[Added 12-21-2004 by Ord. No. O-04-22]
A.
The Township of Howell finds that there are increasing
incidents within the Township of the indiscriminate cutting and removal
of trees. Little or no consideration is given by many persons involved
in tree-cutting activities to the preservation and maintenance of
woodlands and wooded areas and the many environmental and aesthetic
benefits which flow from their conservation and management. The Township
Council finds that a continuation of these practices will result in
the degradation of the environment of the Township generally as well
as creating problems of increased water runoff, soil instability and
erosion on particular lots upon which unplanned tree removal takes
place and upon the lands which adjoin them. It is the intention of
this article to protect the property, health and general welfare of
the citizens of the Township of Howell by requiring the careful planning
of any tree removal project which falls within its purview while allowing
for such tree removal to take place in a managed manner.
B.
With an ever-growing population in the Township, it
is essential to our citizens to remove pollution from our air. It
takes approximately 20 mature trees to clean the air gases produced
from vehicular traffic consuming five gallons of gasoline. Healthy
trees greatly assist in the battle against air pollution since most
tree foliage traps dust and soot particles until the rain washes them
away. Trees also consume carbon dioxide, a by-product of the combustion
of organic fuel materials. Properly planted and nurtured trees contribute
to the creation of sound barriers to help in the reduction of the
noise level made by vehicular traffic.
This article may be cited as the "Howell Township
Tree Removal and Replacement Ordinance."
As used in this article, the following terms
shall have the meanings indicated:
The Township Land Use Officer.
The removal to the extent possible of the minimum number,
smallest and poorest specimens of trees so as to permit land development
while retaining the maximum number of larger and better specimens
of trees.
The Township Planning Board or Township Zoning Board of Adjustment,
pursuant to the jurisdictional criteria enunciated in N.J.S.A. 40:55D-1
et seq.
Shall be determined as follows:
A selective inventory by size and species, of
all trees having DBH of four inches or greater shall be conducted
using a minimum of 0.1 acre, (plots 65 feet by 65 feet), which shall
be staked or visibly marked to allow for Township inspection.
The locating of the inventory plots shall be
determined by the applicant, subject to Township approval, by using
a grid overlay drawn to the same scale as the site plan submitted
with the application.
A representative 5% of the wooded acres proposed
to be cleared shall be inventoried. The representative 5% shall be
determined by agreement between the applicant, the agencies with jurisdiction,
including the Planning Board or Zoning Board of Adjustment, the Township
Planner and the administrative officer. Where two acres or less are
proposed to be cleared, a minimum of 0.1 acre (plots 65 feet by 65
feet) shall be inventoried.
The location of the average wooded acre shall
be located on the plan, along with distinct boundary lines of the
various vegetative groups, to provide a more accurate quantity of
the proposed tree removal directly related to the required tree replacement
estimate.
The diameter measurement of a tree taken at ground level.
One who has completed the education and training requirements
to be certified and recognized as such by the State of New Jersey.
The removal of all standing trees on a lot or portion of
a lot.
The diameter of a tree measured at a point on the tree 4 1/2
feet from ground level. This phrase may appear in this article as
the abbreviation "DBH."
A limiting line established by a series of perpendicular
drop points marking the maximum radius of the crown of an existing
tree, but not less than eight feet from the trunk, whichever is greater.
Permission to depart from the requirements of this article.
The cutting of trees performed during a calendar year.
A protective barrier that shall be a minimum of four feet
high. The type of barrier must be approved by the Township Engineer.
An existing lot upon which a single-family residence has
been or is to be constructed.
A committee to be formed by and be part of the Howell Township
Shade Tree Committee.
The written information and a plan required in § 188-204 of this article and containing the proposed methods and procedures to be employed in conjunction with a tree removal project.
When used in this article, indicates a permissive direction.
Any individual, firm copartnership, association, corporation
or developer other than the Township and public corporation.
One who has a minimum of a bachelor's of science degree in
forestry from a four-year college accredited by the Society of American
Foresters, and is certified by the State of New Jersey.
