[Ord. No. 524; Ord. No. 1124; Ord. No. 1453.]
[1]
Editor's Note: The power to regulate soil removal is included
within the general police power granted by N.J.S.A. 40:48-2.
[Amended by Ord. No. 524; 6-5-1989 by Ord. No. 1453]
It is the intent of this section to license and regulate the
business of soil removal and the mining of land where permitted and
to provide for the protection of persons and property and for the
preservation of public health, safety and welfare of the inhabitants
of the Township of Ocean and to insure that mining and soil removal
operations shall be conducted in such a manner as to create a minimum
of annoyance from noise and dust to nearby owners or occupants of
property, provide for the safety of persons and further to insure
that the mined area shall be suitably and reasonably rehabilitated
after mining and soil removal operations have been completed or otherwise
terminated.
[Amended by Ord. No. 524; 6-5-1989 by Ord. No. 1453]
For the purposes of this section, certain words as used herein
shall be defined as follows:
a.
MINING, SOIL REMOVAL, AND EXCAVATING - Shall mean any extraction
process involving the excavation of soil, sand, gravel, stone, clay,
topsoil, humus, peat or other natural mineral deposits and the removing
of it from the mined premises.
b.
PERSON - Shall mean and include any person, firm, partnership, association,
corporation, company or any other legal entity.
c.
PREMISES - Shall mean that land for which a person has a right to
mine as permitted by the Land Development Ordinance of the Township
of Ocean or by variance or by virtue of a valid nonconforming use
or a valid soil removal permit issued prior to the effective date
of this section.
[Amended by Ord. No. 524; 6-5-1989 by Ord. No. 1453]
No mining, soil removal or excavating shall be conducted within
the Township of Ocean unless a permit and license shall have been
obtained under the provisions of this section and unless the right
to mine is permitted by the Land Development Ordinance or has been
granted by variance or has been established as a valid nonconforming
use. A license shall be issued to the person actually performing the
mining operation with the consent of the owner of the premises. A
license shall not be required in connection with the construction
or alteration of a building on such premises and excavation or grading
incidental thereto.
[Amended by Ord. No. 524; 6-5-1989 by Ord. No. 1453]
Application for a license required by this section shall be
made upon forms provided by the Township Clerk. A separate application
shall be submitted for each lot on which a mining or soil removal
operation is proposed to be conducted and the application shall be
signed by the applicant; shall be submitted to the Township Clerk
on or before November 1 of each year for the renewal of a license
for the following year; and shall set forth the following information:
a.
The name and address of the applicant, if an individual; the name,
residence and business address of each partner, if a partnership;
the name and principal place of business if a corporation and if a
foreign corporation whether the same is authorized to do business
in the State of New Jersey.
b.
The street address and the block and lot numbers of the premises
on which the mining or soil removal operation is proposed to be conducted.
c.
Five copies of a current plot plan of the premises where the business
is to be conducted, prepared by a licensed engineer or land surveyor,
showing the entire tract involved, all roads or buildings within 500
feet thereof, the existing elevations of all buildings and structures
on the premises, existing and proposed final contours of the premises
and adjoining lands, all brooks, streams or bodies of water on the
premises or within 200 feet thereof; all existing surface and subsurface
water drainage conditions and provisions therefor, all wooded areas,
the quantity in cubic yards of the material to be mined, the grades
of all abutting streets and lands, and all entrances or exits to the
premises together with fences or gates erected or to be erected.
d.
The hours during which the mining, soil removal or excavating will
be conducted.
e.
The location and a description of permanent monuments for property
corners and bench marks.
f.
A statement describing all equipment to be used directly or indirectly
in the mining operation.
g.
Routes to be utilized in transporting materials within the Township
of Ocean. All routes must be approved by the police department of
the Township of Ocean.
h.
Proof of certification of a Soil Erosion and Sedimentation Control
Plan by the Freehold Soil Conservation District.
i.
A test borings report providing the elevation of the seasonal high
water table in each two acre section to be excavated, uniformly located
on the property.
j.
