The Township Committee of the Township of Lebanon does herein decide and find that the indiscriminate, uncontrolled and excess destruction, removal and cutting of trees upon lots and tracts of land particularly on steep slopes and along stream corridors within the Township has resulted in creating increased municipal costs to control drainage and road repairs and has further caused increased soil erosion, decreased fertility of soils and increased dust, which has caused deterioration of property values. This has further rendered land unfit and unsuitable for their most appropriate use, with the result that there has been deterioration or will result in a future deterioration of conditions affecting the health, safety, and general well-being of the inhabitants of the Township of Lebanon and has caused the passage of this chapter to regulate and control the indiscriminate and excessive cutting of trees, replacement and penalties for noncompliance in the Township of Lebanon to protect the environment, public health, safety and welfare.
[HISTORY: Adopted by the Township Committee of the Township of Lebanon by Ord. No. 15-2003 (Ch. XXI of the 1985 Revised General Ordinances); amended in its entirety 5-1-2024 by Ord. No. 2024-08. Subsequent amendments noted where applicable.]
For purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter 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" mean the requirement is always mandatory and not merely directory.
Any "person" as defined below, who applies for approval to remove trees regulated under this chapter.
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.
The duly appointed officer that includes the Township Forester, Construction Code Official, Township Engineer, certified tree expert or other persons knowledgeable in these duties.
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.
An individual recognized by the Department of Environmental Protection, Division of Parks and Forestry, New Jersey Forest Service as a New Jersey State approved forester.
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. No person shall cut or remove any tree upon any lands within the Township of Lebanon, in the County of Hunterdon, unless the aforesaid accomplishes a cause in accordance with the regulations and provisions of this chapter.
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.
All persons shall comply with the tree replacement standard outlined below, except in the following cases. Justification shall be provided, in writing, to the municipality by all persons claiming an exemption:
A.
Single-family dwellings. Any tree located on a tract of land five acres or less in size where slopes do not exceed 25% on which a single-family dwelling has been erected. This chapter applies to all properties where slopes exceed 25% except for an exempt area of 100 feet in all directions from an existing residence.
B.
Tree farms in active operation, nurseries, fruit orchards, garden centers, etc. Any tree growing on property actually being used as a tree farm, nursery, garden center, Christmas tree plantation, or orchard.
C.
Land used for surface mining or public utilities. Any tree growing on land actually being used for surface mining or public utilities.
D.
Public right-of-way. Any tree growing in a public right-of-way as shown on an approved preliminary or final subdivision or site plan map, Official Map or current Tax Map.
E.
Dead or diseased trees; agricultural advancement purposes. Any dead or diseased tree that is likely to endanger the occupant, the public, or an adjoining property owner, or any tree cut for use as firewood, posts, rails, or building materials, provided it is for the personal use of the owner or occupant of the land on which the tree was located before cutting and for use on that land and not for resale or commercial purpose. Any tree growing on property actively operated under farmland assessment which is removed for reasons that advance agricultural purposes for that farm and not resold.
F.
Cutting or removal in accordance with woodland management plan. Any tree cut or removed in accordance with a woodland management plan developed by the New Jersey Department of Environmental Protection (NJDEP), New Jersey Forest Service, or other professional forester, and filed with the enforcing office duly appointed by the Township of Lebanon. The woodland management plan shall be approved by the New Jersey Forest Service when required to qualify the property for farmland assessment values.
G.
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.
H.
Properties used for the practice of silviculture under an approved forest stewardship or woodland management plan.
I.
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.
J.
Approved wildlife habitat management practices, as recommended by the State of New Jersey Department of Environmental Protection, Fish and Wildlife Program, NJDEP Office of Natural Resource Restoration, USDA Natural Resources Conservation Service, US Fish and Wildlife Service, a government resource agency such as a parks commission, or a charitable conservancy.
K.
Nuisance trees may be removed with no fee or replacement requirement.
A.
Application for permit of removal. Any person desiring to destroy, cut or remove any such tree defined as a regulated activity pursuant to § 349-5 below, shall apply to the Zoning Officer of the Township of Lebanon for a permit to remove such trees. The applicant shall identify the land upon which the tree or trees are located and shall disclose the name and address of the owner, tenant, or duly authorized agent of said owner or tenant, and shall identify and place the location of said tree or trees sought to be cut, removed or destroyed. This shall apply to all subdivisions, site plans and any lot of record.
B.
Issuance of permit. If the applicant discloses that no more than five trees, in excess of the size referred to aforesaid in this chapter, are to be removed or destroyed from the lot or tract of land identified in said application, then, and in that event, said Zoning Officer may issue a permit for the removal of said tree or trees.
C.
Removal of more than five trees; determinations; certification by a professional forester. In the event said applicant, together with any previous applicant or application, indicates that more than five trees of the size hereinbefore referred to are to be cut, removed or destroyed from said land, the Zoning Officer shall review the site to determine whether the cutting, removal or destruction of said trees shall impair the drainage conditions, create soil erosion, increase the dust, or cause the deterioration of the property value and shall further determine the overall effects of the physical and aesthetic values of the land. In the event that the Zoning Officer is unable to determine if the removal of such trees would be detrimental to the property in question, the Zoning Officer may require that the applicant provide a certification by a professional forester that the cutting, removal or destruction of said trees shall not impair the drainage conditions, create soil erosion, increase the dust, or cause the deterioration of the physical and aesthetic values of the land. The cost of this determination shall be borne totally by the applicant.
