The purpose of this chapter is to regulate and control the indiscriminate
and excessive removal, cutting, clear cutting and destruction of trees in
order to prevent conditions which cause increased surface drainage with commensurate
loss of groundwater infiltration to replenish subsurface water supplies; siltation,
sedimentation, soil erosion and decreased soil fertility; dust conditions
and mosquito breeding places; and impairment of the stability and value of
real estate; all of which conditions are now and will be in the future a detriment
to the public safety, health and general welfare.
Except as provided by the terms of this chapter, no person shall conduct any tree farming or tree harvesting operation which results in the destruction of any tree as defined in this chapter and not exempted from this chapter, by the terms of §
228-3.
Exempted from this chapter shall be:
A. Any tree that endangers life or property or any dead
or diseased tree removed by the owner, his agent or someone acting under authorization
of the owner or agent.
B. Any dogwood or American holly tree with a diameter of
two inches or less or any other tree of a diameter of four inches or less
measured at a point three feet above the ground.
C. Any tree removed as a part of a nursery, garden center
or orchard, provided that the area is being actively used and is not a component
part of an ongoing or contemplated subdivision or development for building
purposes, and further provided that said facility is in accordance with an
approved site plan. The enforcing official may require the owner of said nursery,
garden center or orchard to submit an affidavit certifying that tree removal
is not a component part of a subdivision or other development.
D. Trees removed in the development of ponds and 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 Construction
Official and signed by the appropriate supervising agency, and provided that
said pond or lake has been granted site plan approval.
E. Trees removed or cut in any emergency action taken by
the Hopatcong Fire Department, the Hopatcong Borough Department of Public
Works and the electric or telephone or cable television utility or the New
Jersey Forest Fire Service or their authorized agents.
F. Trees growing in a public right-of-way and removed at
the direction of a governmental authority.
G. Trees removed as part of a licensed sanitary landfill
operation.
H. Trees removed as part of an approved ongoing quarry operation operating in accordance with Chapter
242 of the Code of the Borough of Hopatcong. This exemption applies only to trees removed in the area of land actually approved for quarry operations.
As used in this chapter, the following terms shall have the meanings
indicated:
CUT or CUTTING
The cutting of the main trunk of a tree so that the tree is destroyed
or such cutting will lead to its destruction, but such cutting shall not be
construed to prohibit normal pruning.
HARVESTING PLAN
A plan submitted as part of a tree or forest management plan which
shall include the area to be harvested; its existing forest condition; size,
species and volume of timber being harvested; conservation methods to be used;
and a plat map showing the boundary lines of the cutting/ harvesting area.
Where harvesting will occur within 100 feet from the boundary line of any
adjacent property, the applicant shall list those property owners by name,
lot and block number. In addition, the harvesting plan shall contain a description
of equipment and methods to be used in the actual removal of the timber and
further contain a map showing all landing area, skid trails and logging roads.
The harvesting plan shall contain any other requirements that may be required
by the reviewing board upon review of the application.
LOT
A designated parcel, tract or area of land established by a plat
or otherwise as permitted by law and to be used, developed or built upon as
a unit.
NURSERY, GARDEN CENTER or ORCHARD
Land used for the above purposes under controlled conditions and in accordance with site plan approval pursuant to Chapter
191 of the Code of the Borough of Hopatcong.
PERMIT
A license issued by the Construction Official of the Borough of Hopatcong
or a reviewing board of the Borough of Hopatcong for the removal or destruction
of trees as defined by this chapter.
PERSON
Any individual, corporation, business or agent.
REVIEWING BOARD
The Borough of Hopatcong Planning Board or Zoning Board of Adjustment,
whichever Board has jurisdiction over a particular application.
SANITARY LANDFILL
Land used by the Borough of Hopatcong for the disposal of solid waste
and licensed by the New Jersey Department of Environmental Protection.
TREE
Any woody plant having a diameter greater than four inches (circumference
of 13.4 inches), measured at a height of three feet above the level of the
ground, except that the diameter shall be two inches (circumference of 6.3
inches) for any dogwood or American holly.
