Editor's Note: Prior ordinance history includes portions of Ordinance #84-15, #86-7 and #91-07.
[Ord. #2001-32, S 1]
The purpose of this section is to protect the scenic and environmental resources of the township from soil erosion, sedimentation deposit in streams, flooding, soil failures and destruction. In order to achieve these objectives, permit applications will be reviewed to ensure that clear cutting is minimized, indiscriminate tree removal is regulated and soil erosion and runoff control features are designed into all projects.
[Ord. #2001-32, S 1]
RESIDENTIAL AGRICULTURE
Shall mean the growing and harvesting of plant life and the keeping of non-household animals for the enjoyment of the residents on the property and not for commercial purposes, provided that a lot of at least two acres in area is required for the keeping of one non-household animal; one additional acre of land is required for each of three additional non-household animals; and 1/2 additional acre of land is required for each additional non-household animal thereafter.
SOIL
Shall mean earth, sand, clay, loam, gravel, humus, rock or dirt without regard to the presence or absence of organic matter.
SOIL DISTURBANCE
Shall mean the movement of soil, stripping of top soil or vegetation of an area of 5,000 square feet or more.
TREE REMOVAL
Shall mean the removal or destruction of any tree with a diameter of five (5") inches or greater measured four and one-half (4-1/2') feet above the ground.
[Ord. #2001-32, S 1]
A permit shall be required when the project involves one or more of the following:
a. 
The removal or cutting of any tree, regardless of size, within any township right of way or on any township owned property;
b. 
The removal or cutting of any tree having a diameter of five (5") inches or more measured at a height of four and one-half (4-1/2') feet above the ground in any commercial zones, multifamily residential zones, mixed use zones or planned developments, or within ten (10') feet of a property line in any single family residential zone where a neighboring dwelling is located within one hundred fifty (150') feet;
c. 
The removal or cutting of trees of the aforesaid dimensions in any single family residential district, where the number of trees to be cut in a year on the subject lot is greater than 10% of the trees on the property or if the number of trees to be cut exceeds 10;
d. 
Soil disturbance of an area in excess of 5,000 square feet for projects not requiring approval by the Somerset Union Soil Conservation District; or
e. 
Soil disturbance or tree removal within habitat areas designated in the master plan, within one hundred (100') feet of a ridge line or on slopes of 25% or more.
[Ord. #2001-32, S 1; Ord. #2002-01, S 1]
Notwithstanding the above, the following are exempt from the permit requirements of this section:
a. 
Removal of tree farm and nursery stock;
b. 
Tree harvesting plans that are part of a woodland management plan prepared by a qualified forester and filed with the tax assessor's office;
c. 
Soil disturbance for a person operating a farm under the guidance of the Natural Resource Conservation Service as a "cooperating farmer" provided that the "cooperating farmer" shall have implemented the recommendations of the Natural Resources Conservation Service in the farm operations;
d. 
Residential agriculture;
e. 
Removal of dead or diseased trees; or
f. 
Removal of nuisance tree species such as Ailanthus or Eastern Red Cedar or others as may be established in a list prepared by the environmental commission unless they are within one hundred (100') feet of a public or private street.
g. 
Soil disturbance in connection with plowing and tilling of fields for the intended purposes of growing crops.
h. 
Tree removal permits shall not be required in connection with septic system alterations for failing systems. Tree replacement for these plans shall be reviewed by the board of health engineer and replacement trees will be at the discretion of said engineer. Soil movement permits shall not be required in connection with the construction of any septic system approved by the board of health and erosion control measures shall be reviewed as part of the septic system application.
[Ord. #2001-32, S 1]
The following minimum data shall be submitted in support of an application under this section. The township engineer may waive the requirement for the submission of any of the above based on an adequate demonstration by the applicant that the information is not required for the review of the application.
a. 
All permits shall require:
1. 
A completed permit application form describing the project.
2. 
The estimated start date and estimated duration of the project.
3. 
A map of the area to be disturbed, in an acceptable scale, prepared by an appropriate professional. The map should include the area of disturbance as well as an area of one hundred (100') feet beyond the disturbance limits.
b. 
Soil movement permits shall require:
1. 
A map which shall include existing and proposed contours with a two-foot interval, limit of disturbance, existing development features and land cover, and proposed development.
2. 
A plan which shall include soil erosion and sediment measures in accordance with the latest standards promulgated by the New Jersey Soil Conservation Committee.
3. 
Any additional data that may be required by the township engineer in reviewing the application.
c. 
Tree removal permits shall require:
1. 
A map which shall include existing and proposed contours with a two-foot interval, limit of disturbance, existing development features and land cover, and proposed development.
2. 
A map indicating the location of all trees to be removed. The size and species of these trees shall also be indicated.
3. 
Any additional data that may be required by the township engineer in reviewing the application.
[Ord. #2001-32, S 1; Ord. No. 09-028, S 10]
All permit applications shall comply with the following standards:
a. 
Soil Movement Permits.
1. 
All applications for soil movement shall demonstrate to the satisfaction of the township engineer that the project will not create any adverse drainage impacts on any adjoining property or any critical areas as defined in the Land Management Ordinance. The plan shall also protect against soil erosion by wind and water, provide for lateral support of all adjoining lands and provide stable soil slopes and structures.
2. 
