[Adopted 12-21-2004 by Ord. No. 0-04-22]
A. The Township of Howell finds that there are increasing incidents within the Township of the indiscriminate cutting and removal of trees. Little or no consideration is given by many persons involved in tree-cutting activities to the preservation and maintenance of woodlands and wooded areas and the many environmental and aesthetic benefits which flow from their conservation and management. The Township Council finds that a continuation of these practices will result in the degradation of the environment of the Township generally as well as creating problems of increased water runoff, soil instability and erosion on particular lots upon which unplanned tree removal takes place and upon the lands which adjoin them. It is the intention of this article to protect the property, health and general welfare of the citizens of the Township of Howell by requiring the careful planning of any tree removal project which falls within its purview while allowing for such tree removal to take place in a managed manner.
B. With an ever-growing population in the Township, it is essential to our citizens to remove pollution from our air. It takes approximately 20 mature trees to clean the air gases produced from vehicular traffic consuming five gallons of gasoline. Healthy trees greatly assist in the battle against air pollution since most tree foliage traps dust and soot particles until the rain washes them away. Trees also consume carbon dioxide, a by-product of the combustion of organic fuel materials. Properly planted and nurtured trees contribute to the creation of sound barriers to help in the reduction of the noise level made by vehicular traffic.
This article may be cited as the "Howell Township Tree Removal and Replacement Ordinance."
As used in this article, the following terms shall have the meanings indicated:
AESTHETIC IMPROVEMENT CUT The removal to the extent possible of the minimum number, smallest and poorest specimens of trees so as to permit land development while retaining the maximum number of larger and better specimens of trees.
APPROVING BOARD/LAND USE BOARD The Township Planning Board or Township Zoning Board of Adjustment, pursuant to the jurisdictional criteria enunciated in N.J.S.A. 40:55D-1 et seq.
AVERAGE WOODED ACRE Shall be determined as follows:
A. A selective inventory by size and species, of all trees having DBH of four inches or greater shall be conducted using a minimum of 0.1 acre, (plots 65 feet by 65 feet), which shall be staked or visibly marked to allow for Township inspection.
B. The locating of the inventory plots shall be determined by the applicant, subject to Township approval, by using a grid overlay drawn to the same scale as the site plan submitted with the application.
C. A representative 5% of the wooded acres proposed to be cleared shall be inventoried. The representative 5% shall be determined by agreement between the applicant, the agencies with jurisdiction, including the Planning Board or Zoning Board of Adjustment, the Township Planner and the administrative officer. Where two acres or less are proposed to be cleared, a minimum of 0.1 acre (plots 65 feet by 65 feet) shall be inventoried.
D. The location of the average wooded acre shall be located on the plan, along with distinct boundary lines of the various vegetative groups, to provide a more accurate quantity of the proposed tree removal directly related to the required tree replacement estimate.
CALIPER The diameter measurement of a tree taken at ground level.
CERTIFIED TREE EXPERT (CTE) One who has completed the education and training requirements to be certified and recognized as such by the State of New Jersey.
CLEAR CUTTING The removal of all standing trees on a lot or portion of a lot.
DIAMETER BREAST HEIGHT The diameter of a tree measured at a point on the tree 4 1/2 feet from ground level. This phrase may appear in this article as the abbreviation "DBH."
DRIPLINE A limiting line established by a series of perpendicular drop points marking the maximum radius of the crown of an existing tree, but not less than eight feet from the trunk, whichever is greater.
EXEMPTION Permission to depart from the requirements of this article.
FINISHED CUT The cutting of trees performed during a calendar year.
GUARD AND GUARD RAILS A protective barrier that shall be a minimum of four feet high. The type of barrier must be approved by the Township Engineer.
HOMESTEAD LOT An existing lot upon which a single-family residence has been or is to be constructed.
LANDMARK TREE COMMITTEE A committee to be formed by and be part of the Howell Township Shade Tree Committee.
MANAGEMENT PLAN The written information and a plan required in § 188-204 of this article and containing the proposed methods and procedures to be employed in conjunction with a tree removal project.
MAY When used in this article, indicates a permissive direction.
PERSON Any individual, firm copartnership, association, corporation or developer other than the Township and public corporation.
PROFESSIONAL FORESTER OR STATE CERTIFIED FORESTER One who has a minimum of a bachelor's of science degree in forestry from a four-year college accredited by the Society of American Foresters, and is certified by the State of New Jersey.
REPLACEMENT TREE 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.
SELECTIVE CUTTING The removal of larger trees on an individual basis while leaving trees of lesser size for future harvest.
SHALL When used in this article, indicates a mandatory direction.
SILVICULTURE 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.
SITE PLAN 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.
