[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.]
GENERAL REFERENCES
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:
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.
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:
A.
Removal on tracts having major subdivision or site
plan approval where a landscaping plan and soil erosion plan have
been approved.
B.
Cutting on property actually being used as a nursery,
garden center or orchard.
C.
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.
D.
Cutting or removal of fewer than 25 trees from any
one tract of land by the owner of the tract.
A.
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:
B.
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:
A.
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.
C.
The plan shall contain a map or plat of the area of
the tract to be cut, showing the following information:
(1)
Extent of each owner's contiguous land holdings.
(2)
Contours based on United States Geological Survey
quadrangle maps.
(3)
Drainage patterns as indicated from contours on United
States Geological Survey quadrangle maps, both dry weather and wet
weather.
(4)
Estimated number of trees to be removed and estimated
percent of tract to be cleared as a result thereof.
(5)
Location of proposed logging roads.
(6)
Location of proposed truck loading areas.
(7)
Location of erosion-control facilities.
(8)
Identification of species of trees to be cut and the
percentage of each species constituting the total cut.
A.
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.
B.
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.
C.
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.
D.
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[1]]
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.
A.
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.
B.
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[1]]
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.