A nursery-grown certified tree, properly balled and burlapped
and marked with a durable label indicating genus, species and variety,
having a minimum caliper of 2 1/2 inches for deciduous trees
and a minimum height of eight feet for conifers.
The removal of larger trees on an individual basis while
leaving trees of lesser size for future harvest.
When used in this article, indicates a mandatory direction.
The management of any forested tract of land to insure its
continued survival and welfare, whether for commercial or noncommercial
purposes, pursuant to a plan approved by the New Jersey Bureau of
Forestry.
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot; the location of all
existing and proposed buildings, structures and site improvements;
and any other information that may be reasonably required in order
to make an informed determination pursuant to an ordinance requiring
review and approval of site plans by the Planning Board or Zoning
Board of Adjustment.
The forest debris remaining after a tree removal operation.
Any tree with a DBH of 16 inches or greater. Exceptions will
be made based on species, health or conditions as determined by the
CTE. A landmark tree is an historic tree, and must be designated as
such and placed on a list by the CTE and Landmark Tree Committee.
Any tract of land which is hereafter subdivided into two
or more parcels along an existing or proposed street, highway, easement
or right-of-way, for sale or for rent as residential lots or residential
building plots, regardless of whether or not the lots or plots to
be sold or offered for sale or leased for any period of time are described
by metes and bounds or by reference to a map or survey of the property
or by any other method of description.
The removal of undesirable, competitive, diseased or damaged
trees so as to cultivate and improve the development of remaining
trees on a lot, as approved by the Howell CTE.
The uppermost 20% of a tree constituting its crown.
Any deciduous or coniferous species which reaches a typical
mature height of 25 feet and a typical mature DBH of four inches or
greater.
A permit to remove trees, issued by the administrative officer
after review and approval of application for removal and replacement
of trees in accordance with the provisions of this article.
A plan for replacement of removed trees in accordance with
the provisions of this article with an approved woodlands management
plan.
The following shall be exempt from the requirements
of this article:
A.
Commercial nurseries and fruit orchards and farms.
B.
Christmas tree plantings and farms.
C.
Properties devoted to the practice of silviculture.
D.
Removal of trees by homeowner which are dead, dying
or diseased or trees which suffered severe damage or any tree or trees
whose angle or growth makes them a hazard to structures or human life.
E.
Pruning and removal of trees by utility companies
to provide for line clearance of utility wires.
F.
Approved game management practice and habitat programs
as recommended by the State of New Jersey Department of Environmental
Protection, Division of Fish, Game and Wildlife, National Resource
Commission or similar agency.
G.
Residential home site lot/lots of one acre or less
subject to any easements or buffer restrictions existing or affecting
the lot.
H.
All properties operated as municipal or county golf
courses, and properties operated by state, county, or municipal governments
for parks, recreation or open space.
[Added 4-26-2005 by Ord. No. O-05-1]
A.
Damage from electrical wires. Any person, firm or
corporation having control over any wire for transmission of electrical
current along a public highway shall at all times guard all trees
through which or near which such wires pass against any injury from
wires or from electrical current carried by them. The device or means
used shall in every case be subject to the approval of the administrative
officer and the local utility.
B.
Protection from injurious chemicals. No person, firm
or corporation shall permit any brine, gas or injurious chemical to
come into contact with the stem or roots of any tree or shrub upon
a public highway, street or road or upon Township property.
C.
Injury by animals. No person, firm or corporation
shall hitch or fasten an animal to any tree on a public highway or
to any guard or support provided for same.
D.
Permission required for certain acts. No person shall
do or cause to be done upon trees in any right-of-way, Township open
space, public street, road or highway within the Township without
first obtaining written permission from the Director of Public Works
or the administrative officer any of the following acts:
(1)
Cut, trim, break, climb with spikes, disturb the roots
or otherwise intentionally injure, misuse or spray with harmful chemicals
or remove any living tree of four inches or more DBH or remove any
device installed to support to protect such trees;
(2)
Fasten any rope, wire, electrical equipment, sign
or other device to a tree or any guard about such a tree or shrub;
or
(3)
Close or obstruct any open space provided at the base
of a tree, which open space is necessary to permit the access of air,
water or fertilizer to the roots of such tree.
