No person shall cut down or remove or permit, suffer or allow the cutting down or removal of any tree without first having complied with this Part 5. Prior to the cutting down or removal of any tree which is subject to this Part 5:

A. An applicant for a site plan, minor subdivision or preliminary plat for a major subdivision shall obtain a permit from the Morris County Soil Conservation District. The Morris County Soil Conservation District shall determine the permitted area for tree cutting and shall submit its approval to the Boonton Township Planning Board or Zoning Board of Adjustment, as may be appropriate.

B. Unless the application is in conjunction with a subdivision, an applicant for a road opening permit shall obtain a tree removal permit from the Township Committee.

C. An applicant for a construction permit for a new home which is not part of a subdivision shall submit the proposed construction plan, tree removal and soil erosion and sediment control plan to the Morris County Soil Conservation District for guidance as to the removal of trees and approval of the plan.

D. An applicant for a construction permit or a permit to remove more than 10 living trees in excess of six inches diameter at breast height shall obtain a permit from the Construction Official. In no event shall a permit be issued for the removal of more than 10 living trees in excess of six inches diameter at breast height on a homestead lot during any twelve-month period.

The following shall be exempt from the provisions of this Part 5:

A. Commercial nurseries, including Christmas tree farms and fruit tree orchards.

B. Removal of trees which are dead, dying or diseased, or trees which have suffered severe damage, or any trees whose angle of growth or location make them a hazard to structures or human life.

C. Pruning or removal of any tree growing on or over a public right-of-way or public property by an appropriate authority or authorized utility company for maintenance of utility wires or pipelines.

D. Homestead lots, except as provided in § 102-95C and D. [Amended 9-12-2005 by Ord. No. 708]

E. Land used for agricultural purposes when operated in accordance with a farm conservation plan approved by the Morris County Soil Conservation District.

F. Silviculture.

A. The clear-cutting of trees on land either before or after subdivision or site plan approvals or building permits have been issued is prohibited.

B. The removal of any tree which serves buffer, shade, landscaping or other functions as required by an approved subdivision or site plan shall not be removed unless considered to be a public safety hazard by the appropriate approving authority.

A. The applicant shall submit to the appropriate approving authority for each site on which work is to be done a tree protection and removal plan which contains:

(1) Name, address of applicant and, if other than an individual, legal status.

(2) Name, address of owner of the property and, if other than an individual, legal status.

(3) Street address and tax lot and block numbers of premises.

(4) An informal map or sketch of the property showing area or areas to be affected, dimensions thereof, a limit of disturbance line and use or use to which affected areas are to be put upon completion of work, including new vegetation to be planted as part of work.

(5) The signature of the applicant and of the owner approving the plan, if different from the applicant.

(6) An estimate of the number of trees more than six inches in diameter at breast height per acre. Such estimate may be made by counting trees in the heaviest wooded areas in a radius of 37.2 feet, taking an arithmetic average as to each species and as to the approximate diameter of each species from three to five inches diameter, five to 10 inches diameter and over 10 inches diameter, and multiplying such averages by a factor of 10 to reach an estimate of the yield per acre.

(7) A statement of the effect on the character of the premises anticipated to result from the tree removal, the stated reason for the removal and any other comments the applicant wishes to make in support of the application.

(8) All permit fees and review fees as established by ordinance. For permits issued by the Morris County Soil Conservation District, permit fees shall be submitted to the Morris County Soil Conservation District.

B. Tree protection and removal plans shall be approved when in conformity with the provisions of this Part 5.

A. No trees shall be removed from any area subject to this Part 5 until:

(1) The appropriate authority has approved the tree protection and removal plan after review and has issued a tree removal permit for the land or for each lot to be disturbed in a subdivision.

(2) There shall be no lot disturbance and a building permit shall not be issued until a tree removal permit has been issued and the appropriate barrier fence has been erected to delineate the area of disturbance.

B. During any construction, excavation, grading or other land disturbance:

(1) Construction equipment shall be limited to within the limit of disturbance according to the approved plan.

(2) No material or temporary soil deposits shall be placed within the dripline of any existing tree to be retained for any period in excess of six weeks. Heavy equipment shall be operated in such a manner as not to break, tear, bruise, decorticate or to otherwise injure any living or dormant tree to be retained.

(3) Prior to any disturbance, appropriate barriers shall be placed along all limits of disturbance.

C. Notwithstanding any other provision of this Part 5, and except for selective cutting of trees approved in accordance with the provisions of this Part 5, the total clearing of any lot in a residence district, including any existing cleared area, shall not exceed five times the permitted impervious coverage as provided in § 102-171.2.

D. The appropriate approving authority shall act upon every application for a tree removal permit within 30 days after it is filed. Upon failure of the appropriate authority to act upon an application within such period of time, the application shall be deemed to have been approved as submitted for all purposes of this chapter.

E. In the event that the appropriate approving authority shall disapprove any application in whole or in part, the reasons for such disapproval shall be endorsed upon the application.

F. Conditional approval. The appropriate approving authority may approve an application in whole or in part upon terms and conditions which shall be endorsed upon the application. Such terms and conditions may include requirements for the installation of wells or wells of specified dimensions for a particular tree or trees not to be removed. The appropriate approving authority may also require that a specific tree or trees shall be protected from damage during building or other construction work carried on in close proximity thereto by the erection and maintenance of suitable guards or barriers. The removal of diseased trees and the pruning or trimming of trees that are not to be removed may be required, as may any other reasonable action necessary to preserve and protect trees in the opinion of the appropriate approving authority.

A. Fees. An inspection fee and a permit fee as set forth in § 102-82 shall be submitted with all tree protection and removal plans submitted for approval. Fees for approvals from the Morris County Soil Conservation District shall be assessed by and paid to the Morris County Soil Conservation District.

B. Inspections.

(1) For tree removal permits issued pursuant to § 102-95A, the Morris County Soil Conservation District shall enforce the requirements of this Part 5 and shall inspect the work being undertaken in connection with the tree protection and removal permit.

(2) For all other permits, the Construction Official or, if authorized by the Township Committee, the Township Engineer, shall enforce the requirements of this Part 5 and shall inspect the work being undertaken in connection with the tree protection and removal plan.

(3) In the event of a failure to comply with any condition or requirements of the plan, the Morris County Soil Conservation District or the Construction Official or the Township Engineer, as the case may be, shall, among other things, revoke the building permit or certificate of occupancy, issue stop-work orders and generally take such action as may be justified under the circumstances.

C. Appeals. Any applicant aggrieved by the action or decision of the appropriate approving authority taken under this Part 5 may appeal such action or decision to the Township Committee.

[Added 7-18-2005 by Ord. No. 685]