The purpose of this chapter is to regulate and provide guidance
to prevent the indiscriminate and excessive removal, cutting and destruction
of trees in order to control, regulate and prevent conditions which
cause increased surface drainage, sedimentation and soil erosion,
cause decreased soil fertility and impair the stability and value
of real estate, all of which conditions are detrimental to public
safety, health and welfare. This chapter is designed to meet the needs
of the individual township resident and the general good of all township
residents.
As used in this chapter, the following terms shall have the
meanings indicated:
Shall mean land which is devoted to the production of plants
and animals for sale, including but not limited to: forages and sod
crops; grain and feed crops; truck crops; dairy animals and dairy
products; poultry and poultry products; livestock; bees and apiary
products; fur animals; trees and forest products; or when devoted
to and meeting the requirements and qualifications for payments or
other compensation pursuant to a soil conservation program under an
agreement with an agency of the federal government, except that land
which is devoted exclusively to the production for sale of tree and
forest products, other than Christmas trees, and is not appurtenant
woodland, shall not be deemed to be an agriculture use unless the
land owner fulfills the additional conditions set forth in N.J.S.A.
54:4-23.3.
Shall mean the individual single-family residence owner,
the developer of lands or their authorized agent.
Shall mean a tree removal/replacement plan or forestry management
plan which has been approved by the planning board, board of adjustment,
zoning officer or other township agency as provided for in this chapter.
The approving authority shall have the right to seek input and/or
recommendation from the Warren Township Environmental Commission.
Shall mean the legal or beneficial owner or owners of a lot
or of any land proposed to be included in a proposed development,
including the holder of an option or contract to purchase, or other
person having an enforceable proprietary interest in such land.
Shall mean a line connecting the tips of the outermost branches
of a tree projected vertically onto the ground.
Shall mean a plan of forest management prepared by a certified
or accredited forestry consultant which complies with the requirements
of N.J.S.A. 54:4-23.
Shall mean any tree representing or measuring in girth the
largest of its species in the state; or dedicated by the township
commemorating an individual or event.
Shall mean a database or list of trees identified as being
historic or specimen trees. Such list shall be maintained by the environmental
commission which shall request input from the public as well as township
committee, planning board, board of adjustment, historic sites committee
and other township departments in compiling the list. The inventory
shall be kept on file in the township clerk's office.
Shall mean trees recommended by the Bureau of Forest Management, the Warren Township Environmental Commission, the Warren Township Land Use Procedures Ordinance/Chapter 15 and/or the planning board and board of adjustment as best adapted to the climate, soil and topography of the Township of Warren. A list of such trees with maintenance requirements shall be available from the township clerk for the use and guidance of residents, developers or their representatives presenting plans for tree replacement and new plantings.
Shall mean a barrier constructed to protect the root system
or trunk of a tree from damage during construction from equipment,
soil or material deposits. Such a barrier may consist of a snow fence,
sawhorses, or other such similar structures approved by the township
engineer and at a minimum sufficient to protect the root system and/or
trunk of a tree from damage.
Shall mean tree(s) which by singular nature, condition, size,
location and/or appearance impart particular value to a property or
landscape, as determined by the environmental commission, planning
board, board of adjustment, historic sites commission or which is
a designated endangered species as noted in state and/or national
registers.
Shall mean generally any woody perennial plant having a diameter
greater than five inches (the Dogwood, Ironwood and American Horn
Beam trees having a diameter greater than 2 1/2 inches) all measured
at a point 4 1/2 feet above the ground.
Shall mean a tract of woodland five acres or more dedicated
by its owner to the farming and harvesting of forest crops and certified
by the American Tree Farm System through the New Jersey Tree Farm
Committee.
Shall mean a plan of tree removal and/or planting prepared
by an accredited or certified forestry consultant, a landscape architect
or similarly qualified person. On property of less than five acres,
this plan may be prepared by the property owner if the property is
not the subject matter of a development application.
Shall be in accordance with and as required in subsection 15-7.2x of The Revised General Ordinance of the Township of Warren.
Shall mean that where fill is required around trees, the
tree must be protected by an air well around the trunk, six feet in
diameter pursuant to formula provided by the New Jersey School of
Nurserymen which will prevent the intrusion of soil. The top of the
well must extend six inches above the graded level.
Under this section, the following trees may be removed without
a tree removal permit:
a.
Trees which constitute a sale item in a nursery, garden, Christmas
tree farm or orchard.
b.
Any tree which is part of a cemetery and is not deemed a historic
or specimen tree.
c.
Trees directed to be removed or pruned by municipal, county or state
authority pursuant to law.
d.
Trees cut as part of the operation of a tree farm, according to a
forestry management plan. Prior to the harvesting of any such trees,
the owner(s) of property subject to such a program shall file the
owner's management plan with the zoning officer and seek approval
of the plan from the zoning officer. (The zoning officer may, if he
deems it appropriate, refer such approval to the planning board).
e.
