[HISTORY: Adopted by the Township Committee of the Township
of Commercial as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-16-2015 by Ord. No. 2015-568]
It is determined the bamboo plant is an invasive and not native
plant and difficult to control. It can and has caused significant
damage to properties in Commercial Township. The purposes of this
article are to preserve and protect private and public property from
the damaging spread of bamboo grasses and plants, to protect indigenous
plants from the invasive spread of bamboo and to maintain the general
welfare of the residents of Commercial Township. Any actions pertaining
to this article must be initiated by a complaint by the owner of an
affected property.
No owner, tenant, or occupant of a property, or person, corporation
or other entity, shall plant, install, or cause or permit the planting
or installation of plant species commonly known as running (monopodial)
bamboo or clumping (sympodial) bamboo, including, but not limited
to, the following plant genera: Arundinaria, Bambusa, Chimonobambusa,
Dendrocalamus, Fargesia, Phyllostachys, Pleioblastus, Pseudosasa,
Sasa, Sasaella, Semiarndinaria within 50 feet of a property line abutting
an adjacent property of a different landowner, on any property in
Commercial Township. In all cases, the landowner has the responsibility
to contain the bamboo and prevent it from intruding on the property
of another.
In the event any species commonly known as running bamboo clumping
bamboo is located within 50 feet of a property line and is encroaching
onto the an adjacent property, on any property within Commercial Township,
prior to the effective date of this prohibition, the owner and occupant
of said property shall jointly and severally be required to confine
such species to prevent the encroachment, spread, invasion or intrusion
of same onto any other private or public property or public right-of-way.
In lieu of confining the species, the owner or occupant may elect
to totally remove the bamboo from the property and all affected properties.
Failure to properly confine such bamboo shall require removal as set
forth below. The cost of said removal shall be at the bamboo property
owner's expense. In the case of properties gifted to the Township
or in foreclosure and the property of a bank, the Township or the
bank shall be responsible to prevent the encroachment of bamboo onto
adjacent properties. This duty to confine shall not apply if the property
owner and/or occupant can establish to the satisfaction of the Construction
Official that the bamboo which is on his/her property at the time
of the adoption of this article originated on another property.
A.
In the event running bamboo or clumping bamboo is present on the
effective date of this prohibition and a complaint is received by
the Township from the affected landowner, regarding an encroachment
of any bamboo plant or root, and the Code Enforcement Officer of the
Township, after observation and/or inspection, determines there is
an encroachment or invasion on any adjoining/neighboring private or
public property or public right-of-way (herein after, "the affected
property"), the Township shall serve notice to the bamboo property
owner, in writing, that the bamboo has invaded other private or public
property(ies) or public rights-of-way and demand the removal of the
bamboo from the affected property, and demand approved confinement
against future encroachment or, in the alternative, the total removal
from the bamboo property owner's property. Notice shall be provided
to the bamboo property owner, as well as the owner of the affected
property by certified return receipt requested mail and regular mail.
Within 21 days of receipt of such notice, the bamboo property owner
shall submit to the Code Enforcement Officer of the Township, with
a copy to owner of the affected property, a plan for the removal of
the bamboo from the affected property, which plan shall include restoration
of the affected property after removal of the bamboo. Within 90 days
of receipt of the Code Enforcement Officer's approval of the plan
of removal and restoration, the removal and restoration shall be completed
to the satisfaction of the Code Enforcement Officer of the Township.
B.
If the bamboo property owner does not accomplish the removal of the
bamboo from such private or public property or public right-of-way
in accordance herewith, the Township shall remove the encroaching
bamboo and all cost of removal shall be reimbursed by the offending
property owner. A lien may be placed against the offending property
to allow the Township to recover all costs associated with the removal
of the bamboo. Nothing herein shall be interpreted as limiting the
rights of a private property owner to seek civil relief through a
court of proper jurisdiction, nor the institution of civil proceedings
against the property parties.
C.
When an encroachment is upon public property or public right-of-way
and the bamboo property owner and/or occupant has not complied with
the written notice as set forth above, Commercial Township, at its
discretion, may remove or contract for the removal of such bamboo
from the Township property or public right-of-way. The cost of such
removal shall be the responsibility of the bamboo property owner and
occupant, if the occupant is responsible for the planting of the bamboo,
and shall be paid or assessed by a lien against the property for the
costs of removal on which the bamboo growth originated. The cost of
said removal shall include the installation of an appropriate barrier
recommended by the American Bamboo Society and available from many
bamboo growers to prevent further bamboo invasion.