E.
Trees in public highways. No trees are permitted to
be planted in the Township, county or state right-of-way. Where a
person desires to control the growth of existing trees on a public
highway, street or road or right-of-way by removing them or pruning
the trees, then the person shall contact the Director of Public Works
and request the work to be performed.
F.
Destruction of trees/easement markers.
(2)
Any conservation easement or farmland buffer easement shall be posted with three inch by three inch anodized aluminum markers with a protective coating. The markers shall state "Conservation Easement" or "Farmland Buffer Easement" with the Howell logo. The markers may be purchased from the Township or from an approved vendor. The markers shall be attached to four-inch by four-inch by thirty-six-inch long posts made of concrete embedded in concrete. The concrete post shall be placed 24 inches into the ground so that 12 inches of the concrete post are exposed. Markers must be placed in accordance with § 188-127, "Easements," of this Howell Township Land Use Ordinance.
G.
Tree preservation standards.
(1)
No soil shall be deposited or removed within the dripline
or within eight feet, whichever is greater, of any existing tree trunk.
No machinery or materials shall be stored, deposited, cleaned or operated
within the dripline or within eight feet, whichever is greater, of
any existing trunk.
(2)
Driplines of specimen trees and isolated groupings
of trees which are to remain on site shall be clearly protected by
snow fencing or orange construction fence with a height of four feet,
located as close to the area of disturbance as possible. This protection
by snow fencing or orange construction fence shall be installed immediately
prior to and maintained during construction at the site.
[Amended 4-26-2005 by Ord. No. O-05-1]
(3)
The grade of the land located along the dripline shall
not be raised or lowered more than six inches unless compensated for
by welling or retaining methods and in no event shall the welling
or retaining wall methods be less than eight feet from the trunk of
the tree.
(4)
All debris created during tree removal and replacement
shall be removed from the lot for disposal before any certificate
of occupancy shall be issued.
(5)
During the period of construction or repair of any
building or structure or in the construction or repair of a street,
road and highway not yet dedicated to the Township, and any project
subject to Township inspection, the owner thereof or the contractor
shall take every precaution to place guards eight feet from the dripline
around all nearby trees on Township land or within public right-of-ways
so as to effectively prevent injury to such trees. The owner and/or
contractor shall each be responsible for the placement of such guards
or guardrails and failure to make adequate provision for the protection
of the trees shall subject the owner and builder to a penalty as hereinafter
provided. Pile, heap or store any building material, soil debris,
or any other matter, or make any mortar or cement, within a minimum
distance of eight feet of the dripline of a tree. A sidewalk that
is contained in the right-of-way or open space is excepted.
(6)
Where clearing and construction on the site results in the accidental removal of trees or severe damage, which will eventually result in removal of any tree or the removal of any tree delineated in the replacement plan, such removal or replacement for damaged tree shall be on a one-by-one basis by trees of four-inch caliper if the damaged or removed tree is between 2.5 and 16 inches DBH. If the damaged or removed tree is greater than 16 DBH, replacement shall be as set forth in § 188-194C.
H.
Right-of-way utility vegetation clearing/management
and woody plant pruning and removal. It is important for the health
and safety of the community that utility rights-of-way be maintained.
Utilities may be underground or overhead, and it is important that
vegetation not be planted too close to these utilities. It is recognized
that trees are a leading cause of electrical power outages, and trees
that touch power lines can be very dangerous or deadly. It is therefore
the policy of Howell Township to ensure that vegetation is maintained
or removed at a safe distance from utilities' rights-of-way. The safe
distance spacing standards are set by the utilities. Pruning techniques
will adhere to standards developed by the National Arborist Association.