SLASH The forest debris remaining after a tree removal operation.
SPECIMEN/LANDMARK TREE Any tree with a DBH of 16 inches or greater. Exceptions will be made based on species, health or conditions as determined by the CTE. A landmark tree is an historic tree, and must be designated as such and placed on a list by the CTE and Landmark Tree Committee.
SUBDIVISION 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.
THINNING 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 Howell CTE.
TOPPINGS The uppermost 20% of a tree constituting its crown.
TREE Any deciduous or coniferous species which reaches a typical mature height of 25 feet and a typical mature DBH of four inches or greater.
TREE REMOVAL PERMIT 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.
TREE REPLACEMENT PLAN A plan for replacement of removed trees in accordance with the provisions of this article with an approved woodlands management plan.
The following shall be exempt from the requirements of this article:
A. Commercial nurseries and fruit orchards and farms.
B. Christmas tree plantings and farms.
C. Properties devoted to the practice of silviculture.
D. Removal of trees by homeowner 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.
E. Pruning and removal of trees by utility companies to provide for line clearance of utility wires.
F. 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.
G. Residential home site lot/lots of one acre or less subject to any easements or buffer restrictions existing or affecting the lot.
H. All properties operated as municipal or county golf courses, and properties operated by state, county, or municipal governments for parks, recreation or open space. [Added 4-26-2005 by Ord. No. 0-05-1]
A. Damage from electrical wires. Any person, firm or corporation having control over any wire for transmission of electrical current along a public highway shall at all times guard all trees through which or near which such wires pass against any injury from wires or from electrical current carried by them. The device or means used shall in every case be subject to the approval of the administrative officer and the local utility.
B. Protection from injurious chemicals. No person, firm or corporation shall permit any brine, gas or injurious chemical to come into contact with the stem or roots of any tree or shrub upon a public highway, street or road or upon Township property.
C. Injury by animals. No person, firm or corporation shall hitch or fasten an animal to any tree on a public highway or to any guard or support provided for same.
D. Permission required for certain acts. No person shall do or cause to be done upon trees in any right-of-way, Township open space, public street, road or highway within the Township without first obtaining written permission from the Director of Public Works or the administrative officer any of the following acts:
(1) Cut, trim, break, climb with spikes, disturb the roots or otherwise intentionally injure, misuse or spray with harmful chemicals or remove any living tree of four inches or more DBH or remove any device installed to support to protect such trees;
(2) Fasten any rope, wire, electrical equipment, sign or other device to a tree or any guard about such a tree or shrub; or
(3) Close or obstruct any open space provided at the base of a tree, which open space is necessary to permit the access of air, water or fertilizer to the roots of such tree.
E. Trees in public highways. No trees are permitted to be planted in the Township, county or state right-of-way. Where a person desires to control the growth of existing trees on a public highway, street or road or right-of-way by removing them or pruning the trees, then the person shall contact the Director of Public Works and request the work to be performed.
F. Destruction of trees/easement markers.
(1) No person shall cut, remove or destroy, or cause to destroy, any tree growing in the Township without having first obtained a permit as provided in § 188-193 or be subject to penalties as provided in § 188-204, unless the removal of the trees is in compliance with § 188-190, titled "Exemptions."
(2) Any conservation easement or farmland buffer easement shall be posted with three inch by three inch anodized aluminum markers with a protective coating. The markers shall state "Conservation Easement" or "Farmland Buffer Easement" with the Howell logo. The markers may be purchased from the Township or from an approved vendor. The markers shall be attached to four-inch by four-inch by thirty-six-inch long posts made of concrete embedded in concrete. The concrete post shall be placed 24 inches into the ground so that 12 inches of the concrete post are exposed. Markers must be placed in accordance with § 188-127, "Easements," of this Howell Township Land Use Ordinance.
G. Tree preservation standards.
(1) No soil shall be deposited or removed within the dripline or within eight feet, whichever is greater, of any existing tree trunk. No machinery or materials shall be stored, deposited, cleaned or operated within the dripline or within eight feet, whichever is greater, of any existing trunk.
(2) Driplines of specimen trees and isolated groupings of trees which are to remain on site shall be clearly protected by snow fencing or orange construction fence with a height of four feet, located as close to the area of disturbance as possible. This protection by snow fencing or orange construction fence shall be installed immediately prior to and maintained during construction at the site. [Amended 4-26-2005 by Ord. No. 0-05-1]
(3) The grade of the land located along the dripline shall not be raised or lowered more than six inches unless compensated for by welling or retaining methods and in no event shall the welling or retaining wall methods be less than eight feet from the trunk of the tree.
(4) All debris created during tree removal and replacement shall be removed from the lot for disposal before any certificate of occupancy shall be issued.