Any running bamboo or clumping bamboo either planted or caused
to be planted or existing on the effective date of this article may
not be replanted within 50 feet of an adjacent property line or replaced
once such bamboo is or has become dead, uprooted or otherwise removed.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction, be subject to a fine not exceeding
$2,000, imprisonment for a term not exceeding 90 days or a period
of community service not exceeding 90 days, or any combination thereof.
[Adopted 8-15-2013 by Ord. No. 2013-546]
A.
The governing body of the Township of Commercial finds that uncontrolled
removal of trees causes soil erosion; siltation of surface waters;
flooding; enlarged floodplains; air, water and noise pollution; wind
damage to property; and elevated air temperatures in summer. The loss
of trees reduces groundwater recharge, soil fertility, and aquatic
and terrestrial native wildlife habitants. Tree removal may reduce
the historic incentive to dwell in this community because of its rural
atmosphere and high quality of life. All of the above lead to the
degradation of regional biodiversity and the ecosystem instability,
rendering land unfit for its most appropriate use and adversely affecting
the health, safety and general welfare of the inhabitants of the Township.
Therefore, the Township of Commercial desires to regulate the cutting
of trees within the Township, to regulate future development of lands
which are not fully developed, to preserve the maximum possible number
of trees in the course of development of a site, to protect larger,
older specimens of trees and to encourage innovative design and grading
to promote the preservation of existing trees.
It is the intent of this article to protect and to maintain
the rural atmosphere and natural resources of the Township, consistent
with the goals and objectives of the master plan, to encourage the
protection of every landmark tree within the Township and, to the
greatest extent practicable, of each specimen tree.
As used herein, the following terms shall have the meanings
indicted:
A land use to derive income from growing plants or trees
on land, including, but not limited to, land used principally for
timber production, and not including land used principally for another
use and incidentally for growing trees or plants for income.
Standard measure of tree size for trees to be newly planted;
the diameter of a tree six inches above the ground; if that diameter
is greater than four inches, the diameter 12 inches above the ground.
A plant or tree nursery or farm having trees which are planted
and growing for sale or intended sale to the general public in the
ordinary course of business.
Areas which are located within 300 feet of both edges of
a stream; areas within the one-hundred-year floodplain as defined
by the Federal Emergency Management Agency (FEMA); and areas defined
as wetlands and their respective transition buffers by the New Jersey
Department of Environmental Protection. The Township's environmental
mappings may be used to generally locate such critical areas.
The branches and foliage of a tree; the upper portion of
a tree.
An application filed with the Township Land Use Board pursuant
to the Municipal Land Use Law[1] and the Township land development ordinances[2] for approval of a subdivision plan, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
The diameter of a tree measured 4 1/2 feet (forestry
method) above the ground level on the downhill side.
In the case of a development application, shall mean the
approving authority, the Land Use Board.
That portion of a lot covered by existing or proposed buildings,
structures or improvements and within a certain distance around the
same as noted below:
The perimeter line on the ground measured from the outermost
edge of the vertical plane established by the branches of the tree.
Any species of tree which has been determined by the Federal
Fish and Wildlife Service or the State of New Jersey to be endangered
or threatened.
A plan approved by NJDEP which details the management practices
proposed to be employed on a site.
A person who has a bachelor of science degree from a four-year
school of forestry accredited by the Society of American Foresters.
Any tree representing or approaching in girth the largest
of its species in the State of New Jersey, or dedicated to or commemorating
an individual or event, as may be maintained by the State of New Jersey
or the Township of Commercial.
Any tree with a diameter of 30 inches or greater.
A person certified as a landscape architect by the State
of New Jersey.
An individual who has been gainfully employed for a period
of at least five years in a position involving the care and planting
of trees.
Any tree listed by the NJDEP as indigenous to the state.
A list of native trees will be available in the Township Office. Lists
of trees native to New Jersey can also be found on the Internet.
Any tree with a diameter less than 16 inches but at least
six inches.
