Editor's Note: Former Ch. 23, Shade Trees, was amended in its
entirety by Ord. No. 479-21. Prior history includes Ord. No. 29-89;
1967 Code §§ 77AA-1 through 77AA-12; Ord. No. 29-95; Ord.
No. 295-12; and Ord. No. 464-20.
[Added 10-27-2021 by Ord.
No. 479-21]
a.
The purpose of this chapter is:
1.
To preserve and protect trees within the Township of Long Hill, which
helps to preserve water quality, abate noise, and enhance the ambience
and character of the community.
2.
To control the indiscriminate destruction of trees which has been
shown to have severe detrimental environmental, ecological and economic
effects, including increased soil erosion and surface drainage problems,
creation of insect breeding sites, decreased oxygen production, decreased
property values and increased Township costs and thereby to eliminate
a threat to the public health, welfare and safety.
3.
To protect the semirural character and natural resources of the Township,
consistent with the goals and objectives of the Master Plan. This
chapter is not intended to restrict homeowners from removing dead,
diseased, or hazardous trees. It is not intended to restrict homeowners
from conducting routine pruning of trees or other maintenance procedures.
b.
This chapter places special emphasis on the preservation of trees
around the perimeter of a property to create conservation areas based
upon setback requirement pursuant to the Township of Long Hill Zoning
Code. The chapter will also provide a sound management structure for
the removal of trees in the Township.
[Added 10-27-2021 by Ord.
No. 479-21]
As used in this chapter, the following terms shall have the
meanings indicated:
The diameter of a tree measured four feet six inches above
the uphill/highest side above grade.
The Code Enforcement Officer.
A tree that meets the following two criteria: 1) The tree,
or a tree part, must be at an increased likelihood of failure, usually
due to the presence of some structural defect, e.g., the presence
of a significant amount of decay in a portion of the tree, and 2)
there must be one or more targets present. A target may be any person
or property that could potentially be damaged or injured should a
failure occur. If there are no targets present, there is no risk and
the tree will not be considered a hazard, even if it is structurally
unsound and likely to fail at any time.
A tree exhibiting good structural integrity, free of serious
diseases, and maintaining the normal appearance and displaying the
normal vigor and growth characteristics of the species as determined
by the Township Public Works Manager.
Any tree designated and identified by the Township Shade
Tree Commission meeting the criteria for designation.
Any tree other than a Township tree.
One or more trees or hedges which provide a visual barrier
between properties.
Trees located on Township property or within Township right-of-way.
Any self-supporting, single stem, perennial woody plant which
reaches a typical height of 12 feet or more at maturity and has a
typical mature DBH of 12 inches or greater.
The document that must be filed with the Township Clerk on
the official Township form before a property owner or tenant removes
a tree with a DBH of 12 inches or greater.
A tree that is in poor condition or represents a hazard with
respect to its general health, status as a public nuisance, danger
of falling, proximity to existing or proposed structures, interference
with utility services, and/or its status as a host for plant pest
or disease, endangering the tree itself, or other trees or plants,
with infection or infestation, that cannot be controlled or remedied
through reasonable preservation and/or preventative procedures and
practices.
[Added 10-27-2021 by Ord.
No. 479-21]
Enforcement Officer. The Code Enforcement officer is hereby
authorized to enforce the regulations set forth within the Township
Code.
[Added 10-27-2021 by Ord.
No. 479-21]
a.
It shall be unlawful to commit any of the following acts with respect
to Township trees within parks and public property or within Township
rights-of-way without the prior written permission of the Public Works
Manager.
1.
Cut, prune, break, injure, alter or remove any tree; or cut, unduly
disturb or interfere in any way with any root of a tree or trees.
2.
Spray any tree with a chemical.
3.
Fasten any rope, wire, sign, or other device to a tree or trees or
to any guard about such a tree or trees.
4.
Install, remove or injure any guard or device placed to protect any
trees.
5.
Obstruct access of air, water, or fertilizer to the roots of such
tree or trees.
6.
String any wires or lines through a public park.
b.
The Public Works Manager shall grant such written permission if the
activity for which such permission is requested is in the public interest
and, except in the case of removal, is not likely to materially injure
any Township tree. The Public Works Manager shall render his or her
decision within 30 days after submission of a complete application.
Failure of the Public Works Manager to render a decision within such
thirty-day period or within such further time as may be consented
to by the applicant, shall constitute a decision favorable to the
applicant.
c.
Any person or persons who cause damage to any tree(s) by machines, autos, etc., shall be held liable for damages to the tree or trees. Damages shall be corrected or repaired by the liable person or persons billed for the damages and shall be liable to the penalties set forth in § 1-5 of this Code.
[Added 10-27-2021 by Ord.
No. 479-21]
a.
Any Township tree determined to be unhealthy or hazardous by the
Public Works Manager may be removed by the Township at its expense.
The Township may, in its sole discretion, replace any tree that it
removes.
b.
A resident may not remove a Township tree unless he or she first
files a registration form and obtains written permission from the
Public Works Manager. Permission to remove healthy Township trees
located in the Township right-of-way immediately adjacent to a resident's
property may be granted by the Public Works Manager, in his sole discretion,
if the following conditions are met:
[Added 10-27-2021 by Ord.
No. 479-21]
a.
