[HISTORY: Adopted by the Board of Commissioners of the City of Millville 3-20-1990 as Ch. XXIV of the Revised General Ordinances of the City of Millville 1989. Amendments noted where applicable.]
A. 
The City does find that the woodlands are an important cultural, ecological, scenic and economic resource. Proper management of this resource will ensure maintenance of all forest benefits including, but not limited to, watershed protection, wildlife habitat, recreational aspects and aesthetics. Proper management also will result in greater economic returns for harvested timber.
B. 
The woodlands must be preserved, protected, enhanced and maintained. A forestry program is intended to meet these objectives by providing opportunities for the continuing uses of the City's forest resources which are compatible with the maintenance of the environment. This can be accomplished by the improvement of the forests through the application of sound management practices.
As used in this chapter, the following terms shall have the meanings indicated:
FORESTRY
The growing and harvesting of trees for commercial purposes.
TREE
A woody plant that has the potential to reach a height of at least 10 feet, has a single stem, and has a definite crown shape.
Excepted from this chapter shall be:
A. 
Any tree located on a parcel of land one acre or less in size on which a residence has been constructed or is being constructed (building permit issued).
B. 
Any tree growing on property actually being used as a nursery, garden center, Christmas tree plantation, or an orchard.
C. 
Any tree growing on land being used for a sanitary landfill or for resource extraction.
D. 
Any tree to be cut for personal use by the owner.
E. 
Any tree growing on a public right-of-way.
F. 
Any dead, diseased, or other tree that is likely to endanger life or property.
G. 
Any tree harvested pursuant to an approved Woodland Management Plan prepared in accordance with N.J.A.C. 18:15-2.9.
A. 
Any landowner desiring to cut, remove, or harvest any tree for commercial purposes shall submit to the Zoning Officer a permit application which shall include a Harvesting Plan detailing the harvesting practices proposed to be employed, including but not limited to, the following:
(1) 
Location and size of tracts.
(2) 
Owner's name, address and telephone number.
(3) 
Map of the property showing wetlands, types of vegetation cover, area to be harvested, receiving waters, location of stream crossings and alternatives, location of skid trails, location of access roads and landings, cutting boundaries, and size of filter or buffer strips.
(4) 
Description of area to be harvested should include acreage, general soil types and erodibility; range of percent of slope; timber quality and age (forest type, species, age, DBH, height, volume, and reproduction), and understory; number of trees in the tract and wildlife impact determined, if any.
(5) 
Description of timber to be harvested (number of trees, species, diameter classes and volume) and the reason/purpose for the timber to be harvested (e.g. to obtain cordwood, pulpwood, lumber, etc.).
(6) 
Description of regeneration plans.
(7) 
Description of intermediate management practices to be applied during or after harvesting.
B. 
The total area of any proposed woodcutting for which a permit is sought cannot exceed 10 contiguous acres, regardless of the size of the tract of land involved. No requests for a woodcutting operation permit shall involve more than two separate tracts or parcels of land as shown on the current Tax Map of the City.
C. 
No single applicant or property owner in any one calendar year shall be issued:
(1) 
More than two permits for ongoing woodcutting operations at any one time. Issuance of further permits shall be dependent upon the Zoning Officer's certification that woodcutting for one or both of the current permits has been completed in a satisfactory manner as provided herein, and such certification shall not be unreasonably withheld.
(2) 
More than a total of three permits regardless of the acreage involved in any one of all three permits.
D. 
During any one calendar year only one woodcutting permit may be issued for any one tract or parcel of land regardless of the parcel or tract size, ownership or the applicant involved.
Forest vegetation represents a unique and financially valuable part of the essential character of the City. If properly managed, forests represent significant economic opportunities to their owners while perpetuating the overall ecological value of the City. This chapter encourages commercial forestry that will maximize forest land values and provide for the long-term economic and environmental integrity of the City. Forestry shall be authorized throughout the City provided that:
A. 
Access to land proposed for harvesting:
(1) 
Follows previously established roads and trails to maximum extent practical.
(2) 
Avoids wetland areas except as are absolutely necessary to harvest wetland species or to gain access to the harvesting site.
(3) 
Avoids crossing streams with high and unstable banks and those with approaching slopes exceeding 10% where alternative crossings exist.
B. 
All activities during and after harvesting are carried out in a manner to avoid damage to stream banks and bottoms, erosion, and degradation of water quality, including the following:
(1) 
Stream banks at crossings shall be stabilized during and after harvesting.
(2) 
Culverts and bridges shall be temporary in nature.
(3) 
Trees which serve to stabilize stream banks shall be retained; other trees shall be felled to avoid stream banks where practical and winched off such banks where felling occurs.
(4) 
A fifty-foot vegetated buffer along streams, ponds, marshes and areas subject to erosion shall be maintained.
(5) 
The use of active and intermittent stream channels for skidding of logs shall be prohibited.
