As used in this chapter, the following terms shall have the meanings indicated:
COMMERCIAL FARM [Added 2-27-2006 by Ord. No. 2006-02]
A. A farm management unit of no less than five acres producing agricultural or horticultural products worth $2,500 or more annually and satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.); or
B. A farm management unit less than five acres producing agricultural or horticultural products worth $50,000 or more annually and otherwise satisfying the eligibility criteria for differential property taxation pursuant to the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.).
DRIPLINE The line formed by water dripping from the outermost circumference of the branches of the tree.
HOMESITE The land under the dwelling and such additional land actually used in connection with a single-family dwelling, such as land used for lawns, flower gardens, shrubs, swimming pools, tennis courts and similar uses customarily accessory and appurtenant to the use of a dwelling, but in no event more than the amount of land equal to the minimum lot size provided for the zoning district in which the property is located, subject to any other restrictions or easements which may apply to the planting or
removal of
trees.
[Amended 7-7-2008 by Ord. No. 2008-15]
MERCER COUNTY AGRICULTURE DEVELOPMENT BOARD or BOARD A board established to regulate commercial farm practices and to consider any application by commercial farm owners or operators to conduct permissible farming activities, pursuant to the Right to Farm Act, N.J.S.A. 4:1/C-1 et seq.
[Added 2-27-2006 by Ord. No. 2006-02]
OWNER Any person as defined herein having title to or lawful possession of any lot, plot or parcel of land within the Township.
PERSON Any individual, association, partnership, company, corporation, agency or combination thereof.
PRIVATE TREE Any living
tree having a trunk diameter of five inches or more as measured at a point 4 1/2 feet above the ground within the Township of West Windsor and located on private land.
[Amended 6-22-1981 by Ord. No. 81-24]
PUBLIC TREE Any living
tree or shrubbery located on lands owned by the Township of West Windsor or any other governmental body.
[Amended 6-22-1981 by Ord. No. 81-24]
STATE AGRICULTURE DEVELOPMENT COMMITTEE A committee established to regulate commercial farm practices and to advance and regulate farmland preservation pursuant to the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
[Added 2-27-2006 by Ord. No. 2006-02]
The following acts are prohibited except upon issuance of a permit by the Township of West Windsor:
A. No person shall injure, girdle, remove, destroy or cause or allow to be removed or destroyed any living tree.
B. No person shall place salt, brine, oil, chemicals or other substances injurious to plant growth within the dripline or in any other place or manner as to injure any tree growing thereon or nearby.
C. It shall be unlawful to operate or park heavy machinery, e.g., trucks, bulldozers, graders, etc., within the dripline of any
tree as defined above, or to carry out scraping or excavation in any such manner as to expose or endanger the roots of such
trees, except for approved alteration of grade as in Subsection
G of this section.
D. No fill, gravel, sand or other such material shall be dumped, deposited or stored within the dripline of any tree.
E. No person shall build a fire or station any tar kettle or engine in such a manner that heat or noxious fumes will penetrate the dripline of any nearby tree.
F. No person shall dam or obstruct any watercourse so as to result in flooding of adjacent wooded areas and thereby cause damage to trees therein.
G. Existing grade surrounding a tree may not be altered by more than six inches without construction of an appropriate masonry well or wall to provide retention of original grade around the tree. Such masonry structure shall encircle the tree at a distance of at least three feet from the trunk at any point.
H. No person shall cause to occur any disturbance to land or vegetation, including the injuring, girdling,
removing and destroying of living
trees, in any area designated for conservation by an approval of a Township land use board, whether such area is established by specific delineation or by application of principles and processees set forth in the approval and application documents, and in any other area for which conservation restrictions are in place by virtue of easements, deed restrictions, or other instruments. Conservation areas created by land use board approvals may be established by Greenbelt or other easement or deed restriction, but shall also be subject to this chapter and to §
200-254 if no deed restrictions or easements are recorded, whether or not the intent of the approval was to have such instruments recorded.