Howell Township relies on the specific utility's professional certified
maintenance crews to maintain vegetation at a safe distance. Howell
Township in no way recommends or encourages that a homeowner or an
agent of the homeowner maintain or perform tree pruning or removal
in a utility right-of-way on his own. Any complaints or issues regarding
these rights-of-way should be directed to the Township to be resolved.
It is the policy of the Township to allow the certified agents of
a utility to maintain the right-of-way, including the complete removal
of trees, shrubs, and/or vegetation by cutting, pruning or herbicide
application by a certified applicator. It is the policy of the Township
not to plant or encourage the growth of trees indiscriminately on
utility rights-of-way. A list of trees and woody plants that can grow
under power lines, called "Low Growing Trees and Shrubs," can be used
with the written permission of the Engineering Department.
A.
Interference with lawful work. No person, firm or
corporation shall prevent, delay or interfere with lawful work undertaken
hereunder by the Director of Public Works or other employees of the
Township.
B.
Removal of trees authorized. The Director of Public
Works in consultation with the Township-certified tree expert, state-certified
forester or Township Manager shall have the power to do the following:
(1)
Remove any tree or part thereof dangerous to public
safety at the request and expense of the owner of such tree, only
if it impacts Township roadways or Township-owned properties.
(2)
In the case of public safety affecting public rights-of-way
or the flow of vehicular traffic, the Director of Public Works, in
consultation with the Township-certified tree expert, state-certified
forester or Township Manager, shall have the power to notify the owner
of any real estate property to remove, trim or thin the trees. If
after notification the owner fails to remove, trim or thin the dangerous
trees, the Director of Public Works shall have the power to remove
the trees and charge the actual cost thereof to such owner. The Director
of Public Works shall also have the power to contract with the owner
of any real estate in the municipality for the purpose of removing
trees in accordance with this section and to charge the actual cost
to the Township thereof to such owner. If the payment is not made
on demand, the Director of Public Works may certify the actual cost
thereof to the Collector of Taxes, whereupon the sum so certified
shall be collected by the Collector as other taxes or real property
are collected in the Township.
A.
Procedures for obtaining a tree removal permit and
management plan approval for properties not exempted under this article.
(1)
All management plans submitted pursuant to this article
dealing with the harvesting of timber and/or silviculture shall be
based upon and be in accordance with the standards and recommendations
of New Jersey State Bureau of Forestry pertaining to the type of tree
removal project proposed.
(2)
For the removal of trees not in conjunction with an
application for development of property involving minor or major subdivision
or site plan, or in any other form of development where the approval
of the Planning Board or Zoning Board of Adjustment is not required,
an application in a form to be established shall be submitted in duplicate
to the administrative officer with the application fee and providing
the following information:
(a)
Required information:
[1]
Street address of property with block and lot
identified;
[2]
Name of owner of property, phone number and
name of occupant of premises and phone number, if applicable;
[3]
Total acreage of the tract;
[4]
List identifying the number of trees by species
with a DBH greater than four inches to be removed.
[5]
Reason for the removal;
[6]
Location on the tract where tree removal is
to take place.
(b)
Where an application is made in connection with
the construction of a building or other improvement, a land use permit
and a tree removal permit must be issued prior to the clearing of
trees and the construction of a new dwelling. No building permit shall
be issued until the tree removal permit has been granted.
(c)
Homestead lots of one to three acres. Removal
of trees on tracts of land from one to three acres may be cleared
up to 100% of the area upon which a single-family dwelling has been
erected or is to be erected without replacement required. The Township
recommends that a minimum of 25% of the existing trees remain.
[Amended 4-26-2005 by Ord. No. O-05-1]
(d)
Homestead lots greater than three acres. Tree removal on lots totaling more than three acres shall require the owner to file with the Administrative Officer a plan indicating the boundaries of the homestead acre and the area the owner intends to clear. This plan shall be submitted in addition to the information as provided under § 188-193A(2)(a). The Township recommends that a minimum of 25% of the existing trees remain.
