[Added 12-2-1998 by Ord. No. 25-98]
A.Â
Purpose. The Township Committee of Morris Township
has found that tree conservation will help secure safety from flood,
promote a desirable visual environment, promote conservation of valuable
natural resources and prevent degradation of the environment. Therefore,
the Township desires in this article to regulate and control indiscriminate
and excessive cutting of trees in conjunction with an application
for site plan approval or major or minor subdivision approval within
the Township, or otherwise, unless exempted, to protect older specimen
trees and to encourage careful site design and grading to promote
the preservation of existing trees.
B.Â
ADMINISTRATIVE OFFICER
BOARD
CLEAR-CUTTING
DIAMETER AT POINT OF MEASUREMENT
DRIPLINE
HOMESTEAD LOT
SILVICULTURE
SPECIMEN TREE
TREE
Definitions. The following words and expressions as
used in this article shall have the following meanings, unless the
context clearly indicates a different meaning:
The Township Engineer or his or her designee.
The municipal agency, either Planning Board or Board of Adjustment.
The removal of all standing trees on a lot or portion of
a lot.
The diameter of a tree measured 4Â 1/2 feet above the
ground level for existing trees to be surveyed in the field. On sloped
terrain, such measurement shall be made on the downhill side. Diameter
at point of measurement may appear in this section as the abbreviation
"DPM."
An imaginary ground line around a tree that defines the limits
of the tree canopy.
A preexisting lot located within a zone permitting single-family
detached dwellings or two-family detached dwellings upon which is
constructed a lawfully occupied single-family detached dwelling or
two-family detached dwelling and which property, as a result of zoning
restrictions, could not be further subdivided into two or more lots.
The management of any wooded tract of land to ensure its
continued survival and welfare, whether for commercial or noncommercial
purposes, pursuant to a plan approved by the New Jersey Forestry Association.[1]
Any tree which has a DPM of 24 inches or greater.
Any tree species which has a DPM of eight inches or greater.
C.Â
Cutting or removal prohibited. No person shall cut
down or remove any tree or specimen tree, and no landowner shall suffer
or allow the cutting down or removal of any tree or specimen tree
on his or her property, without first having complied with this article.
D.Â
Exceptions. The following shall be exempt from the
provisions of this article:
(1)Â
Commercial nurseries and fruit tree orchards.
(2)Â
Christmas tree plantations and commercial farms, except as otherwise provided in § 95-34.3.
[Amended 12-14-2011 by Ord. No. 37-11]
(3)Â
Removal of trees which are dead, dying or diseased,
or trees or specimen trees which have suffered severe damage or any
tree or specimen tree whose angle of growth or location makes it a
hazard to structures or human life.
(4)Â
Pruning or removal of any tree or specimen tree growing
on or over a public right-of-way or public property by an appropriate
authority or authorized utility company for maintenance of utility
wires or pipelines.
(5)Â
Homestead lots.
(6)Â
Projects which, prior to the effective date of this
article, have received preliminary or final major subdivision, minor
subdivision or site plan approval. Amendments to said approvals subsequent
to the effective date of this article shall be subject to the provisions
of this article.
(7)Â
Silviculture.
(8)Â
Trees to be removed as part of normal, routine golf
course maintenance to maintain limits of previously cleared fairways
and other open areas on the course and prevent natural gradual encroachment
into such areas, to maintain the playability of the course as to its
turf and course architecture, provided that at least 48 hours' advanced
written notice is given to the Township Engineer.
[Added 5-19-1999 by Ord. No. 13-99]
E.Â
Permit required. Prior to the cutting down or removal
of any tree or specimen tree which is subject to this article, a permit
shall be obtained from the administrative officer. The application
for a permit shall include a complete application form as prescribed
by the administrative officer and shall comply with the following
standards and requirements:
(1)Â
Name, address and phone number of the property owner.
(2)Â
Name, address and phone number of the applicant if
different from the owner.
(3)Â
Consent, in writing, of the owner if the applicant
is different than the owner.
(4)Â
Street address and tax lot and block numbers of the
premises.
(5)Â
A mapped inventory of all trees and specimen trees
by size and species located by a professional land surveyor within
the area subject to tree removal and cutting and within a transition
area 10 feet from the perimeter thereof.
(7)Â
A site plan showing the size, location and species
of all trees and specimen trees within the disturbed area and a transition
area 10 feet from the perimeter thereof shall be submitted to the
Board. All tree locations shall be established by a professional land
surveyor. In lieu of the foregoing, the Board may permit a more general
identification of trees on a heavily wooded lot. Any significant tree
canopy shall be shown and shall be delineated at the dripline.
(8)Â
The location of all streams, watercourses and freshwater
wetlands shall be shown. No trees or specimen trees within 25 feet
from the high-water mark of a stream or watercourse shall be removed.
(9)Â
The location and degree of all slopes of greater than
10% where any tree removal is proposed shall be shown.
(10)Â
Removal of any specimen tree shall require specific
approval by the Board. All efforts shall be made by the applicant
to preserve specimen trees, including, if necessary, plan changes
to relocate utilities, driveways, roadways, buildings and other site
improvements.
(11)Â
Replacement trees.
(a)Â
In the event that the development of a property
requires the removal of trees or specimen trees, the Board shall have
the authority to require the replacement of trees in accordance with
the following schedule:
|
Replacement of Trees
| ||
|---|---|---|
|
Number of Trees To Be Removed
|
Percentage of Trees Removed to be Replaced
With Replacement Trees
| |
|
100 or more
|
70%
| |
|
75 to 99
|
50%
| |
|
Less than 75
|
30%
| |
|
Replacement of Specimen Trees
| ||
|
Existing Specimen Tree To Be Removed
|
Number of Replacement Trees
| |
|
24 inches to 30 inches
|
5
| |
|
31 inches to 36 inches
|
6
| |
|
37 inches to 40 inches
|
9
| |
|
41 inches or greater
|
10
| |
(b)Â
All replacement trees shall be of nursery-grade
quality, balled and burlapped and not less than 2Â 1/2 inches
to three inches DPM. Replacement trees shall be consistent with the
type and species removed from the site and shall be planted in accordance
with accepted nursery practice.
(12)Â
Prior to any site clearance, grading or disturbance
for premises subject to the provisions of this section, the applicant
shall delineate with snow fence, installed beyond the dripline of
trees which are to be protected, all areas which are to remain undisturbed
and shall individually flag or make and protect with snow fencing
to the satisfaction of the Township Engineer all trees or specimen
trees which are to remain within the area of disturbance as approved
by the Board. The clear-cutting of trees is disfavored by this article
and shall only be permitted if there is no practical alternative and
only if such cutting is specifically approved by the Board.
(13)Â
The applicant shall provide evidence to the
Board that the method of disposal of removed trees, stumps, toppings
and slash is consistent with all applicable laws and Township ordinances.
(14)Â
The applicant shall demonstrate compliance in
all tree removal activities with the other applicable provisions of
this chapter.
(15)Â
During major or minor subdivision review, the
Planning Board shall be authorized to require a tree removal plan
for each individual lot which will result from the proposed subdivision.
Any tree removal restrictions shall remain in effect until the parcel
shall become a homestead lot.
F.Â
Review time. The administrative officer shall review
and approve, conditionally approve or reject the permit application
within 30 days of the date a complete application is submitted and
all necessary Board approvals have been granted.