TREE EXPERT
The Borough Environmental Commission or a person approved by the
New Jersey Department of Environmental Protection, Bureau of Tree Experts,
as a tree expert.
TREE FARMING OPERATION
An operation involving the systematic planting, removal and/or replanting
of trees for the purpose of sale for lumber, Christmas trees, energy, firewood
or other similar commercial purposes.
TREE HARVESTING OPERATION
The removal of greater than 25 trees on a site in excess of five
acres for the purposes of tree farming, sale of lumber, forest management
or any other commercial or noncommercial purposes.
TREE or FOREST MANAGEMENT PLAN
A plan for the management of timbered or forested land developed or approved by a tree expert or an appropriate agency of the state or federal government. A tree or forest management plan shall include the proposal for management, the existing forest situation, silviculture alternatives, timer data, a harvesting plan and the forest regulation and development method. Said plan shall also include a soil erosion, sediment and surface water management plan pursuant to Chapter
197 of the Code of the Borough of Hopatcong.
No certificate of occupancy shall be issued unless tree removal has
been in accordance with the approved plan and all trees required to be planted
are in fact planted in accordance with the approval plan or a bond guaranteeing
such planting has been posted with the Borough Clerk. The bond shall be in
the principal sum of $100 per tree involved.
The following regulations shall be complied with during construction
following the issuance of a tree removal permit:
A. Restriction of vehicles to construction or tree removal
areas. There shall be no excavation on the site other than required test borings
or other soil tests before the reviewing board has approved the location of
the stake-out of the drives, parking sites and other areas shown on the plan.
Construction equipment shall be limited to the actual area to be graded according
to the approved plans. No material or temporary soil deposits shall be placed
within six feet of any tree for any period in excess of six weeks. No heavy
equipment shall be operated in such a manner as to break, tear, bruise, decorticate
or otherwise injure any living or dormant tree.
B. Responsibility of permittee. The permittee shall be fully
responsible for any damage caused to existing trees or other vegetation and
shall also be responsible for replacing any such damaged trees or vegetation,
as well as any trees which are removed in violation of this chapter. The permittee
shall carry the responsibility for his own employees, contractors and subcontractors.
Prior to the acceptance of an application for a permit under this chapter,
the applicant shall pay to the Borough of Hopatcong the following fees:
A. Application for management plan or logging operation:
$100 for the first acre and $25 per additional acre or fraction thereof.
B. The owner or applicant shall reimburse the Borough for
all costs of the Municipal Engineer or other expert advice and technical assistance
obtained in connection with the application for an approved plan in addition
to the above fee schedule and shall deposit with the Borough before the hearing
thereon an amount estimated to cover said additional costs.
The applicant or any other aggrieved party shall have the right to appeal
any decision of the Construction Official or the reviewing board under this
chapter to the governing body. Said appeal must be filed in writing in quadruplicate
with the Borough Clerk within 10 days of receipt of the decision. Upon receipt
of the appeal, the Borough Clerk shall, within three working days, transmit
copies to the Environmental Commission, the reviewing board and to the Borough
Engineer. The governing body shall proceed to hear said appeal, upon notice
to the applicant, within 35 days after the filing of the appeal. The appellant
shall give at least 10 days' notice of the hearing to owners of property within
200 feet of the appellant's lot. Any interested party may appear in person
or by representative to give testimony. The governing body may, in its discretion
and upon complete review of the application and after hearing the testimony
of the hearing, reverse, modify or affirm the aforesaid decision. No tree
removal shall be permitted during the pendancy of the approval.
The provisions of this chapter shall be liberally construed so as to foster the fundamental purposes and objectives of this chapter. This chapter shall be enforced in conjunction with Chapter
197 of the Code of the Borough of Hopatcong. Compliance with this chapter does not relieve the applicant from any other requirement under Chapter
197 or any other chapter of the Code of the Borough of Hopatcong.