A plan for rehabilitation of the site.
[Amended by Ord. No. 524; 6-5-1989 by Ord. No. 1453]
Each application for the issuance, renewal or transfer of any
license and permit shall be accompanied by a fee of $1,000 to defray
the Township's administrative costs in connection with the application.
[Amended by Ord. No. 524; 6-5-1989 by Ord. No. 1453]
All license applications shall be reviewed by the Township Engineer
who shall certify as to whether or not they comply with the requirements
of this section and have employed proper engineering design and judgement
and if so certified the Township Council may approve the issuance
of a license. All licenses shall expire on December 31 of each year
and may be renewed pursuant to the requirements hereof for the issuance
of licenses.
[Amended by Ord. No. 524; 6-5-1989 by Ord. No. 1453]
No license shall be issued until the applicant shall have posted
with the Township Clerk a performance bond, in the form and with a
surety acceptable to the Township Council, in an amount determined
by the Township Engineer to be sufficient to insure the faithful performance
of the work for which the license is to be granted in compliance with
the provisions of this section, including all work required for the
rehabilitation of the premises.
[Amended by Ord. No. 524; 2-4-1980 by Ord. No. 1124 § 7; 6-5-1989 by Ord. No. 1453]
a.
Mining or excavating maybe conducted and equipment and vehicles may
be operated on the premises only Monday through Friday between the
hours of 7:00 a.m. and 5:00 p.m. and on Saturday between the hours
of 8:00 a.m. and noon. No mining or excavation shall take place on
legal holidays.
b.
The removal of any topsoil is hereby expressly prohibited. All topsoil
on premises being mined or excavated shall be temporarily stored on
the premises no closer than 150 feet from any lot line of the premises.
After operations have been completed or terminated, the topsoil shall
be respread over each section pursuant to levels and contour lines
approved by the Township Engineer and seeded with permanent rye grass
and other appropriate cover crops including seedling trees at the
rate of 150 per acre, the size and species as deemed appropriate by
the Township Planner.
c.
Operations shall be conducted so that no more than three, five acre
sections shall be mined or excavated at the same time and one such
section shall be properly identified, leveled, cleared of debris,
and graded to conform with the contour lines and grades approved by
the Township Engineer and stabilized and planted or seeded with appropriate
cover vegetation before commencement of mining on any additional sections
on the premises.
d.
No mining or excavating shall be permitted at any point nearer than
150 feet from any lot lines of the premises and no excavating shall
be permitted up to such point below a slope of three feet horizontal
to one foot vertical. The 150 feet limitation herein may be waived
by the Township Engineer if necessary to conform to the elevation
of the adjoining lot.
e.
No excavations shall be permitted below the elevation of any adjoining
roads.
f.
The licensee shall not cause soil erosion, drainage or sewerage problems
or other conditions detrimental to the public health, safety or welfare.
g.
Transportation of all materials off premises shall be conducted in
such a manner as to prevent the flowing of dust or the spilling of
gravel, soil or any other material from the vehicles.
h.
There shall be erected a snow fence or equal, at least four feet
high around any open excavation which exceeds a depth of 10 feet from
premining elevation.
i.
No excavation shall be permitted to within eight feet vertically
of the seasonal high water table.
j.
Appropriate measures shall be employed so as to prevent the dissemination
of dust into the atmosphere or beyond the perimeter of the property.
k.
No graded or backfill area shall be permitted to collect stagnant
water.
l.
All natural vegetation within 150 feet of all lot lines shall not
be removed.
m.
Noise shall be controlled in accordance with the requirements of
N.J.A.C. 7:29-1, et seq.
n.
No material mined or excavated shall be stockpiled at any point nearer
than 150 feet to the lot line of the premises.
o.
No excavation shall be located nearer than 500 feet to any school,
church, recreational facility or other public building or private
or public hospitals or nursing homes or any residential building measured
by a straight line between such buildings and the nearest point of
excavation.
p.
Every licensee shall maintain appropriate public liability insurance
against liability arising from any such operations or activities incidental
thereto during the period of said operations.
q.
