Public Township Council Meeting — Packet

DRAFT PROPOSED REVISIONS – OCTOBER 2011 Species shall mean the common name of a tree. Specimen tree shall mean a tree in good health of unusual or exceptional form, size, age or shape for its species as evidenced by its inclusion in New Jersey's Big Tree List, or data base, published and coordinated by the New Jersey Forest Service, or having a Champion Tree point total (girth in inches plus height in feet, plus one quarter of average crown spread in feet) within ten (10%) percent of the point total of a tree of the same species listed in New Jersey's Big Tree List, published in "New Jersey's Big Trees", by the New Jersey Forest Service. Structure shall mean a combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land. Tree shall mean a self-supporting single-stem perennial woody plant having a diameter of at least four (4) inches measured at a point four and one-half (4.5) feet (or fifty-four (54) inches) from the ground at the base of the tree on its uphill side. Tree canopy shall mean the top layer or crown of a mature tree. (Ord. No. 2117-08 § 1) 25-27.4 Permit Required; Prohibitions and Exemptions. a. Permit. Any person desiring to cut down or remove a tree shall file an application for a tree removal permit issued pursuant to this chapter, and shall not commence the cutting down or removal of any tree without first having been issued a permit. b. Prohibitions. Notwithstanding paragraph a. above, no person shall be permitted to do any of the following: 1. Cut down or remove any tree within wetlands, flood hazard areas, riparian zones, or other areas protected by State or Federal law or applicable EPA or NJDEP regulations; 2. Cut down or remove any tree within a conservation easement; 3. Engage in activities which could cause a tree to die, including but not limited to topping, grade cut or fill, soil compaction within the drip line, chemical contamination, excessive drainage alterations or mechanical damage. 4. Cut down or remove any tree on a slope of fifteen (15%) percent or greater in grade or on a slope where vegetation is presently stabilizing soils where a tree

echanical damage. 4. Cut down or remove any tree on a slope of fifteen (15%) percent or greater in grade or on a slope where vegetation is presently stabilizing soils where a tree removal permit is submitted in connection with a development application, or a parcel upon which a new development is contemplated. c. Exemptions. The following are exempt from the permit requirement of paragraph a. above: 1. For purposes of administrative convenience, up to three (3) trees may be removed on an improved lot within any three hundred sixty-five (365) day period. For enforcement and record-keeping purposes, every person removing one or more trees pursuant to this exemption shall file a tree removal report with the officer on a form to be provided by him or her, to document the tree(s) removed and date of removal. The tree removal report shall be filed within five (5) days of removal of the tree(s). 2. Cutting down or removal of a nonviable tree, or a tree that is an immediate hazard to structures or human life or property; and 3. Activities lawfully conducted on public lands or rights-of-way by or on behalf of a local, County, State, Federal or other governmental agency or entity, or a utility company. 4. Tree removal in conjunction with a Woodland Management Plan(s) approved by the N.J. Forest Service. 146