The Township Committee of the Township of Branchburg, having
found that indiscriminate, uncontrolled and excessive destruction,
removal and cutting of trees upon lots and tracts of land within the
Township causes increased drainage control costs, increased soil erosion
and sedimentation, decreased fertility of the soil, decreased groundwater
recharge, increased buildup of atmospheric carbon, and increased dust.
These impacts tend to adversely impact the character of the Township
and decrease property values, render land unfit and unsuitable for
its most appropriate use and adversely affect the health, safety and
general welfare of the inhabitants of the Township. The Township Committee
therefore desires to regulate and control indiscriminate and excessive
cutting of trees within the Township, preserve the maximum possible
number of trees in the course of development of a site, protect larger,
older specimens of trees, encourage innovative design and grading
to promote the preservation of existing trees.
With the exception of the exemptions set forth in subsection
10-1.4, no person shall cut or remove, or cause to be cut or removed,
any existing tree with a circumference at point of measurement of
19 inches or greater upon any lands within the Township unless the
cutting or removal can be accomplished in accordance with the provisions
of this Article.
With the exception of the exemptions set forth in subsection
10-1.4, no tree shall be cut or otherwise removed from any lands in
the Township without a tree removal permit. All applications to the
Planning Board or Zoning Board of Adjustment for approval of a major
subdivision, minor subdivision, or any site plan requiring tree removal,
unless otherwise exempt pursuant to this Article, shall include all
necessary information required by this Article for tree protection
and tree removal. Where an application for a tree removal permit is
made for purposes not related to major subdivision, minor subdivision,
or site plan approval, an application for a tree removal permit shall
be submitted to the Zoning Officer. No tree that was planted or preserved
as part of any landscape plan or in accordance with any street tree
requirements approved in conjunction with a subdivision or site plan
shall be removed. Exception shall be such trees directed to be removed
pursuant to subsection 10-1.4F, G and I below.
[Ord. No. 2015-1282 § 1]
The following shall be exempt from the requirements of this
Article:
A.
Commercial nurseries and fruit orchards.
B.
Christmas tree farms.
C.
Residential lots that are 1.75 times the required lot size or less
and are removing no more than 10 trees with a seventy-five-inch circumference
or less in any two-year period.
D.
Residential lots that are greater than 1.75 times the required lot
size and are removing no more than 10 trees with a seventy-five-inch
circumference or less in any two-year period.
E.
Any tree which is part of a cemetery.
F.
Trees directed to be removed by municipal, County, State or Federal
authority pursuant to law.
G.
Removal of trees which are dead, dying or diseased, or trees which
have suffered damage, or any tree or trees whose angle or growth makes
them a hazard to structures or human life.
H.
Pruning or removal of trees within the right-of-way by utility companies
for maintenance of utility wires or pipelines and the pruning of trees
within sight easements.
I.
Trees removed in conjunction with farmland greater than five acres
in size that will be actively devoted primarily to agricultural uses
and that yield a minimum annual income of $500 from said farming activities.
Where the owner desires to remove any trees for the purpose of expanding
farmlands, an inventory of trees to be removed, identified by size
and species, shall be prepared and filed with the Zoning Officer prior
to any tree removal. In the event the expanded farmlands are not actively
devoted primarily to farming activities for a period of five years
following tree removal, the tree replacement provisions contained
in subsection 10-1.5D shall apply.
J.
Projects that are required to receive and have received subdivision
or site plan approval.
K.
Projects which provide over 20 low and moderate income affordable
housing units as defined and accepted under COAH requirements of the
Township's COAH obligation or accepted as part of any Mount Laurel
litigation settlement. Such projects shall, however, be designed in
an innovative manner through layout, grading and drainage to minimize
excessive cutting of trees and promote the preservation of existing
trees.
[1]
Editor's Note: Subsection 10-1.5, Tree Removal Requirements
for Major Subdivisions and Site Plans was deleted by Ord. No. 2015-1282.
Any residential lot that does not meet the requirements of subsection
10-1.4 shall submit an application for a tree removal permit as follows:
A.
Application form. The application form shall be available from the
Zoning Officer and shall include the following information:
1.
Name and address (street and lot and block) of the owner of
the premises and status of legal entity (individual, partnership,
corporation of this or any other state, etc.);
2.
Status of the applicant with respect to land (owner, lessee,
tenant, purchaser, under contract, etc.);
3.
Name and address of the applicant for the permit if other than
the owner, accompanied by the owner's written consent;
4.
