[Adopted by Ord. No. 13/73 (Ch. 13 of the 1978 Revised General Ordinances)]; amended in its
entirety 5-23-2023 by Ord. No. 12-23]
This article shall be known and designated as the "Tree Removal
Ordinance" of the Township.
The purpose of this article is to control and regulate indiscriminate
and excessive removal, cutting and destruction of trees upon tracts
of land, and to control, regulate and prevent conditions which cause
increased surface drainage, siltation, sedimentation and soil erosion,
and decreased soil fertility; create dust and mosquito breeding places;
impair the stability and value of real estate; all of which conditions
are, and will, in the future, be a deterrent to the public safety,
health and general welfare.
As used in this article, the following terms shall have the
meanings indicated:
Any person, as defined below, who applied for approval to
remove trees regulated under this article.
The Township Planning Board or Township Zoning Board of Adjustment,
pursuant to the jurisdictional criteria set forth in N.J.S.A. 40:55D-1
et seq.
The diameter measurement of a nursery tree measured at 12
inches above the root flare.
One who has completed the education and training requirements
to be certified and recognized as such by the NJ Board of Tree Experts.
The diameter of the trunk of a tree generally measured at
a point 4 1/2 feet above ground level from the downhill side
of the tree.
Individual appointed by the Mayor, or, in absence of an appointment,
the Construction Official or Township Engineer, in charge of enforcing
this article.
A person(s) who owns a residence.
Any lot or parcel of land as shown and designated on the
official Tax Map of the Township, or any combination of such contiguous
or adjacent lots or parcels of land.
Any individual, corporation, partnership, firm, association,
political subdivision of this state, and any state, interstate or
federal agency.
A nursery-grown certified tree, properly balled and burlapped
and marked with a durable label indicating genus, species and variety,
having a minimum caliper of 2 1/2 inches for deciduous trees
and a minimum height of eight feet for conifers.
The management of any forested tract of land to insure its
continued survival and welfare, whether for commercial or noncommercial
purposes, pursuant to a plan approved by the New Jersey Bureau of
Forestry.
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot; the location of all
existing and proposed buildings, structures and site improvements;
and any other information that may be reasonably required in order
to make an informed determination pursuant to an ordinance requiring
review and approval of site plans by the Planning Board or Zoning
Board of Adjustment.
The forest debris remaining after a tree removal operation.
Any tree with a DBH of 16 inches or greater. Exceptions will
be made based on species, health or conditions as determined by the
Township Engineer.
Any tract of land which is hereafter subdivided into two
or more parcels along an existing or proposed street, highway, easement
or right-of-way, for sale or for rent as residential lots or residential
building plots, regardless of whether or not the lots or plots to
be sold or offered for sale or leased for any period of time are described
by metes and bounds or by reference to a map or survey of the property
or by any other method of description.
The removal of undesirable, competitive, diseased or damaged
trees so as to cultivate and improve the development of remaining
trees on a lot, as approved by the Township.
Any deciduous or coniferous species which reaches a typical
mature height of 25 feet and a typical mature DBH of five inches or
greater.
To remove, cut down, or otherwise kill or cause irreparable
damage that leads to the decline and/or death of a tree. This includes,
but is not limited to, excessive pruning, application of substances
that are toxic to the tree, and improper grading and/or soil compaction
around the base of the tree that leads to the decline and/or death
of a tree. Removal does not include responsible pruning and maintenance
of a tree, or the application of tree treatments intended to manage
invasive species.
A permit to remove trees issued by the administrative officer
after review and approval of application for removal and replacement
of trees in accordance with the provisions of this article.
A plan for replacement of removed trees in accordance with
the provisions of this article.
Except as provided by the terms and conditions of this article,
no person shall cut, destroy or remove any tree located within the
confines of the Township that has a DBH of five inches or greater.
A.
Submission of application. Any person desiring to remove any live tree in excess of the size referred to in § 535-4 of this article shall prepare and submit an application in the form provided by the Township for such purpose and in the manner set forth herein:
(1)
For removal of a tree or trees from a lot or parcel of land for which
no building permit is required: by filing such application with the
enforcement officer created and designated by this article, who shall
also consider and decide such application.
