A tree shall be considered as being located upon a lot if any part of the trunk or main stem of the tree is located upon such lot. Accordingly, a tree may be considered as located upon two or more lots for purposes of this chapter.

No person shall (a) remove, injure, break, deface, poison or otherwise damage any woody perennial plant or shrub located upon any municipal land, (b) nail or otherwise attach anything to any woody perennial plant or shrub upon any municipal land; (c) operate, place or maintain within the dripline of a tree or within six (6) feet of the stem or trunk of any other woody perennial plant or shrub located upon any municipal land any machinery, equipment, heavy object, stone, rocks, cement, earth, soil or other substance which may harmfully affect such tree or other plant or shrub by unduly compressing the earth or otherwise impeding or preventing the access of water or air to its roots; (d) excavate or remove earth or soil or cause any water to flow within the dripline of a tree located on any municipal land; (e) excavate around or remove earth or soil from, or cause any water to flow upon the roots of any woody perennial plant or shrub located upon any municipal land in any manner which may harmfully affect such plant or shrub; or (f) interfere with, damage, destroy or attach anything to any posts, supports or guards for any woody perennial plant or shrub upon any municipal land.

Nothing contained in subsection 23-3.1 shall apply to the Township, its employees, agents or contractors when engaged in the performance of an authorized project upon any municipal land or when engaged in the maintenance or removal, in whole or in part, of woody perennial plants which present hazardous conditions to the public.

No person shall (a) injure, deface, poison or damage any tree located upon any undeveloped lot within the Township; (b) nail or otherwise attach anything to a tree upon any undeveloped lot within the township; (c) operate, place or maintain within the dripline of a tree located upon any undeveloped lot within the Township any machinery, equipment, heavy object, stone, rocks, cement, earth, soil or other substance which may harmfully affect such tree by unduly compressing the earth or otherwise impeding or preventing the access of water or air to the roots of such tree; or (d) excavate or remove earth or soil or cause any water to flow within the dripline of any tree on any undeveloped lot within the Township in any manner which may harmfully affect such tree. Notwithstanding the foregoing prohibitions, "no trespassing" and "no hunting" signs may be nailed, stapled or otherwise affixed to trees having trunk diameters of at least eight (8) inches at the height where the sign is affixed.

No person shall brush out an undeveloped lot until either (a) a tree removal permit has been issued in accordance with the provisions of section 23-7 of this Chapter with respect to such lot, or (b) if the improvement of the undeveloped lot will not require the removal of any tree a statement to that effect has been filed by the owner of the lot with the Tree Protection Committee.

No person shall remove any tree located upon any undeveloped lot in the Township unless a tree removal permit has been issued in accordance with the provisions of section 23-7 of this Chapter authorizing the removal of the particular tree.

As a condition of approval of applications for development, Subdivisions and Site Plans shall provide landscaping along existing and/or proposed streets in accordance with Section 23-8, herein. Landscaping regulations shall apply to all major Subdivisions and Site Plans and their applicability to minor Subdivisions and Site Plans shall be optional at the discretion of the Approving Authority.

No equipment, materials or temporary soil deposits shall be placed within the dripline of a tree within six (6) feet of any shrub determined or required to be left standing. Such trees and shrubs shall be protected by erecting a protective barrier, such as snow fencing, around the areas to be left undisturbed except that when such an area extends to within twelve (12) feet of a building, driveway or parking area the following shall be complied with:

a. The position of the protective barrier may be moved to allow a working area of twelve (12) feet from the base of the building.

b. Equipment, materials and temporary soil deposits may be placed within twelve (12) feet of the base of the building.

c. The protective barriers may be placed in the proximity of any impermeable surface upon the border of driveways and parking areas.

d. Equipment, materials and temporary soil deposits may be placed within the dripline of a tree upon impermeable surfaces.

Where grading may be required, a tree to be left standing shall be walled in and extension tiled to its dripline, providing that the well shall be large enough to allow for future tree growth. Tree wells and extension tilling shall be in accordance with "Standard Construction Details, Township of Mendham".

No owner or contract-purchaser of any undeveloped lot who employs any person to perform any work upon such lot shall knowingly permit such person to violate any provision of this chapter.

a. The purpose of this ordinance is to promote conservation of woodlands, hedgerows, specimen vegetation as well as nonspecimen vegetation throughout the township

Through establishment of management requirements for the protection of trees on developed lots.