Any permit in writing and issued by a Township official.
Any individual, person, association, company, corporation
or similar group.
A nursery-grown certified tree, properly balled, marked with
a durable label indicating genus, species and variety, and satisfying
the standards established for nursery stock and installation thereof,
set forth by the most recent publication of the American Association
of Nurserymen.[3]
Any tree with a diameter of at least 16 inches, but less
than 30 inches.
The removal of undesirable, competitive, diseased or damaged
trees so as to cultivate and improve the development of remaining
trees on the lot.
The Township of Commercial or any designated representative.
Any woody perennial plant usually having but one main stem
or trunk and a more or less definitely formed crown, and which has
the potential based on its genus and species to grow to a height of
10 feet or more.
The top layer or crown of mature trees.
That portion of a lot outside of the disturbance zone.
The cutting down of a tree, the transplanting of a tree to
a site other than that under development or the infliction of damage
to a tree which is of such severity as to show evidence within a period
of two years of irreparable harm leading to the ultimate death of
a tree.
A.
This article pertains to any new residential construction on-site plan. Existing business and commercial properties are exempt. No tree shall be cut or otherwise removed from any lands in the Township of Commercial except as permitted by this chapter. All development applications that involve tree removal shall include an application for a tree removal permit for each lot that will result from the application. Any applicant wishing to remove trees upon the property which is the subject of the development application must comply with § 310-13 of this article. No part of this article will apply to homeowners clearing trees on their own property so long as the cutting of the trees is not part of a subdivision. No homeowner may cut more than 50% of the trees on the property for any reason except those listed below in § 310-11 of this chapter. No tree that was planted or preserved as part of any approved subdivision or site plan or in accordance with any street tree requirements approved in conjunction with a subdivision or site plan shall be removed, except as permitted by § 310-11 of this chapter. This article supersedes § 145-44, Clear cutting and/or woodcutting, of Chapter 145, Development Regulations.
B.
The filing
of a development application shall constitute the applicant's
consent for the Township Zoning Officer to enter upon the applicant's
land for purposes of inspection.
C.
Development applications. In development applications, recommendations
of the Environmental Commission shall be advisory to the decisional
authority.
D.
Appeals. Appeals from decisions of the Land Use Board may be taken
in accordance with the Municipal Land Use Law.[1]
(1)
The standards contained herein shall be considered the minimum standards
to be met and maintained. Standards established by other Township
ordinances or by state and federal rules and regulations shall apply
where those standards are more restrictive than the standards set
forth herein.
(2)
Plans for the harvesting of timber and or silviculture shall be in
accordance with the standards and recommendations of the New Jersey
State Bureau of Forestry. A copy of such plan must be filed with the
Environmental Commission, the Township Land Use Board and Township
Committee at least 30 days prior to the harvesting of timber and/or
silviculture.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
Except as permitted in § 310-11, no person shall cut or remove, or cause to be cut or removed, any tree with a DBH of four inches or greater upon any lands within the Township of Commercial unless the cutting or removal can be accomplished in accordance with the provisions of this article. No person shall cut, destroy or remove any historic or endangered tree as defined in § 310-9 above, without a permit. No person shall cut or remove any tree within wetlands, flood hazard areas or other areas protected by state or federal law or applicable EPA or NJDEP regulations. For a list of endangered and threatened species, see the following New Jersey Environmental Protection website: http://www.nj.gov/dep/parksandforests/natural/heritage/jan2010plantlist.pdf.
The following shall be exempt from the requirements of this
article:
A.
Removal of dead trees, diseased or irreparably damaged. Any person
relying on this exemption without prior consultation with the Environmental
Commission must prove to the satisfaction of the Environmental Commission
that the tree was dead at removal.
B.
Removal by cemeteries of trees within their limits.
C.
Removal of trees directed to be removed by municipal, county, state
or federal authorities.
D.
Pruning of trees by utility companies for maintenance of utility
wires or pipelines and the pruning of trees within site easements.
E.
Removal of trees in compliance with a forestry management plan that
has been approved by NJDEP pursuant to N.J.S.A. 54:4-23.3 and N.J.A.C.
18:15-2.7 as part of an approved farmland assessment.
F.