[Added 7-7-2008 by Ord. No. 2008-15]
[Amended 4-19-1999 by Ord. No. 99-07; 2-27-2006 by Ord. No. 2006-02; 4-7-2008 by Ord. No. 2008-02]
A.
Any person, including the owner or operator of a commercial farm, desiring to
remove, injure, girdle or destroy one or more
trees defined in §
170-1 shall file an application therefor with the Manager, Division of Land Use (Manager), on a form to be provided for this purpose. The owner or operator of a commercial farm is not exempt from making such an application. The application shall identify the lot or tract of land upon which the
tree or
trees are located, shall disclose the name and address of the owner and/or tenant or duly authorized agent of the owner or shall show the actual location, species and diameter of the
tree or
trees sought to be destroyed, as well as the location of any existing buildings or proposed construction.
B.
If the applicant is the owner or operator of a commercial farm, then the Manager shall refer the application, together with any previous applications for removal of trees from the tract of land, to the Mercer County Agriculture Development Board (Board) with the Manager's recommendations. If the Manager determines that the application is made to benefit a land developer, then the application shall be denied, subject to review by the Board.
C.
The Manager shall refer all other applications, together with any previous application for removal of trees from the tract of land, to the Township Shade Tree Commission for consideration as detailed below.
D.
Upon referral of an application from the Manager, Shade Tree Commission or its authorized representatives shall examine the premises referred to in the application and inspect the trees referred to therein and the physical condition of the lands and the vicinity thereof.
E.
After completing the examination, the Shade
Tree Commission or its representatives shall make a determination with respect to whether or not the permit should be granted in accordance with the standards provided for herein. If this determination is to grant the permit, it shall be endorsed upon the application and returned to the Manager, who shall either issue or deny the permit within one week thereafter. Issuance of permits shall not be approved for
trees within Township land use board-created conservation areas set forth in §
170-2H unless such
trees are dead or diseased and in the opinion of the Shade
Tree Commission should be
removed or unless the Township land use board that established such areas has agreed that the acts for which the filed application seeks approval may be undertaken by approving an amendment to the prior land use approval barring such acts. Issuance of permits shall not be approved for
trees within such other conservation areas as are set forth in §
170-2H unless permits for
tree removal, pruning, or trimming are permitted by the instrument creating such conservation areas. Issuance of permits shall not be approved for
trees outside of the conservation areas set forth in §
170-2C unless one or more of the following conditions is found to exist:
[Amended 7-7-2008 by Ord. No. 2008-15]
(1)
The tree or trees in question are in areas to be occupied by buildings, driveways, recreation areas, streets or drainage or underground utility easements as determined from plat maps for site construction as approved by the Township Planning Board.
(2)
The tree or trees are located within 15 feet of any of the aforesaid structures or are within utility easements.
(3)
The area requires an approved cut or fill of land deemed injurious or dangerous to the trees in question and no alternative grading methods arc available.
(4)
Presence of the tree shall in any way constitute a danger to the property owner or the public.
(5)
Other adequate and special reason within the intent of this chapter.
[Amended 4-19-1999 by Ord. No. 99-07; 2-27-2006 by Ord. No. 2006-02]
If the applicant is a commercial farm owner or operator, then any appeal from a permit denial by the Manager should be made to the Board in accordance with the rules and resolutions of the State Agriculture Development Committee. All other applicants are hereby granted the right to appeal the aforesaid determination by the Manager to the Business Administrator, in which event the applicant must file a written notice of appeal with the Manager within 10 days after receipt of the Manager's notification to the applicant. Thereupon, the Business Administrator will, upon notice to the applicant, proceed to hear the matter within 30 days after the filing of the appeal. The decision of the Business Administrator may affirm, reverse or modify the aforesaid determination and shall constitute the final administrative determination of the application.
Any person found guilty of violating any provision of this chapter shall, upon conviction, be liable to the penalty established in Chapter
1, General Provisions, Article
II, Penalty, §
1-3. Each day any violation of this chapter continues shall constitute a separate offense, as shall injury to or destruction of each
tree without a permit.