[Added 2-7-2005 by Ord. No. 3-2005;
amended 10-11-2005 by Ord. No.
26-2005; 12-12-2016 by Ord. No. 9-2016]
As used in this article, the following terms shall have the
meanings indicated:
The municipal agency, either Planning Board or Zoning Board
of Adjustment, to which the application for tree removal permit is
submitted.
Standard measure of tree size for trees to be newly planted.
The measurement is taken six inches above the ground for trees four
inches in diameter or less and 12 inches above the ground for trees
over four inches in diameter.
A tree which has been verified as dead or that has been determined
to be damaged beyond salvaging or is in an advanced state of decline
where an insufficient amount of live tissue, green leaves, limbs or
branches exist to sustain life. Said determination shall be made by
the Superintendent of the Department of Public Works.
Diameter of a tree measured 4 1/2 feet (forestry method)
above the ground level on the downhill side for existing trees. Diameter
at breast height may appear as the abbreviation "DBH" (diameter breast
height).
A limiting line established by a series of perpendicular
drop points marking the maximum radius of the crown of an existing
tree, but not less than six feet from the trunk, whichever is greater;
and within which no construction or disturbance shall occur.
A nursery-grown certified tree, properly balled, marked with
a durable label indicating genus, species and variety, and satisfying
the standards established for nursery stock and installation thereof
set forth by the American Association of Nurseryman.
The removal of undesirable, competitive, diseased or damaged
trees so as to cultivate and improve the development of remaining
trees on the lot.
Trees, shrubs, bushes and all other woody vegetation located
on land owned by the Township, the Board of Education or any other
municipal or governmental entity, or which is lying between the property
lines (within the right-of-way) on either side of all streets, avenues,
roadways or highways within the Township.
Any self-supporting woody plant which reaches a typical mature
height of 12 feet or more at maturity and has a typical DBH of four
inches or greater.
The top layer or crown of mature trees.
A tree that has leaves throughout the year, which is always
green. When planted, the tree shall have a minimum height of six feet.
A deciduous tree with a mature height of at least 25 feet.
When planted, the tree shall have a caliper of at least three inches
and an approximate height of 16 to 18 feet.
A.
With the exception of the exemptions hereinafter set forth, no tree
with a six-inch DBH shall be cut or otherwise removed from any lands
in the Township of East Hanover without a tree removal permit.
B.
All applications to the Planning Board or Zoning Board of Adjustment
for approval of a major subdivision, minor subdivision or site plan
requiring tree removal shall include detailed information regarding
the same. All applications for grading permits or zoning permits involving
construction requiring tree removal shall include a completed tree
removal questionnaire.
C.
Any residential, commercial, business or industrial lot owner wishing
to remove trees upon said lot must comply with the provisions of this
article. The application shall be submitted to the Township Engineer
for review and approval.
D.
No tree that was planted or preserved as part of any landscape plan or in accordance with any street tree requirements approved in conjunction with a subdivision or site plan shall be removed, except for such trees directed to be removed pursuant to § 95-83.11F, G and H. No other exemptions shall apply.
The following shall be exempt from this article:
A.
Trees less than six-inch diameter at breast height (DBH).
B.
Christmas tree farms.
C.
Commercial nurseries and fruit orchards.
D.
Any tree which is part of a cemetery; provided, however, that whenever
a single project area from which a majority of the trees within such
project area are to be removed shall total two acres or more, the
cemetery shall notify the Township of its intentions and the reasons
therefor.
E.
Trees directed to be removed by municipal, county, state or federal
authority pursuant to law.
F.
Removal of trees which are dead, dying or diseased, or trees which
have suffered damage, or any tree whose angle of growth makes it a
hazard to structures, roads or human life.
G.
Removal of trees which appear to cause structural damage to buildings
or foundations.
H.
Pruning or removal of trees within the right-of-way by utility companies
for maintenance of utility wires or pipelines and the pruning of trees
within sight easements.
I.
Those projects which have received major subdivision or site plan
approval prior to the effective date of this article and amended major
subdivision and site plans.
J.
Removal of any tree considered invasive or undesirable by Rutgers
University Cooperative Extension Service or other qualified entity.