Description of the premises where removal is to take place,
including lot and block numbers, and street address if assigned;
5.
A list of all trees to be removed with a circumference equal
to or greater than 25 inches identified by size and species, including
total number of each species to be removed;
6.
Purpose for tree removal (construction, street or roadway, driveway,
utility easement, recreation area, patio, parking lot, etc.);
7.
Such other information as may be deemed necessary in order to
effectively process and decide such application.
B.
Sketch data.
1.
Base information.
(a)
A sketch shall be provided showing the location of the tree(s)
to be removed with a circumference of 18 inches or greater in proximity
to existing and/or proposed structures and property lines. Such sketch
shall be of a scale and clarity to be suitable by the Zoning Officer
for the purposes of this Article.
2.
Design requirement.
(a)
Trees to be removed shall be those trees necessary to permit
the construction of buildings, structures, decks, driveways, septic
field, lawn area for recreational use by the inhabitants of the dwelling,
and any other authorized improvements. Existing vegetation shall be
preserved to the greatest extent feasible.
(b)
Subsection 10-1.10 of this Article shall be considered in the
decision to permit the removal of any regulated trees.
C.
Tree removal criteria. In addition to the design requirements stated
above, the Zoning Officer may grant a tree removal permit based upon
one or more of the following circumstances:
1.
Where the location of an existing tree provides no other alternative
but to place a structure outside the permitted building setbacks.
2.
Where the location of an existing tree negatively impacts on
an existing septic field.
3.
Where no other alternative exists for the placement of a septic
field, driveway, deck, patio, lawn area for the recreational use by
the inhabitants of the dwelling, or any other authorized improvements
but in the vicinity of an existing tree.
4.
Where the location or growth of a tree inhibits the enjoyment
of an outdoor pool, patio or deck.
5.
Where the location, angle or growth of an existing tree makes
it a hazard to structures or human life.
D.
If, in the opinion of the Zoning Officer, the request for tree removal
does not satisfy the above criteria, then the application may be forwarded
to the Planning Board for action.
[Ord. No. 2015-1282 § 3]
A.
Any nonresidential lot owner seeking to remove more than five trees
with a circumference of 55 inches or less in a two-year period shall
submit an application for a tree removal permit to the Township Engineer.
The application and development proposal shall conform to the provisions
contained herein. No tree with a circumference of 55 inches or greater
shall be removed without a tree removal permit unless exempted pursuant
to subsection 10-1.4.
B.
The Zoning Officer may grant a tree removal permit based upon one
or more of the following circumstances:
1.
Where the location of an existing tree provides no other alternative
but to place a structure outside the permitted building setbacks.
2.
Where the location of an existing tree negatively impacts upon
an existing septic field.
3.
Where no other alternative exists for the placement of a septic
field, driveway, parking, or any other authorized improvement but
in the vicinity of any existing tree.
4.
Where the location, angle or growth of an existing tree makes
it a hazard to structures or human life.
5.
Where an application for a tree removal permit involves the
practice of silviculture based upon an approved plan by the New Jersey
Bureau of Forestry.
The Zoning Officer may grant approval subject to the applicant
providing, in sufficient detail, a site rehabilitation plan and proving
that the proposed tree removal meets the following standards and requirements:
(a)
Access to the area proposed for tree harvesting or thinning
shall be direct, follow previously established roads and trails to
the maximum extent practical, avoid wetland areas except as are absolutely
necessary to harvest wetland tree species or to gain access to the
harvesting site, and avoid crossing streams with high and unstable
banks and this with approaching slopes exceeding 15% where alternative
crossings exist.
(b)
All activities conducted in connection with a harvesting or
thinning operation, whether preliminary to, during, or after the harvesting
or thinning, shall be carried out in accordance with the current regulations
of the New Jersey Bureau of Forestry.
(c)
In undertaking the cutting of trees, each tree selected shall
be so marked as to enable identification of the base after removal,
all trees shall be cut to the base, all unmarked trees accidentally
or necessarily cut shall be left in the woodlot until the owner has
been paid for such tree or trees, and all practical steps shall be
taken to minimize damage to undesignated trees.
(d)
All damage to the soil or alterations to streams or wetlands
shall be repaired to the satisfaction of the Zoning Officer at the
conclusion of harvesting or thinning operations, which repairs shall
include, but are not limited to, regrading all areas disturbed for
access, processing, moving or loading trees to their approximate natural
slopes, installing water diversion devices in order to avoid erosion
in such areas, stabilizing bare ground areas with vegetation where
necessary, removing all debris from streams, collecting all non-vegetative
refuse, and removing all hanging trees.