No nonconforming mining or soil removal use shall continue or resume
if, in the opinion of the Board of Adjustment, there is evidence that
the conduct of the mining or soil removal operations has been abandoned;
or when the characteristic equipment and furnishings have been removed
from the premises and have not been replaced by similar equipment
within such period of time as, in the judgment of the Board of Adjustment,
shall evidence an intention not to resume said mining operations.
[Amended by Ord. No. 524; 6-5-1989 by Ord. No. 1453]
a.
Prior to the approval of any application for the issuance, renewal
or transfer of any mining license, a plan for rehabilitation shall
be submitted and approved by the Township Engineer for each current
or proposed section to be excavated. The plan shall show both existing
and proposed final contours.
b.
Each section shall be rehabilitated as specified in subsection 9-2.8b
and c hereof.
c.
The rehabilitation of each section shall be completed within 90 days
after the excavation within the section has been completed or a predetermined
specified time due to weather conditions.
[Amended 6-5-1989 by Ord.
No. 1453]
After 10 days' notice and an opportunity to be heard the Township
Council may suspend or revoke any license issued under the section
if it finds a pattern of repeated violations or that the licensee
is in violation of any material term or provision hereof or any application
statute or regulation of the State of New Jersey in such a manner
as to result in substantial detriment to the health, safety or welfare
of the inhabitants of the Township of Ocean.
[Amended 6-5-1989 by Ord.
No. 1453]
a.
Application forms for renewal or transfer of licenses shall be obtained from the Township Clerk. All applications for renewal or transfer of licenses shall conform to the requirements of subsection 9-1.4 hereof for the issuance of licenses.
b.
Completed applications shall be personally delivered, or delivered
by registered or certified mail to the Township Clerk, and shall be
accompanied by a fee of $1,000 at least 60 days prior to the date
requested for renewal or transfer. Transfers of licenses shall be
prohibited except to subsequent purchasers of the premises.
c.
No renewal or transfer of a license shall be approved until any and
all unpaid taxes, assessments or other municipal charges or liens
are paid in full.
d.
No renewal or transfer of any license shall be approved if, upon
inspection of the subject property by the Township Engineer or his
designated representative, violations of this section are found to
exist.
e.
After receipt of the written application for transfer or renewal
from the Township Clerk, together with the site inspection report
of the Township Engineer or his designated representative, the Township
Council may, by resolution, authorize the renewal or transfer of the
mining license; deny the renewal or transfer of the mining license
as the result of violations of this section; or, authorize the renewal
or transfer of the license subject to the correction of any such violations.
f.
Subsequent to the adoption of a resolution approving the transfer
of any mining license, the license shall be presented by the holder
or transferee thereof to the Township Clerk for proper endorsement.
[Amended 6-5-1989 by Ord.
No. 1453]
This section shall be enforced by the Township Engineer or his
designated representative, who shall investigate any violation of
this section coming to their attention, whether by complaint or arising
from their own personal knowledge. If a violation is found to exist,
the Township Engineer or his designated representative shall serve
a written notice by certified mail or personal service upon the owner
or other party in charge of the licensed premises, which notice shall
require said violation to be abated within a period of 30 days from
the date of service thereof or within such lesser period of time as
the Township Engineer or his designated representative shall deem
reasonable in cases where the danger to the public health, safety
and welfare requires more immediate abatement. If violation is not
abated within the time specified, the Township Engineer or his designated
representative shall issue a summons in Municipal Court for said violation,
and notify the Township Council thereof.
[Amended 6-5-1989 by Ord.
No. 1453]
No permit shall be issued under the provisions of this section
unless and until the applicant has deposited with the Township a fee
to be deposited in an escrow account computed at the rate of $0.10
per cubic yard multiplied by the estimated number of yards to be removed
within the license period. The sum deposited herewith shall be an
escrow account against which legal and engineering costs of the Township
associated with this application will be billed for the purpose of
reimbursing the Township for direct fees, costs, charges and expenses
of professional consultants retained by the Township.