K.
Removal of a tree located in a proposed building footprint, driveway,
deck, patio or pool area. No replacement shall be required when a
tree is located in any of the aforementioned areas.
A.
The Township shall have the right to plant, prune, maintain and remove
trees within the right-of-way of any street, alley, avenue, lane,
roadway or public grounds as may be necessary to ensure public safety
or to preserve or enhance the symmetry or beauty of such public grounds.
B.
The Township may remove or cause to be removed any tree or part thereof
which is in an unsafe condition or which, by reason of its nature,
can cause damage to sewers, electric power lines, gas lines, water
lines or other public improvements or is affected with any injurious
fungus, insect or other pest.
C.
It shall be unlawful for any person other than the Township or its
employees to remove any town tree for any reason.
D.
It shall be unlawful, as a normal practice, for any person, firm
or Township department, with the exception of a regulated public utility
company, to top any shade tree, park tree or other tree on public
property. Trees severely damaged by storms or other causes shall also
be excepted from this provision in cases where other pruning practices
are impractical.
E.
Every owner of a tree overhanging any street or right-of-way within
the Township shall prune the branches so that said branches shall
not obstruct the light from any streetlamp or obstruct the view of
any street intersection. Such trees shall be cleared to provide a
clear space of eight feet above the surface of the street or sidewalk.
The Township shall have the right to prune any tree on private property
when it interferes with the proper spread of light along the street
from a streetlight or interferes with visibility of any traffic control
device or sign or obstructs the view of any intersection.
F.
All stumps of street and park trees shall be removed below the surface
of the ground so that the top of the stump shall not project above
the surface of the ground.
Each application to the Planning Board or Zoning Board of Adjustment
for approval of a major or minor subdivision or a site plan that requires
the removal of trees shall include the following information:
A.
A list of all trees to be removed with a DBH equal to or greater
than six inches identified by size.
B.
Purpose for tree removal. (N.B. Only those trees necessary to permit
the construction of buildings, structures, streets, driveways, infrastructure
and other authorized improvements shall be removed. Existing vegetation
shall be preserved to the greatest extent feasible).
C.
In addition to complying with the requirements of §§ 95-36 and 95-37, the application shall include the following:
(1)
Location of existing tree canopy within the property boundaries.
(N.B. No more than 60% of the existing tree canopy within the property
boundaries shall be removed. The location of the remaining 40% of
the tree canopy to be preserved shall be noted on the landscape plan.
(2)
Location of individual trees with a DBH equal to or greater
than six inches identified by size within the area of development/limit
of disturbance.
(3)
Location of individual trees with a DBH equal to or greater
than six inches identified by size beyond the area of development/limit
of disturbance.
(4)
Location of individual existing trees and their driplines noted
for preservation within the area of development/limit of disturbance
identified by size. Where clusters of trees exist on the site or are
contiguous with adjacent sites, fragmentation of the cluster shall
be avoided where possible.
(5)
Location of all required replacement trees.
(6)
Clear labeling of the area(s) intended for tree/vegetation removal.
The replacement of trees shall occur as prescribed in the following
table for major and minor subdivisions and site plans.
|
DBH of Existing Tree Removed
|
Number of Replacement Trees
|
|---|---|
|
Between 6 and 12 inches
|
1 replacement tree for every 2 removed
|
|
Between 12.1 and 24 inches
|
2
|
|
Between 24.1 and 36 inches
|
3
|
|
Greater than 36 inches
|
5
|
A.
Replacement trees may include shade trees and evergreen trees. Replacement
shade trees shall be a minimum three-inch caliper at installation
and replacement evergreens shall be a minimum six feet tall at installation.
B.
Replacement tree(s) shall be of nursery-grade quality, balled and
burlapped and installed on site. If the applicant cannot locate all
the required replacement trees on their lot, than the applicant shall
be required to deposit a nonrefundable $200 per required replacement
tree into the East Hanover Tree Fund, which shall be used to plant
trees in the Township's parks, along the Township's streets and on
other Township-owned properties.
C.
The type of replacement tree(s) shall be as approved by the Township
or as recommended by the Rutgers University Cooperative Extension
Service or other qualified entity.
