes of this chapter:
a.
Municipal land as defined herein;
b.
Any parcel of land owned in fee by the United States of America,
the State of New Jersey, the County of Morris or a public utility
company regulated by the New Jersey Public Utilities Commission; or
c.
Any lot upon which there is conducted an income-producing business
involving the removal of trees, provided that the conduct of such
business is a permitted use under applicable zoning regulations or
a legally recognized nonconforming use.
[Ord. No. 2018-11]
A tree shall be considered to be located upon a lot if any part
of the trunk or main stem of the tree is located upon such lot. If
the trunk is located on more than one (1) lot, the tree shall be considered
to be located on each such lot. If a tree is located upon two or more
lots for the purposes of this chapter, any application for work related
to said tree shall be made upon mutual agreement of the respective
owners as evidenced by their signatures upon the application.
[Ord. No. 2018-11]
Any person who proposes to remove any tree (as defined herein)
on a developed lot, an undeveloped lot, or a subdividable lot, shall
apply for a tree removal permit.
[Ord. No. 2018-11]
An owner or contract-purchaser of a developed, undeveloped or
subdividable lot, who employs any person to perform any work upon
such lot, shall not permit such person to violate any provision of
this chapter.
[Ord. No. 2018-11]
Except as provided in this chapter, no person shall:
a. Injure, deface, poison or damage any tree located on any developed,
undeveloped or subdividable lot located within the Township;
b. Nail or otherwise attach anything to any tree located within the
Township;
c. Operate, place or maintain within the drip line area of any tree,
or within six feet of the trunk of any tree, whichever is greater,
located on any undeveloped or subdividable lot within the Township,
any machinery, equipment, heavy objects, stone, rocks, cement, earth,
soil or other substance, which may harmfully affect such tree by unduly
compressing the earth or otherwise impeding or preventing the access
of water or air to the roots of such tree; or
d. Excavate around, remove earth or soil from, or cause any water to
flow upon the roots of, any tree on any undeveloped or subdividable
lot located within the Township in any manner that may harmfully affect
such tree.
[Ord. No. 2018-11]
During any construction work, the following tree protection
measures shall be implemented:
a. Tree protection measures, including snow fencing or other durable
material, shall be installed on the lot around the trees to be protected,
and the proper installation of said protection measures shall be verified
by the Zoning Officer or designee prior to soil disturbance;
b. Protective barriers shall not be supported by the plants or trees
they are protecting, but shall be self-supporting. Barriers shall
be a minimum of four feet high and shall not be removed until construction
is complete;
c. Snow fencing used for tree protection shall be firmly secured along
the dripline area, but not less than six feet from the trunk when
the dripline is less than six feet;
d. The grade of the land located within the dripline area shall not
be raised, or lowered, more than six inches, unless compensated by
welling or retaining wall methods; and in no event shall welling or
retaining wall methods be located less than six feet from the trunk
of any tree;
e. No soil stockpiling, storage of building materials, parking or driving
of construction equipment or vehicles shall be permitted within the
dripline area or within six feet of any remaining trees, whichever
is greater;
f. Any clearing within the dripline area, or within six feet of the
trunk of a remaining tree, whichever distance is greater, shall be
done by hand or nonmechanical equipment; and
g. Where a tree that has been designated for preservation is severely damaged and unable to survive, replacement trees shall be planted as provided in this subsection
22-4.4.
[Ord. No. 2018-11]
Unless the tree or trees can be identified and located by description
to the satisfaction of the Zoning Officer or designee, the application
shall be accompanied by two copies of a dimensioned lot diagram identifying
the precise location of all trees to be removed and all replacement
trees.
[Ord. No. 2018-11]
An application shall be considered filed when it has been properly
completed as determined by the Zoning Officer or designee and delivered
to the Township Land Use Office.
[Ord. No. 2018-11]
A tree removal permit shall not be issued by the Zoning Officer
or designee for any part of a subdivision, site plan, or lot grading
plan, until the appropriate land use board has given approval (preliminary
or final) for such site plan, subdivision, or lot grading plan. Applications
shall be made for a tree removal permit at the time of subdivision
or site plan application. The survey included with this first application
must include preliminary foundation location and setbacks for each
lot with present and proposed final grading. The lot boundaries for
all the lots must be staked as well as the outline of the infrastructure.
Trees to be removed must be clearly marked.
[Ord. No. 2018-11]
A fee of $50 shall be paid to the Township of Chatham at the
time of the filing of each application for a tree removal permit.
[Ord. No. 2018-11]
The fee required by subsection
22-6.1 is to cover Township expenses for review of the application and inspections. No fee shall be returned to any applicant by reason of the disapproval, in whole or in part, of any application.