(e)
All applications involving harvesting activities shall ensure
the regeneration of the harvested forest and application for tree
thinning activities may be conditioned on the planting of seedlings
or other replacement trees.
(f)
The applicant, or the owner of the subject property and the
applicant if they are of the same, shall submit an undertaking guaranteeing
reimbursement to the Township for moneys expended to repair damage
done to any public road, highway, place or property, which undertaking
shall be in form for recording in the Somerset County Clerk's office.
(g)
Any application filed with the Zoning Officer to which a "Management
Plan" developed by the New Jersey Department of Environmental Protection,
Bureau of Forestry is attached shall be presumptively valid and all
activities in accordance with the plan shall be permitted.
C.
If, in the opinion of the Township Engineer, the request for tree
removal does not satisfy the above criteria, then the application
may be forwarded to the Planning Board for action.
D.
Application form. The application form shall be available from the
Zoning Officer and shall include the following information:
1.
Name and address (street and lot and block) of the owner of
the premises and status of legal entity (individual, partnership,
corporation of this or any other state, etc.);
2.
Name and address of the applicant for the permit if other than
the owner, accompanied by the owner's written consent;
3.
Status of the applicant with respect to land (owner, lessee,
tenant, purchaser, under contract, etc.);
4.
Description of the premises where removal is to take place,
including lot and block numbers, and street address if assigned;
5.
Purpose for tree removal (construction, street or roadway, driveway,
utility easement, recreation area, patio, parking lot, etc.);
6.
Number of trees to be removed, and the species and size of each
such tree;
7.
Proof that there are no delinquent property taxes or assessments
due on the property for which the application is submitted;
8.
Such other information as may be deemed necessary in order to
effectively process and decide such application.
E.
A sketch shall be provided showing the following information. Such
sketch shall be of a scale and clarity found to be suitable by the
Zoning Officer for the purposes of this Article.
1.
Name, address and telephone number of the person preparing the
drawing.
2.
A drawing of the property specifically designating the area
or areas of proposed tree removal, and the proposed use for such area.
3.
Clear labeling of the area intended for tree removal including
the size and species of each tree in such area.
4.
Location of staging areas.
5.
Location of slopes greater than 15% where tree removal is proposed
and stream crossing when deemed appropriate by the Zoning Officer.
6.
Such other information as may be deemed necessary in order to
effectively evaluate the application.
F.
Tree protection, as deemed appropriate by the Zoning Officer, shall
be provided.
G.
Tree replacement.
1.
Where clearing of the site results in accidental removal, or
severe damage will eventually result in death, of any tree not noted
for removal, the applicant shall replace the tree(s) on a one-to-one
basis per individual tree in accordance with the following table:
|
Circumference of Existing Tree Removed
|
Number of Replacement Trees (with 7 inches to 9 inches circumference)
|
|---|---|
|
Less than 19 inches
|
1
|
|
Between 19 and 38 inches
|
3
|
|
Between 38 and 57 inches
|
4
|
|
Between 57 and 75 inches
|
5
|
|
Between 75 and 94 inches
|
7
|
|
Between 94 and 113 inches
|
1
|
|
113 inches or greater
|
The equivalent of 9 inches circumference trees or greater needed
to equal the circumference of the removed tree
|
2.
Replacement tree(s) shall be located on site.
3.
The type of replacement tree(s) shall be the same as the species
removed from the site or other as approved by the Board.
In addition to any design requirements provided in this Article
and unless otherwise indicated herein, a tree removal permit may only
be granted for the following reasons and under the following terms
and conditions:
A.
Where the area proposed for tree removal is to be occupied by: a
building or other structure; a street or roadway; a driveway; a parking
area; a patio; a swimming pool; a recreation area; a power, drainage,
sewerage or any other utility line, easement, or right-of-way; a clearance
area for the placement of storage of soil, fill or construction materials
or debris during tree removal and/or construction operations; or where
the area of tree removal is not greater than 20 feet on either side
of or around the perimeter of any of the foregoing, whichever is applicable.
B.
In areas proposed for tree removal which are not to be occupied by
any of the uses or facilities set forth in paragraph A of this subsection.
1.
That the continued presence of such tree or trees is likely
to cause danger to persons or property upon the property for which
removal is sought, or upon adjoining or nearby property.