[Amended 4-26-2005 by Ord. No. O-05-1]
(e)
Upon receipt of the application for tree removal
permit, the administrative officer or his designee, in conjunction
with the Township Engineer and the CTE, may field inspect the lot
to determine if the removal, clearing or relocation of the trees does
not violate the below-listed criteria:
[1]
The tree(s) to be removed is not located within
a conservation area, environmentally sensitive area, wetland area
or buffer area designated by state, county or Township ordinance.
[2]
The tree(s) to be removed is not located within
a conservation area or buffer area as delineated and/or specified
on a previously approved site plan or subdivision plan for the property
in question.
[3]
The tree(s) to be removed was not required to
be planted by a previously approved application and/or landscape plan
to provide screening or buffering for a building or structure located
on the property in question or on an adjacent parcel of land.
[4]
An increase of surface water runoff.
[5]
Soil instability and erosion.
[6]
A negative impact on the adjacent properties.
[7]
Removal or disturbance of historic or landmark
tree(s).
(f)
A tree removal permit issued by the administrative
officer under this subsection shall be valid for one year from the
date of issuance. If the proposed removal violates one of the listed
criteria, the matter shall be referred to the board which had or would
have jurisdiction.
B.
Tree management plan application and permit for development
requiring subdivision or site plan approval.
(1)
For the removal of trees in conjunction with an application for development of property as either a minor or major subdivision or site plan, or in any other form of development where the approval of the Approving Board will be required, the applicant shall submit a management plan to the Board as part of the proposed construction drawings and simultaneously with the application for approval of such development in a form and manner which complies with the Township Land Use regulation (Chapter 188). A tree management plan, consisting of a map having a scale of one inch equals 50 feet or less, shows the location of existing wooded areas and clearly marked boundaries of the plots used to determine the average wooded acre for the site. This plan must be prepared by the applicant's professional. The locations of the trees shall be certified by a professional land surveyor licensed in the State of New Jersey and authorized pursuant to N.J.S.A. to submit such plans. The Board shall refer the application to the Shade Tree Commission and/or the Environmental Commission for its report and nonbinding recommendations. The Board may rely on the report and recommendations of the Environmental Commission and/or the Shade Tree Commission in reaching its decision to approve the management plan, disapprove the management plan or approve the management plan subject to such conditions as have been recommended by the Shade Tree Commission and the Environmental Commission in accordance with the terms of this article.
(2)
The Approving Board shall also forward the proposed
tree management plan to the CTE for review and comment. If the plan
meets all requirements, the CTE shall approve the plan and so advise
the Board. If the plan does not meet the approval of the CTE, a report
will be generated outlining the plan's deficiencies and this report
shall be submitted to the appropriate board and the applicant. The
tree management plan shall provide the following information:
(a)
Location of streams and watercourses;
(b)
Locations of slopes greater than 10% where any
tree removal is proposed;
(c)
Total acreage of the tract;
(d)
Locations on the tract where tree removal is
to take place;
(e)
The location of each 0.1 acre plot used to determine
the average wooded acre as in § 188-189D of this article;
(f)
For each plot inventoried to determine the average
wooded acre, the application shall provide a list identifying the
species of tree, the number of each species and the size of each individual
tree in that plot.
(g)
The total number by species of existing trees
with a DBH of four inches or greater on that tract;
(h)
The total number by species of trees with a
DBH of four inches or greater which are to be removed;
(i)
For tracts greater than one acre, the applicant
may make an estimate of the total quantity of trees by species based
upon the inventory of 0.1 acre plots. For tracts where less than one
acre is proposed to be cleared, the number and species of trees to
be removed shall be based on actual count;
(j)
All trees with a DBH of 16 inches or greater
shall be specifically identified by location on the map and listed
on a separate schedule showing species and common name and size. All
efforts shall be made to preserve such trees, including, if necessary,
relocation of infrastructure, roadways and buildings.
(l)
The location of existing and proposed structures
and improvements, if any.
(m)
Fifteen copies of said management plan shall
be submitted to the approving board in accordance with this article.
