[HISTORY: Adopted by the Township Council (now Township Committee) of Oxford 12-5-1977 by Ord. No. 77-10 (Ch. 87 of the 1974 Township Code). Amendments noted where applicable.]
Soil conservation and protection – See Ch. 271.
This chapter shall be known and may be cited as the "Tree Removal Ordinance of the Township of Oxford."
The Township Committee of the Township of Oxford finds that the indiscriminate, uncontrolled and excessive destruction and removal of trees within the Township has resulted in drainage problems, soil erosion, increased dust and loss of tree species, with the result that there has been, or will result in, a deterioration of conditions affecting the health, safety and general well-being of the inhabitants of the Township.
As used herein, the following terms shall have the meanings set forth:
- AREA OF TRACT TO BE CUT
- The aggregate area of all contiguous tracts cut or to be cut within any twelve-month period.
- Any individual, firm, corporation, association, syndicator, partnership, trust or any other legal entity.
- Any living, woody, perennial plant having a diameter greater than five inches, measured at a point 4 1/2 feet above the ground.
- TREE INSPECTOR
- A representative of the Township appointed by the Township Committee to administer the provisions of this chapter.
No person shall destroy, cut or remove any trees in the Township without having a valid permit, unless the destruction or removal is exempt pursuant to § 8313-5 of this chapter.
The following shall be exempt from the provisions of this chapter:
Removal on tracts having major subdivision or site plan approval where a landscaping plan and soil erosion plan have been approved.
Cutting on property actually being used as a nursery, garden center or orchard.
Removal in accordance with a management plan developed by the New Jersey Department of Environmental Protection and filed with the Tree Inspector or Township Engineer.
Cutting or removal of fewer than 25 trees from any one tract of land by the owner of the tract.
Within 45 days after the submission of an application for a permit as required herein, the Tree Inspector or Township Engineer shall grant or deny the application and notify the applicant, in writing, of the determination. The application shall be granted if the proposed destruction or removal will not:
If the application is denied, the reasons for the denial shall be set forth in the notice of denial.
The plan submitted in support of the application shall comply with the following:
The plan shall be prepared on a reproducible medium which shall be 24 by 36 inches in size. Five copies of the plan shall be submitted.
The plan shall contain a map or plat of the area of the tract to be cut, showing the following information:
Extent of each owner's contiguous land holdings.
Contours based on United States Geological Survey quadrangle maps.
Drainage patterns as indicated from contours on United States Geological Survey quadrangle maps, both dry weather and wet weather.
Estimated number of trees to be removed and estimated percent of tract to be cleared as a result thereof.
Location of proposed logging roads.
Location of proposed truck loading areas.
Location of erosion-control facilities.
Identification of species of trees to be cut and the percentage of each species constituting the total cut.
Stream protection. Existing dry- and wet-weather streams shall be protected from damage. Crossing of all streams shall be kept to an absolute minimum and shall be as designated on the plan. A five-foot-wide undisturbed area shall remain on either side of the extremities of any stream.
Truck loading areas. Loading areas shall be located to prevent vehicles or equipment from obstructing the public roadways. Sufficient area shall be provided to accommodate trucks being loaded and all other vehicles associated with the tree-removal operation.
Erosion-control facilities. Erosion-control facilities shall be designed in accordance with Chapter 271, Soil Conservation and Protection, of the Oxford Code. The method of erosion control shall specify the means of preventing silt from leaving the tract and shall include specifications for restoration and/or protection of the disturbed areas to prevent siltation after completion of the tree-removal operation. No multiflora rose shall be used for soil stabilization.
Fire prevention. Tree-removal operations shall be conducted so as to minimize the danger of fire. Waste material shall be placed in a manner to prevent the origin or spread of forest fires. In the event of fire, the owner or the contractor shall immediately notify the New Jersey Forest Fire Service and the Oxford Township Fire Department and shall commit his work forces totally to the containment of the fire.
[Amended 10-21-1993 by Ord. No. 93-11]
Upon filing of an application, the applicant shall pay to the Township of Oxford an application fee based on the area of the tract to be cut. The fee shall be at the rate of $100 per acre.
Maintenance. All necessary soil erosion and sediment control measures installed under this chapter shall be adequately maintained for one year after completion of the approved plan or until such measures are permanently stabilized as determined by the Township Engineer, whichever is longer. The Construction Official shall give the applicant, upon request, a certificate indicating the date on which the measures called for in the approved plans were completed. After such period of time, the owner or owners of said premises shall be responsible for the maintenance of the soil erosion and sediment control measures installed under this chapter.
Maintenance guaranty. The Municipality shall receive a maintenance guaranty for a period of one year after completion of the approved plan or until the soil erosion and sediment control measures are permanently stabilized as determined by the Township Engineer, whichever is longer. The amount of the bond shall be determined by the Township Engineer based upon a review and approval of an estimate of quantities and costs prepared by the applicant's engineer. In no event shall it be less than $100.
[Amended 10-21-1993 by Ord. No. 93-11]
Any person violating of any of the provisions of this chapter shall, upon conviction, be punished by a fine of up to $2,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, in the discretion of the court.
This chapter shall be liberally construed to effectuate the purpose and intent thereof.