[Amended 6-5-1989 by Ord.
No. 1453]
The owner of the premises or the person in charge of the soil
removal or mining operation where permission has been duly granted
shall not take away the top layer of arable soil for a depth of six
inches but such top layer or arable soil to the depth of six inches
shall be set aside for retention on the premises and shall be replaced
over the premises when the last of the soil has been removed pursuant
to levels and contour lines as approved by the Township Engineer.
[Amended 6-5-1989 by Ord.
No. 1453]
Any person who violates any provision of this Section 9-1 or who otherwise fails to fully comply with any of the requirements of this section shall for each such violation or offense be subject to a fine of not more than $500 or imprisonment for not more than 30 days, or both. Each day that a violation or offense continues shall constitute a separate violation hereof.
[Amended in entirety 4-14-2022 by Ord. No. 2381. Prior history includes
Ord. No. 836; Ord. 1420; Ord. No. 2058; Ord. No. 2080; Ord. No. 2099;
and Ord. No. 2202.]
[Amended 4-14-2022 by Ord. No. 2381]
The purpose of this Chapter is to ensure the protection and
preservation of trees and their canopy and safeguard specimen, historic,
and significant trees because trees are important economic, ecological,
aesthetic, and cultural resources; ensure the replacement of removed
or destroyed trees; prevent the indiscriminate and excessive removal
and destruction of trees and their canopy; prevent conditions that
cause an increase in stormwater run-off, sedimentation, and soil erosion;
promote groundwater recharge; prevent loss of wildlife habitat; decrease
air and noise pollution; preserve the aesthetic character, ambiance,
and physical appearance of neighborhoods, historic landscapes, and
streetscapes; and establish rules and regulations for the stewardship
of trees on both public and private property in the Township of Ocean.
[Amended 4-14-2022 by Ord. No. 2381]
Shall mean to be the diameter of a tree measured at a specific
height above ground level for field-grown stock and from the soil
line for container-grown stock, which should be at or near the top
of the root flare. Caliper measurement of the trunk shall be taken
six inches above the top of root flare up to and including four-inch
caliper size. If the caliper at six inches above the ground exceeds
four inches, the caliper should be measured at 12 inches above the
top of root flare.
Shall mean the coverage by the upper and outermost part of
a tree created by the tree's crown. In the case of contiguous
trees, the canopy is the coverage by the upper and outermost parts
of all the trees' crowns.
Shall mean the removal of all the standing trees on a portion
of over 75% of the site.
Shall mean the upper mass or head of a tree created by its
branches and leaves.
Shall mean the act of killing or irreparably damaging a tree.
The act shall be deemed to include, but not be limited to: damage
inflicted to the root system by machinery, storage of materials, soil
compaction or change of natural grade above or below the root system
or around the trunk; damage inflicted on the tree permitting fungus,
pests or other infestation; excessive pruning or thinning not in conformance
with American National Standards Institute (ANSI) standards, leading
to a failure to thrive; paving over the root system with any impervious
materials within such proximity as to be fatally harmful to the tree;
or application of any substance toxic to the tree or causing the tree
to be exposed to any such substance.
Shall mean the diameter of a tree measured 4 1/2 feet
above grade on the uphill/highest side. If the tree has a branch or
an abnormal swelling at 4 1/2 feet, the measurement should be
taken at a point below the intrusion where the trunk returns to normal
size. Any diameter measurement that is not taken at 4 1/2 feet
should include the actual height where it was measured.
Shall mean the area directly located under the outer circumference
of the tree branches or 15 feet from the trunk, whichever is greater.
When the outer limits of the branches are indistinct or otherwise
unclear, the drip line shall be presumed to be located 1 1/2
feet from the center of the trunk of a tree for each inch of the trunk
DBH or 15 feet from the trunk, whichever is greater. In the case of
trees with multiple trunks, the drip line of each trunk shall be measured
separately.
Shall mean any unforeseen circumstance or occurrence, the
existence of which constitutes a clear and immediate danger or hazard
to person or property.