The Shade Tree Commission or its Chair, upon request, shall determine
whether any tree qualifies as a landmark tree. A tree may qualify
as a landmark tree if it meets one or more of the following criteria:
1.
The tree species is rare.
2.
The tree is more than 100 years of age.
3.
The tree is of an abnormal height or has an abnormal trunk diameter
or dripline diameter for a tree of its species.
4.
The quality of the tree foliage is abnormal for a tree of its species.
5.
The location, shade value, fragrance, erosion control, aesthetic,
features or scenic enhancement of such tree is of especial importance
to the Township.
b.
All trees designated as landmark trees shall be shown on a map with
appropriate code marks signifying each tree's designation, number,
species, age, size and other distinguishing characteristics for ready
reference and periodic monitoring.
c.
If the owner or owners of the property on which a landmark tree is
located consents thereto, the Township may identify such tree as a
landmark tree by the placement of a suitable marker thereon.
d.
If and when any landmark tree is removed, the Shade Tree Commission
shall arrange for the necessary changes to made to the official landmark
tree inventory records and Township map.
[Added 10-27-2021 by Ord.
No. 479-21]
a.
Any person wishing to remove one or more trees with a DBH of greater
than 12 inches shall file a registration form with the Township Clerk
which shall include a description of the tree(s) to be removed, their
species, their size, their health and their location on the property.
[Added 10-27-2021 by Ord.
No. 479-21]
The following lands, activities and uses shall be exempt from
the terms and conditions of this chapter and shall also be exempt
from any violations or penalties.
a.
Activities lawfully conducted on public lands or rights-of-way by
or on behalf of a local, federal, state, county or other governmental
agency or entity or utility company.
b.
Trees removed in compliance with a woodland management plan that
has been approved by NJDEP pursuant to N.J.S.A. 54:4-23.3 and N.J.A.C.
18:15-2.7 as part of an approved farmland assessment and that is on
file with the Township Tax Assessor.
c.
Any activity protected by the Right to Farm Act, N.J.S.A. 4:1C-9
et seq. or any other state statute or regulation in an area in which
local regulation has been preempted.
d.
Trees removed in accordance with a site plan or subdivision plan
approved by the Township Planning Board or Zoning Board of Adjustment.
e.
Trees removed by a nursery on its own property in the normal course
of business.
[Added 10-27-2021 by Ord.
No. 479-21]
a.
Nothing in this chapter shall be deemed to impose any liability upon
the Township or its officers or employees or agents or upon the Commission
or any of the Commissioners.
b.
Nothing in this chapter shall be deemed to relieve the owner and/or
occupant of any private property from the duty to keep trees and shrubs
thereon in a safe condition.
[Added 10-27-2021 by Ord.
No. 479-21]
The Shade Tree Commission shall require that Township trees removed pursuant to § 23-5 of this chapter be replaced under the following guidelines:
a.
Trees should be replaced on a 1:1 basis.
b.
Deciduous replacement trees should be a minimum of two inches to
2.5 inches caliper, balled and burlapped and suitable for Zone 6 and
guaranteed for two years.
c.
Evergreen replacement trees should also be balled and burlapped and
of a minimum size of seven feet - eight feet in height and suitable
for Zone 6 and guaranteed for two years.
d.
When appropriate, the Shade Tree Commission may permit the planting
of hedges or other screening as an alternative to replacement tree(s)
if same would provide a more suitable visual barrier and/or better
serve the purpose of this chapter.
e.
The preferred tree replacement locations should be on the actual tree removal site, however in lieu of providing a replacement tree on site, an applicant may request that the Shade Tree Commission allow the applicant to contribute $300 per tree to the Township Tree Trust Fund as established by § 23-11 below.
[Added 10-27-2021 by Ord.
No. 479-21]
a.
Tree Trust Fund. All contributions to the Township Tree Trust Fund pursuant to Subsection E of § 23-10 above shall be deposited in a separate interest-bearing Tree Trust Fund. All interest accrued in the Tree Trust Fund shall only be used on eligible tree replacement and maintenance activities.
b.
Use of the money. The Township may use revenues and interest collected
from the Tree Trust Fund for any purpose which promotes the planting
and maintenance of trees in the Township. Such activities include,
but are not limited to, planting trees in the Township rights-of-way,
in Township parks and on other public lands.
c.
Expenditure of funds from the Township Tree Trust Fund shall be approved
by resolution of the governing body.
[Added 7-13-2022 by Ord.
No. 495-22]
All contractors must register with the Township Clerk before
removing any trees on public or private property in Long Hill Township.
A new registration shall be required every year and the registration
fee shall be $25 per calendar year. The registration form shall require
the contractor to certify that he or she has read and understands
the Township Shade Tree Ordinance. Contractors who fail to register
shall be subject to the penalties and fines set forth in § 25-13
below.
Any person violating or causing to be violated any of the provisions of this chapter shall be subject to the penalties set forth in § 1-5 of the Township Code. Any person removing or destroying a Township tree in violation of this chapter shall replace each tree destroyed or removed with another tree of the same species or a species approved by the Shade Tree Commission, at least two inches in diameter measured at a point four feet above the ground. Each tree destroyed or removed in violation of this chapter shall be considered a separate offense. Failure to secure a registration prior to removal or destruction of a tree on private property as required by § 23-7 shall be a violation of this and both the homeowners and their contractor, if any, shall be subject to this penalty.