It has been determined that protection of trees upon lots of land results in:

1. reduced drainage control costs

2. decreased soil erosion and sedimentation, especially on sloping areas

3. increased fertility of the soil

4. improvement of water resources

5. decreased storm water runoff

6. reduced flooding

7. increased groundwater recharge

8. decreased buildup of atmospheric cerbon

9. decreased dust

10. improved natural cooling in the summer and wind protection in the winter

11. protection of the community's semi-rural character and roadscape

12. increased wildlife habitat

13. improved natural noise buffering

14. increased property values

Because all of the above positively affect the Township, while the removal of trees adversely affects the health, safety and general welfare of its residents, the Township desires to minimize the indiscriminate and excessive cutting of trees on developed lots, as well as during development. The standards and procedures established herein are intended to furnish guidelines for the Tree Conservation Officer, Township Environmental Consultant, Tree Preservation and Landscape Committee, Planning Board and Board of Adjustment in connection with the issuance of permits for certain tree cutting and removal, subject to the exemptions listed in Subsection 23-4A.2(b).

b. It is the intent of this Section 23-4A to protect the semi-rural character and natural resources of the Township, consistent with the goals and objectives of the Master Plan. This Section is not intended to restrict homeowners from removing dead or diseased trees. It is not intended to restrict homeowners from conducting routine pruning of trees or other maintenance procedures in areas of overgrown vegetation or removing any trees or vegetation measuring less than six (6) inches in diameter at a point six (6) inches above the ground.

a. Applicability. Subject to the exemptions listed in Subsection 23-4A.2(b), the provisions of this Section shall be applied to developed lots as follows:

1. Heritage Trees. No tree measuring twenty-four (24) inches or greater in diameter at a point four and one-half (4 1/2) feet above the ground shall be cut down or removed from any location on any lot without first obtaining a permit in accordance with the procedures of this Section 23-4A.

2. Tree Conservation Area: There shall be a tree conservation area required along all perimeter property lines as follows, within which no tree measuring six (6) inches or greater in diameter at a point six (6) inches above the ground shall be cut down or removed without first obtaining a permit in accordance with the procedures in this Section. The width of the tree conservation area shall be as follows:

i. Lots of less than one (1) acre are excluded from the tree Conservation Area requirement.

ii. Lots from one (1) up to two (2) acres shall have a Conservation Area measuring twenty-five (25) feet wide along any portion of the lot bordering a road, public or private, measured from the edge of the pavement, and fifteen (15) feet wide along all other property lines measured from the property line.

iii. Lots two (2) acres or greater shall have an area fifty (50) feet wide along any portion of the lot bordering a road, public or private, measured from the edge of the pavement, and twenty-five (25) feet wide along all other property lines.

b. Exemptions. The cutting and removal of trees shall be permitted without first obtaining a permit in the following instances:

1. Trees cut down or removed in accordance with a forest or agricultural management plan that has been approved by the proper state or federal authority.

2. Trees cut down or removed in accordance with a private management plan submitted to and approved by the Tree Preservation and Landscape Committee.

3. Trees that must be cut down in connection with the installation of public utilities, approved private waste disposal systems or private wells.

4. The clearing of woodlands on a commercial farm that meets the criteria of NJSA4:1C-9.

5. Trees that pose an immediate hazard to person(s) or property.

6. Trees cut on land owned by the Township provided the regulations under Section 23-3 are complied with.

Whenever a permit is required in connection with tree removal pursuant to this Section, the permit shall be obtained in accordance with the procedures set forth below and the requirements and standards of this Section.

a. Any person desiring to cut down or remove any tree or trees which are subject to the provisions of this Section shall file an application therefor with the Tree Preservation and Landscape Committee on a form to be provided for said purpose and shall pay the application fee, unless specifically waived by this Section, as required by Subsection 23-4A.6. Said application shall identify the lot or tract of land upon which the tree or trees are located, disclose the name and address of the owner, tenant or duly authorised agent of said owner or tenant and set forth with sufficient specificity for purposes of identification the location of the tree or trees intended to be cut down or removed and the reasons for the request. If the trees to be removed are deemed upon inspection to be dead, fatally diseased, or severely damaged the application fee shall be waived. If the trees are to be removed in accordance with an approved driveway permit or approved site plan for property improvements, the permit fee is waived and permit approval is not to be denied. In this situation, site review is intended to provide guidance and suggestion to minimise loss of significant trees.

b. The filing of an application shall constitute the applicant's consent for the Tree Conservation Officer, the Township Environmental Consultant and the Tree Preservation and Landscape Committee to enter upon the applicant's land for purposes of inspection. The Tree Preservation and Landscape Committee or, at their request, the Tree Conservation Officer and/or Township Environmental Consultant, shall inspect the site as to the tree or trees sought to be cut down or removed, the drainage and other physical conditions existing on the property and the adjoining properties.

c. The Tree Preservation and Landscape Committee may, at its discretion, forward the application to the Tree Conservation Officer and/or the Township Environmental Consultant for review and recommendations in accordance with the standards in this Section

d. Except as otherwise provided in paragraph (e) below, within fifteen (15) working days of receipt of a completed application, the Tree Preservation and Landscape Committee shall endorse the decision upon the application, and in the case of partial or complete disapproval, shall set forth the basis for such decision. Any application approved, in whole or in part, shall automatically become a permit in accordance with the terms of said endorsement. Any permit not acted upon, by the property owner, within one (1) year from the date of such approval shall expire unless extension is requested of and granted by the Tree Preservation and Landscape Committee.

e. Upon the filing of an application for the removal of trees located on any lot or tract for which an application for site plan review is required to be submitted to the Department of Public Works, the Township Construction Official, the Planning Board or Board of Adjustment, the Tree Preservation and Landscape Committee may withhold endorsement pending receipt of written notice of said department, official or board's action with respect to said application. Within five (5) working days of receipt of such notice of decision, the Tree Preservation and Landscape Committee shall act upon the application as provided above. The permit shall only be issued in accordance with the approved site plan.

f. Any person aggrieved by a decision of the Tree Preservation and Landscape Committee may appeal such decision to, or request a variance from the Board of Adjustment pursuant to NJSA 40:55D-70a or 70c.