Shall mean a tree that is of unique historical value to the
Township of Ocean because of its age, type, size, or historic association,
as determined by the Shade Tree Commission, Environmental Commission,
or Department of Community Development, and therefore constitutes
an important community resource. The designation of an Historic Tree
shall be officially made and promulgated as part of the official records
of the Township.
Shall mean any street or road shown upon a map or plan filed
in the Monmouth County Clerk's office or on the Official Map
of the Township of Ocean.
Shall mean the actual removal of trees, or direct or indirect
actions resulting in the effective removal of trees through damage
or poison, or similar actions directly or indirectly resulting in
the death or significant degradation of the health or vigor of trees
subject to the provisions of this ordinance. Moving a tree to a different
location on the same property does not constitute removal.
Shall mean a nursery-grown tree, properly balled or containerized,
marked with a label indicating genus, species, and variety, and satisfying
the standards established for nursery stock and installation thereof,
set forth by the American Association of Nurserymen (ANSI Z60.1).
Shall mean a fund established for the planting, maintenance,
and removal of trees and shrubs on public property and for the administration
and promotion of tree resource sustainability projects and practices.
Shall mean any woody plant with persistent stems protruding
from grade level.
Shall mean any tree with a diameter at breast height (DBH)
exceeding 60% of that of the largest similar tree listed in either
the "Monmouth County's Largest Trees," prepared by the Monmouth
County Shade Tree Commission or "New Jersey's Big Trees," prepared
by the Division of Parks and Forestry of the New Jersey Department
of Environmental Protection.
Shall mean any lot, tract, parcel, or parcels of land within
the Township.
Shall mean any living deciduous tree with a DBH of six inches
or more or a coniferous tree with a height of 10 feet or more measured
from grade.
Shall mean the area within the drip line of a tree.
Shall mean the application form to be submitted by an applicant
in connection with any proposed tree removal activity as described
in this section.
Shall mean the fee to be collected with each tree removal
application submitted to the Township of Ocean.
Shall mean a certificate issued by the Department of Community
Development of the Township to remove trees as defined in this section.
Shall mean a specific plan for replacement of removed trees
in accordance with the provision of this section.
Shall mean an individual responsible for the inspection of
sites for which applications are filed under this section as directed
by the Department of Community Development or the Shade Tree Commission.
The Tree Specialist shall be currently certified as a Licensed Tree
Expert by the State of New Jersey.
Shall mean an area in which trees, shrubs, and understory
will not be disturbed by filling, cutting or by any other means.
[Amended 4-14-2022 by Ord. No. 2381]
a.
No person shall remove, or cause to be removed, any deciduous tree
with a DBH of six inches or greater or a coniferous tree with a height
of 10 feet or more upon any lands within the Township of Ocean except
as follows:
[Amended 5-12-2022 by Ord. No. 2386]
1.
Trees that are to be removed as the direct result of a development
application that has been approved by the Township of Ocean Planning
Board or Zoning Board of Adjustment. No tree on an approved site plan
or subdivision should be removed without authority from the Municipal
Agency;
2.
Trees directed to be removed by municipal, county, State or Federal
authority;
3.
Trees that are to be removed as the result of the issuance of a Tree
Removal Permit.
b.
No person shall remove, trim, or cause harm to any tree growing on
or over a public right of way or public land without the express written
consent of a competent municipal authority (Director of Community
Development, Township Engineer, or the Shade Tree Commission).
[Amended 4-14-2022 by Ord. No. 2381]
a.
A Tree Removal Permit shall be required for the removal of any deciduous
tree with a DBH of six inches or more or a coniferous tree with a
height of 10 feet or more measured from grade, including:
1.
Trees that are dead or severely damaged by natural causes to the
point that the natural habit of the tree cannot be restored as determined
by a N.J. Licensed Tree Expert or a competent public authority (Director
of Community Development, Township Engineer, Shade Tree Commission,
or Environmental Commission); trees that are severely diseased and
require removal as certified by a N.J. Licensed Tree Expert; or trees
that pose an imminent public safety hazard as determined by a N.J.
Licensed Tree Expert or a competent public authority (police, Director
of Community Development, Township Engineer, Shade Tree Commission,
or Environmental Commission).
2.
Trees required to be removed subject to a construction permit as
issued by the Construction Official for construction of new residences,
additions to residences, or the construction of swimming pools or
other accessory buildings or structures that are not the subject of
Planning Board or Zoning Board of Adjustment application approvals.
Such trees shall clearly be shown on the construction plans and identified
by size and the removal of same shall, in the opinion of the Construction
Official or his designee, clearly be necessary for the construction
of the subject building or structure.
3.
Living trees on individual residential lots with a dwelling located
on the lot.
4.
Living trees on private golf courses.
[Amended 4-14-2022 by Ord. No. 2381]
a.
Application Form. An application form can be obtained from the Department
of Community Development or their designee and shall include the following
information:
1.
Name and address of the owner of the premises and status of legal
entity (individual, partnership, corporation).
2.
Description of the premises where removal is to take place, including
lot and block numbers, and street address as assigned if different
than the address of the owner.
3.
Purpose of tree removal.
4.
Schedule for the work to be performed.
5.
In addition to the application form, a survey showing the approximate
locations and sizes of all deciduous trees with a DBH of six inches
or more and coniferous trees with a height of 10 feet or more measured
from grade that exist on the lot and identifying those trees to be
removed. At the discretion of the Director of Community Development
or his/her designee, other appropriate documents may be substituted
if a survey is not available.
b.
Tree Replacement.
1.
If a tree is removed under the requirements of subsection 9-2.4 paragraph a2, a3, or a4 above, a mitigation plan must be submitted which will provide for the replacement of all removed trees except those removed under Permit by Right as stipulated in subsection 9-2.7 paragraph a below. The mitigation plan shall be in accordance with the following Schedule:
|
Tree Removed/Destroyed
|
Required Replacement Tree
|
Tree Replacement Fee
|
|---|---|---|
|
Deciduous tree with DBH of 6" to 11.99"
|
1 deciduous replacement tree
|
$750
|
|
Deciduous tree with DBH of 12" to 17.99"
|
2 deciduous replacement trees
|
$1,500
|
|
Deciduous tree with DBH of 18" to 29.99"
|
3 deciduous replacement trees
|
$2,250
|
|
Deciduous tree with DBH of 30" to 39.99"
|
4 deciduous replacement trees
|
$3,000
|
|
Deciduous tree with DBH of 40" or greater
|
5 deciduous replacement trees
|
$3,750
|
|
Coniferous tree with a height of 10 feet or more
|
1 coniferous replacement tree
|
$750
|
2.
A Deciduous Replacement Tree shall be either one tree that measures
at least two and one-half inches in caliper or two trees that measure
at least two inches in caliper.
[Amended 5-12-2022 by Ord. No. 2386]
3.
A Coniferous Replacement Tree shall be at least six feet in height,
measured from grade.
4.
All replacement trees shall be of species and sizes appropriate for
the premises on which they will be planted and shall be of a type
listed in the trees approved for planting by the Director of Community
Development, Shade Tree Commission, or Environmental Commission.
5.
In lieu of planting trees, the replacement may be accomplished by
a contribution of the monetary value of non-replaced trees to the
Township of Ocean Shade Tree Fund in accordance with the above Schedule.
6.
All replacement trees shall be maintained in healthy condition for
no less than two years from the date of planting.
[Amended 4-14-2022 by Ord. No. 2381; 5-12-2022 by Ord. No. 2386]
Upon the filing of an application with the Department of Community Development for a tree removal permit under the terms of this section, the applicant shall pay an application fee of $100 plus $100 for each tree to be removed over and above the three trees permitted by rights per Subsection 9-2.7.
[Amended 4-14-2022 by Ord. No. 2381; 5-12-2022 by Ord. No. 2386]
a.
Permit by Right. No permit shall be denied under this section for
the removal of up to three living trees per three-year period per
individual residential lots with a dwelling located on the lot, regardless
of ownership transfer, subject to the following conditions:
[Amended 5-12-2022 by Ord. No. 2386]
1.
Trees removed as a result of subsection 9-2.4 paragraph a.1 or a.2 above shall not be counted towards these three trees. If trees are damaged due to activities within the dripline of the tree, e.g., the piling of soil, placement of large equipment, or over-pruning, those trees will be counted toward this total;
2.
The trees that are to remain are healthy;
3.
The trees do not have canopies that extend over the public right-of-way;
4.
The trees to be removed are not located on any portion of the lot
having a slope greater than 15%;
5.
The trees to be removed are not located in a wetland, a wetland transition
area, a stream buffer as defined by the NJDEP, or in a fifty-foot
buffer of the shoreline of a lake; and
6.
The trees are neither specimen, historic, nor significant trees.
b.
Evaluation of Permit Application. The Township of Ocean Tree Specialist
or his/her designee shall evaluate the Application for a Tree Removal
Permit and take one of the following actions:
1.
If the Tree Specialist or his/her designee determines that the permit
application is incomplete, unclear, inaccurate or otherwise deficient,
he or she shall so advise the applicant and return the permit application
within 10 business days of the date of application. The applicant
may revise, supplement and/or resubmit the application, which will
then be treated as a new application with a new schedule if necessary,
except no additional fee is required.
2.
The Tree Specialist or his/her designee shall determine that the
proposed tree removal is either permitted or prohibited by the standards
set forth in this section and shall notify the Director of Community
Development or his/her designee.
3.
The Tree Specialist or his/her designee may impose reasonable permit
conditions necessary to effectuate the purposes of this section.
c.
Time Limits for Approval of Tree Removal Permits.
1.
The Director of Community Development or his/her designee shall act
on an Application for Tree Removal Permit within 30 days of the receipt
of a complete Application. Failure to act within 30 days shall be
deemed to be an approval of the Application and thereafter, a Tree
Removal Permit shall be issued.
d.
Duration of Tree Removal Permits.
1.
If granted for a lot or parcel of land for which no building permit
is required, the Tree Removal Permit expires three months from the
date of issuance.
2.
If granted for a lot or parcel of land for which a building permit
is required but for which no variance, subdivision, or site plan approval
is required or has been approved by the Planning Board or Zoning Board
of Adjustment, the Tree Removal Permit is valid until the expiration
of building permit granted with such Tree Removal Permit.
[Amended 4-14-2022 by Ord. No. 2381]
It is presumed that Significant Specimen Trees should only be removed in the most compelling and extraordinary circumstances. Removal will be permitted only after approval by a Hearing Panel, as described in subsection 9-2.10 of this section. The loss of lot yield, building area, or profitability of developmental layout shall be deemed neither compelling nor extraordinary.
[Amended 4-14-2022 by Ord. No. 2381]
The holder of a Tree Removal Permit shall notify the Director
of Community Development or his/her designee when the tree removal
has been completed.
[Amended 4-14-2022 by Ord. No. 2381]
Whenever any application for a Tree Removal Permit shall be
denied by the Director of Community Development or his/her designee,
the applicant may appeal the denial to the Township Manager by filing
a written notice of appeal with the Township Clerk within 10 days
after receiving notice of the denial. Upon receipt of the notice of
appeal, the Township Manager shall appoint a hearing panel consisting
of three members: A member of the Environmental Commission, an employee
of the Department of Community Development, and any other designee
of the Township Manager. This panel shall proceed to hear the appeal
upon notice to the applicant within 30 days of the filing of such
notice of appeal. This panel shall have the discretion, after interviewing
both the applicant and the Director of Community Development or his/her
designee, to reverse, affirm, or modify the aforesaid decision.
