No person shall cut or remove any tree upon
any land within the Town unless such removal accomplishes a useful
purpose and is done in accordance with the terms of this chapter.
For the purposes of this Article, the following
terms and words are herein defined as follows:
A plan of tree removal and/or planting approved by the Planning
Board, the Town Engineer or other Town agency, as provided for in
this chapter.
A list of trees recommended by tree specialists as best adapted
to the climate, soil and topography of the Town of Dover and adopted
by resolution of the Town of Dover Shade Tree Commission. This list
shall be kept on file for the use and guidance of persons presenting
plans for tree planting and is attached hereto as Schedule A.[1]
Any woody perennial plant having a diameter greater than
four inches, measured at a point four and one-half (41/2) feet above
the ground.
Any area larger than 5,000 square feet supporting sufficient
trees to cause 75% of the ground to be directly under canopies of
trees.
A.
A tree removal and planting plan shall be filed with the Planning Board with every application for a major subdivision or application for resubdivision, site plan review or prior to any other type of development requiring tree removal or planting, except as otherwise provided in § 236-92 of this chapter. If no tree removal or planting is anticipated, such information must be specifically stated in the application.
B.
Where a lot or tract is proposed to be developed for
use as a single-family residence and the owner has not received an
approved plan or the approved plan has been revised, a plan must be
submitted to and approved by the Town Engineer.
C.
A plan for tree removal and replanting must be approved
as part of every soil removal and landfill operation application.
D.
No building permit shall be issued for the construction
of any residential, commercial, industrial, recreational or community
buildings or accessory buildings, unless and until the developer,
builder or owner files with the Town Engineer a tree removal and/or
planting plan and obtains approval thereof or submits a plan previously
approved by the Planning Board.
E.
If building permits are sought on land which has been
cleared for agricultural purposes after November 1, 1980, a planting
plan must be submitted to and approved by the Planning Board.
F.
No occupancy permit shall be issued unless tree removal
has been in accordance with the approved plan and all trees required
to be planted have in fact been planted in accordance with the approved
plan or bond guaranteeing such planting has been posted with the Town
Clerk. The bond shall be calculated at the principal sum of $600 per
tree involved.
Under this Article, the following trees may
be removed without the filing of and the obtaining of an approved
plan:
A.
Any tree located on a tract of land having a minimum
lot size of 60,000 square feet or more in size on which a single-family
dwelling has been erected and for which a valid occupancy permit has
been issued, provided that the tree removal is authorized in writing
by the owner of such property.
B.
Any tree as part of a nursery, garden, orchard or
Christmas tree farm, provided that the subject area is being actively
used commercially and is not a component part of a subdivision or
development for building purposes.
C.
Trees managed by the Town of Dover Shade Tree Commission.
D.
Any live tree cut for firewood or lumber for personal
use by the owner or his tenant occupying the premises.
E.
Any dead or diseased tree or any tree that endangers
life or property.
F.
Trees cut according to a plan developed by State or
Federal Forestry Departments, designed for weeding, thinning, planting
or other tree culture or betterment of wooded areas, provided that
a letter so stating is filed with the Town Engineer and is signed
by the forestry specialist developing the plan.
G.
Trees removed in the development of ponds or lakes
when supervised by the Soil Conservation Service and/or the Federal
or State Forestry Service, provided that a letter so stating is filed
with the Town Engineer, signed by the appropriate supervising agency.
H.
Trees removed for farmland or horticultural development,
provided that a letter is filed with the Town Engineer stating that
the land involved is suited for the aforementioned use and is signed
by the Morris County Agriculture Agent.
Every plan submitted for tree removal approval
shall be in the form of a map and exhibits showing:
A.
The tax map lot and block number.
B.
The area of the tract.
C.
The location of trees or wooded areas.
D.
The number of trees or percentage of wooded area.
E.
Species involved.
F.
General slope/topography taken from the Dover Slope
Map.
G.
The location of streams and wetlands.
H.
A map of locations and surrounding properties showing
wooded areas.
J.
A tree removal plan and tree planting plan in relation
to principal and accessory buildings, roads and driveways, parking
lots, garden areas, etc., showing also the relation to survey stakes.
K.
The location of buildings.
L.
The location of roads, driveways, parking lots, recreation
areas and garden areas.
M.
A grading plan.
A.
Trees on a proposed building site or within 30 feet
around a proposed building may be removed.
B.
Trees may be removed where the proposed paved portion
of a parking area is planned. In off-street areas, other than for
a single residential dwelling, island of trees must be left in such
a manner that there is a tree every 200 feet or less in any direction.