(5) During the period of construction or repair of any building or structure or in the construction or repair of a street, road and highway not yet dedicated to the Township, and any project subject to Township inspection, the owner thereof or the contractor shall take every precaution to place guards eight feet from the dripline around all nearby trees on Township land or within public right-of-ways so as to effectively prevent injury to such trees. The owner and/or contractor shall each be responsible for the placement of such guards or guardrails and failure to make adequate provision for the protection of the trees shall subject the owner and builder to a penalty as hereinafter provided. Pile, heap or store any building material, soil debris, or any other matter, or make any mortar or cement, within a minimum distance of eight feet of the dripline of a tree. A sidewalk that is contained in the right-of-way or open space is excepted.
(6) Where clearing and construction on the site results in the accidental removal of trees or severe damage, which will eventually result in removal of any tree or the removal of any tree delineated in the replacement plan, such removal or replacement for damaged tree shall be on a one-by-one basis by trees of four-inch caliper if the damaged or removed tree is between 2.5 and 16 inches DBH. If the damaged or removed tree is greater than 16 DBH, replacement shall be as set forth in § 188-194C.
H. Right-of-way utility vegetation clearing/management and woody plant pruning and removal. It is important for the health and safety of the community that utility rights-of-way be maintained. Utilities may be underground or overhead, and it is important that vegetation not be planted too close to these utilities. It is recognized that trees are a leading cause of electrical power outages, and trees that touch power lines can be very dangerous or deadly. It is therefore the policy of Howell Township to ensure that vegetation is maintained or removed at a safe distance from utilities' rights-of-way. The safe distance spacing standards are set by the utilities. Pruning techniques will adhere to standards developed by the National Arborist Association. Howell Township relies on the specific utility's professional certified maintenance crews to maintain vegetation at a safe distance. Howell Township in no way recommends or encourages that a homeowner or an agent of the homeowner maintain or perform tree pruning or removal in a utility right-of-way on his own. Any complaints or issues regarding these rights-of-way should be directed to the Township to be resolved. It is the policy of the Township to allow the certified agents of a utility to maintain the right-of-way, including the complete removal of trees, shrubs, and/or vegetation by cutting, pruning or herbicide application by a certified applicator. It is the policy of the Township not to plant or encourage the growth of trees indiscriminately on utility rights-of-way. A list of trees and woody plants that can grow under power lines, called "Low Growing Trees and Shrubs," can be used with the written permission of the Engineering Department.
A. Interference with lawful work. 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. Removal of trees authorized. The Director of Public Works in consultation with the Township-certified tree expert, state-certified forester or Township Manager 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-certified tree expert, state-certified forester or Township Manager, 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. Procedures for obtaining a tree removal permit and management plan approval for properties not exempted under this article.
(1) All management plans submitted pursuant to this article dealing with the harvesting of timber and/or silviculture shall be based upon and be in accordance with the standards and recommendations of New Jersey State Bureau of Forestry pertaining to the type of tree removal project proposed.
(2) For the removal of trees not in conjunction with an application for development of property involving minor or major subdivision or site plan, or in any other form of development where the approval of the Planning Board or Zoning Board of Adjustment is not required, an application in a form to be established shall be submitted in duplicate to the administrative officer with the application fee and providing the following information:
(a) Required information:
[1] Street address of property with block and lot identified;
[2] Name of owner of property, phone number and name of occupant of premises and phone number, if applicable;
[3] Total acreage of the tract;
[4] List identifying the number of trees by species with a DBH greater than four inches to be removed.
[5] Reason for the removal;
[6] Location on the tract where tree removal is to take place.
(b) Where an application is made in connection with the construction of a building or other improvement, a land use permit and a tree removal permit must be issued prior to the clearing of trees and the construction of a new dwelling. No building permit shall be issued until the tree removal permit has been granted.
(c) Homestead lots of one to three acres. Removal of trees on tracts of land from one to three acres may be cleared up to 100% of the area upon which a single-family dwelling has been erected or is to be erected without replacement required. The Township recommends that a minimum of 25% of the existing trees remain. [Amended 4-26-2005 by Ord. No. 0-05-1]
(d) Homestead lots greater than three acres. Tree removal on lots totaling more than three acres shall require the owner to file with the Administrative Officer a plan indicating the boundaries of the homestead acre and the area the owner intends to clear. This plan shall be submitted in addition to the information as provided under § 188-193A(2)(a). The Township recommends that a minimum of 25% of the existing trees remain. [Amended 4-26-2005 by Ord. No. 0-05-1]
(e) Upon receipt of the application for tree removal permit, the administrative officer or his designee, in conjunction with the Township Engineer and the CTE, may field inspect the lot to determine if the removal, clearing or relocation of the trees does not violate the below-listed criteria:
[1] 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.