[Amended 4-14-2022 by Ord. No. 2381]
In connection with any construction, subsequent to tree clearing
but prior to the start of other construction, snow fencing or other
protective barrier acceptable to the Construction Official and/or
Township Engineer, shall be placed around trees that are not to be
removed. The protective barriers shall be placed at the dripline or
canopy line of any tree and shall remain in place until all construction
activity is terminated. No equipment, chemicals, soil deposits, or
construction materials shall be placed within any area so protected
by barriers. Any landscaping activities subsequent to the removal
of the barriers shall be accomplished with light machinery or hand
labor.
[Amended 4-14-2022 by Ord. No. 2381]
In the event of an emergency, any person otherwise subject to
this section, having responsibility, jurisdiction and/or authority
to cure, remedy or mitigate dangerous, hazardous, inconvenient, or
unhealthy conditions resulting from the emergency, may, without first
applying for and obtaining a permit under this section, take any lawful
action which is otherwise a regulated activity. However, such person
or the agent or designee of such person, shall apply for a Tree Removal
Permit not later than the end of the second succeeding business day
after any regulated activity takes place and may not proceed with
non-emergency work including restoration, until a permit is obtained.
[Amended 4-14-2022 by Ord. No. 2381]
a.
No person, firm, partnership, corporation, association or other legal
entity shall engage in tree pruning, removal and/or repair in the
Township for hire without first registering with the enforcement officer,
on forms to be supplied by said enforcement officer. Completed registration
forms shall become public records.
b.
The purpose of this registration requirement is to ensure that persons,
firms, partnerships, corporations, and other legal entities engaged
in tree pruning, removal and/or repair in the Township for hire are:
c.
At the time of registration, applicants shall certify that they have
received a copy of and will comply with the Township's tree ordinances.
d.
The Township makes no guarantee or representation regarding the fitness,
knowledge or qualification of any person, firm, partnership, corporation,
association or other legal entity that is registered by the Township
to engage in tree pruning, removal and/or repair for hire.
e.
Every registration shall be issued and renewed on an annual basis,
effective January 1 of each year. There shall be no fee for registration.
f.
Every registrant will be issued one or more vehicle tags, which must
be displayed for inspection from all vehicles working in the Township
of Ocean.
g.
The Township Manager or his/her designee, after notice and an opportunity
for a hearing, may suspend or revoke any registration for violation
of law (including but not limited to wage theft laws) or related municipal
ordinances, or for good cause, which is shown to be prejudicial to
the public health, safety or welfare.
[Amended 4-14-2022 by Ord. No. 2381]
a.
When regulated trees are removed without a tree removal permit, the affected areas shall be replanted as required by the Director of Community Development or his/her designee. Any such replanting shall be in accordance with the requirements of subsection 9-2.5. In addition to any replanting as required by subsection 9-2.5, any person found guilty of violating any of the provisions of this section shall be subject to a fine of up to $2000 or an imprisonment for a term of 90 days or both. Each and every day that such violation continues shall be considered a separate violation. Each tree removed or destroyed in violation of this section shall be considered a separate violation.
b.
Any contractor, whether registered with the Township or not, found
guilty of violating any of the provisions of this section shall be
subject to a fine of up to $2,000 or an imprisonment for a term of
90 days or both. Each and every day that such violation continues
shall be considered a separate violation. Each tree removed or destroyed
in violation of this section shall be considered a separate violation.
[Amended 4-14-2022 by Ord. No. 2381]
a.
A Shade Tree Fund shall be established and maintained by the Director
of Finance of the Township of Ocean to receive and disburse replacement
tree contributions. Appropriations from the Shade Tree Fund shall
be authorized by the Township Manager, with consideration of recommendations
by the Director of Community Development or his/her designee, the
Shade Tree Commission, and the Environmental Commission.
b.
The primary purpose of said fund is to provide for the planting and
maintenance of trees and shrubs to maintain and increase the tree
canopy of the Township of Ocean.
c.
The Director of Finance of the Township shall make an annual report
to the Mayor and Council and the Shade Tree commission, showing fees
and assessments collected and disbursements from the Shade Tree Fund.
Such report shall be submitted by February 1 of each year as to the
preceding year's activities.
