Office of the Township Clerk
Ordinances

TOWNSHIP OF VERNON
ORDINANCE #07-40

AN ORDINANCE AMENDING THE VERNON TOWNSHIP ADMINISTRATIVE CODE SECTION 330 OF THE VERNON TOWNSHIP LAND DEVELOPMENT SUBCODE BY ADDING ARTICLE XX – TREE PRESERVATION

1. Purpose. The purpose of this ordinance is to protect valuable, desirable, distinctive and valued trees and woodlands from indiscriminate destruction and damage, and further to provide erosion and sediment controls, shade, energy conservation, noise abatement and oxygen production. It is also the purpose of this ordinance to maintain natural habitats for birds and other wildlife and also to provide protection for and enhancement of the Township’s visual environment and landscape.

2. The Township Council recognizes a strong relationship between the integrity of the Township’s woodlands and the quality of the region's water resources and the damage that can be caused by development on constrained land (steep slopes, wetlands, depth to ground water etc.), tree removal, soil disturbance, storm water management, and the general stewardship required for the best use of the land resources. Therefore, the appropriate management of the Township's resource is an important health, safety and general welfare issue to be regulated.

3. Definitions.

(a) Clear cutting means the removal of all standing trees on a lot or portion of a lot.

(b) Diameter at Point of Measurement (DPM) means the diameter of a tree measured four and one half (4 1/2) feet (forestry method) above the ground level on the downhill side of existing trees, also referred to as Diameter Breast Height (DBH).

(c) Drip line or Tree Canopy shall mean 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 6 feet from the trunk.

(d) Tree means any tree species which has a DPM of eight (8) inches or greater.

(e) Specimen Tree means any tree with a DPM of twenty four (24) inches or greater.

(f) Replacement Tree shall mean a nursery-grown certified tree, properly balled and burlapped, marked with a durable label indicating genus, species and variety and satisfying the standards established for nursery stock and installation as set forth by the American Association of Nurserymen, of a size 2 ½” caliper DPM.

(g) Selective Cutting shall mean the removal of larger trees on an individual basis while leaving trees of lesser size.

(h) Thinning shall mean the removal of undesirable, competitive, diseased or damaged trees so as to cultivate and improve the remaining trees on the site.

(i) Silviculture shall mean the management of any wooded tract or lot of land to insure its continued survival and welfare, whether for commercial or noncommercial purposes, pursuant to a plan approved by the New Jersey Department of Forestry.

4. Cutting or Removal Restricted. With the exceptions of the exemptions established in this ordinance no person shall cut or remove, or cause to be cut or removed, any existing tree with a diameter at the point of measurement of eight (8) inch caliper or greater upon any lands within the Township unless the cutting and removal can be accomplished in accordance with the provisions set forth in this Ordinance or pursuant to other such preservation regulations as may be set forth in the Administrative Code of Vernon Township.

5. Exemptions. The following shall be exempted from the requirements of this ordinance:

(a) Commercial nurseries or fruit orchards.

(b) Christmas tree farms.

(c) Any tree which is a part of a cemetery.

(d) Trees directed to be removed by the Township, County, State or Federal authority pursuant to law.

(e) Removal of dead, dying or diseased, or damaged trees, or trees whose angle or growth makes them an immediate hazard to structures or human life.

(f) Pruning or removal of trees within the right-of-way by utility companies or maintenance of utility wires or pipelines and the pruning of trees within sight easements.

(g) Trees removed in conjunction with the Right to Farm Act, on qualifying farms.

(h) Parcels of land with a forest management plan approved by the NJDEP Division of Forestry. The approved plan must be submitted to the Planning & Zoning Department as a matter of record.

(i) Single family lots with tree removal within an area of disturbance less than five thousand (5,000) square feet for the purposes of additions, accessory structures and expanded yard areas except in restricted areas such as conservation easements, wetlands, wetland buffers or stream buffers. Separate tree removal events on a lot over a three (3) year period, which exceeds five thousand (5,000) square feet, are not exempt.

(j) Parcels of land with preliminary site plan or subdivision approval, major or minor. Removal of trees prior to Board approval is prohibited, unless it is part of site investigation such as percolation test for septic system suitability.

(k) Properties that have an approved Lot Development Plan (LDP) from the Vernon Township Engineering Department.

6. Residential Lots Not Subject to Application Requirements before Either the Planning Board or Zoning Board of the Township:

(a) Tree removal on residential lots exceeding an area of disturbance of five thousand (5,000) square feet shall require an application to the Vernon Township Engineering Department for review by the Township Engineer. The Township Engineer shall review the application and, within 30 days, make a determination regarding the request to remove trees and notify the applicant.

(b) Application Form. The application form shall be available at the Township Engineering Department and shall include the following information:

(1) Name, address and telephone number of owner of the premises.