C.
Tree removal permit for tree management plans approved
by land use boards.
(1)
Tree removal permit is required for every management
plan approved by the Planning Board or Zoning Board of Adjustment.
The application must be presented to the administrative officer. A
copy of the signed resolution of approval and a copy of the fully-executed
site plan or subdivision indicating all conditions of approval have
been met shall be submitted to the administrative officer before a
tree removal permit shall be issued.
(a)
The tree removal permit issued by the administrative
officer shall be valid so long as the approving board's approval is
valid. The removal or damage to trees not approved for removal shall
be considered a violation of this article.
(b)
Any substantial change in a tree removal and
replacement plan shall necessitate the submission of a revised plan
to the approving board for review.
(c)
The tree removal permit issued by the administrative
officer shall be displayed or be available for inspection at the site
where tree removal and replacement is to take place. Failure to display
or make available the tree removal permit at the site of removal shall
be a violation of this article. Any person may examine the application
for tree removal permit on file with the administrative officer upon
request made in writing or in person to that office. Copies of the
application submission shall be made available in accordance with
law.
(2)
Prior to the issuance of a building permit, the developer shall comply with § 188-191F, entitled "Tree preservation standards," outlined above.
(3)
Prior to the issuance of the certificate of occupancy,
the Construction Code Official shall receive a release from the administrative
officer or his or her designee that all trees to be retained and all
trees to be replaced under the tree removal permit are in fact in
existence and that all debris/slash generated as a result of these
activities has been removed.
For all replacement requirements, the following
formulas shall apply:
A.
For trees over four-inch caliper and under eight-inch
DBH. For trees with a DBH equal to or greater than four inches and
less than eight inches, replacement shall be based upon the percentage
of the trees removed as set forth below:
|
Percentage of Trees Removed
from Entire Development
|
Percentage of Trees to be Replaced with
Trees of Minimum Size Two-and-One-Half-Inch Caliper
|
|---|---|
|
80-100
|
80
|
|
60-79
|
60
|
|
40-59
|
40
|
|
20-39
|
20
|
|
10-19
|
10
|
|
9 or less
|
Equal to the amount of trees removed
|
B.
For trees over eight-inch DBH and under sixteen-inch
DBH. For trees with a DBH equal to or greater than eight inches and
less than 16 inches, replacement shall be two trees for each tree
removed. The tree replacement size shall be a minimum size of two-and-one-half-inch
caliper.
C.
For trees over sixteen-inch DBH. For trees with a
DBH equal to or greater than 16 inches, each removed tree shall be
replaced with the size and the amount of trees set forth below:
|
Existing Tree to be Removed
(inches in caliper)
|
Number of Replacement Trees
(minimum size two-and-one-half-inch caliper)
|
|---|---|
|
Less than 18
|
4
|
|
Less than 21
|
5
|
|
Less than 24
|
6
|
|
Less than 27
|
7
|
|
Less than 31
|
8
|
|
Less than 37
|
9
|
|
Less than 41
|
10
|
|
41 or greater
|
11
|
D.
Appropriate species. The species or type of replacement
tree and the mix of replacement tree types (deciduous, conifer) shall
be selected from the species removed from the tract under consideration
or from an approved list of trees, including shade trees, ornamental
trees and conifers, as recommended by the approving board and its
professionals. All trees shall be nursery certified and installed
as follows:
(1)
In general, excavation for planting shall be large
enough to accommodate the natural spread of the root system. The planting
backfill shall be one part humus or peat, one part screened topsoil
and one part native soil from the site to ensure an appropriate planting
medium and adequate soil transition between the planting pit and the
native undisturbed soil for proper root growth and development. The
"parent material" or native soil, if suitable, should not be disposed
of, instead it should be used to create a four-inch rim or saucer
around the edge of the pit to create a dish for rainwater collection
and uptake by the tree roots. Trees shall be adequately watered at
the time of planting and mulched with three inches of approved mulch
immediately after planting. Mulch should not touch the base of the
tree.