Trees removed in the development of ponds or lakes when supervised
by the Soil Conservation Service and/or the Federal or State Forestry
Service. Owners of property subject to such a program must file with
the planning board a letter setting forth the above, signed by the
appropriate supervising authority.
f.
Trees removed in conjunction with the clearing of land which is assessed
as farm and which is actively devoted or to be devoted to agricultural
or horticultural uses.
g.
The pruning or removal of trees within utility rights-of-way by government
organizations or utility companies or maintenance of utility wires
or pipelines.
h.
The removal or pruning of trees within sight easements.
a.
A tree removal/replacement plan shall be filed with every application before the planning board or board of adjustment for approval of a subdivision, resubdivision, site plan, planned development, conditional use, zoning variance or prior to any other development, use or other action requiring tree removal or requiring tree replacement, except as exempted by section 17-4 hereof.
b.
Where a lot or tract is proposed to be developed for use as a single-family
residence and the property is not included in an approved plan through
the operation of paragraph a above, the applicant or developer must
submit a tree removal/tree replacement plan for approval. A plan to
clear 50% of the lot area or one-half acre, whichever the lesser,
shall be submitted to the zoning officer. All others must be submitted
to the planning board. The zoning officer at his option can request
input in his review from the environmental commission.
c.
Unless exempt pursuant to section 17-4 any person desiring to cut or remove any tree(s), which work is not governed by paragraph a above, shall apply to the zoning officer for a permit to remove such tree(s). The applicant shall complete an application, submit a tree removal/replacement plan, if required, take photographs of the area to be disturbed with the trees to be removed visually identified in the field and on the photograph.
d.
Where a lot or tract is proposed to be developed for use as a single-family
residence and the property is included in an approved plan through
the operation of the above sections, the developer and all subsequent
lot owners must develop the lot in compliance with the approved plan.
Every plan submitted for approval shall be drawn in accordance with Chapter 15, subsection 15-7.2x excepting paragraph 15-7.2x3 and, except for plans submitted in conjunction with major subdivision and/or site plan application (the planning board and board of adjustment shall govern these submissions), shall show the following information at a minimum:
a.
Tax map, lot and block number designation, north arrow, street address;
b.
Area of tract;
c.
Approximate location of trees or wooded area (not required to be
located by survey);
d.
Approximate number of trees or percent of stocking (tree per acres);
e.
Species substantially involved;
f.
Soil erosion control measures;
g.
Location of streams, wetlands, conservation easements, 100-year flood
plans;
h.
Map of locations and surrounding properties showing approximate wooded
areas located thereon;
i.
Existing structures and drives;
j.
Existing grades and topography within 100 feet of lot;
k.
A list of trees to be replaced, selected from preferred species as required by the township ordinance [Chapter 15, subsection 15-7.2x2(d)];
l.
Tree removal plan and tree replacement plan as required by the township
ordinance in relation to principal and accessory buildings and septic
systems, roads and driveways, parking lots, garden areas, etc., (showing
also the relations to survey stakes);
m.
Location of buildings;
n.
Location of roads, driveways, parking lots, staging areas, recreation
areas and garden areas;
o.
Grading plan;
p.
Schedule of tree removal and replacement;
q.
Provision for removal of excess stumps and branches from the property
and disposal plan for same in accordance with the Somerset County
Solid Waste Management Plan.
r.
Provide the name, address and telephone number of the applicant who
shall be the owner or duly authorized agent of the owner, where applicable.
s.
Provide the name, address and telephone number of the contractor
that will perform the work.
Every forestry management plan submitted for approval shall
include the following at a minimum:
a.
Tax map, lot and block number;
b.
Area of tract;
c.
Approximate location of trees on wooded lot;
d.
Species substantially involved;
e.
Map showing number of trees to be harvested, locations of proposed
loading dock, staging areas, area to be harvested and streams with
crossings;
f.
Schedule for tree removal and replacement.
Reviews by the planning board, board of adjustment, environmental
commission and zoning officer, as appropriate hereunder, shall be
guided by the following standards and requirements at a minimum:
a.
Trees within the footprint of a proposed building site or within 30 feet around the footprint of a building site may be removed but not to exceed 50% of the required yard depth as specified in section 16-8 of The Revised General Ordinances of the Township of Warren.
b.
Trees may be removed where the proposed paved portion of a parking
area and 10 feet beyond is planned. In off-street parking areas, other
than for a single residential dwelling, islands of trees must be left
in the manner provided for by the land use procedures and development
and/or zoning ordinances. No paving of any impervious nature shall
be placed around the base of the trunk of the tree within 10 feet,
and the grade shall be such that drainage of rainwater will keep the
root area watered without pooling or exceeding the requirements of
the species as recommended by the New Jersey Shade Tree Commission.
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 in private rights-of-way and driveways within
10 feet of each side of the planned paved area. Alignment of the driveways
should be planned to save as many trees as reasonably possible.
d.
