As used in this chapter, the following terms shall have the meanings
indicated:
FORESTRY
The growing and harvesting of trees for commercial purposes.
TREE
A woody plant that has the potential to reach a height of at least
10 feet, has a single stem, and has a definite crown shape.
Excepted from this chapter shall be:
A. Any tree located on a parcel of land one acre or less
in size on which a residence has been constructed or is being constructed
(building permit issued).
B. Any tree growing on property actually being used as a
nursery, garden center, Christmas tree plantation, or an orchard.
C. Any tree growing on land being used for a sanitary landfill
or for resource extraction.
D. Any tree to be cut for personal use by the owner.
E. Any tree growing on a public right-of-way.
F. Any dead, diseased, or other tree that is likely to endanger
life or property.
G. Any tree harvested pursuant to an approved Woodland Management
Plan prepared in accordance with N.J.A.C. 18:15-2.9.
Forest vegetation represents a unique and financially valuable part
of the essential character of the City. If properly managed, forests represent
significant economic opportunities to their owners while perpetuating the
overall ecological value of the City. This chapter encourages commercial forestry
that will maximize forest land values and provide for the long-term economic
and environmental integrity of the City. Forestry shall be authorized throughout
the City provided that:
A. Access to land proposed for harvesting:
(1) Follows previously established roads and trails to maximum
extent practical.
(2) Avoids wetland areas except as are absolutely necessary
to harvest wetland species or to gain access to the harvesting site.
(3) Avoids crossing streams with high and unstable banks
and those with approaching slopes exceeding 10% where alternative crossings
exist.
B. All activities during and after harvesting are carried
out in a manner to avoid damage to stream banks and bottoms, erosion, and
degradation of water quality, including the following:
(1) Stream banks at crossings shall be stabilized during
and after harvesting.
(2) Culverts and bridges shall be temporary in nature.
(3) Trees which serve to stabilize stream banks shall be
retained; other trees shall be felled to avoid stream banks where practical
and winched off such banks where felling occurs.
(4) A fifty-foot vegetated buffer along streams, ponds, marshes
and areas subject to erosion shall be maintained.
(5) The use of active and intermittent stream channels for
skidding of logs shall be prohibited.
(6) Skidding shall not occur within 50 feet of streams, ponds,
lakes, and marshes, except for necessary crossings.
(7) Access ways for forestry activities shall be located
at least 100 feet from streams, ponds, lakes and marshes, where practical.
(8) Landings shall be located in well drained areas where
practical and at least 200 feet from ponds, lakes and marshes.
(9) Filter strips shall be located between harvested areas,
landings, and skid trails; and streams, ponds, lakes and marshes.
(10) Water diversion devices shall be installed as necessary
to control erosion.
(11) Keep roads and skid trails out of wet and poorly drained
spots.
(12) Plan carefully for the protection of slopes exceeding
30%.
C. The landowner notifies the City when harvesting is to
commence once application is approved.
D. Only those trees which have been selected for harvesting
are cut; that all trees are cut to the base; and all practical steps are taken
to minimize damage to undesignated trees.
E. At the conclusion of any harvesting operation:
(1) All areas disturbed for access, processing, moving or
loading trees shall be regraded to approximate natural slopes and that water
diversion devices are installed as necessary in order to avoid erosion.
(2) All accessways shall be closed and devices installed,
such as poles, pilings or beams that will preclude use of the accessway.
(3) Bare ground areas shall be stabilized with vegetation
and replantings where necessary.
(4) All debris shall be removed from streams.
(5) All nonvegetative refuse shall be collected.
(6) All hanging trees shall be removed.
F. Harvesting and reforestation activities shall ensure
the regeneration of the harvested forest.
G. Harvesting and reforestation in Atlantic white cedar
and hardwoods swamps is conducted in the following manner:
(1) Atlantic white cedar will be cut and managed to create
site conditions favorable to regeneration of Atlantic white cedar.
(2) Reforestation to ensure Atlantic white cedar regeneration
will involve control of competitive hardwood species.
(3) Existing streams shall be cutting boundaries where practical.
(4) Harvesting methods employed shall be those which minimize
environmental damage including the use of winches, corduroy roads and helicopters.
(5) Harvesting will occur to the greatest extent practical
during dry periods or when the ground is frozen.
H. The proposed activity does not involve the draining or
filling of wetlands.
Work shall be performed in compliance with the submitted Harvesting Plan and shall adhere to the standards in §
70-5. Any change will require the submission of a new or revised Harvesting Plan. The permit shall be valid for a period not to exceed one year.
A stop-work order shall be issued by the Zoning Officer if noncompliance with the submitted Harvesting Plan is evident or if there is nonadherence to the standards in §
70-5. The stop order will remain in effect until the City has determined that resuming work will not violate the conditions of the submitted Harvesting Plan and the requirements set forth in this chapter. The penalty for noncompliance with the submitted Harvesting Plan shall be the forfeiture of the financial security/performance security.
A fee schedule will be determined to adequately cover the administration
costs of this chapter. The fee shall be included with the permit application.
The fee shall be $25 for the first acre involved in the application and $5
for each additional acre or portion thereof involved in the application.
Any person, business, corporation, partnership or other entity violating
any provisions of this chapter shall be subject to a fine not exceeding the
sum of $1,000 nor less than $100 or imprisonment for not more than 30 days,
or both, in the discretion of the Municipal Court.
Certified copies of this chapter shall be filed with the Cumberland
County Planning Board and the Pinelands Commission.