(2)
For removal of a tree or trees from a lot or parcel of land for which
a building permit is required, and for which the applicant is not
required to obtain site plan approval from the Township Planning Board
as a condition precedent to obtaining a building permit, pursuant
to the terms and conditions of the zoning chapter of the Township,[1] as amended and supplemented: by filing such application
with the enforcement officer created and designated by this article
at the time that application is made for a building permit. The enforcement
officer shall also consider and decide such applications.
(3)
For removal of a tree or trees from a lot or parcel of land for which
the applicants are required to obtain site plan approval from the
Township Planning Board as a condition precedent to obtaining a building
permit, pursuant to the terms and conditions of the zoning chapter
of the Township,[2] as amended and supplemented: by filing such application
simultaneously with the application for site plan approval with the
Township Planning Board, which shall also consider and decide such
application in conjunction with the application made for site plan
approval.
(4)
For removal of a tree or trees from a lot or parcel of land for which
a minor (exempt) subdivision or preliminary sketch plat approval or
tentative approval for a major subdivision is sought, pursuant to
the terms and conditions of the land subdivision chapter of the Township,[3] as amended and supplemented: by filing such application
with the Township Planning Board simultaneously with the application
filed for subdivision approval or sketch plat approval. The Planning
Board shall consider and decide such application in conjunction with
the application made for subdivision approval or sketch plat approval.
A tree removal plan approved by the Township Planning Board in conjunction
with preliminary sketch plat approval shall not be deemed binding
upon the applicant, the Township or the Township Planning Board, and
such approval does not give the applicant the right or authority to
proceed with tree removal.
B.
Contents of application.
(1)
The application form supplied by the Township shall contain, at a
minimum, the following information:
(a)
Name and address of applicant, and status of legal entity (individual,
partnership, corporation of this or any other state, etc.).
(b)
Status of the application with respect to land (owner, lessee,
tenant, purchaser under contract, etc.).
(c)
Written consent of the owner of the land, if applicant is not
the owner.
(d)
Name of person preparing any map, drawing, or diagram submitted
with and as a part of application.
(e)
Location of property, including street number and address, and
block and lot numbers, shown on the official Tax Map of the Township.
(f)
Number of trees to be removed, and the species and size of each
such tree.
(g)
Purpose for tree removal (construction, street or roadway, driveway,
utility easement, recreation area, patio, parking lot, etc.).
(h)
Diagram of lot or parcel of land, specifically designating area
or areas of proposed tree removal, and proposed use of such area.
(i)
Such other information as may be deemed necessary in order to
effectively process and decide such application.
(2)
The number of copies of each application form to be submitted by
the applicant shall be prescribed by the appropriate decisional authority
to whom such application is to be submitted.
C.
Inspection of site.
(1)
Prior to taking final action upon any application for tree removal,
an inspection of the site shall be made by:
(a)
The enforcement officer in those cases where final determination
is to be made by him as to the granting or denial of an application.
(b)
By a duly designated representative or by representatives of
the Township Planning Board in those cases where final determination
is to be made by that body as to the granting or denial of an application.
(2)
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. The inspection
shall determine if the proposed removal, clearing or relocation of
trees violates one or more of the following criteria, and if a violation
is found, the matter will be referred to the board that had or would
have jurisdiction.
(a)
The tree(s) to be removed is not located within a conservation
area, environmentally sensitive area, wetland area or buffer area
designated by state, county or Township ordinance.
(b)
The tree(s) to be removed is not located within a conservation
area or buffer area as delineated and/or specified on the previously
approved site plan or subdivision plan for the property in question.
(c)
The tree(s) to be removed was not required to be planted by
a previously approved application and/or landscape plan to provide
screening or buffering for a building or structure located on the
property in question or on an adjacent parcel of land.
(d)
An increase in surface water runoff.
(e)
Soil instability and erosion.
(f)
A negative impact on the adjacent properties.
(g)
Removal or disturbance of specimen/landmark tree(s).
D.
Standards for considering application. An application for tree removal
shall only be granted for the following reasons, and under the following
terms and conditions:
(1)
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; a clearance
area for the placement or storage of soil, fill or construction materials
or debris during tree removal and/or construction operations; or where
the area of tree removal is not greater than 20 feet on either side
of or around the perimeter of any of the foregoing, whichever is applicable.
(2)
In areas proposed for tree removal which are not to be occupied by any of the uses or facilities set forth in Subsection D(1):
(a)
That the continued presence of such tree or trees is likely
to cause danger to person or property upon the property for which
removal is sought, or upon adjoining or nearby property.