2.
That the area where such tree or trees are located has a cut,
depression or fill of land, or the topography of the land is of such
a character as to be injurious or dangerous to such tree or trees,
or to tree or trees located nearby.
3.
That the removal of trees is for the purpose of conducting forestry
activities, which activities include, but are not limited to, the
harvesting of trees in accordance with a forest management plan and
the thinning out of a heavily wooded area, with some trees to be removed,
and other trees to remain.
C.
Upon an express finding by the appropriate decisional authority that
the proposed tree removal will not result in or cause, increase or
aggravate any or all of the following conditions: impaired growth
or development of remaining trees or shrubs on the property of the
applicant, or upon adjacent property; soil erosion; sedimentation
and dust; drainage or sewerage problems; dangerous or hazardous conditions;
and depression in the land value of the subject property and properties
in the neighboring area.
D.
The appropriate decisional authority shall have the power to affix
reasonable conditions to the granting of the permit for the removal
of trees.
Whenever an application for tree removal is granted under the
terms and conditions of this Article, the following protective measures
shall be observed:
A.
No material or temporary soil deposits shall be placed within six
feet of any existing tree trunk.
B.
Except while engaged in tree removal, no mechanical equipment weighing
in excess of two tons, including but not limited to bulldozers, earth
movers, or other heavy construction equipment, shall be operated within
six feet of any tree protected by this Article and no such equipment
shall be operated at any time in such a manner as to break, tear,
bruise, decorticate or otherwise injure any living or dormant tree.
A.
Time for approval.
1.
Where the permit application is submitted as a part of an application
for major subdivision, minor subdivision or site plan approval, the
time for approval shall be governed by the timing requirements applicable
to major subdivision, minor subdivisions or site plans.
2.
Where the permit application is not made in connection with
a major subdivision or site plan application, the Board shall act
on the application within 90 days of its receipt or within such additional
time as is consented to by the applicant. Failure of the Board to
act within 90 days, or any extension thereof, shall be deemed to be
an approval of the application and thereafter the Zoning Officer shall
issue a tree removal permit based thereon.
3.
Where the application is made in connection with a single family
lot (not part of a major or minor subdivision), the Zoning Officer
shall act on the application within 30 days of its receipt or within
such additional time as is consented to by the applicant. Failure
of the Zoning Officer to act within 30 days, or any extension thereof,
shall be deemed to be an approval of the application and thereafter
the Administrative Officer shall issue a tree removal permit based
thereon.
4.
Approval by default with regard to major subdivision, minor
subdivision and site plan applications, shall not be deemed to be
a waiver of a tree removal permit.
B.
No approval shall be granted by the Board or Zoning Officer
if the proposed tree removal is contrary to the best interests of
the public health, safety or general welfare.
Permits granted for the removal of trees under the terms and
conditions of this Article shall run with the land, and shall remain
in force and effect for the following periods of time, and not thereafter.
A.
If granted for a lot or parcel of land for which no building
permit is required - one year from the date of issuance.
B.
If granted for a lot or parcel of land for which a building
permit is required, but for which no site plan approval is required
by the Township Planning Board - until expiration of the building
permit granted with such tree removal permit.
C.
If granted for a lot or parcel of land for which site plan approval
from the Township Planning Board is required as a condition precedent
to obtaining a building permit - until expiration of the site plan
approval, or expiration of the building permit issued after such site
plan approval.
D.
If granted for a lot or parcel of land for which minor subdivision
is sought - one year from the date of granting such minor subdivision.
E.
If granted for a lot or parcel of land for which tentative approval
of a major subdivision is sought - until expiration of such tentative
approval.
Prior to taking final action upon any application for tree removal,
an inspection of the site shall be made by:
A.
The Zoning Officer in those cases where final determination
is to be made as to the granting or denial of an application.
B.
Such inspection shall be made of the site referred to in the
application, and of contiguous and adjoining lands, as well as of
lands in the vicinity of the application, for the purpose of determining
drainage conditions and physical conditions existing thereon.
A.
The holder of a tree removal permit shall notify the Zoning
Officer in writing at least four business days in advance to when
tree removal activity will commence.
1.
The notice shall also include advice as to the manner of disposal
of the removed trees. Where appropriate, the Zoning Officer shall
advise the Township Recycling Coordinator of the name of the permit
holder, the location of the removal site, the date removal is to commence,
and the manner of disposal to be employed.