D.
Newly planted replacement trees shall be monitored for a period of
one year to ensure the health of the trees. If the replacement trees
die within the one-year period, the developer /applicant shall replace
the dead tree.
A.
This section applies to individual lot applications for detached
one- or two-unit buildings, which are not required to submit a site
plan application under the Municipal Land Use Law, specifically, N.J.S.A.
40:55D-37 (Article 6, Subdivision and Site Plan Review and Approval).
B.
The owner of any lot who intends to remove trees with a DBH of six inches or greater shall first secure a permit from the Township Engineer. The application for such permit shall contain the name and address of the property owner, the name and address of the applicant (if not the owner), the street location and block and lot number of the site, all of the information required in § 95-83.13 and a sketch showing the location of the tree(s) to be removed with a DBH of six inches or greater.
C.
Any person applying for a grading permit or a zoning permit shall provide with said application a completed tree removal questionnaire. Upon review of the questionnaire, the Township Engineer may determine that there is a need for a tree removal permit, in which case the applicant shall complete and submit such application prior to receiving either a grading or zoning permit. Such application shall contain the information required in § 95-83.15, Subsection B, above.
The replacement of trees shall occur as prescribed in the following
table for individual lot applications for detached one- or two-unit
buildings.
|
DBH of Existing Tree Removed
|
Number of Replacement Trees
|
|---|---|
|
Between 6 and 12 inches
|
1 replacement tree for every 2 removed
|
|
Between 12.1 and 24 inches
|
1
|
|
Between 24.1 and 36 inches
|
2
|
|
Greater than 36 inches
|
3
|
A.
Replacement trees may include shade trees and evergreen trees. Replacement
shade trees shall be a minimum three inch caliper at installation
and replacement evergreens shall be a minimum six feet tall at installation.
B.
Replacement tree(s) shall be of nursery-grade quality, balled and
burlapped and installed on site. If the applicant cannot locate all
the required replacement trees on their lot, then the applicant shall
be required to deposit $200 per required replacement tree into the
East Hanover Tree Fund, which shall be used to plant trees in the
Township's parks, along the Township's streets and on other Township-owned
properties. If the Township does not utilize such funds within one
year after posting, the funds will revert to the applicant.
C.
The type of replacement tree(s) shall be as approved by the Township
or as recommended by the Rutgers University Cooperative Extension
Service or other qualified entity.
D.
Newly planted replacement trees shall be monitored for a period of
one year to ensure the health of the trees. If the replacement trees
die within the one-year period, the applicant shall replace the dead
tree.
In accordance with the design requirements provided in this
article, unless otherwise indicated herein, a tree removal permit
may only be granted for the following reasons and under the following
terms and conditions:
A.
Where the area proposed for tree removal is to be occupied by: a
building or other structure; a street or roadway; a driveway; a parking
area; a patio; a swimming pool; a recreation area; a power, drainage,
sewerage or any other utility line, easement or right-of-way; or where
the area of tree removal is 20 feet or less from either side of or
around the perimeter of any of the foregoing, whichever is applicable.
B.
In areas proposed for tree removal which are not to be occupied by any of the uses or facilities set forth in Subsection A of this section:
(1)
Where the continued presence of such tree or trees is likely
to cause danger to persons or property upon the property for which
removal is sought, or upon adjoining or nearby property.
(2)
Where the location of such tree or trees has a cut, depression
or fill of land, or the topography of the land is of such a character
as to be injurious or dangerous to such tree or trees or to tree or
trees located nearby.
(3)
Where removal of trees is for the purpose of conducting forestry
activities, which activities include, but are not limited to, the
harvesting of trees in accordance with a forest management plan and
the thinning out of a heavily wooded area, with some trees to be removed
and other trees to be saved.
C.
In addition to the foregoing requirements stated above, the Township
Engineer may grant a tree removal permit based upon one or more of
the following circumstances:
(1)
Where the location of an existing tree provides no other alternative
but to place a structure outside the permitted building setbacks.
(2)
Where no other alternative exists for the placement of a building,
building addition, structure, septic field, driveway, deck, patio
or lawn area for the recreational use by the inhabitants of the building
or dwelling, or any other authorized improvements, but in the vicinity
of an existing tree.
