[HISTORY: Adopted by the Township Committee of the Township
of Ocean by Ord. No. 1972-16, as
amended through Ord. No. 1989-3 (§§ 14A-1
to 14A-9 of the 1972 Ocean Codified Ordinances). Subsequent amendments
noted where applicable.]
The purpose of this chapter is to conserve the natural resources
and to regulate and control the indiscriminate and excessive cutting
of trees and shrubs within the Township.
As used in this chapter, the following words shall have the
following meanings:
A parcel of land upon which a dwelling house has been or may be erected in accordance with Chapter 410, Zoning, or may be erected with a variance.
That wood which has ceased to grow and has died of natural
causes.
The removal, cutting, collecting of any wood other than that
defined as dead wood.
The principal owner occupied residence having a maximum of
three acres upon which the property owner resides and is cutting and
harvesting trees on the property solely for his/her own heating requirements.
A plan for the management of timbered or forested lands developed
by the New Jersey Department of Environmental Protection, or similar
state or federal agency, Township Conservation Commission or Township
officials.
Only land within the municipality used for horticultural
purposes under controlled agricultural conditions.
A license issued by the Conservation Commissioner of the
Township to remove or destroy trees or shrubs as defined in this chapter.
Any street or road shown upon a map or plan filed in the
Ocean County Clerk's office or on the Official Map of the Township.
Land used by the municipality or private persons for the
disposal of rubbish or garbage as defined in the Sanitary Landfill
Chapter.[1]
Native laurel (Kalmia latifolia) having a root crown of three
inches or greater measured at the soil or surface level.
Any living deciduous tree having a trunk of a diameter greater
than five inches, three feet from ground level (deciduous trees regulated
under this chapter are all types of maple, oak, birch, gum and willow);
any living coniferous tree having a trunk of a diameter greater than
five inches, three feet from ground level, or any living dogwood (Cornus
florida), or American Holly tree having a diameter of two inches or
greater, three feet from ground level.
[1]
Editor's Note: So in original.
No person, association, group or corporation is to remove or
destroy, or cause to be removed or destroyed any tree or shrub growing
in the Township without having first obtained a permit as provided
in this chapter. Consideration shall be given when size and species
indicates historic and landmark value. Coniferous trees may be removed
in areas where deciduous trees predominate, only to the extent necessary
to provide existing shade trees room for growth.
Upon application for a building permit for any construction
which would cause the removal or destruction in whole or part of any
tree or shrub as defined in this chapter, the application shall be
accompanied by a plot plan which shall indicate the location of all
trees and shrubs on the lot or lots for which such permit is sought.
The plot plan shall designate which trees, if any, are to be removed
or destroyed. Copies of such plot plan shall be filed by the applicant
with the Building Inspector, the Construction Commissioner, engineer
and Environmental Commission, if such commission is in existence at
the time of application. The Building Inspector, Township Engineer
and Environmental Commission shall review same and notify the Conservation
Commissioner of their recommendations. Such recommendations shall
not be binding upon the Conservation Commissioner. The recommendations
shall be forwarded to the Conservation Commissioner within 15 days
of the receipt of the application by the Building Inspector, Township
Engineer and the Environmental Commission, failing in which the Township
Conservation Commissioner may grant or deny a permit without further
delay. Upon such approval, the Building Inspector shall issue a building
permit as required by law.
A.
Applications for a permit for the removal or destruction of trees
or shrubs as defined in this chapter, where a building permit is not
immediately involved, shall be made directly to the Conservation Commissioner
and shall contain the name of the applicant, location of the property
and plot plan as aforesaid, and in addition thereto the purposes for
which the application is being made. The following shall be considered
legitimate purposes for the removal of a tree or shrub as defined:
(1)
Harvesting timber, fire protection, industrial use, private parks,
scenic improvement, hardship or danger to adjacent properties, removal
of diseased or damaged trees, transplanting or removal in a growing
condition to other locations, installation of utilities or drainage
of surface water.
B.
The foregoing to be carried out in accordance with an approved forest
management plan, taking into consideration that certain trees will
be left for scenic beauty.
C.
A of the plot plan shall be filed with the Environmental Commission
if the Commission is in existence at the time of the filing of the
application, which shall act upon the application within 15 days of
the date of receipt, and if the Commission has not acted upon the
application within this period, the Conservation Commissioner may
grant or deny a permit without further delay.
A.
Prior to the issuance of a permit by the Conservation Commissioner,
the lands covered by each application shall be viewed by the Conservation
Commissioner or his/her; representative who shall inspect the land
as to the trees and shrubs which are the subject of the application,
as well as drainage and other physical conditions existing on the
property and adjacent property, and the Conservation Commissioner
or his/her representative shall issue the permit upon a finding:
(1)
That the destruction or removal to be permitted would not impair
the growth and development of the remaining trees and shrubs on the
property of the applicant or adjacent properties;
(2)
Would not cause soil erosion;
(3)
Would not impair existing drainage patterns;
(4)
Would not lessen property values in the neighborhood;
(5)
Would not substantially impair the aesthetic values of the area.