Any activity protected by the Right to Farm Act, N.J.S.A. 4:1C-1
et seq. or any other state statute or regulation in an area in which
local regulation has been preempted.
G.
Removal of trees, in projects which have received major or minor
subdivision or site plan approval prior to the effective date of this
article. Major or minor subdivision or site plans or new home construction
approved after the effective date of this article are subject to the
provisions of this article, subject to the right of the approving
authority to grant variances or waivers in accordance with the Municipal
Land Use Law[1] and the Township Master Plan.
[1]
Editor's Note: See N.J.S.A. 40:55d-1 et seq.
H.
Any cultivated tree growing on property actually being used as a
nursery, orchard or Christmas tree farm.
I.
Commercial sand mining operations with an approved landscape reclamation
plan.
J.
Removal of trees considered invasive to the area as determined by
the NJDEP.
A.
Tree replacement shall be provided in accordance with the following:
(1)
Replacement of trees.
(a)
Where the Township Zoning Officer, in consultation with the
Environmental Commission and the Land Use Board, determines that it
is impossible to retain trees in the tree protection zone, or any
specimen tree as defined by this chapter, due to cutting, filling
or other construction activity, the applicant shall replant two inches
of a new tree diameter for every five inches of existing tree diameter
removed. Replacement trees should be shown on the tree removal permit
application or tree management plan for review. New replacement trees
should have the minimum diameter of 2 1/2 inches measured six
inches above the ground. Replanting should be done according to the
standards specified by the American Nurserymen's Association.
(b)
Where it has been determined by the Environmental Commission that a landmark tree has been cut or removed, the person responsible shall be subject to the penalty in § 310-20A of this article and shall be required to replant one inch of new tree diameter for every one inch of the landmark tree diameter cut or removed. New replacement trees should have a minimum diameter of eight inches measured six inches above the ground. Replanting should be done according to the standards specified by the American Nurserymen's Association.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(c)
If trees are removed without first obtaining approval, the person clearing the trees will be required to replant 100 new trees per acre of cleared land. The replacement trees will meet the criteria specified in § 310-13A(1)(a) and (2) of this article.
(2)
Criteria for the selection of new trees. When an applicant is required
to replace trees as described above, the applicant should replace
the trees with the same species that were removed or, with the approval
of the Environmental Commission, choose other tree species, preferably
native to Commercial Township but in any case native to the state
of New Jersey. In selecting replacement trees, the following positive
criteria should be used. These guidelines should also be followed
in choosing trees proposed to be retained or cleared.
(a)
Species longevity;
(b)
Whether native to the area;
(c)
Hardiness (wind firmness, climate requirements, characteristics
of soil to hold tree);
(d)
Resistance to insect and disease, attack and to pollution;
(e)
Aesthetic values (autumn coloration, type of flowers or fruit,
form characteristics);
(f)
Low maintenance and care (pruning, etc.);
(g)
High wildlife values;
(h)
Comfort to surroundings;
(i)
Freedom from disease, rot or other damage to tree;
(j)
Protection of pedestrians, vehicles and buildings;
(k)
Size at maturity;
(l)
Effect of soil retention and erosion control; and
(m)
Value as a noise buffer.
C.
Review standards. In accordance with the design requirements provided
in this chapter, unless otherwise indicated herein, a tree removal
permit may only be granted for the following reasons and under the
following terms and conditions:
(1)
Where the area proposed for tree removal is to be occupied by: a
building or other structure; a street or roadway; a driveway (when
no other site is available); 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; or where the area of tree removal
is 20 feet or less from either side of or around the perimeter of
any of the foregoing; whichever is applicable.
(2)
In areas proposed for tree removal which are not to be occupied by any of the uses or facilities set forth in Subsection C(1) of this section:
(a)
If 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.
(b)
If 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 a tree or trees located nearby.
(c)
If the removal of trees is for the purpose of conducting Silviculture
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.
(3)
Upon an express finding by the 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 and dangerous or hazardous conditions.
(4)
The decisional authority shall have the power to affix reasonable
conditions to the granting of the permit for the removal of trees.
Each application to the Land Use Board for approval of a major
or minor subdivision or any site plan that requires the removal of
more than 50% of the tree canopy shall include an application for
a tree removal permit. A separate application shall be filed for each
lot that will result from the application. The application and development
proposal shall conform with the Municipal Land Use Law.[1]
A.