[Amended 4-26-2005 by Ord. No. O-05-1]
(2)
Trees shall be staked and guyed immediately after
planting. Stakes shall be of cedar or oak, eight feet long and no
less than two inches in diameter. Stakes shall be located in undisturbed
soil outside of the planting pit. Trees shall be guyed to the stakes
using plastic interlock chain straps one inch minimum. Tree wrap shall
be removed after planting.
[Amended 4-26-2005 by Ord. No. O-05-1]
E.
For lots less than 10% wooded. On parcels to be developed
where less than 10% of site is wooded, in addition to any trees that
must be replaced or provided under this article, there shall be required
the addition of one two-and-one-half-inch (minimum) caliper tree for
every 1,000 square feet of impervious coverage. Street shade trees
required for right-of-way may not be credited toward this requirement.
F.
Credit for replacement trees. Except where specifically
prohibited, any trees required by a landscaping plan may be credited
toward the number of replacement trees at the discretion of the appropriate
Township official. However, the purpose and intention of this article
shall be taken into consideration in granting this credit. No credit
shall be granted for street shade trees required under this article.
[Amended 4-26-2005 by Ord. No. O-05-1; 8-15-2023 by Ord. No. 23-23]
A.
On-site replacement trees. All required replacement
trees shall be planted on the site from which trees were removed if
possible. A waiver from any portion or all of the required on-site
replacement may be granted by the approving board and shall be based
upon documented practical physical difficulties and undue hardship
related to conditions of the site from which trees are to be removed.
The comments and recommendations of the Board Engineer in consultation
with the Licensed Tree Expert, Shade Tree Commission and Environmental
Commission shall be solicited in determining whether the requested
waiver is required.
B.
Off-site replacement trees. In lieu of replanting
trees on the removal site, applicants shall have the option of planting
replacement trees of type(s) selected by the Licensed Tree Expert
from the approved list of trees contained in this article at an off-site
location chosen by the board in jurisdiction in consultation with
the Licensed Tree Expert, Shade Tree Commission and Environmental
Commission. Such off-site locations shall be restricted to Township-owned
public property, including but not limited to public parks and public
buildings.
C.
Township Tree Fund. In the alternative, should the
quantity of the trees to be removed be greater than the tree replacement/landscaping
plan due to limited available planting area, the applicant may make
contribution to be deposited in the Township Tree Fund as established
by this article. The contribution, in lieu of planting of trees, shall
be $400 per tree. Contribution from the applicant shall not exceed
the total sum of $45,000 per developed acre.
Any person or developer of subdivisions or site
plans, claiming that they have conducted tree removal operations which
are in substantial conformance with the terms of this article prior
to the date of its enactment may, within 60 days after the final adoption
of this article, make application to the Planning Board for a certificate
of prior use. The Planning Board shall, within 90 days of the date
of receipt of such an application, cause the premises to be inspected
to determine that any tree removal project is in substantial conformity
with the terms of this article, and such determination shall serve
as a certificate of prior use relieving the application of an obligation
to secure a tree removal permit for continued operations of said tree
removal project. Failure of the Planning Board to act within the time
specified shall be deemed to be an approval of the request for a certificate
of prior use. Any person who does not file for such certificate within
60 days of the date of this article shall conclusively be presumed
to be bound by the terms of this article.
All toppings and slash that are generated by
the felling of individual trees or trimming of trees may not be left
on the ground of the lot and shall be removed immediately.
Notwithstanding any exemption to the replacement
requirements of this article, an application for the harvest of timber
and/or silviculture, shall be based upon and in accordance with the
standards and recommendations of the New Jersey State Bureau of Forestry
pertaining to the type of tree removal project proposed. A copy of
the forestry permit and plans must be submitted to the administrative
officer.
A.
There shall be a fee as set forth in Chapter 139, Fees, for applications under § 188-193A(2). If the tree removal permit involves any other type of land use permit (i.e., deck, pool, etc.), no additional fees will be required. Upon receipt of a complete application, the Administrative Officer shall approve or deny said application within 10 calendar days.
