[HISTORY: Adopted by the Township Council of the Township
of Byram 5-21-2024 by Ord. No. 007-2024. Amendments noted where applicable.]
The purpose of this article is to protect trees and woodlands
from indiscriminate destruction and damage, and further to reduce
soil erosion and pollutant runoff, promote infiltration of rainwater
into the soil, and protect the environment, public health, safety,
and welfare.
For the purpose 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 word "shall" is always mandatory
and not merely directory.
The removal of most or all trees on a property at one time
for the purpose of a creating lawn or graded areas on that property.
A tree or limbs thereof that meet one or more of the criteria
below. Trees that do not meet any of the criteria below and are proposed
to be removed solely for development purposes are not hazard trees.
Has an infectious disease or insect infestation;
Is dead or dying;
Obstructs the view of traffic signs or the free passage of pedestrians
or vehicles, where pruning attempts have not been effective;
Is located near an existing structure and poses a threat to
that structure since the structure is located in the fall zone of
said tree; or
Has a root system that is causing or has the potential to cause
damage to structures (such as building foundations, sidewalks, etc.).
Includes all areas disturbed for the purpose of the construction
of buildings and structures as well as all graded areas and lawns.
The total shall include disturbed areas both inside and outside of
the building envelope.
The area between the owner's property lot line and edge of pavement as defined in Chapter 214, Right-of-Way Strip.
Any individual, resident, corporation, utility, company,
partnership, firm, or association.
An individual who resides on the residential property or
contractor hired by the individual who resides on the residential
property where a tree(s) regulated by this ordinance is removed or
proposed to be removed.
A tree planted within the municipal right-of-way strip.
Any lot improvement, including construction or expansion
of buildings, decks, sheds, garages, driveways, lawns, pools, septic
fields, land clearing, tree removal, terracing and other land improvements.
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.
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, over-mulching or improper mulching, and improper grading
and/or soil compaction within the critical root radius 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 treatments intended to manage invasive
species.
With the exceptions of the exemptions established in this chapter,
no person shall cut or remove, or cause to be cut or removed, any
existing trees for the purpose of clear cutting unless the cutting
and removal can be accomplished in accordance with the provisions
set forth in this chapter.
The following shall be exempted from the requirements of this
chapter:
A.
Commercial nurseries or fruit orchards.
B.
Christmas tree farms.
C.
Any tree which is a part of a cemetery.
D.
Trees directed to be removed by the Township, county, state or federal
authority pursuant to law.
E.
Removal of hazard trees.
F.
Pruning or removal of street trees by utility companies or maintenance
of utility wires or pipelines and the pruning of trees within sight
easements.
H.
Parcels of land with a forest management plan or woodland management
plan that has the required approval by the NJDEP Division of Forestry
or the appropriate state agency. These plans are on file in the Tax
Assessors office.
I.
Trees removal on a property for the purpose of constructing a firebreak
that will create a strip of ground where vegetation will be removed
to stop the progress of forest fires.
J.
Street trees which are required to be removed by property owners
due to said trees interfering with driver sight distances or are dead
or dying and need to be removed to preserve the public health, safety
and general welfare.
K.
Parcels of land with preliminary site plan or subdivision approval,
major or minor. Removal of trees prior to Township Planning Board
approval is prohibited, unless it is part of site investigation such
as percolation test for septic system suitability.
L.
Trees to be removed as necessary to permit the construction of buildings,
structures, decks, pools, driveways, septic field, lawn area for recreational
use for the residents of the dwelling and any other improvements approved
by way of a zoning permit issued by the Township Zoning Officer.
M.
Trees removed as required to install a new and/or repair an existing
septic system as approved by the Sussex County Health Department or
the New Jersey Department of Environmental Protection.
A.
Healthy trees outside of the approved building disturbance areas
should be retained to maintain resource protection and buffering to
neighboring properties, unless the trees pose a hazard to person or
property or whereby the approved construction grading or disturbance
would cause damage to a tree creating an unsafe condition.
B.
Trees and vegetation shall not be removed in wetlands, wetland buffers,
slopes in excess of 25%, floodplains, stream buffers, dedicated conservation
easements or other environmentally protected areas unless approvals
from the New Jersey Department of Environmental Protection (NJDEP)
and/or Byram Township have been obtained.
C.
Lot disturbance shall be limited to the area permitted in the zoning
district in which a property is located. If the lot disturbance exceeds
the allowable area, an approval from the Township Planning Board will
be required prior to any tree cutting occurs. Any cutting that occurs
prior to receiving the necessary approvals being granted will be considered
not authorized.
D.
No trees shall be removed unless exempted as defined in § 212-4, from critical areas as defined in accordance with § 240-29.2, Tract disturbance, of the Township's Zoning Code. Approval from the Township Planning Board will be required for any removal of trees that is deemed a violation of § 240-29.2. Any cutting that occurs prior the necessary approvals being granted with be considered not authorized.
E.
Commercial properties removing trees, planting of trees and landscaping are part of any Planning Board approval and shall be in accordance with Chapter 215, Subdivision and Site Plan Review, of the Code of Byram Township, as well as addressed in Chapter 240, Zoning. Any cutting that occurs prior to receiving the necessary approvals being granted will be considered not authorized.
This chapter shall be enforced by the Township's Zoning
Officer, or designee of the Township Manager during the course of
ordinary enforcement duties. It shall be unlawful for any reason to
violate any part of this section adopted by the Township of Byram
Council.
A.
Any removal of trees that is part of lot disturbance that exceeds
the permitted lot disturbance area and a zoning permit cannot be issued,
an approval from the Township Planning Board will be required. The
restoration of any disturbed areas not permitted by the Planning Board
will need to be restored in a manner approved by the Planning Board
by resolution.
B.
Any removal of trees that is part of lot disturbance within a critical
area as defined by 240-29.2, Tract Disturbance, shall require an approval
from the Township Planning Board. The restoration of any disturbed
areas not permitted by the Planning Board will need to be restored
in a manner approved by the Planning Board by resolution.