To the greatest extent practicable, heritage trees, and tree rows should be preserved. The following factors shall be taken into consideration in determining whether to issue a permit for tree removal:

a. Whether the area where the trees are located will be occupied by a building or structure, a driveway or recreational area, a roadway, a bridle trail, drainage right of way, or whether it is an area requiring reasonable change in grade in relation to installation of any of the foregoing, and further provided for that such areas of grading will be restored and landscaped with suitable ground cover, shrubbery and/or trees after said installation.

b. Whether the tree removal is consistent with any Township development approvals and any conditions pertaining thereto.

c. Whether the tree removal could change existing drainage patterns.

d. Whether the tree removal would allow soil erosion or increase dust.

e. Whether the tree removal would constitute a significant change in the screening between existing or proposed buildings on adjoining lots or to roadscape.

f. Whether the tree removal would constitute a horticulturally advantageous thinning of an existing overgrown area, taking into consideration tree species, size and health of trees to be removed.

g. Whether the tree removal would impair the growth and health of trees remaining on the applicant's property or adjacent property.

h. Whether the area where the trees are located is to be regraded in such away as to impact the health of the trees.

i. Whether the presence of such tree(s) is likely to cause hardship or to endanger the public, owner or property on which the tree(s) is located or to an adjoining property owner, or for some other adequate reason within the intent of this Section.

j. Existence of disease, rot, or other damage to trees - trees in poor health should be removed.

k. Any planned tree replacement or other landscape plans for replanting the cleared areas.

The provisions of these Sections shall be enforced by the Tree Conservation Officer, who is empowered to cause the land subject to activity regulated by this Section to be inspected and examined and to order the remedying of any condition found to exist in violation of any provision of this Section. As a condition of a permit issued under this Section any person may be required to replace any trees with replacement trees of like or similar species, of a size not less than three (3) inches in diameter measured six (6) inches above the ground. Replacement trees shall be guaranteed for a period of one (1) year. Any person violating any provision of this Section shall be subject to a fine of not more than $1,000 per violation at the discretion of the Municipal Court Judge, except that the minimum fine that may be imposed for a violation shall be $100. Each tree cut down or removed in violation of this Section shall be considered a separate violation.

Unless specifically waived elsewhere, application for cutting down or removing trees - $10.00 per application.

There is hereby established a committee to be known as the Tree Preservation and Landscape Committee, which shall consist of seven (7) regular members and two (2) alternate members. At least four (4) of the regular members shall be residents of the Township. The Township Construction Official shall be one of the regular members. The other regular and the alternate members shall be appointed for terms of one (1) year by the Township Committee at the annual organization meeting of the Township Committee. At least one of the regular members and one of the alternate members of the Tree Preservation and Landscape Committee shall be members of the Township Environmental Commission. An alternate member shall act in the absence of a regular member in accordance with the procedures established by the Tree Protection Committee. The regular and alternate members of the Tree Preservation and Landscape Committee shall serve without compensation.

The Tree Preservation and Landscape Committee shall elect from among the regular members a chairman, or co-chairman, and a secretary.

Four (4) members of the Tree Preservation and Landscape Committee shall constitute a quorum for the transaction of business.

The Tree Preservation and Landscape Committee may establish and delegate responsibilities to such subcommittees as may be deemed desirable and expedient for the conduct of its business.

In addition to other duties and responsibilities of the Tree Preservation and Landscape Committee as set forth in the various provisions of this chapter, the Tree Preservation and Landscape Committee shall have the power and authority to:

a. Formulate and submit to the Township Committee plans and programs for the planting, care and treatment of trees, landscapes and shrubs on municipal land, including street rights of way and Township easements.

b. Review and comment on landscape plans to be transmitted to the Approving Authority for subdivision and site plan improvements, and furnish advice to such Approving Authority regarding tree preservation and landscaping whenever requested in connection with action by the Approving Authority upon subdivision and site plan applications in accordance with the provisions of Chapter XVI, Subdivisions and Site Plan Review. Such comments and recommendations shall be submitted in writing to the Approving Authority within twenty (20) days after an application for development has been deemed complete.

c. Inspect trees, shrubs and landscape upon municipal land and recommend to the Township Committee action for their care and treatment or removal when considered necessary.

d. Report to the Township Committee any cases of disease or conditions within the Township which in the opinion of the Tree Preservation and Landscape Committee require action for the preservation of and/or installation of trees, shrubs and landscape.

e. Institute proceedings in the Township municipal court or other appropriate court for any violation of the provisions of this Chapter.