(2) Block and lot, and address of property where the tree removal is located.

(3) Name, address and telephone number of person performing the work.

(4) A list of trees to be removed with a DPM equal or greater than eight (8) inches identified by size and species, including total number of each species to be removed.

(5) Purpose of tree removal (construction, driveway, recreation area, patio, parking area or other similar activity). Note – clear cutting is prohibited except as required to accomplish these types of improvements.

(6) A copy of a property survey indicating the area of the tree removal activity and existing tree line to remain. This may be done by the applicant on a copy of an existing survey. The Engineering Department may request additional information if deemed necessary to complete the review of the application. The appropriate department shall determine if same is necessary, and if so, require same of the applicant. Every effort should be made to avoid such request of applicants.

7. Site and Subdivisions. Tree removal on lots which are subject to review by either the Planning Board or Zoning Board shall not be subject to this Ordinance. Nothing in this Ordinance shall be construed, however, to prevent either Board from requesting similar input as on a tree removal application.

8. Review and Design Standards.

(a) Trees shall be permitted to be removed as necessary to permit the construction of buildings, structures, decks, pools, driveways, septic field, lawn area for recreational use for the residents of the dwelling and any other authorized improvements. Existing vegetation shall be preserved to the greatest extent feasible.

(b) Site or tree protection measures including a field delineated area of disturbance with a silt fence or construction fence in place prior to removal and any other measure as deemed appropriate by the Township Engineer.

(c) Healthy trees outside of the building setback requirements should be retained to maintain resource protection and buffering to neighboring properties, unless the trees pose a hazard to person or property or whereby the approved construction grading or disturbance would cause damage to a tree creating an unsafe condition.

(d) Trees and vegetation shall not be removed in wetlands, wetland buffers, stream buffers or dedicated conservation easements except for exempted or permitted activities as approved by NJDEP or Vernon Township, whichever has jurisdiction.

9. Protection of Trees. Whenever an application for tree removal has been granted after application as set forth in this Ordinance, the following shall apply:

(a) Where practical, no material or temporary soil deposits shall be placed within the drip line of a tree to be preserved.

(b) No equipment shall be operated within the drip line of any tree to be preserved.

10. Violations and Penalties.

(a) Where a site has been cleared and/or constructed which results in accidental or unauthorized tree removal or severe damage which will result in death of any tree noted for preservation, the owner/developer shall replace the tree(s) in accordance with the following table:

(1) Replacement tree(s) shall be located on the site, and in accordance with the Vernon Township Administrative Code.

(2) The type of replacement tree(s) shall be the same as the species removed or as approved by the Township Engineer.

(b) Penalty. The Township Administrative Code §1-19 shall apply to any violation of the tree removal ordinance.

11. Permit Approval.

(a) Where tree removal is a part of an application before either the Planning Board or Zoning Board, the Municipal Land Use Law and Township Administrative Code, other than this ordinance, governs.

(b) No approval shall be granted if the Township, after consideration of the advice of the Township Engineering Department, the Township finds that the proposed tree removal is contrary to the best interests of the public health, safety or general welfare.

(c) The applicant must notify the Township Engineer in writing a minimum of five (5) days prior to start of work.

12. Appeal. The decision of the Township Engineer shall be appealable to the Zoning Board of Adjustment.

13. All ordinances or parts of ordinances or resolutions that are in conflict with the provisions of this Ordinance are repealed to the extent necessary.

14. If any article, section, subsection, term or condition of this Ordinance is declared invalid or illegal for any reason, the balance of the Ordinance shall be deemed severable and shall remain in full force and effect.

15. This Ordinance shall take effect after publication and passage according to law.

16. The Township Clerk is hereby directed to give notice at least ten days prior to the adoption of this Ordinance to the County Planning Board and to all other persons entitled thereto pursuant to NJSA 40:55D-15 and NJSA 40:55D-63 (if required). Upon the adoption of this ordinance after public hearing thereon, the Township Clerk is further directed to publish notice of the passage thereof and to file a copy of the Ordinance as finally adopted with the Sussex County Planning Board as required by NJSA 40:55D-16. The Clerk shall also forthwith transmit a copy of this Ordinance after final passage to the Township Tax Assessor as required by NJSA 40:49-2.1.

NOTICE

NOTICE IS HEREBY GIVEN that the above ordinance was introduced and passed on first reading at the Regular Meeting of the Township Council of the Township of Vernon in the County of Sussex, State of New Jersey held in the Municipal Building on September 24, 2007 and the same came up for final passage at the Regular Meeting of the Township Council held on October 11, 2007, at which time, after persons interested were given an opportunity to be heard concerning said ordinance, the same was passed and will be in full force in the Township according to law.

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JANET MORRISON, MAYOR

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PATRICIA LYCOSKY, R.M.C.
TOWNSHIP CLERK