No impervious material of any nature shall be placed within 10 feet
of the base of the trunk of a tree, and the grade shall be such that
drainage of rainwater will keep the root area watered without pooling
or exceeding the requirement of the species. Excess water shall be
admitted to dry wells or storm sewers on the parking lot or drained
by acceptable means.
C.
Trees may be removed on private rights-of-way and
driveways within 15 feet of each side of the planned paved area. Alignment
of the driveways should be planned to save as many trees as possible.
D.
Trees shall not be removed from an area within 100 feet of the edge of a stream or from within 100 feet of a wetland or marsh, unless the tree removal falls under those trees classified in § 236-92D, F, G and H of this Article. This applies also to areas adjacent to seasonal streams controlled by critical area restrictions of Article IV, Zoning, of this chapter.
E.
Where fill is required around trees, the tree must
be protected by an air well six feet in diameter or as needed around
the trunk which will prevent the intrusion of soil. The top of the
well must extend six inches above the graded level. If the tree is
of a species that will eventually die due to root disturbance or change
in drainage or the owner prefers to remove the tree, it may be removed
and replaced with two other trees from the preferred list in another
or the same area after the fill has stabilized.
F.
Any grading plan must protect standing trees from
machine operation, soil storage or material storage by distance or
proper barrier. Any tree damaged must be replaced by two trees from
the preferred list.
G.
Any tree used in a required planting or to replace
a damaged tree must be at least 2 1/2 inches in diameter measured
4 1/2 feet from top of root level and should be selected from
the preferred list. Other planned plantings require no specifications
other than that good silvaculture should be considered and followed.
H.
Buffer zones.
(1)
A buffer zone of trees and shrubs at least 20 feet
wide shall encircle three sides of an industrial or commercial site.
The Planning Board shall require a larger buffer zone when noise,
size or height of buildings or architectural design of the development
requires an increase and may require a buffer of trees on all four
sides, except on sites of less than two acres in size.
(2)
Multiple dwelling areas shall be buffered as required
by the Planning Board to provide screening from sight and noise as
well as providing good aesthetic value.
I.
Trees in the area between the street line and the
setback line of the building shall be preserved.
J.
Tree removal from any slope is prohibited if it will
contribute, in the opinion of the Planning Board or the Town Engineer,
to extra runoff of surface water onto adjoining property and erosion
and silting, unless other means approved by the Town Engineer are
provided to prevent runoff and erosion.
K.
No tree removal is permitted that will expose vacant
land, billboards, utility substations, transmission towers, warehouses,
junkyards, landfill operations and other similar structures or operations,
except where trees are dead or diseased and/or endanger life or property.
L.
No healthy tree that is special by virtue of history
or unusual size or age or rare species shall be removed. The Dover
Shade Tree Commission shall determine what is historical or unusual
as those terms are used in this chapter.
M.
No trees on public rights-of-way, parks or public
areas shall be removed by private individuals or utilities, except
as approved by the Shade Tree Commission or its duly designated agent.
The following is a Preferred Tree List for the
Town of Dover as prepared by the Dover Shade Tree Commission:
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I.
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Shade trees and shrubs
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Crimson Cloud hawthorn (Crataegus)
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Norway maple (Acer platanoides)
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Sugar maple (Acer saccharum)
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Crimson King maple (Acer platanoides)
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October Glory red maple (Acer rubrum)
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Wiers cutleaf maple (Acer saccharinum laciniatum
wieri)
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Balkan ash (Fraxinus holotricha)
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Flowering ash (Fraxinus ornus)
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Marshall seedless green ash (Fraxinus lanceolata)
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Bradford callery pear (Pyrus calleryana)
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Canadian hemlock (Tsunga canadensis)
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Red cedar (Juniperus chinensis pfitzer, sabina)
(Juniperus japonica)
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Yew (Taxus media andersonis)
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Little-leaf linden (Tilia cordata)
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Japanese zelkova (Zelkova serrata)
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Ginkgo (Ginkgo biloba, male forms)
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Sweet gum (Liquidambar styraciflua)
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Thornless honey locust (Gleditsia triacanthos
inermis)
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American yellowood (Cladrasits lutea)
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II.
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Flowering trees and shrubs
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Flowering crabapple (Malus floribunda)
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Flowering dogwood (Cornus florida)
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Crape myrtle (Lagerstroemia indica)
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Saucer magnolia (Magnolia soulangaena)
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Weeping higan cherry (Prunus subhirtella)
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Japanese flowering cherry (Prunus serrulata),
variety Sekiyama (Kwanzan)
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Forsythia (Forsythia)
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Japanese quince (Chaenomeles japonica)
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Bridal wreath (Spiraea vanhouttei)
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American redbud (Cercis canadensis)
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Weigela (Weigela florida)
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Mountain laurel (Kalmia latifolia)
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Althaea (Hibiscus syriacus)
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