An article to establish requirements for tree removal and replacement
and penalties for noncompliance in the Township of Harmony to protect
the environment, public health, safety and welfare.
For the purpose of this article, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this article clearly demonstrates
a different meaning. When consistent with the context, words used
in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The use of the word "shall" means
the requirement is always mandatory and not merely directory.
Any person, as defined below, who applies for approval to
remove trees regulated under this article.
The diameter of the trunk of a tree generally measured at
a point 4 1/2 feet above ground level from the downhill side
of the tree.
A person(s) who owns a residence.
Any tree, or limb thereof, that has an infectious disease
or insect; is dead or dying; obstructs the view of traffic signs or
the free passage of pedestrians or vehicles; is causing obvious damage
to structures (such as building foundations, sidewalks, etc); or threatens
public health, safety, and welfare.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
The part of a street right-of-way between the abutting property
line and the curb or traveled portion of the street, exclusive of
any sidewalk.
A tree planted in the sidewalk or a planting strip in the
public right-of-way.
A woody perennial plant, typically having a single stem or
trunk growing to a considerable height and bearing lateral branches
at some distance from the ground.
Any tree that is recognized by the municipal governing body
or local historical organization(s) as being of significance due to
its size, unique value, age, rarity, or the aesthetic, botanical,
ecological, and historical value.
To kill or to cause irreparable damage that leads to the
decline and/or death of a tree. This includes, but is not limited
to, excessive pruning, application of substances that are toxic to
the tree, and improper grading and/or soil compaction around the base
of the tree that leads to the decline and/or death of a tree. Removal
does not include responsible pruning and maintenance of a tree, or
the application of tree treatments intended to manage invasive species.
A.
Tree replacement requirements.
(1)
Within a five-year period, any person who removes one or more street tree(s) with a DBH of 2.5 inches or more, unless exempt under § 401-31, shall be subject to the requirements of the Tree Replacement Requirements Table below.
(2)
For applicants, other than homeowners: Within a five-year period, any person, other than a homeowner, who removes one or more tree(s) with a DBH of six inches or more per acre, unless exempt under § 401-31, shall be subject to the requirements of the Tree Replacement Requirements Table below.
(3)
For homeowner applicants: Within a five-year period, any person that removes more than three trees per acre that fall into categories 1, 2, or 3, combined, or any one tree in categories 4 or 5 in the Tree Replacement Requirements table below, unless exempt under § 401-31, shall be subject to the requirements of the Tree Replacement Requirements Table below.
(5)
Replacement tree(s) shall meet the required actions in table below
and shall be planted within 12 months of the date of removal of the
original tree(s). Replacement tree(s) shall be monitored by the applicant
for a period of two years to ensure their survival and shall be replaced
as needed within 12 months. Trees planted in temporary containers
or pots do not count towards tree replacement requirements.
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Tree Replacement Requirements Table:
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|---|---|---|
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Category
|
Tree Removed (DBH)
|
Required Action
|
|
1
|
DBH of 2.5 inches (for street trees) or 6 inches (for other
trees) to 12.99 inches
|
Replant 1 tree in accordance with Appendix A, with a minimum
DBH of 1.5 inch for each tree removed
|
|
2
|
DBH of 13 inches to 22.99 inches
|
Replant 2 trees in accordance with Appendix A, with minimum
DBHs of 1.5 inch for each tree removed
|
|
3
|
DBH of 23 inches to 32.99 inches
|
Replant 3 trees with minimum DBHs of 1.5 inch for each tree
removed
|
|
4
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DBH of 33 inches or greater
|
Replant 4 trees with minimum DBHs of 1.5 inch for each tree
removed
|
|
5
|
Tree of Significance*
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Replant 5 trees with minimum DBHs of 1.5 inch for each tree
removed
|
|
*
|
Tree of significance removals shall be approved by the Township
Committee.
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B.
Replacement alternative. If the municipality determines that some
or all required replacement trees cannot be planted on the property
where the tree removal activity occurred, then the applicant shall
do one of the following:
All persons shall comply with the tree replacement standard
outlined above, except in the following cases. Justification shall
be provided, in writing, to the municipality by all persons claiming
an exemption:
A.
Clearing, cutting, and/or removal of trees which is necessary to
service, maintain, or ensure the continued safe use of a lawfully
existing structure, right-of-way, field, park, and/or garden;
B.
Tree farms in active operation, nurseries, fruit orchards, and garden
centers;
C.
Properties used for the practice of silviculture under an approved
forest stewardship or woodland management plan;
D.
Any trees removed pursuant to a New Jersey Department of Environmental
Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved
environmental clean-up, or NJDEP approved habitat enhancement plan;
E.
Approved game management practices, as recommended by the State of
New Jersey Department of Environmental Protection, Division of Fish,
Game and Wildlife;
F.
Nuisance trees may be removed with no fee or replacement requirement.
