[HISTORY: Adopted by the City Council of the City of Estell
Manor as indicated in article histories. Amendments noted where applicable.]
[Adopted by Ord. No. 79-5 (Ch. III, Sec. 3-5, of the 1974 Revised General Ordinances);
amended in its entirety at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
It shall be unlawful for any person to cut, remove, destroy or damage any trees, logs or other timber, whether living or dead, from or upon the land of another without the express permission of the owner thereof; nor shall any owner of land or his agent cut the trees thereon without completing the requirements as provided in Article II, Tree Cutting and Forestry, of this chapter. This provision shall not apply to the cutting of trees by the owner thereof for his personal household use, and provided that they are not offered for sale or other commercial use.
[Adopted by Ord. No. 84-11 (Ch. IV, Sec. 4-4, of the 1974 Revised General Ordinances);
amended in its entirety at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
The governing body of Estell Manor does herein declare that
the woodlands are an important cultural, ecological, scenic and economic
resource; that proper management of this resource will ensure its
maintenance for all forest benefits, including, but not limited to,
watershed protection, wildlife habitat, recreation and aesthetics;
and that such management may, at the same time, provide greater economic
returns for timber harvesting.
For purposes of this article, the terms herein shall be defined
as follows:
The planting, cultivating and harvesting of trees for the
production of wood products, including firewood or for forest health.
It includes such practices as reforestation, site preparation and
other silvicultural practices, including but not limited to artificial
regeneration, bedding, broadcast scarification, clear-cutting, coppicing,
disking, drum chopping, group selection, individual selection, natural
regeneration, root raking, seed tree cut, shelterwood cut and thinning.
For purposes of this article, the following activities shall not be
defined as forestry:
Removal of trees located on a parcel of land one acre or less
on which a dwelling has been constructed.
Horticultural activities involving the planting, cultivating
or harvesting of nursery stock or Christmas trees.
Removal of trees necessitated by the development of a parcel as otherwise authorized by Chapter 380, Zoning, of the Code of the City of Estell Manor.
Removal of trees necessary for the maintenance of utility or
public rights-of-way.
Removal or planting of trees for the personal use of the parcel
owner.
Removal of trees for public safety.
The following activities are permitted:
A.
Normal and customary forestry practices on residentially improved
parcels of land that are five acres or less in size.
B.
Tree harvesting, provided that no more than one cord of wood per
five acres of land is harvested in any one year and that no more than
five cords of wood are harvested from the entire parcel in any one
year.
C.
Tree planting, provided that the area to be planted does not exceed
five acres in any one year, no soil disturbance occurs other than
that caused by the planting activity and no trees other than those
authorized by N.J.A.C. 7:50-6.25 are to be planted.
D.
Forest stand improvement designated to selectively thin trees and
brush, provided that no clearing or soil disturbance occurs and that
the total land area on the parcel in which the activity occurs does
not exceed five acres in any one year.
E.
Prescribed burning and the clearing and maintaining of fire breaks.
Forestry in the Pinelands Area shall be carried out in accordance
with the standards set forth in N.J.A.C. 7:50-6.46.
A.
All forestry activities shall serve to maintain Pinelands native
forest types, including those which are locally characteristic, except
in those stands where other forest types exist.
B.
Any newly developed access to lands proposed for harvesting shall
avoid wetland areas except as absolutely necessary to harvest wetlands
species or to otherwise gain access to a harvesting site.
A.
A complete wood cutting and Forestry Management Plan must be submitted
to the New Jersey Division of Forest Management, 5555 Atlantic Ave,
Mays Landing, NJ 08330. All procedures shall be followed accordingly.
B.
Required Documentation to the City of Estell Manor, City Clerk:
(1)
The
landowner must provide a letter from the NJ Division of Forest Management
to the City Clerk, indicating that all requirements have been met
and that forestry activities on the owner’s parcel of land are
enrolled in the NJ Forest Stewardship Program. This document shall
serve as evidence of the completion of an application and approval
the NJ Division of Forest Management and the NJ Pinelands Commission
as well as evidence that the activities are consistent with the standards
of the Comprehensive Forestry Management Plan.
