Township of Hampton, NJ Chapter 95 Trees

[HISTORY: Adopted by the Township Committee of the Township of Hampton 5-25-1976. Amendments noted where applicable.]

§ 95-1 Purpose and intent; cutting or removal restricted.

A. The Township Committee of the Township of Hampton does hereby decide and find that the indiscriminate, uncontrolled and excessive destruction, removal and cutting of trees upon lots and tracts of land within the township results in creating increased municipal costs to control drainage, and further causes increased soil erosion, decreased fertility of soil and increased dust, which deteriorates property values, and further renders land unfit and unsuitable for its most appropriate use, with the result that there has been and will continue to be deterioration of conditions affecting the health, safety and general well-being of the inhabitants of the Township of Hampton.

B. It is the purpose of this chapter to control soil erosion and sediment damages and related environmental damage by requiring adequate provisions for surface water retention and drainage and for the protection of exposed soil surfaces in order to promote the safety, public health, convenience and general welfare of the community. The standards and procedures established in this chapter are intended to furnish guidelines for the use of township boards, committees, and commissions in evaluating tree removal and planting plans prior to issuing approval for subdivision and other land development.

C. In order to immediately protect the health, safety and general welfare of the inhabitants of the Township of Hampton from the indiscriminate, uncontrolled and excessive destruction, removal and cutting of trees within the Township of Hampton, no person shall cut or remove any tree on any land within the Township of Hampton, County of Sussex and State of New Jersey, with the exception of those permitted tree removals as provided for herein.

§ 95-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

TREE

Any woody perennial plant having a diameter greater than four inches measured at a point 4 1/2 feet above the ground.

§ 95-3 Permitted tree removals.

[Amended 9-25-1979]

Under this section, the following trees may be removed without penalty:

A. Any tree located on a tract of land 43,000 square feet or less in size on which a single-family dwelling has been erected or upon which a single dwelling is about to be erected for which an occupancy permit has been issued, provided that the tree removal is authorized in writing by the owner of such property.

B. Any tree as a part of a nursery, garden, orchard or Christmas tree farm, provided that the subject area is being actively used commercially and is not a component part of a subdivision or development for building purposes.

C. Trees managed by the Shade Tree Commission, Conservation Commission[1] or Public Park Commission.

[1] Editor's Note: See Ch. 6, Conservation Commission.

D. Any live tree cut for firewood or lumber for personal use by the owner or his tenant occupying the premises.

E. Any dead or diseased tree or any tree that endangers life or property.

F. Trees cut according to approved plan.

(1) Trees cut according to a plan developed by the State or Federal Forestry Department and/or by a professional forester who shall be a graduate from a university accredited by the Society of American Foresters and who shall hold a degree in forestry and/or forest management, designed for weeding, thinning, planting or other tree culture or betterment of wooded areas, provided that an application is filed with the Building Inspector and is signed by the forestry specialist developing the plan. Said plan shall set forth the following details:

(a) Number of trees per acre by diameter classes.

(b) Average diameter of trees in the existing stand.

(c) Age or ages of the trees in the stand.

(d) Percent stocking of the advanced reproduction.

(e) Number of trees to be harvested by diameter, class, species and volume.

(f) Total acreage to be harvested.

(2) Prior to approval of said application, the applicant shall be required to mark all trees to be removed so that an inspection may be made prior to approval of the application. Additional information may be required of the applicant by the enforcing officer if he deems it necessary in considering the application.

G. Trees removed in the development of ponds or lakes when supervised by the Soil Conservation Service and/or the Federal or State Forestry Service, provided that a letter so stating is filed with the Building Inspector signed by the appropriate supervising agency.

H. Trees removed for farmland or horticultural development, provided that a letter is filed with the Building Inspector stating that the land involved is suited for the aforementioned use and is signed by the Sussex County Agricultural Agent.

§ 95-4 Enforcing officer designated.

The Building Inspector shall be the enforcing officer.

§ 95-5 Right of appeal; violations and penalties.

A. Any person aggrieved by the decision of any officer, board or body may, pursuant to the provisions of this chapter, within 10 days of the 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 action appealed from. The Township Committee shall set a time for the hearing of said appeal and after a hearing has been held thereon, may reserve, modify or affirm the decision appealed from.

B. Any person violating any of the provisions of this chapter shall be subject to a fine not exceeding $500 or imprisonment for not to exceed 90 days, or both, upon conviction, in the discretion of the judicial officer before whom such matter is heard.