Application form. The application form shall be available from the Township Construction Official and shall include the same information as required in § 310-13B.
B.
Landscape plan. A plan prepared by a licensed landscape architect
or professional engineer which includes information required by the
Municipal Land Use Law.
C.
Design requirements.
(1)
To the greatest extent practicable, large trees sixteen-inch DBH
and larger, tree rows and hedgerows should be preserved. Only those
trees necessary to permit the construction of buildings, structures,
streets, driveways (when no other reasonable site is available), infrastructures
and other authorized improvements shall be removed. Existing vegetation
shall be preserved to the greatest extent feasible.
(2)
On all residential lots, natural screening and woodlands between
lots, along property lines and between buildings shall be preserved
to the greatest extent feasible.
(3)
Up to 50% of the existing tree canopy may be removed without obtaining
a permit. The location of the remaining tree canopy to be preserved
shall be noted on the landscape plan. In cases where more than 50%
of the canopy is removed, 10% of the total trees removed must be replaced.
Steep slope limits of disturbance shall supersede this section when
appropriate.
(4)
No more than 10% to existing trees with a DBH equal to or greater than 10 inches within the area of development/limit of disturbance shall be removed unless the applicant shall replant trees removed in accordance with § 310-13A.
(5)
Input from a designated landscape architect or professional engineer
shall be requested for recommended areas of tree preservation.
(6)
Landscape standards may be waived by the Land Use Board, after consultation
with the Environmental Commission when trees and/or shrub masses are
preserved and/or relocated on site that duplicate or essentially duplicate
the landscape requirements contained in this section.
(7)
The decisional authority shall have the option of requesting a conservation
easement to protect any or all trees or tree canopy areas to remain
on site.
D.
Site protection.
(1)
Tree protection measures for all trees to remain on site after construction
and the limit of disturbance line shown on the landscape plan shall
be installed in the field with snow fencing or other durable material
and verified by the Township Zoning Officer or other designated official
prior to soil disturbance.
(2)
Protective barriers shall not be supported by the plants they are
protecting, but shall be self-supporting. Barriers shall be a minimum
of four feet high and shall last until construction is complete.
(3)
Chain-link fence may be required for tree protection if warranted
by site conditions and relative rarity of the plant.
(4)
Snow fencing used for tree protection shall be firmly secured along
the drip line, but no less than six feet from the trunk when the drip
line is less than six feet.
(5)
The grade of the land located within the drip line 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 less than six feet from the trunk of a tree.
(6)
No soil stockpiling, storage of building materials, construction
equipment or vehicles shall be permitted within the drip line or within
six feet of any remaining trees, whichever is greater.
(7)
Any clearing within the drip line, or within six feet of the trunk
of remaining tree, whichever is greater, shall be done by hand-operated
equipment.
E.
Review of applications. All applications for a tree removal permit
or a tree protection management plan shall be immediately referred
by the Township Construction Official to Township Zoning Officer,
the Environmental Commission and Land Use Board.
(1)
The Environmental Commission shall provide a recommendation of approval
or denial of the tree removal permit or the tree protection management
plan application to the Land Use Board. Failure on the part of the
Environmental Commission to provide a recommendation within 30 days,
provided that the Environmental Commission receives the application
at least 10 days in advance of its regularly scheduled meeting, shall
be deemed a recommendation for approval. In the event that the Environmental
Commission recommends denial of an application, it shall specify,
in writing, the reasons(s) for its action. The Land Use Board shall
review and consider the recommendations of the Environmental Commission,
and the recommendations shall be made a part of the record before
the Board. The Land Use Board shall have the authority to approve
or to deny the tree removal permit or a tree protection management
plan as part of the subdivision and/or site plan review process.
(2)
The Land Use Board shall review the application for a tree removal
permit or a tree protection management plan and, if necessary, have
the Township Planner, Engineer, and/or other consultant, as may be
required, review the application and inspect the site. All reviews
and inspections by the Township Planner, Engineer, and/or other consultants
shall be paid for by the applicant through the deposit of escrow funds.
