[Adopted 4-28-1988 as Ord.
No. 22-88 (Ch. 91 of the 1974 Code)]
As used in this Article, the following terms shall have the meanings
indicated:
SPECIMEN TREES
The largest known individual trees of each species in the State of
New Jersey. The New Jersey Department of Environmental Protection, Bureau
of Forestry, maintains a list of such trees, which is incorporated herein
by reference.
Specimen trees are an irreplaceable scientific and scenic resource.
Often these trees have also been associated with historical events. As such,
it is the declared legislative policy of Lacey Township to preserve and protect
specimen trees.
All development is prohibited that would significantly reduce the amount
of light reaching the crown of a specimen tree, alter the drainage patterns
within the site where the specimen tree is located, adversely affect the quality
of water reaching the site where the specimen tree is located, cause erosion
or the depositing of material in or directly adjacent to the specimen tree
or otherwise injure the specimen tree. The site of the specimen tree extends
to the outer limit of the buffer area to avoid adverse impact or fifty (50)
feet from the tree, whichever is greater.
The Zoning Officer of the Township of Lacey or his designee shall be
the enforcement officer charged with the administration and enforcement of
this Article.
Any person violating any of the provisions of this Article shall, upon
conviction, be punished by a fine not exceeding one thousand dollars ($1,000.),
by imprisonment for a period not exceeding ninety (90) days and/or by a period
of community service not exceeding ninety (90) days, in the discretion of
the court.
[Adopted 7-14-1988 as Ord.
No. 34-88 (Ch. 98 of the 1974 Code)]
The short title of this Article shall be the "Tree Ordinance," and this
Article shall hereafter be cited or referred to for purposes of amendment
or otherwise by said title.
The Township of Lacey finds that the development of unimproved or vacant
land for the purpose of commercial and residential development has resulted
in indiscriminate and excess cutting of trees upon tracts of land and has
resulted in creating increased surface water runoff and soil erosion thereby
increasing municipal costs to control drainage within the township. It further
finds that such excessive removal and destruction of trees impairs the proper
occupancy of existing residential areas and impairs the stability and value
of improved and unimproved real property in such areas with the attendant
deterioration of conditions affecting the health, safety and general welfare
of the inhabitants of the township, and further finds that regulations for
the indiscriminate removal of trees is within the police power of the township.
For the purpose of this Article, the following words shall have the
meanings indicated:
BUFFER AREA
The distance from the side and rear property lines beginning at the front setback line of the lot and running to the rear line in the case of the side lines and for the entire width of the rear line. For specific buffers, refer to Chapter
335, Zoning.
BUILDING PLOT
A parcel of land upon which a building has been or may be erected in accordance with Chapter
335, Zoning.
PERMITS
A license issued by the Zoning Officer to remove or destroy trees
from any unimproved or vacant land as defined in this section.
SHRUB
A woody plant that is never tree-like in habit and produces branches
or shoots from or near the base, such as kalmia, rhododendron, azalea, ilex,
viburnum and similar species.
TREE
Any living deciduous tree having a trunk of a diameter greater than
three (3) inches DBH (diameter breast high), any living coniferous tree having
a trunk of a diameter greater than four (4) inches DBH or any living dogwood
(cornus florida) or American holly (ilex opaca) having a diameter of one (1)
inch or greater DBH.
The provisions of this Article shall apply to all unimproved or vacant lands within the township. Where a structure is located on a lot, the owner of the property may not claim exemption from this Article for more than the minimum land required by Chapter
335, Zoning, for the particular structure in question.
Any person, corporation, firm, partnership or other entity violating
or causing to be violated any of the provisions of this Article shall be fined
not more than one thousand dollars ($1,000.), imprisoned in the county jail
for not more than ninety (90) days and/or serve a period of community service
for not more than ninety (90) days, for each violation of this Article. Each
and every day that such violation continues shall be considered a separate
violation. Each tree or shrub destroyed or removed in violation of this Article
shall be considered a separate violation.
The provisions of this Article shall be enforced by the Township Zoning
Officer, Code Enforcement Officer, Township Engineer, Township Planner and
Township Police Department.