[2] The tree(s) to be removed is not located within a conservation area or buffer area as delineated and/or specified on a previously approved site plan or subdivision plan for the property in question.
[3] 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.
[4] An increase of surface water runoff.
[6] A negative impact on the adjacent properties.
[7] Removal or disturbance of historic or landmark tree(s).
(f) A tree removal permit issued by the administrative officer under this subsection shall be valid for one year from the date of issuance. If the proposed removal violates one of the listed criteria, the matter shall be referred to the board which had or would have jurisdiction.
B. Tree management plan application and permit for development requiring subdivision or site plan approval.
(1) For the removal of trees in conjunction with an application for development of property as either a minor or major subdivision or site plan, or in any other form of development where the approval of the Approving Board will be required, the applicant shall submit a management plan to the Board as part of the proposed construction drawings and simultaneously with the application for approval of such development in a form and manner which complies with the Township Land Use regulation (Chapter 188). A tree management plan, consisting of a map having a scale of one inch equals 50 feet or less, shows the location of existing wooded areas and clearly marked boundaries of the plots used to determine the average wooded acre for the site. This plan must be prepared by the applicant's professional. The locations of the trees shall be certified by a professional land surveyor licensed in the State of New Jersey and authorized pursuant to N.J.S.A. to submit such plans. The Board shall refer the application to the Shade Tree Commission and/or the Environmental Commission for its report and nonbinding recommendations. The Board may rely on the report and recommendations of the Environmental Commission and/or the Shade Tree Commission in reaching its decision to approve the management plan, disapprove the management plan or approve the management plan subject to such conditions as have been recommended by the Shade Tree Commission and the Environmental Commission in accordance with the terms of this article.
(2) The Approving Board shall also forward the proposed tree management plan to the CTE for review and comment. If the plan meets all requirements, the CTE shall approve the plan and so advise the Board. If the plan does not meet the approval of the CTE, a report will be generated outlining the plan's deficiencies and this report shall be submitted to the appropriate board and the applicant. The tree management plan shall provide the following information:
(a) Location of streams and watercourses;
(b) Locations of slopes greater than 10% where any tree removal is proposed;
(c) Total acreage of the tract;
(d) Locations on the tract where tree removal is to take place;
(e) The location of each 0.1 acre plot used to determine the average wooded acre as in § 188-189D of this article;
(f) For each plot inventoried to determine the average wooded acre, the application shall provide a list identifying the species of tree, the number of each species and the size of each individual tree in that plot.
(g) The total number by species of existing trees with a DBH of four inches or greater on that tract;
(h) The total number by species of trees with a DBH of four inches or greater which are to be removed;
(i) For tracts greater than one acre, the applicant may make an estimate of the total quantity of trees by species based upon the inventory of 0.1 acre plots. For tracts where less than one acre is proposed to be cleared, the number and species of trees to be removed shall be based on actual count;
(j) All trees with a DBH of 16 inches or greater shall be specifically identified by location on the map and listed on a separate schedule showing species and common name and size. All efforts shall be made to preserve such trees, including, if necessary, relocation of infrastructure, roadways and buildings.
(k) A specific replacement plan for the planting of removed trees in accordance with § 188-194.
(l) The location of existing and proposed structures and improvements, if any.
(m) Fifteen copies of said management plan shall be submitted to the approving board in accordance with this article.
C. Tree removal permit for tree management plans approved by land use boards.
(1) Tree removal permit is required for every management plan approved by the Planning Board or Zoning Board of Adjustment. The application must be presented to the administrative officer. A copy of the signed resolution of approval and a copy of the fully-executed site plan or subdivision indicating all conditions of approval have been met shall be submitted to the administrative officer before a tree removal permit shall be issued.
(a) The tree removal permit issued by the administrative officer shall be valid so long as the approving board's approval is valid. The removal or damage to trees not approved for removal shall be considered a violation of this article.
(b) Any substantial change in a tree removal and replacement plan shall necessitate the submission of a revised plan to the approving board for review.
(c) The tree removal permit issued by the administrative officer shall be displayed or be available for inspection at the site where tree removal and replacement is to take place. Failure to display or make available the tree removal permit at the site of removal shall be a violation of this article. Any person may examine the application for tree removal permit on file with the administrative officer upon request made in writing or in person to that office. Copies of the application submission shall be made available in accordance with law.
(2) Prior to the issuance of a building permit, the developer shall comply with § 188-191F, entitled "Tree preservation standards," outlined above.
(3) Prior to the issuance of the certificate of occupancy, the Construction Code Official shall receive a release from the administrative 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.