(3)
The Land Use Board and the Environmental Commission shall consider
the following factors in reviewing an application for a tree removal
permit or tree protection management plan to either recommend approval
or denial:
(a)
Impact on the growth of remaining trees.
(b)
Impact on existing drainage patters.
(c)
Impact on soil erosion or increased dust.
(d)
Impact on the vegetative screening between adjacent land uses.
(e)
Impact on a tree or scenic corridor given a landmark value.
(f)
Impact on woodland corridors, stream corridors, greenways and
wildlife habitat.
(4)
There is hereby established a presumption that each and every tree
of six inches of diameter or greater located within the tree protection
zone or any specimen tree located anywhere on the lot shall be preserved
at its location on the site. Each such tree located within the tree
protection zone or each specimen tree may be removed only if the Land
Use Board finds that the applicant has set forth below:
(a)
That it is a necessity to remove trees which pose a safety hazard.
(b)
That it is a necessity to remove diseased trees, trees infested
with destructive insects liable to infect healthy trees on the subject
or adjacent property or trees weakened by age, fire or other injury.
(c)
That it is a necessity to observe good forestry practices, i.e.,
the number of healthy trees that a given parcel of land will support
when documented by a report prepared on behalf of the applicant by
a professional forester or a certified landscape architect.
(d)
That it is a necessity for compliance with other codes such
as zoning and subdivision regulations, health and other environmental
ordinances.
(e)
Other conditions which, in the judgment of the Administrative
Officer (or Land Use Board), warrant the removal of a tree.
(5)
No building permit shall be issued until the applicant has obtained
approval of its tree removal permit or tree protection management
plan application.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
Process to approve tree removal permits.
(1)
All development applications that involve tree removal under the
terms of this article shall be submitted to the Environmental Commission
for its review. The Environmental Commission shall complete its review
and submit a report to the decisional authority stating whether the
applicant's proposal complies with the requirements of this section.
Failure of the Land Use Board to make such informational copy available
to the Environmental Commission shall not invalidate any hearing or
proceeding.
(2)
If the applicant's plan satisfies the requirements of this chapter,
the Township Zoning Officer shall issue a tree removal permit. The
Land Use Board, however, may alter the terms of the tree removal permit
as part of its approval of the development application.
B.
Permit approval; time limits.
(1)
Where the permit application is submitted as a part of an application
for major subdivision, minor subdivision or site plan approval or
other development application, the time for approval shall be governed
by the time limits set forth in the MLUL.[2]
[2]
Editor's Note: See the Municipal Land Use Law.
(2)
Where the application is made in connection with a residential, commercial,
business or industrial lot that does not require a development approval,
the Environmental Commission shall act on the application within 30
days following receipt or within such additional time as is consented
to by the applicant. Failure to act within 30 days of its next scheduled
meeting, or an extension thereof, shall be deemed to be an approval
of the application and, thereafter, a tree removal permit shall be
issued.
(3)
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.
C.
Duration of permits. Permits granted for the removal of trees under
the terms and conditions of the ordinance shall run with the land,
and shall remain in force and effect for the following periods of
time, and not thereafter. Once the permit has expired, a new application
must be submitted for review and a new permit issued.
(1)
If granted for a lot or parcel of land for which a building permit
is required, but for which no development approval is required by
the Land Use Board: until expiration of the building permit granted
with such tree removal permit.
(2)
Except as provided in § 310-14C(3) and (4) below, if granted for a lot or parcel of land for which a development approval from the Land Use 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 development approval, whichever is later.
(3)
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.
(4)
If granted for a lot or parcel of land for which preliminary approval
of a major subdivision is sought: until expiration of such approval.
D.
Inspection.
(1)
Prior to taking final action upon any application for tree removal,
an inspection of the site shall be made by the Township Zoning Officer.
(2)
Prior to any tree removal, all such trees shall be individually marked
and areas to be cleared must be clearly identified for inspection
by a municipal representative. In the case of proposed new dwelling
construction on a wooded lot, the four corners of the building envelope
shall be clearly staked. The municipal representative shall not enter
upon contiguous and neighboring lands without permission of the property
owners.