(b)
That the area where such tree or trees are located 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 a tree or trees located nearby.
(c)
That the removal of trees is for the purpose of thinning out
a heavily wooded area, with some trees to be removed and other trees
to remain. The planting of seedlings or other replacement trees may
be made a condition of removal.
(3)
Upon an express finding by the appropriate decisional authority that
the proposed tree removal will not result in or cause, increase or
aggravate any or all of the following conditions: impaired growth
or development of remaining trees or shrubs on the property of the
applicant, or upon adjacent property; soil erosion, sedimentation
and siltation; dust; drainage or sewerage problems; dangerous or hazardous
conditions; and depression in the land value of the subject property
and properties in the neighboring area.
(4)
The appropriate decisional authority shall have the power to affix
reasonable conditions to the granting of the permit for the removal
of trees.
A.
Lots or parcels of land having a total area not in excess of 1 1/2
acres (65,340 square feet), on which there exists a fully occupied
one-family or two-family dwelling house, while required to comply
with this article, are exempt from permit, fee and/or municipal inspection
requirements. For the purposes of this article, adjacent and contiguous
lots shall be considered as one lot.
B.
The following lands, activities and uses shall be exempt from the
terms and conditions of this article:
(1)
Commercial nurseries and fruit orchards and farms.
(2)
Public rights-of-way where the tree removal is conducted by or on
behalf of a federal, state, county, municipal or other governmental
agency or entity in the lawful exercise of its activities, duties
or functions in constructing or improving such public rights-of-way.
(3)
Christmas tree plantings and farms.
(4)
Properties devoted to the practice of silviculture (forestry).
(5)
Removal of trees by homeowners which are dead, dying or diseased
or trees which suffered severe damage or any tree or trees whose angle
or growth makes them a hazard to structures or human life.
(6)
Pruning and removal of trees by utility companies to provide for
line clearance of utility wires.
(7)
Approved game management practice and habitat programs as recommended
by the State of New Jersey Department of Environmental Protection,
Division of Fish, Game and Wildlife, National Resource Commission
or similar agency.
A.
Appointment. The Mayor, at his discretion, may appoint the person
qualified by background, training and experience as the enforcement
officer of the terms and conditions of this article, or, in absence
of an appointment, the Construction Official or Township Engineer
shall be in charge of enforcing this article.
B.
Personnel. Within budgetary limits, the enforcement officer or the
Township Planning Board, whichever is applicable, may seek the advice
or assistance of other qualified personnel within or without the Township
or of advisory committees or statutory commissions of the Township
for the purpose of acting upon any applications submitted pursuant
to this article or for the purpose of interpreting or enforcing this
article.
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.
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
Township 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 approval
from the Township Planning Board is required as a condition precedent
to obtaining a building permit: until expiration of the site plan
approval, or expiration of the building permit issued after such site
plan approval.
D.
If granted for a lot or parcel of land for which minor (exempt) subdivision
is sought: one year from the date of granting of such minor subdivision.
E.
If granted for a lot or parcel of land for which tentative approval
of a major subdivision is sought: until expiration of such tentative
approval.
F.
Prior to the issuance of the certificate of occupancy, the Construction
Code Official shall receive a release from the enforcement officer
or his or her designee that all trees to be retained and all trees
to be replaced under the tree removal permit are, in fact, in existence
and that all debris/slash generated as a result of these activities
has been removed.
In the event of a failure to comply with any of the terms and
conditions of this article, the enforcement officer of this article,
either on his own initiative or upon recommendation of the Planning
Board of the Township, shall revoke any tree removal permit or permits
granted hereunder, building permits, certificates of occupancy, as
the case may be, or issue such stop orders, as the case may be, and
seek to enjoin any such failure or violation through a court of competent
jurisdiction, or to take such other steps as may be authorized and
permitted by law to correct such violation or enforce implementation
of the terms and conditions of this article.
A.
No person, firm or corporation shall prevent, delay or interfere
with lawful work undertaken hereunder by the Director of Public Works
or other employees of the Township.
B.
The Director of Public Works shall have the power to do the following:
(1)
Remove any tree or part thereof dangerous to public safety at the
request and expense of the owner of such tree only if it impacts Township
roadways or Township-owned properties.