[Amended 4-26-2005 by Ord. No. O-05-1]
For the planting, removal and/or the replacement
of trees in conjunction with an application for development of property
as either a minor or major subdivision or site plan, zoning permit
or in any other form of development where approval of the Approving
board will be required, the applicant shall post a performance guarantee
with inspection fees in accordance with the New Jersey Municipal Land
Use Law and Township ordinances.
There shall be established by this article a Township tree fund for the purposes set forth in this article. The value of a replacement tree shall be set in § 188-195C.
A.
Dedication of funds. All funds collected as contribution
in lieu of replanting shall be deposited in a dedicated account clearly
designated as the Township Tree Fund. All funds so deposited shall
be used for the:
[Amended 10-18-2022 by Ord. No. O-22-55]
(1)
Planting
and maintenance of trees; and
(2)
Acquisition
of land by the Township Council in any manner consistent with state
law. Lands so acquired may be wooded or not at the time of purchase.
Any lands acquired with funds from the Tree Fund may be used for the
future planting and maintenance of trees and such other uses as are
consistent with the establishment and preservation of open space in
the Township. Such lands may also be, but are not required to be,
encumbered by any then-prevailing state Green Acres regulations.
B.
Administration of funds. The tree fund shall be administered
by the Chief Financial Officer, who shall report to the Township Council
and the Shade Tree Commission on a quarterly basis detailing the use
of the fund.
An applicant may appeal to the Planning Board
of the Township of Howell from a decision of the administrative officer
denying a tree removal permit or from any other action or requirement
of the administrative officer under the terms of this article. Said
appeal shall be made within 30 days of the date upon which notice
of denial or other action of the administrative officer is served
upon the applicant. The Planning Board shall consider the findings
of the administrative officer and the testimony of the applicant and
may thereafter take the following actions:
A.
Affirm the decision of the administrative officer.
B.
Overrule the decisions of the administrative officer
and direct that a tree removal permit be issued.
C.
Overrule the decision of the administrative officer
denying the permit but conditioning the issuance of said permit upon
the satisfaction of such conditions as the Planning Board shall impose.
D.
In special circumstances and upon a showing of good
cause by the applicant, waive a requirement of this article where
said waiver will not frustrate the basic intent and purpose of this
article.
A.
Each tree cut, damaged or destroyed in violation of
this article shall be deemed to be a separate and distinct violation.
Any person convicted of violating any of the provisions of this article
shall be liable for a penalty of not more than $1,000 per violation
or imprisonment in the county jail for no more than 90 days, or both,
at the discretion of the court having jurisdiction over this matter.
B.
In addition, the Township may institute and maintain
a civil suit in chancery for injunctive relief to enforce the provisions
of this article. The Township may also require the replacement of
illegally removed trees with trees of similar species or an appropriate
contribution for same as set forth in other sections of this article.
C.
The issuance of a stop-work order and a summons by
the administrative officer or designee may be issued for inappropriate
or illegal tree removal activities upon recommendation of the Township
Certified Tree Expert, a state-certified forester or Township official.
D.
If the Township requires a mitigation plan for the
illegally removed trees, the applicant shall post a cash guarantee
covering 15% of the cost of the tree replacement plan, including labor
at the time of issuance of the tree removal permit. The guarantee
shall be held for two growing seasons after the cessation of construction
or land disturbance on the site. If any of the trees require replacement,
the applicant must replace the damaged or diseased trees. If the applicant
fails to replace the trees, funds shall be used to replace trees which
die or are damaged during this two-year growing season period. Any
unused funds shall be returned to the applicant at the end of the
two-year period. The cash guarantee estimate shall be prepared by
the Township Engineer.
[Amended 4-26-2005 by Ord. No. O-05-1]
The Township Council through the administrative
officer of the Township may revoke a permit where there has been a
false or misleading application or there is a noncompliance with the
approved management plan.