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 § 349-3, 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 § 349-3, 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 anyone (1) tree in Categories 4 or 5 in the Tree Replacement Requirements Table below, unless exempt under § 349-3, shall be subject to the requirements of the Tree Replacement Requirements Table below.
(4)
Acceptable species of replacement trees are as follows: See Appendix A.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(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.
Tree Replacement Requirements Table | ||
|---|---|---|
Category | Tree Removed (DBH) | Required Action |
1 | DBH of 2.5" (for street trees) or 6" (for other trees) to 12.99" | Replant 1 tree in accordance with Appendix A,[2] with a minimum DBH of 1.5" for each tree removed |
2 | DBH of 13" to 22.99" | Replant 2 trees in accordance with Appendix A, with minimum DBHs of 1.5" for each tree removed |
3 | DBH of 23" to 32.99" | Replant 3 trees with minimum DBHs of 1.5" for each tree removed |
4 | DBH of 33" or greater | Replant 4 trees with minimum DBHs of 1.5" for each tree removed |
5 | Tree of significance* | Replant 5 tree with minimum DBHs of 1.5" for each tree removed |
* | Tree of significance removals shall be approved by the Township Committee. |
[2]
Editor's Note: Appendix A is included as an attachment to this chapter.
B.
Replacement alternative. If it is determined by the Township 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:
As a basis for determining permitted tree removal, the Zoning Officer shall give due consideration to the following:
A.
Clearance for road or driveway right-of-way. Clearance of trees for proposed road or driveway right-of-way shall be approved by the Zoning Officer only for the paved or stoned portion of such rights-of-way plus 15 feet width on each side only for alignments on plans as approved by the Planning Board or Board of Adjustment or Township Engineer.
B.
Clearance for construction. Clearance of trees for construction of residence or other primary and accessory building plus a twenty-five-foot-wide area surrounding such buildings shall be approved by the Zoning Officer only upon receipt of preliminary or final subdivision or site plan application as approved in writing by the Planning Board or Board of Adjustment.
C.
Clearance for off-street parking facilities or outdoor storage areas. Clearance of trees for proposed off-street parking facilities or outdoor storage areas shall be approved by the Zoning Officer only for cleared locations as indicated on site plans approved by the Planning Board or Board of Adjustment.
D.
Clearance for construction of septic tanks, etc. Clearance of trees for construction of septic tanks, cesspools, leaching fields, sewer plants and the like shall be approved by the Zoning Officer only after receipt of a site plan as approved by the Health Officer or Municipal Board of Health or Township Engineer.
E.
Consideration of permits granted. All permits granted for removal of trees shall be issued with due consideration to the intent and purpose of this chapter. Properties which are subject to a permit shall be managed and restored in accordance with the New Jersey Forestry and Wetlands Best Management Practices Manual.
F.
Tree removal.
(1)
Where permitted.
(a)
Generally, the removal of trees shall be permitted where the cut-and-fill operations as part of site grading are in excess of one-foot elevation on all sides of a tree or trees in question.
(b)
Where, in the opinion of a professional forester or engineer, the change in the existing drainage pattern will result in the general destruction of trees.
(2)
Where prohibited or subject to special consideration.
(a)
Where the purpose of tree removal is to provide better visibility to expose vacant land, signs and billboards, such removal shall be prohibited.
(b)
Where the existing trees form part of a planning greenbelt in any buffer zone, wetlands area, or transition area, such removal shall be prohibited.
(c)
Where trees are considered to be special by virtue of history, unusual size, or the like, such removal shall be prohibited.
(d)
The removal of trees near utility substations, transmission towers, warehouses, junkyards, landfill operations and other similar uses or structures shall be prohibited except where in conflict with public safety requirements.
[1]
In the vicinity of such uses or structures, in the absence of existing trees or forest cover, provisions shall be made for screen planting preferably using evergreen species.
A.
The Zoning Officer, after reviewing the site and the certification of a professional forester, if required, shall determine whether the applicant shall be granted a permit and shall issue a tree removal permit or denial in writing within 10 days of the date of such application. The Zoning Officer shall from time to time designate another officer for a particular application who shall be the Construction Code Official or the Township Engineer of the Township of Lebanon. That designated official shall have the same duties and responsibilities as the Zoning Officer pertaining to that application.
B.
If said determination of the applicant's request is unfavorable, the Zoning Officer shall promptly notify the applicant in writing with respect thereto and shall not issue said permit.
The applicant at the time of filing said application shall deposit with the Zoning Officer a fee for the permit according to the following schedule:
Number of Trees | Permit Fee |
|---|---|
5 to 15 | $50 |
16 to 31 | $100 |
32 to 50 | $150 |
51 to 75 | $200 |
76 to 100 | $250 |
Over 100 | $300 |
The applicant shall have the right to appeal the aforesaid decision to the Board of Adjustment of the Township of Lebanon within 15 days of receipt of the Zoning Officer's decision. The Board shall, by written notice to the applicant, address the applicant within 30 days after the filing of said notice of appeal or hearing, where applicable, of its decision. The Board of Adjustment may in its discretion and upon complete review of the application, and after hearing the testimony of the Zoning Officer and the applicant, reverse, modify or affirm the aforesaid decision.
Any person violating any provision of this chapter shall be subject to a fine not exceeding $500 per tree removed or imprisonment for 30 days, or both, at the discretion of the Judge of the Municipal Court of the Township of Lebanon.