Soil movement operations shall be conducted so that there shall be no sharp declivities, pits or depressions.
3. 
The top layer of soil to a depth of six (6") inches shall not be removed from the premises, but shall be set aside and respread over the property at the conclusion of other work.
4. 
No commercial mining or soil disturbance, except for normal farm operations, shall be permitted except as may be permitted by the land use board.
5. 
Recommended Soil Erosion Control Techniques. In addition to the standard installation of silt fence/hay bale barriers, the following techniques have proven effective in the township and are recommended for use in areas that are especially sensitive to soil erosion. These items may be required to be installed at the direction of the township engineer:
(a) 
Three-dimensional soil erosion matting. These commercially available materials are designed to hold soil and seed in place during the early phases of site stabilization. The matting may be made of natural or man-made materials. Matting is typically installed along stream banks, swales and steep slopes to provide temporary stabilization;
(b) 
Coconut logs. These materials, commonly called "bio-logs" are cylindrically shaped sections that are staked in place along steeply eroded banks; and
(c) 
Cedar tree filters. Small scrub cedars have been successfully used in conjunction with silt fence and in small swales for the control of silt runoff. The small trees are cut and placed with the areas of water concentration to filter the sediment out of the water. Care needs to be taken to ensure the trees are not used in areas of high flows or where they could cause a dam effect.
6. 
Any soil movement on slopes in excess of 25% may require additional soil erosion sediment control measures as directed by the township engineer.
b. 
Tree Removal Permits.
1. 
Tree removal shall be planned in a manner that preserves, to the greatest extent possible, the scenic views along roadways, long views and ridge lines. The removal of trees and vegetation that would comprise sensitive or unique habitats shall be prohibited. Tree removal along stream corridors will not be permitted except in conjunction with a permit approved by the NJDEP for wetlands/transition area disturbance and/or stream encroachment.
2. 
The clearing of trees for the creation of pastures, agricultural fields, paddocks, etc. shall also be regulated by the standards governing soil movement in this section.
3. 
All applications for tree removal shall include a plan to mitigate the tree removal if the area to be impacted involves the clear cutting of an area in excess of five-tenths (.5) acre. This mitigation shall include replacement plantings in accordance with the table below:
Diameter of Trees Removed (Measured 4-1/2 feet off ground)
# of 2-1/2 inch replacement trees or equivalent basal area (Measured 4-1/2 feet off ground)
5-15"
5
16-24"
10
25-36"
15
37" and over
20
If the tree replacement cannot reasonably be placed on the property, a portion of the replanting may be waived by the township engineer.
4. 
Replacement trees shall be hardwoods with a caliper of two and one-half to three and one-half (2-1/2"-3-1/2") inches as measured at a point four and one-half (4-1/2') feet above the ground or coniferous trees with a planting height of six to eight (6' to 8') feet. The species shall be of a type native to the region.
5. 
The burying of stumps or debris on site is prohibited.
6. 
Clear cutting for any purpose exceeding two and one-half (2.5) acres shall be reviewed by the township engineer after an advisory review and comment by the environmental commission.
7. 
Clearing of trees to obtain a view shall be conducted in a manner that provides for concealing and buffering of any structures.
8. 
Except for driveway openings, no permit shall be issued for tree cutting and removals which:
(a) 
Are within twenty-five (25') feet of a stream bank or 100 year floodplain;
(b) 
Remove shade from water courses;
(c) 
Are within seventy-five (75') feet of a stream bank or 100 year floodplain, except as part of a staged BMP (Best Management Practices (BMPs) harvesting/ reforestation plan); or
(d) 
Are within seventy-five (75') feet of a designated scenic road, except where the scenic character will be enhanced in a demonstrable way.
9. 
Except where it can be demonstrated that no significant habitat destruction or significant species displacement will occur, no permit shall be issued for removals in any locally recognized critical habitat identified in the master plan.
10. 
Any trees that have not survived two years from planting shall be replaced.
[Ord. #2001-32, S 1; Ord. #09-028, S 10]
In the event that an application is denied by the township engineer, the applicant may seek reconsideration of the permit or a portion thereof from the land use board (or from the board of adjustment if the permit is being sought in conjunction with a variance application over which the board of adjustment has jurisdiction). The reviewing board reconsidering the permit shall apply the standard for exceptions set forth in N.J.S.A. 40:55D-51.
[Ord. #2001-32, S 1]
Permits shall be valid for a period of six months from the date of issue.
[Ord. #2001-32, S 1]
The township engineer shall be notified in writing at least 72 hours in advance of the commencement of any land disturbance or tree removal. Inspections will be conducted by the township engineer or his designated representative and billed against the escrow deposit.
[Ord. #2001-32, S 1]
All applications shall be accompanied by a nonrefundable application fee in the amount of $100. Upon review of the application, the township engineer shall determine the amount of an inspection escrow for the project. This escrow deposit shall be made prior to the commencement of any land disturbance or tree removal. Reconsideration of permit shall require payment of a reconsideration fee of $100 and an escrow charge of $300.
[Ord. #2001-32, S 1]
The removal of any trees without a permit approved under this chapter shall be subject to the applicable penalties in this chapter as well as the requirement for the replacement of each tree removed at a ratio of 1.1 new trees per tree removed. Fractional trees shall be rounded up.