[Ord. No. 2018-11]
In the event that the Zoning Officer or designee shall deny
an application, the reasons for said denial shall be set forth in
writing.
[Ord. No. 2018-11]
Whenever the Zoning Officer or designee shall approve an application
for a tree removal permit, the Township shall issue a tree removal
permit in accordance with the terms of the approval, together with
a copy of the application bearing the signature of an official from
the Land Use Office. The permit, once issued, must be posted at the
site of the tree removal, in a visible area, during the time of the
removal and for four weeks after the tree is removed.
[Ord. No. 2018-11]
Whenever a construction or grading permit is requested and the
removal of a tree(s) is required in connection with the development
of the lot, the Township Construction Official shall not issue the
construction permit until a tree removal permit has been issued and
tree management measures are in place.
[Ord. No. 2018-11]
The Zoning Officer or designee shall act upon every filed and
deemed complete application for a tree removal permit within 30 days
of the application being filed and deemed complete.
[Ord. No. 2018-11]
The Tree Management Appeals Committee shall consist of the Chairperson
of the Zoning Board of Adjustment, the Chairperson of the Planning
Board, and a resident of the Township who is not a public official.
The resident member of the Tree Management Appeals Committee shall
be appointed by the Mayor and shall serve at his or her pleasure.
[Ord. No. 2018-11]
Any person aggrieved by any action of the Zoning Officer or
designee pursuant to any of the provisions of this section shall have
the right to appeal to the Tree Management Appeals Committee within
15 business days after the action complained of. The appeal shall
be made by filing with the Township Clerk a written statement setting
forth the action complained of and the grounds for the appeal. A fee
of $50 shall be required to file the appeal. The Tree Management Appeals
Committee shall set a time and a place for the hearing of the appeal,
which hearing shall be convened within 20 business days after the
filing of the appeal, and notice of the hearing shall be given to
the appellant by the Township Clerk. At the hearing, the appellant
and his or her attorney may present evidence, including the testimony
of witnesses. The Township Clerk shall keep minutes of the hearing
and copies of the documents or exhibits referred to, if any.
[Ord. No. 2018-11]
Within 15 business days after the completion of the hearing,
the action taken by the Zoning Officer or designee shall be affirmed,
modified or reversed by the Tree Management Appeals Committee by a
recorded vote of the majority of the total members thereof. The findings
and reasons for the disposition of the appeal shall be stated on the
records of the Tree Management Appeals Committee and the Township
Clerk shall give a copy to the appellant.
[Ord. No. 2018-11]
The Zoning Officer or designee, in consultation with the Township
Engineer, may issue a stop work order for any tree work or other regulated
development activity which is carried out in violation of a tree removal
permit or any provision of this chapter. The stop work order shall
be issued in writing and a copy served on the applicant and any person
engaged in the tree work or other regulated development activity at
the subject lot. If no permit has been issued for the tree work, then
the stop work order shall be served upon the owner of the lot. After
said service of the stop work order, any further tree work or other
regulated activity shall comply with the terms and conditions of any
permit and the provisions of this chapter, except for tree work or
activity specifically authorized by the Zoning Officer or designee.
The stop work order for any violation shall remain in effect until
the violation has been eliminated to the satisfaction of the Zoning
Officer or designee.
[Ord. No. 2018-11]
Whenever, under the provisions of this chapter, any notice or
order is required to be given to, or served upon, any person, such
notice or order may be given or served by certified mail addressed
to the person to be notified at the address set forth in the application
filed by such person. Any notice to the Township shall be served by
personal service upon the Township Clerk or by certified mail addressed
to the Township Clerk, at the Township Municipal Building.
[Ord. No. 2018-11]
Any person who shall violate any provision of this chapter,
or who shall fail to comply with an order issued pursuant to this
chapter, or who shall violate any terms and conditions of any tree
removal permit issued pursuant to this chapter, shall, upon conviction,
be subject to imprisonment in the county jail or in any place provided
by the Township for the detention of prisoners, for any term not exceeding
90 days; or by a fine not exceeding $2,000 or the maximum then permitted
under N.J.S.A. 40:49-5 or then applicable state law; or by a period
of community service not exceeding 90 days. In the event of violations
involving more than one tree, a violation as to each such tree shall
be considered a separate offense.
[Ord. No. 2018-11]
Any contractor who removes a tree pursuant to a tree removal
permit shall be registered with the Township. Registration shall be
done annually, by the Construction Office on a calendar year basis.
The registration fee shall be $25 per calendar year. The registration
requires that all contractors certify that they have read and understand
the Township Tree Management Ordinance. The registered contractors
are subject to the aforementioned penalties and fines, as are the
subject property owners.