(6) 
Skidding shall not occur within 50 feet of streams, ponds, lakes, and marshes, except for necessary crossings.
(7) 
Access ways for forestry activities shall be located at least 100 feet from streams, ponds, lakes and marshes, where practical.
(8) 
Landings shall be located in well drained areas where practical and at least 200 feet from ponds, lakes and marshes.
(9) 
Filter strips shall be located between harvested areas, landings, and skid trails; and streams, ponds, lakes and marshes.
(10) 
Water diversion devices shall be installed as necessary to control erosion.
(11) 
Keep roads and skid trails out of wet and poorly drained spots.
(12) 
Plan carefully for the protection of slopes exceeding 30%.
C. 
The landowner notifies the City when harvesting is to commence once application is approved.
D. 
Only those trees which have been selected for harvesting are cut; that all trees are cut to the base; and all practical steps are taken to minimize damage to undesignated trees.
E. 
At the conclusion of any harvesting operation:
(1) 
All areas disturbed for access, processing, moving or loading trees shall be regraded to approximate natural slopes and that water diversion devices are installed as necessary in order to avoid erosion.
(2) 
All accessways shall be closed and devices installed, such as poles, pilings or beams that will preclude use of the accessway.
(3) 
Bare ground areas shall be stabilized with vegetation and replantings where necessary.
(4) 
All debris shall be removed from streams.
(5) 
All nonvegetative refuse shall be collected.
(6) 
All hanging trees shall be removed.
F. 
Harvesting and reforestation activities shall ensure the regeneration of the harvested forest.
G. 
Harvesting and reforestation in Atlantic white cedar and hardwoods swamps is conducted in the following manner:
(1) 
Atlantic white cedar will be cut and managed to create site conditions favorable to regeneration of Atlantic white cedar.
(2) 
Reforestation to ensure Atlantic white cedar regeneration will involve control of competitive hardwood species.
(3) 
Existing streams shall be cutting boundaries where practical.
(4) 
Harvesting methods employed shall be those which minimize environmental damage including the use of winches, corduroy roads and helicopters.
(5) 
Harvesting will occur to the greatest extent practical during dry periods or when the ground is frozen.
H. 
The proposed activity does not involve the draining or filling of wetlands.
Work shall be performed in compliance with the submitted Harvesting Plan and shall adhere to the standards in § 70-5. Any change will require the submission of a new or revised Harvesting Plan. The permit shall be valid for a period not to exceed one year.
A. 
An applicant for a woodcutting permit shall deposit with the Zoning Officer prior to the issuance of a woodcutting permit a sum of money equal to $75 per acre. The money is in addition to the application fee required. The moneys so deposited shall be held by the City to assure conformance with the provisions of this chapter and the permit issued for the proposed woodcutting operation. If the woodcutting is carried out in accordance with the provisions of this chapter, the approved plan and the permit issued, then all moneys deposited, except the application fee paid, of $100 shall be refundable in full to the applicant.
B. 
Upon receipt of the moneys, the Zoning Officer shall deposit same with the Chief Financial Officer who shall deposit these funds in an escrow account. Release of the moneys shall be through the normal voucher system employed by the City after application by the applicant for release of funds and after certification by the Zoning Officer that the woodcutting was properly carried out, which certification shall not be unreasonably withheld. Failure of the applicant to properly undertake or perform as required shall mean forfeiture of the moneys so deposited, and the Chief Financial Officer shall turn the funds over to the Chief as fees collected for deposit in the general fund of the City and to be used for reforestation projects within the City and/or to clean up the property where the applicant improperly performed.
C. 
An applicant can request in writing the transfer of moneys deposited to the woodcutting escrow account in connection with one permit application for another permit application once the original application for which the moneys were deposited has been certified by the Zoning Officer to be satisfactorily complete and the permit expired or terminated as the case may be. Such transfer shall not affect the calculation of the amount which must be so deposited for the "new" application as set forth hereinabove.
A stop-work order shall be issued by the Zoning Officer if noncompliance with the submitted Harvesting Plan is evident or if there is nonadherence to the standards in § 70-5. The stop order will remain in effect until the City has determined that resuming work will not violate the conditions of the submitted Harvesting Plan and the requirements set forth in this chapter. The penalty for noncompliance with the submitted Harvesting Plan shall be the forfeiture of the financial security/performance security.
A fee schedule will be determined to adequately cover the administration costs of this chapter. The fee shall be included with the permit application. The fee shall be $25 for the first acre involved in the application and $5 for each additional acre or portion thereof involved in the application.
Any person, business, corporation, partnership or other entity violating any provisions of this chapter shall be subject to a fine not exceeding the sum of $1,000 nor less than $100 or imprisonment for not more than 30 days, or both, in the discretion of the Municipal Court.
Certified copies of this chapter shall be filed with the Cumberland County Planning Board and the Pinelands Commission.