(2)
In the case of public safety affecting public rights-of-way or the
flow of vehicular traffic, the Director of Public Works, in consultation
with the Township Administrator, shall have the power to notify the
owner of any real estate property to remove, trim or thin the trees.
If after notification the owner fails to remove, trim or thin the
dangerous trees, the Director of Public Works shall have the power
to remove the trees and charge the actual cost thereof to such owner.
The Director of Public Works shall also have the power to contract
with the owner of any real estate in the municipality for the purpose
of removing trees in accordance with this section and to charge the
actual cost to the Township thereof to such owner. If the payment
is not made on demand, the Director of Public Works may certify the
actual cost thereof to the Collector of Taxes, whereupon the sum so
certified shall be collected by the Collector as other taxes or real
property are collected in the Township.
A.
For all replacement requirements, the following formulas shall apply:
(1)
For trees over five inches DBH and under eight inches DBH: For
trees with a DBH equal to or greater than five inches and less than
eight inches, replacement shall be required at a percentage of 50%
of trees removed.
(2)
For trees over eight inches DBH and under 16 inches DBH: For
trees with a DBH equal to or greater than eight inches and less than
16 inches, replacement shall be one tree for each tree removed. The
tree replacement size shall be a minimum size of 2 1/2 inches
caliper.
(3)
For trees over 16 inches DBH: For trees with a DBH equal to
or greater than 16 inches, each removed tree shall be replaced with
the size and the amount of trees set forth below:
|
Existing Tree to Be Removed
(inches DBH)
|
Number of Replacement Trees
(minimum size 2 1/2 inches caliper)
|
|---|---|
|
Less than 18
|
2
|
|
Less than 24
|
3
|
|
Less than 31
|
4
|
|
31 or greater
|
5
|
B.
Appropriate species. The species or type of replacement tree and
the mix of replacement tree types (deciduous, conifer) shall be selected
from the species removed from the tract under consideration or from
an approved list of trees, including shade trees, ornamental trees
and conifers, as recommended by the approving board and its professionals.
All trees shall be nursery certified and installed as follows:
(1)
In general, excavation for planting shall be large enough to
accommodate the natural spread of the root system. The planting backfill
shall be one part humus or peat, one part screened topsoil and one
part native soil from the site to ensure an appropriate planting medium
and adequate soil transition between the planting pit and the native
undisturbed soil for proper root growth and development. The "parent
material" or native soil, if suitable, should not be disposed of;
instead, it should be used to create a four-inch rim or saucer around
the edge of the pit to create a dish for rainwater collection and
uptake by the tree roots. Trees shall be adequately watered at the
time of planting and mulched with three inches of approved mulch immediately
after planting. Mulch should not touch the base of the tree.
(2)
Trees shall be staked and guyed immediately after planting.
Stakes shall be of cedar or oak, eight feet long and no less than
two inches in diameter. Stakes shall be located in undisturbed soil
outside of the planting pit. Trees shall be guyed to the stakes using
plastic interlock chain straps one inch minimum. Tree wrap shall be
removed after planting.
C.
Credit for replacement trees. Except where specifically prohibited,
any trees required by a landscaping plan may be credited toward the
number of replacement trees at the discretion of the appropriate Township
official. However, the purpose and intention of this article shall
be taken into consideration in granting this credit.
D.
No trees, including replacement trees planted pursuant to this article, shall be planted in the public rights-of-way. Persons who plant trees in violation of this article are subject to penalty pursuant to § 535-10.6. If such trees are not removed by the owner immediately upon notice by the Township, the trees are subject to removal by the Director of Public Works at the owner's cost.
A.
On-site replacement trees. All required replacement trees shall be
planted on the site from which trees were removed.
B.
Off-site replacement trees. In lieu of replanting trees on the removal
site, the Township shall have the option to require the applicant
to plant replacement trees of types selected by the Township from
the approved list of trees contained in this article at an off-site
location chosen by the Township's administration. Such off-site
locations shall be restricted to Township-owned public property, including
but not limited to public parks and public buildings. Discretion to
exercise off-site replacement trees shall rest solely in the hands
of the Township.
C.
Township Tree Fund. In the alternative, should the quantity of the
trees to be removed be greater than the tree replacement/landscaping
plan due to limited available planting area and no off-site replacement
locations available, the applicant shall make contribution to be deposited
in the Township Tree Fund as established by this article. The contribution,
in lieu of planting of trees, shall be $500 per tree.
