As to all determinations of the Forester, other than those relating to heritage/historic trees made pursuant to §336-10G(15), the applicant may appeal the Forester's denial of the application for a tree removal permit. Any resident of the Township may appeal the Forester's issuance of a tree removal permit.

The following exceptions from securing a tree removal permit or for abbreviated procedures shall apply unless a heritage/historic tree will be removed or damaged, in which case securing a removal permit shall be required as to the historic tree(s) only:

A. This article shall not apply to normal operations in commercial orchards or tree nurseries as carried out by the owners or their employees.

B. Any public utility company may prune trees to obtain normal line clearance for overhead utility wires.

C. This article shall not apply to standard selective forestry practices which will benefit both the owner and the intent of this article, such as pruning and trimming to enhance growth. Any such activity, however, which entails injury to or destruction of trees shall require an application and permit as provided for herein.

D. This article shall not apply to any tree located on a home site.

E. Except as otherwise noted in §336-18, the provisions of §336-10 of this article shall not apply to those activities recognized in §336-18 in conformance with the Farmland Assessment Act (N.J.S.A. 54:4-23.1 et seq.).

F. Except as otherwise noted in §336-19, the provisions of §336-10 of this article shall not apply to the circumstance recognized and described in §336-19.

The following actions are prohibited and shall be a violation of this article:

A. Willful injury or disfigurement of any tree growing within the Township.

B. No person shall:

(1) Attach any sign, notice or other object to any tree or fasten any wires, cables, nails or screws to any tree in a manner that could prove harmful to the tree.

(2) Pour any material on any tree or on nearby ground which would be harmful to the tree.

(3) Cause or encourage any unnecessary fire or burning near or around any tree.

(4) Construct a concrete, asphalt, brick or gravel sidewalk or otherwise fill up the ground around any tree so as to cut off air, light or water from the roots.

(5) Pile building material or equipment around any tree so as to cause injury thereto.

In order to protect trees located on areas of the tract which are tree preservation areas, the Forester may, if warranted in his opinion, require the erection and maintenance of temporary fencing or similar barrier along the border of the tree disturbance area or at such other location which in his opinion will help to protect against intrusion into the tree preservation area. In exercising his judgment hereunder the Forester may consider the following:

A. Size and configuration of the tree disturbance area.

B. Size and number of pieces of construction equipment to be used.

C. Size of project.

D. Any past intrusions into the tree preservation area.

E. Lack of other demarcation to distinguish tree disturbance area from tree preservation area.

F. Other factors deemed relevant by the Forester.

Nothing in this article shall be deemed to impose any liability upon the Township or upon any of its officers or employees nor to relieve the owner and occupant of any private property from the duty to keep trees and shrubs upon private property or under his control in a safe condition.

Any person found guilty of violating any provision of this article shall, upon conviction, be subject to the penalties prescribed in Chapter 1, Article II, General Penalty. In a prosecution under this article, each tree removed, damaged or destroyed will constitute a separate offense.

Tree removal in furtherance of farming shall be controlled hereunder. If an applicant intends to harvest woodland or intends to clear trees to establish a farm, this article shall apply, providing the activity shall qualify under the Farmland Assessment Act.

A. Tree harvesting. If an applicant intends to harvest trees and have such activity result in the subject property's qualifying for farmland assessment under the Farmland Assessment Act, the following procedures shall apply:

(1) The applicant shall file a copy of the following with the Township Forester:

(a) Forest management plan prepared for the state.

(b) Farmland assessment application.

(2) The Township Forester shall inspect the property and compare it with the forest management plan. If the Township Forester notes any substantial inconsistencies, he/she shall immediately contact the State Forester assigned to the matter and request the State Forester to review the property and the plan as soon as possible.

(3) The Township Engineer shall periodically, thereafter, inspect the property to determine that the forest management plan is being adhered to. If the plan is not being followed, the Township Engineer shall:

(a) Immediately notify the State Forester for such action as he/she deems needed.