(2)
The
owner of a parcel of land over five acres not applying for Farmland
Assessment but engaging in forestry activities is required to submit
an application to the NJ Division of Forest Management that can be
prepared either by themselves or a Consulting Forester. The application
must also indicate compliance with the NJ Pinelands Commission Regulations
and the NJ Freshwater Wetlands Protection Act, which regulates forestry
activities conducted within forested wetlands and transitional areas.
If meeting the requirements, the application will be forwarded by
the Division of Forest Management to the Pinelands Commission for
approval. The notice of approval will serve as the required documentation.
A.
Additional conditions to be fulfilled by an owner of woodland that
is devoted exclusively to the production for sale of trees and forest
products other than Christmas trees and that is not appurtenant woodland:
(1)
The
owner of land that is devoted exclusively to the production for sale
of trees and forest products, other than Christmas trees, and that
is not appurtenant woodland shall annually submit to the assessor,
in addition to a completed and timely filed application for farmland
assessment (Form FA-1) and gross sales verification form (Form FA-1
G.S.), the following information:
(a)
A copy of the current woodland management plan for the landowner's
woodlands prepared in accordance with the criteria set forth at N.J.A.C.
18:15-2.10. Unless the assessor requests such re-submission, re-submission
of the current plan is not required if the plan was previously submitted
to the assessor and the owner indicates on Form WD-1 that there is
no change in the plan as initially submitted or, if applicable, when
it was most recently revised and resubmitted. However, any new plan
or amended plan not yet on file with the assessor must be submitted.
(b)
A completed woodland data form (Form WD-1), as prescribed by the
Director of the Division of Taxation. The information provided on
such form must apply to the entire pre-tax year and include the following:
[1]
A description of all woodland management activities and practices
carried out or to be carried out;
[2]
A statement as to the type and quantity of tree and forest products
sold or to be sold;
[3]
The amount of income received and an estimate of additional income
anticipated to be received from the sale of trees and forest products;
[4]
A certification in lieu of an oath signed by both the landowner and
an approved forester stating that the land is woodland, actively devoted
to agricultural use, that the activities and practices reported on
Form WD-1 have been or will be carried out in the pre-tax year, their
implementation represents compliance with the filed woodland management
plan, and that the information provided on the form is true and correct;
and
[5]
A certification in lieu of an oath signed by the landowner stating
that the income reported on Forms FA-1 G.S. and WD-1 as received or
anticipated to be received from the sale of trees and forest products
is valid and true and, if any activities and practices reported on
the form have not been completed at the time of its submission, that
they will be completed within the pre-tax year.
(2)
The
activities and practices listed on Form WD-1 must be completed by
the end of the calendar year.
(3)
If
the documents set forth in (a) above are not submitted annually to
the assessor, the application will be denied and such land will not
be considered to be in agricultural use.
(4)
The
assessor shall not approve an application that includes woodland that
is not appurtenant woodland until a woodland management plan has been
prepared and approved by the State Forester and the owner has managed
the woodland in accordance with the approved plan for at least the
two successive years immediately preceding the tax year for which
valuation, assessment, and taxation under the Farmland Assessment
Act, N.J.S.A. 54:4-23.1, is requested.
B.
If not already contained in the woodland management plan required in Subsection A above, the following shall be submitted:
(1)
The
applicant's name, address and interest in the subject parcel.
(2)
The
owner's name and address, if different from the applicant's, and the
owner's signed consent to the filing of the application.
(3)
The
block and lot designation and street address, if any, of the subject
parcel.
(4)
A brief
written statement generally describing the proposed forestry activities.
[1]
Editor's Note: The following provisions are pursuant to N.J.A.C.
18:15-2.7 et seq.
A.
This article
shall be enforced by the New Jersey State Department of Environmental
Protection, Division of Parks and Forestry, Bureau of Forestry, the
State Forest Service and State Forest Fire Service (see N.J.S.A. 13:9-1
et seq.).
B.
Any complaint
made to the City of Estell Manor regarding violations of this article
shall be referred to the applicable enforcing agency as indicated
above.
C.
Nothing
contained herein shall be deemed to restrict or impede enforcement
of any power or authority granted jurisdiction.