(3)
Where the location or growth of a tree inhibits the enjoyment
of any outdoor pool, patio or deck.
(4)
Where the location, angle or growth of an existing tree makes
it a hazard to structures or human life.
Any applicant aggrieved by the decision of the Township Engineer
may appeal such decision to the Zoning Board of Adjustment.
Whenever an application for tree removal is granted under the
terms and conditions of this article, the following protective measures
shall be observed:
A.
No material or temporary soil deposits shall be placed within the
dripline of any existing tree to be preserved.
B.
Except while engaged in tree removal, no equipment shall be operated
within six feet of any tree protected by this article, nor shall such
equipment be operated at any time in such a manner as to break, tear,
bruise, decorticate or otherwise injure any living or dormant tree.
Except while engaged in tree removal, all requirements of this section
shall be observed.
Time limits for approval:
A.
Where the permit application is submitted as a part of an application
for major subdivision, minor subdivision or site plan approval, the
time for approval shall be governed by the timing requirements applicable
to major subdivision, minor subdivision or site plans.
B.
Where the application is made in connection with a residential, commercial,
business or industrial lot that is not part of a major or minor subdivision
or site plan, the Township Engineer shall act on the application within
15 business days of its receipt or within such additional time as
is consented to by the applicant. Failure to act within 15 business
days, or any extension thereof, shall be deemed to be an approval
of the application and, thereafter, a tree removal permit shall be
issued.
C.
Approval by default with regard to major subdivision, minor subdivision
and site plan applications shall not be deemed to be a waiver of a
tree removal permit.
Permits granted for the removal of trees under the terms and
conditions of this article shall run with the land and shall remain
in force and effect for the following periods of time, and not thereafter.
Once the permit has expired, a new application must be submitted for
review and a new permit issued.
A.
If granted for a lot or parcel of land for which no building permit
is required: one year from the date of issuance.
B.
If granted for a lot or parcel of land for which a building permit
is required, but for which no site plan approval is required by the
Planning Board: until expiration of the building permit granted with
such tree removal permit.
C.
If granted for a lot or parcel of land for which site plan or subdivision
approval from the Planning Board or Zoning Board of Adjustment is
required as a condition precedent to obtaining a building permit:
until expiration of the site plan or subdivision approval or expiration
of the building permit issued after such site plan or subdivision
approval.
A.
Prior to taking final action upon any application for tree removal,
an inspection of the site shall be made by the Township Engineer or
his designee and, if final determination is to be made by a Board,
the Township Engineer shall submit a report to that body for its consideration
as to the granting or denial of an application.
B.
Prior to any tree removal, all trees must be marked and areas to
be cleared identified for inspection by the Township Engineer or his
designee.
C.
The Township Engineer or his designee shall periodically inspect
the site throughout the duration of construction in order to ensure
compliance with this article. Such inspection shall be made of the
site referred to in the application and of contiguous and adjoining
lands, as well as of lands in the vicinity of the application, for
the purpose of determining drainage conditions and physical conditions
existing thereon.
A.
The holder of a tree removal permit shall notify the Township Engineer
in writing at least four business days in advance of when the tree
removal activity will commence.
B.
The notice shall also include information as to the manner of disposal
of the removed trees.
C.
In the case of the removal of dead or diseased trees, the dead or
diseased trees shall not be turned into mulch and applied to the site,
but shall be removed from the site and legally disposed of in a manner
so as to not disease other trees on site.
A review fee of $25 shall accompany the application for tree
removal; provided, however, that no additional fee shall be required
when the application for tree removal is submitted as part of a site
plan or subdivision application.
A.
When regulated trees are removed without a tree removal permit, the
affected areas shall be replanted to the satisfaction of the appropriate
municipal authority in accordance with applicable the replacement
schedule.
B.
In addition to the requirements of Subsection A of this section, violation of this article shall also be punishable by a fine of not less than $500 per tree illegally removed, 90 days in jail, or both, and a separate offense shall be deemed committed for each separate violation of the provisions of this article and for each day during or on which the said violation occurs or continues.