Any person or developer of subdivisions or site plans claiming
that they have conducted tree removal operations that are in substantial
conformance with the terms of this article prior to the date of its
enactment may, within 60 days after the final adoption of this article,
make application to the Planning Board for a certificate of prior
use. The Planning Board shall, within 90 days of the date of receipt
of such an application, cause the premises to be inspected to determine
that any tree removal project is in substantial conformity with the
terms of this article, and such determination shall serve as a certificate
of prior use relieving the applicant of an obligation to secure a
tree removal permit for continued operations of said tree removal
project. Failure of the Planning Board to act within the time specified
shall be deemed to be an approval of the request for a certificate
of prior use. Any person who does not file for such certificate within
60 days of the date of this article shall conclusively be presumed
to be bound by the terms of this article.
A.
There shall be established by this article a Denville Tree Fund for
the purposes set forth in this article.
B.
All funds collected as contribution in lieu of replanting trees under § 535-10.1 shall be made out to the "Denville Tree Fund" and deposited into an escrow account clearly designated as the "Denville Tree Fund." Funds so deposited shall be used solely for the following purposes:
(1)
Open space acquisition.
(2)
Tree planting on public property.
(3)
Tree management and/or removal (including from river).
(4)
Equipment supporting growth of vegetation and/or trees.
(5)
Costs associated with arborist or CTE performing periodic review
of trees located within the public rights-of-way or upon public property.
C.
The Denville Tree Fund shall be administered by the Chief Financial Officer. The Chief Financial Officer shall report (listing by date for the report period) to the Township Council, the Planning Board, and the Environmental Commission, on a semiannual basis, the amount in the fund as of the end of each quarter, the amount deposited by each development application or other contribution, and all amounts dedicated from the fund for use for the purposes described in § 535-10.4B for that period. Such reports for any period shall be filed with the Township Clerk.
D.
Any and all appropriations from the Denville Tree Fund shall be made
by the Township Council, upon recommendation of the administration.
An applicant may appeal to the Township Planning Board from
a decision of the enforcement officer denying a tree removal permit
or from any other action or requirement of the enforcement officer
under the terms of this article. Said appeal shall be made within
30 days of the date upon which notice of denial or other action of
the enforcement officer is served upon the applicant. The Planning
Board shall consider the findings of the enforcement officer and the
testimony of the applicant and may thereafter take the following actions:
A.
Affirm the decision of the enforcement officer.
B.
Overrule the decisions of the enforcement officer and direct that
a tree removal permit be issued.
C.
Overrule the decision of the enforcement officer denying the permit
but conditioning the issuance of said permit upon the satisfaction
of such conditions as the Planning Board shall impose.
D.
In special circumstances and upon a showing of good cause by the
applicant, waive a requirement of this article where said waiver will
not frustrate the basic intent and purpose of this article.
A.
Each tree cut, damaged, destroyed, or planted in violation of this
article shall be deemed to be a separate and distinct violation. Any
person convicted of violating any of the provisions of this article
shall be liable for a penalty of not more than $2,000 per violation
or imprisonment in the county jail for no more than 90 days, or both,
at the discretion of the court having jurisdiction over this matter.
B.
In addition, the Township may institute and maintain a civil suit
in chancery for injunctive relief to enforce the provisions of this
article. The Township may also require the replacement of illegally
removed trees with trees of similar species or an appropriate contribution
for same as set forth in other sections of this article.
C.
The issuance of a stop-work order and a summons by the enforcement
officer or designee may be issued for inappropriate or illegal tree
removal activities upon recommendation of the Township Engineer.
D.
If the Township requires a mitigation plan for the illegally removed
trees, the applicant shall post a cash guarantee covering 15% of the
cost of the tree replacement plan, including labor, at the time of
issuance of the tree removal permit. The guarantee shall be held for
two growing seasons after the cessation of construction or land disturbance
on the site. If any of the trees require replacement, the applicant
must replace the damaged or diseased trees. If the applicant fails
to replace the trees, funds shall be used to replace trees which die
or are damaged during this two-year growing season period. Any unused
funds shall be returned to the applicant at the end of the two-year
period. The cash guarantee estimate shall be prepared by the Township
Engineer.