(b) Notify the Township Tax Assessor that the plan is not being followed and request that action be taken to disqualify the property under the Farmland Assessment Act.

(c) Serve notice on the applicant, and the property owner, if different from the applicant, that he/she should immediately cease the activity because it no longer qualifies under this article as an exemption to the tree removal permit procedure and that before any further tree removal is engaged in, the provisions of §336-10 must be complied with.

(d) Issue summons under §336-15.

B. Establishment of farm. If an applicant intends to remove trees in order to establish a farm and have the subject property qualify for farmland assessment under the Farmland Assessment Act, the following procedures shall apply:

(1) The owner shall notify the Township Clerk in writing of such intention and shall supply the following:

(a) Written information required by §336-10B(1) through (6).

(b) A survey or map of the total property with the area of tree removal depicted with reasonable accuracy.

(c) A statement under oath that the applicant is not pursuing the tree removal hereunder to avoid the other sections of this article and that if the application is granted, the property would not be the subject of a subdivision or site plan application for 10 years after the farming activity is commenced.

(d) An application fee in the amount provided for in Chapter 150, Fees.

(2) The Township Clerk shall follow the procedures of §336-10C and D.

(3) The Township Forester shall inspect the site and may require the applicant, owner and/or farmer to accompany him.

(4) The Township Forester shall issue a tree removal permit hereunder if:

(a) The Township Forester is satisfied that the application is made in good faith and with the intention to establish a farm which will qualify for farmland assessment under the Farmland Assessment Act.

(b) The record owner of the property executes a restriction in recordable form that the property shall not be the subject of a subdivision or site plan application for a period of 10 years after the farming activity is commenced.

(5) If the Township Forester concludes that the application is not made in good faith and with the intention to establish a farm which would qualify the property for farmland assessment under the Farmland Assessment Act, the Township Forester shall deny the permit and notify the applicant and owner in writing, with a copy to the Township Clerk, of the specific findings upon which the determination is made and of the fact that the applicant may appeal such determination within 10 days pursuant to §336-11.

An abbreviated procedure shall apply to tree removal for purposes of constructing a single-family dwelling on a lot.

A. To qualify under this article:

(1) The applicant must intend to construct a single-family dwelling in which the applicant intends to reside for the foreseeable future; and

(2) The dwelling shall be intended to be constructed on a lot:

(a) Which is one acre or less or which is not more than two times the minimum lot area requirement of the zone in which it is located; and

(b) Which has not been the subject of a subdivision approval within the last five years; and

(c) Which is not in common or related ownership with an adjacent parcel of real property.

B. If Subsection A is applicable, the applicant shall contact the Township Forester and supply in written form the information required by §336-10B(1) through (6). The Forester shall ascertain additional information sufficient to establish that this article is applicable and the abbreviated procedure of this article is appropriate. Upon doing so, the Forester may require the applicant to supply a survey, copy of house plans and proposed placement of the dwelling, any accessory buildings, lawn or landscape area and driveway proposed. The Forester may further require that the applicant mark the trees to be removed. If, after a review of the foregoing information, and any other information the Forester may reasonably require, including inspection of the property, the Forester is satisfied that the trees to be removed are not in excess of that required to establish the dwelling and related areas, a permit for tree removal may issue and a copy forwarded to the Township Clerk. If not so satisfied, the Forester may require the procedure established by §336-10 be followed. In such case, the Township Forester shall notify the applicant in writing, with a copy to the Township Clerk, of the denial, the specific findings upon which the denial is made and of the fact that the applicant may either submit under §336-10, or appeal the Township Forester's determination under §336-11.

For the purpose of establishing a database on heritage/historic trees, their size and location within Freehold Township, any property owner filing farmland assessment under woodland management shall have the approved consulting Forester identify heritage/historic trees encountered during their annual inspection. These trees with diameter, species and location information shall be shown on the submitted scaled map and included with the annual filing of the "WD-1" form prior to August 1 to the Township Tax Assessor.