B.
The Conservation Commissioner shall have the authority to affix reasonable
conditions to the granting of a permit in conformity with the purposes
set forth in this chapter.
There is established the office of Conservation Commissioner,
whose duties shall be as indicated in this chapter. The term of office
of Conservation Commissioner shall be for a period of one year but,
in no event shall his/her term extend more than 14 days beyond December
31 of any calendar year.
No soil material, permanent or temporary, shall be placed within
three feet of any trees or shrubs. Where grading may be required,
trees shall be walled in an extension tile to the outer crown of the
tree.
The following lands or activities shall be exempt from the provisions
of this chapter: nurseries, garden centers, orchards and tree farms,
gardening, sanitary land fill operations licensed by the Township
and State of New Jersey, surface mining operations, public rights-of-way,
engineers and surveyors engaged in professional activities, and building
lots of less than 1/2 acre where an existing home has been fully constructed.
Upon the filing of an application to the Conservation Commissioner,
the applicant shall pay $10 to the Township for an application fee,
unless the property to be harvested qualifies as a homestead, in which
case the application must be submitted but the application fee and
all other fees herein will be waived. In addition, if the Conservation
Commissioner shall issue a permit for the destruction and/or removal
of trees pursuant to the terms of this chapter, an additional permit
fee of $10 shall be required. Thereafter, the following fee schedule
shall be in effect:
A.
Twenty-five dollars per acre of area harvested. For the purposes
of computing such fee, fractions of one acre shall constitute one
acre, if the total acreage exceeds one acre. If the total acreage
is less than one acre, no additional fee, other than the $10 application
fee and $10 permit fee, shall be required.
B.
In the alternative of the permit fee and a fee to be imposed in accordance
with the acreage to be harvested, the applicant can submit a management
plan prepared by the New Jersey Department of Environmental Protection,
Division of Forestry, or a similar state or federal agency, or a management
plan prepared by a person holding a Bachelor of Science Degree in
Forestry from a recognized institution of higher education, in which
event the permit fee of $10 and the acreage fee, $25 per acre, or
for part of an acre, will be waived by the Conservation Commissioner.
C.
In addition, no permit fee or harvesting fee, other than the $10
application fee, need be paid for harvesting dead wood if and upon
the condition that written permission from the owner of the subject
premises be given to the Conservation Commissioner and a copy of such
written permission be in the possession of the wood harvester at all
times that such person is harvesting the dead wood from the subject
premises.
Whenever any application for a permit shall be denied by the
Conservation Commissioner, the applicant may appeal the denial to
the Township Committee by filing a written notice of appeal with the
Township Clerk within 10 days after receiving a written notice of
denial of the application. The Township Committee shall hold a public
meeting on the matter in accordance with rules or procedures to be
established by the Township Committee and may modify or affirm or
reverse the decision of the Conservation Commissioner.
A.
All permits to be issued by the Conservation Commissioner pursuant to this chapter, upon condition that the application is in proper form and in accordance with the standards referred to in §§ 373-3 through 373-6, shall be in the form of an original and three copies of the permit, the original of which shall be given to the property owner; one copy to be given to the building department of the Township, and one copy to be kept in the files of the Conservation Commissioner.
B.
All applications for permits shall be made by the property owner,
or his/her legal representative. The application shall be valid for
one year from the date of issuance.
C.
Any person cutting or harvesting wood pursuant to this chapter, shall
have on his/her person a copy of the permit issued by the Conservation
Commissioner.
D.
Any and all permits issued by the Conservation Commissioner shall
expire, on their own terms, and pursuant to this chapter, 90 days
after the issuance thereof. All existing permits outstanding as of
the date of the enactment of this chapter shall expire 90 days after
publication of this chapter as required by law.
A.
Whenever a violation of the provisions of the chapter occurs, or
is alleged to have occurred, any person may file a written complaint,
including the Conservation Commissioners, with the Police Department.
Such complaint stating fully in the causes and basis thereof shall
be filed with the Police Department, with a copy to be filed with
the Conservation Commissioner and served on the alleged violator by
the Ocean Township Police Department. The Police Department shall
properly record this complaint, and ascertain whether a valid permit
is in effect. In the case of a violation of this chapter, the Police
Department shall immediately take action upon the complaint. Such
action shall include, the investigation, the issuance of a summons
and the prosecution thereof.
B.
Any person or persons who shall violate any of the provisions of
this chapter shall upon conviction thereof be subject to a fine not
less than $100 and not more than $1,000, or imprisonment in the county
jail for a term not exceeding 90 days; or be required to perform community
service for a period not exceeding 90 days.