If no area other than a wooded area or area with trees can be found
to accommodate the sewerage system and disposal field meeting the
approval of the sanitary inspector, necessary tree removal shall be
permitted.
e.
Where more than three inches of fill is required around trees, the
trees must be protected by an air well six feet in diameter as needed
around the trunk to prevent the intrusion of soil. This pipe must
radiate like spokes from the well to provide oxygen to the roots.
The top of the well must extend six inches above the graded level.
If the tree is of a species that is known to be sensitive to root
disturbance or change in drainage or the owner prefers to remove the
tree, it may be removed and must be replaced with another tree from
the preferred tree list in another or the same area after the fill
has stabilized.
f.
Any grading must protect standing trees from machine operation, soil
storage or material storage by a distance equal to or greater than
the drip line of the tree. Any tree damaged must be replaced.
g.
Any trees to be replaced will comply with the provision of subsection 15-7.2x of The Revised General Ordinances of the Township of Warren.
h.
Residential, commercial and industrial development shall consider the use of open areas, if possible, for building sites. If it is necessary to develop wooded areas or remove trees for proposed building sites in the case of such developments, the planning board, board of adjustment and/or the zoning officer may require tree planting in open areas, if feasible as per subsection 15-7.2x of The Revised General Ordinances of the Township of Warren.
i.
Trees in the area between the street line and the setback line of
buildings shall be preserved to the greatest extent possible.
j.
Tree removal from any slope of 15% or greater, wetland, watercourse
protection and 100-year flood plan area is prohibited if it will contribute,
in the opinion of the township engineer, to extra run-off of surface
water onto adjoining property and erosion and silting, unless other
means approved by the Somerset County Conservation District are provided
to prevent run-off and erosion.
k.
No tree removal is permitted that will expose 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, unusual size
or age or is a rare species should be removed except as may be required
for the protection of health, safety or public welfare, or if its
location prevents the reasonable development of property.
m.
No trees on public rights-of-way, parks or public areas are to be
removed by private individuals or utilities except as approved by
the zoning officer.
n.
Unless proven necessary, staging areas shall not be closer than 150
feet to the centerline of any public road. "Necessary" means that
no other area is available due to topography, soil conditions or unfavorable
effect on a woodlot as certified by a consulting forester. Loading
of trucks is permitted at the roadside and a loading area must be
constructed off the roadway where possible. After any cutting operation
is complete, any road modifications and changes in the right-of-way
must be restored.
o.
The planning board, board of adjustment and zoning officer, as appropriate,
shall have the right to modify the above criteria for good cause shown.
p.
In addition to the requirements of this chapter, all other conditions
imposed by the planning board or board of adjustment approval with
respect to land clearing operations, tree removal and tree replacement
shall be met.
The environmental commission shall review and make recommendations to the planning board, board of adjustment or zoning officer, as appropriate, concerning the tree removal/replacement plan submitted as part of all subdivision or site plan applications or as to any single family construction, individual sewerage disposal system installation or the removal of trees within a rear or sideline setback or in any other case where section 17-5 is applicable if the approving official or entity feels such input is required as to a specific application.
a.
Permits are required in connection with obtaining an approved plan.
Permits shall be issued by the planning board, board of adjustment
or zoning officer, as appropriate.
a.
The zoning officer shall be the enforcing officer for all plans approved
by the planning board, board of adjustment and the zoning officer.
b.
No building subcode permit shall be issued for the construction of
any building unless and until the owner or developer files with the
zoning officer a tree removal/replacement plan and obtains the required
approval thereof or submits a plan previously approved by the planning
board or board of adjustment or as otherwise allowed herein.
c.
No certificate of occupancy shall be issued unless all trees required
to be replaced have been planted in accordance with the approved tree
removal/tree replacement plan or a bond guaranteeing planting has
been posted with the township clerk. The bond, as determined by the
zoning officer, shall be in the minimum principal sum of $100 per
tree required to be replaced.
Any person aggrieved by the decision of any officer, board or
body, relative to the provision hereof, may, pursuant to the provision
of this section, within 30 days of receipt of such decision, appeal
to the township committee. Such appeal shall be taken by filing a
written notice of appeal with the township clerk, which notice of
appeal shall set forth with particularity the actions appealed from.
The township committee shall set a time for the hearing of said appeal
and, after a hearing has been held thereon, may reverse, modify or
affirm the decision appealed from.
Any person violating any of the provisions of this chapter shall
be subject to a fine not to exceed $1,250 or imprisonment for a term
not to exceed 90 days, or both, upon conviction, in the discretion
of the judicial officer before whom such matter is heard. If the violation
is of a continuing nature, each incident or day in which it continues
shall constitute an additional, separate and distinct offense.
Should any section, paragraph, sentence, clause or phrase of
this section be declared unconstitutional or invalid for any reason,
the remaining portions of this section shall not be affected thereby
and shall remain in full force and effect and to this end the provisions
of this section are hereby declared to be severable.
