[HISTORY: Adopted by the Township Committee of the Township of Hamilton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-5-1979 by Ord.
No. 730-79]
This article was developed by the Planning Board and Township Committee
of Hamilton Township in recognition that uncontrolled cutting and removal
of trees can result in adverse impacts with regard to fire protection, soil
erosion, storm drainage, vegetation, wildlife and fragile natural resources.
These impacts affect the general welfare, health and safety of the township
residents. The regulations which follow are designed to limit adverse impacts
and are consistent with the environmental and conservation objectives of Hamilton
Township.
This article will be known and may be cited as the "Hamilton Township
Tree Cutting Ordinance."
A.
APPLICANT
BUILDING
PLAT
SITE
TREE
Definitions. As used in this article, the following terms
shall have the meanings indicated:
A person submitting an application for cutting trees within the Township
of Hamilton.
A combination of materials to form a construction adapted to permanent
or continuous occupancy and having a roof.
A map showing the boundaries of the property for which the application
is submitted, containing the information called for in this article, and submitted
to the Zoning Officer for approval.
The parcel of land for which the applicant has submitted an application
for permission to cut trees.
A woody perennial, either deciduous or coniferous, having a diameter
greater than four inches measured 4 1/2 feet above ground level, except
that in the case of Atlantic White Cedar (Chamaecyparis thyoides), a tree
shall be considered any of the individuals within a stand.
B.
Word usage. Words and phrases within this article shall be presumed to have their ordinary meanings unless specifically defined or interpreted differently in Subsection A or in Chapter 203, Land Use and Development. Disputes concerning wording or interpretation shall be resolved by the Township Committee. For purposes of this article, words used in the present shall include the future; the word "person" includes individual, corporation and partnerships; the word "site" includes plot, lot and parcel; and the word "building" includes structure and residence.
The following tree cuttings shall be exempt from the provisions of this
article:
A.
Any tree located on a parcel of land five acres or less
in size on which a single-family residence has been constructed and is being
occupied.
B.
Any tree growing on property actively operated as a nursery,
garden center or Christmas tree farm.
C.
Any tree growing on property actively operated as a farm
which is removed for agricultural purposes and not sold for profit.
D.
Any tree growing on property actively operated as a sanitary
landfill or for surface mining if removed for necessary operations.
E.
Any tree growing on a public right-of-way as shown on
an approved final subdivision plat.
F.
Any tree to be cut for personal use as firewood by the
owner of the site.
G.
Any dead or diseased tree likely to endanger the public
or adjoining property owner.
Any person wishing to cut and remove trees within the Township of Hamilton, except as provided in § 282-5, shall file with the Township of Hamilton Forester a completed application form along with a plat containing information and exhibits required in § 282-7 and the required application fee. (See § 282-13.)
The plat shall include the following information and shall be accompanied
by the following exhibits:
A.
Plat information.
(1)
Boundaries of the parcel to be cut as established by
Township Tax Maps or recorded deeds.
(2)
Lot and block numbers of the parcel(s).
(3)
Description of existing timber and species.
(4)
Estimated size, number and location of trees to be cut.
(5)
Estimate of the percentage of trees on the parcel to
be cut.
(7)
Location of trails to be used, whenever practicable.
(8)
List of adjoining property owners within 200 feet of
the parcel. Adjoining owners shall be notified by ordinary mail by the Township
Forester as a courtesy.
(9)
Signature of the person preparing the plat.
B.
Exhibits.
(1)
A plan prepared and signed by a New Jersey State Forester
or graduate forester or other individual with demonstrated expertise in the
field which outlines the conservation measures, standards and methods to be
followed, fire protection plans and restoration plan and techniques utilized
to minimize adverse impacts. The Township Committee may, upon recommendation
from the Forester, the Environmental Commission and such other experts with
whom the Township Committee may consult, adopt from time to time specific
regulations setting forth requirements for the submission of said plans.
(2)
A certificate of ownership signed by the owner of record
of the parcel(s).
C.
Field exhibits. The applicant must field mark all areas
to be cut by methods acceptable to the State of New Jersey, Bureau of Forestry.
The following restrictions shall apply to the cutting of trees within
the boundaries of Hamilton Township:
A.
No cutting of trees of any size shall take place within
50 feet of any state, county or municipal improved roadway or street, except
that a property owner may be permitted to thin out trees within said fifty-foot
border and cut crippled or deceased trees within said border upon approval
by the Township Forester. This restriction shall not apply to any construction.
B.
No cutting of trees of any size shall take place within
25 feet of any permanent or intermittent stream.
C.
A culvert, approved by the Township Forester, shall be
required for haul road stream crossings. Such culvert shall be installed before
cutting and removed after the job is complete.
D.
Trees of less than the minimum diameter proscribed in
this article shall not be cut for any purpose except as required for site
clearing for new construction; clearing of public rights-of-way; cutting of
cedar in accordance with a plan approved by the Township Forester, which may
include trees of less than the minimum diameter; or thinning, subject to the
approval of the Township Forester.
The Township Forester shall receive all applications for tree cutting
and shall review said applications to ensure conformity with the requirements
of this article. The Township Forester shall review all applications with
the advice of the Environmental Commission or other experts and shall consider
soil erosion, drainage, vegetation, fire protection and techniques to minimize
adverse impacts. If the application is incomplete, it will be returned within
10 days of the date that the application was received. For parcels of 50 acres
or less, the Township Forester shall deny the application or issue the cutting
permit within 10 days of the date that the completed application was received.
In all other cases, application forwarded to the Forester will be approved
or denied within 20 days of the receipt of the completed application.
A permit granted shall be deemed valid for a period of two years from
the date of approval, renewable by the Township Forester for one year without
additional fee, except that if any cutting operation varies from the plan
submitted with the application, the Township Forester may cause the operation
to cease by notifying the applicant, in writing, at the address given on the
application, outlining the reasons for such action and the corrective measures
necessary. If such measures are not taken within 10 days of the date the notice
was mailed, the operation shall cease.
Any applicant shall have the right within 10 days from the date a decision
is rendered on the application by the Township Forester to appeal said decision
to the Township Committee. The Committee may solicit the advice of other experts.
The decision of the Forester shall be reviewed and confirmed or reversed within
30 days of receipt of the appeal.
Any person violating any of the provisions of this article shall be
subject to a fine not exceeding $500 and/or imprisonment not to exceed 30
days, or both.
An application for tree cutting within Hamilton Township shall be accompanied
by a fee payable to the township according to the following schedule:
