[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:
ADMINISTRATIVE OFFICER
The Township Land Use Officer.
AESTHETIC IMPROVEMENT CUT
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.
APPROVING BOARD/LAND USE BOARD
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.
AVERAGE WOODED ACRE
Shall be determined as follows:
A. 
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.
B. 
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.
C. 
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.
D. 
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.
CALIPER
The diameter measurement of a tree taken at ground level.
CERTIFIED TREE EXPERT (CTE)
One who has completed the education and training requirements to be certified and recognized as such by the State of New Jersey.
CLEAR CUTTING
The removal of all standing trees on a lot or portion of a lot.
DIAMETER BREAST HEIGHT
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."
DRIPLINE
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.
EXEMPTION
Permission to depart from the requirements of this article.
FINISHED CUT
The cutting of trees performed during a calendar year.
GUARD and GUARD RAILS
A protective barrier that shall be a minimum of four feet high. The type of barrier must be approved by the Township Engineer.
HOMESTEAD LOT
An existing lot upon which a single-family residence has been or is to be constructed.
LANDMARK TREE COMMITTEE
A committee to be formed by and be part of the Howell Township Shade Tree Committee.
MANAGEMENT PLAN
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.
MAY
When used in this article, indicates a permissive direction.
PERSON
Any individual, firm copartnership, association, corporation or developer other than the Township and public corporation.
PROFESSIONAL FORESTER or STATE CERTIFIED FORESTER
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.
REPLACEMENT TREE
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.
SELECTIVE CUTTING
The removal of larger trees on an individual basis while leaving trees of lesser size for future harvest.
SHALL
When used in this article, indicates a mandatory direction.
SILVICULTURE
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.
SITE PLAN
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.
SLASH
The forest debris remaining after a tree removal operation.
SPECIMEN/LANDMARK TREE
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.
SUBDIVISION
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.
THINNING
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.
TOPPINGS
The uppermost 20% of a tree constituting its crown.
TREE
Any deciduous or coniferous species which reaches a typical mature height of 25 feet and a typical mature DBH of four inches or greater.
TREE REMOVAL PERMIT
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.
TREE REPLACEMENT PLAN
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.
(1) 
No person shall cut, remove or destroy, or cause to destroy, any tree growing in the Township without having first obtained a permit as provided in § 188-193 or be subject to penalties as provided in § 188-204, unless the removal of the trees is in compliance with § 188-190, titled "Exemptions."
(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.
(k) 
A specific replacement plan for the planting of removed trees in accordance with § 188-194.
(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.
A. 
There shall be no clear-cutting permitted on slopes of 10% or greater in grade; however, selective cutting or thinning is permitted.
B. 
There shall be no clear-cutting permitted within new or proposed major subdivisions unless otherwise stated in this article or by the approving board.
C. 
All portions of a lot which are clear-cut, where the land thereby cleared has not been placed into agricultural or horticultural use within the required six-month time period, shall be replanted in accordance with § 188-194.
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]
B. 
Where the applicant is seeking a tree removal permit and management plan approval under § 188-193B, the application fee shall be as set forth in Chapter 139, Fees, in addition to all other fees required by § 188-167.
[1]
Editor's Note: Specific fee amounts were removed from this section in conjunction with Ord. No. O-09-13, adopted 4-28-2009. For current tree removal permit fees, see Ch. 139, Fees, Art. XXXVII.
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.