(3)
The Township Zoning Officer shall periodically inspect the site throughout
the duration of construction in order to ensure compliance with this
article. Such inspection shall be made of the site referred to in
the application, and with the permission of the property owners of
contiguous and neighboring lands, as well as of lands in the vicinity
of the application, for the purpose of determining drainage conditions
and physical conditions existing thereon.
E.
Notice of commencement of tree removal.
(1)
The holder of a tree removal permit shall notify the Environmental
Commission, in writing, at least four business days in advance of
when the tree removal activity will commence.
(2)
The notice shall also include advice as to the manner of disposal
of the removed trees.
(3)
Removed dead or diseased trees shall not be turned into mulch chips
and applied to the site, but shall be disposed of in a manner so as
not to spread disease to other trees on site.
A.
The replacement of trees shall occur as prescribed in the following
table:
|
DBH of Existing Tree Removed
|
Number of Replacement Trees (3-inch caliper)
|
|---|---|
|
Less than 6 inches
|
1
|
|
Between 6 and 12 inches
|
2
|
|
Between 12.5 and 18 inches
|
3
|
|
Between 18.5 and 24 inches
|
5
|
|
Between 24.5 and 30 inches
|
7
|
|
Between 30.5 and 36 inches
|
10
|
|
Between 36.5 inches or greater
|
The equivalent of 3-inch caliper trees or greater needed to
equal the DBH of the removed tree
|
B.
All required replacement tree(s) shall be of nursery grade quality,
balled and burlapped and planted on the site from which trees were
removed. Relief from any portion or all of the on-site tree replacement
requirement may be granted by the Land Use Board. Any relief shall
be based upon practical physical difficulties and undue hardship related
to conditions of the site from which the trees are to be removed.
The Land Use Board shall solicit the comments and recommendations
of the Township Engineer in determining whether the relief requested
by the applicant shall be granted.
C.
Instances where it is not possible to replant the required number
of trees, an applicant may request that the Decisional authority permit
the applicant to contribute to the Township tree fund as established
by this article. The contribution, in lieu of planting trees, shall
be an amount reasonably established by the Environmental Commission
from time to time as the fair market value of replacement trees which
meet the standards set forth in this section. No more than 75% of
tree replacement may be by way of contribution.
D.
All replacement trees should be native to New Jersey.
A.
Tree trust fund. All contributions to the Township Tree Fund pursuant to § 310-16C above shall be deposited in a separate interest-bearing tree trust fund. All interest accrued in the tree trust fund shall become part of the fund.
B.
Use of money.
(1)
The Township may use revenues collected from the Tree Fund for any
purpose which promotes the planting and maintenance of trees in the
Township. Such activities include, but are not limited to: Planting
trees in the Township rights-of-way, in Township parks and on other
public lands, offering free trees to Township residents at special
events. In addition, this money may be used for educational pamphlets
detailing the benefits of healthy trees.
(2)
Funds shall not be expended to reimburse the Township for past tree
planting and maintenance activities.
(3)
No more than 20% of the revenues collected from the Township Tree
Fund shall be expended on consultant fees necessary to develop or
implement a tree planting and maintenance program.
(4)
Expenditure of funds from the Township Tree Fund shall be authorized
by resolution of the governing body authorizing the expenditure of
funds by dedication by rider pursuant to N.J.S.A. 40A:4-39. A copy
of that resolution shall be sent in duplicate to the Division of Local
Government Services for the director's approval.
For major and minor subdivision a fee of $100 per acre or portion
thereof shall be paid for that portion of land being cleared or developed.
Appeals from decisions of the Approving Authority shall be taken
in accordance with the Municipal Land Use Law[1] and the Township Land Development Ordinances.[2] Ten copies of the petition of appeal and all supporting
plans and documentation must be submitted to the Township Clerk or
the appeal will be deemed incomplete.
A.
Violations. Any person, firm or corporation that shall violate any
provisions of this article shall be subject to some portion or all
of one or more of the following: a penalty of $2,000 or imprisonment
for a term not exceeding 90 days or community service up to but no
greater than 90 days, or a combination any of the above.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Continuing violations. If the violation is continuing in nature,
each day during which it continues shall constitute an additional
separate and distinct offense.
C.
Other remedies. No provisions of this chapter shall be construed
to impair any common law or statutory course for action or legal remedy
which may be otherwise provided in law or equity for any violation
of this article.
