There is hereby established the position of Tree Conservation Officer, to be appointed annually by the Township Committee. The duties of the Tree Conservation Officer Shall include:

a. Administer and enforce the provisions of Section 23-4A entitled Tree Conservation on Developed Lots.

b. Provide periodic reports to the Tree Preservation and Landscape Committee with respect to permits issued and other actions taken to enforce the provisions of Section 23-4A.

c. Make recommendations with respect to the administration and enforcement of Section 234A to the Tree Preservation and Landscape Committee, the Planning Board and Township Committee.

The Township Committee may designate and appoint a Deputy Tree Conservation Officer to perform some or all of the duties of the Tree Conservation Officer when he or she is unavailable to perform the duties and responsibilities described above.

Every application for a tree removal permit shall be made on a form which may be obtained at the office of the Township Construction Official. Each application shall state: the name, address and telephone number of the applicant; if the applicant is not an individual, the name, address and telephone number of the person in charge of the proposed removal shall be given; the name and address of the owner of the undeveloped lot upon which the proposed removal will be performed; the name and address of the person who will actually perform the proposed removal; and the tax map block and lot number and street address of the undeveloped lot upon which the tree proposed to be removed is located Each application shall include a brief statement of the particular circumstances, conditions or reasons necessitating the removal of the tree or trees.

Unless the tree or trees can be suitably identified and located by description, the application shall be accompanied by a dimensioned lot diagram with a scale of not less than one (1) inch equals thirty (30) feet showing the location of the tree or trees proposed to be removed. In the event that the removal of a tree or trees is proposed by reason of the contemplated construction of a building on the undeveloped lot, then the drawing shall consist of a survey of the lot showing the dimensions and distances from lot lines, the proposed location of the building foundation, access driveway, lawn and other special use areas from which it is proposed that trees will be removed as well as proposed changes in grades that will require the removal of any trees. In the event that a drawing is larger than 11 inches, six (6) copies of the drawing shall be submitted with the application.

A separate application form and a separate description, drawing or survey shall be submitted for each undeveloped lot. An application shall be considered as filed when it has been properly completed and delivered to the Tree Preservation and Landscape Committee with the fee required by section 23-9 of this chapter.

The Tree Preservation and Landscape Committee shall give due consideration to the following objectives in reviewing applications for tree removal permits:

a. A healthy historic tree, or an endangered species or specimen tree shall be preserved to the extent reasonably possible by the modification of lot development plans.

b. Mature, healthy trees with desirable characteristics shall be removed only when necessary to provide a suitable site for a building, an access driveway, appropriate lawn and garden areas and other essential uses, to permit the installation of underground pipelines and utilities, including an individual subsurface sewage disposal system, or to meet the provisions of a subdivision improvement plan or site development plan approved by an Approving Authority. In the case of a single-family dwelling, the term "suitable site for a building" shall include the building foundation and any land within fifteen (15) feet thereof.

c. Natural screening between buildings on contiguous lots should be maintained to as great an extent as possible.

d. Trees which will be adversely affected by necessary changes in grade from which they cannot reasonably be protected should be removed.

e. Trees infected with contagious disease should be removed.

f. Dead or storm-damaged trees within fifty (50) feet of a proposed building foundation or between a proposed building foundation and a street should be removed.

g. Trees which are likely to adversely affect other more desirable trees may be removed.

In acting upon applications, the Tree Preservation and Landscape Committee may weigh hardship or difficulty which would be caused to an applicant by the retention of a tree against the value of such retention.

The Tree Preservation and Landscape Committee shall act upon every application for a tree removal permit within twenty (20) calendar days after it is filed. Upon failure of the Tree Preservation and Landscape Committee to act within such period of time the application shall be deemed to have been approved as submitted for all purposes of this Chapter.

In the event that the Tree Preservation and Landscape Committee shall disapprove any application in whole or in part, the reasons for such disapproval shall be endorsed upon the application and a copy shall be returned to the applicant.

The Tree Preservation and Landscape Committee 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 a well or wells of specified dimensions as provided by subsection 23-4.4 for a particular tree or trees not to be removed. The Tree Preservation and Landscape Committee 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 a dead, diseased or storm-damaged tree or trees and the pruning or trimming of trees which are not removed may be required.

Whenever the Tree Preservation and Landscape Committee shall approve an application for a tree removal permit in whole or in part, the Committee shall issue a tree removal permit in accordance with the terms of the approval together with a copy of the application bearing the endorsement of the Committee. In the event that the Tree Preservation and Landscape Committee shall disapprove an application in its entirety, the Committee shall furnish the applicant with a copy of the application bearing the endorsement of the Committee and the reasons for disapproval as required by subsection 23-7.3. If the Tree Preservation and Landscape Committee shall fail to act on an application for a tree removal permit within twenty (20) days after the submission of the application, the Committee shall issue a tree removal permit as though the application had been approved in its entirety.

The Township Construction Official shall not issue a construction permit for an undeveloped lot or a demolition permit for any single family dwelling until a tree removal permit has been issued by the Tree Preservation and Landscape Committee for such lot or building or the Tree Preservation and Landscape Committee has advised the Township Construction Official in writing that a tree removal permit is not required to be issued in accordance with the provisions of this Chapter.

Landscape plans shall be submitted as part of the application for Subdivision and Site Plan approval by the Approving Authority. One (1) copy of the application package including the Landscape Plan shall be submitted to the Tree Preservation and Landscape Committee for review, comment and recommendation.

The Tree Preservation and Landscape Committee shall review and submit written recommendations to the Approving Authority within thirty (30) days of receipt of the Landscape Plan. The Approving Authority shall not act on any application for Subdivision or Site Plan unless and until written recommendations by the Tree Preservation and Landscape Committee, for each Landscape Plan, has been received.

Landscape Plans, plant material schedules, and specifications shall be prepared by a licensed New Jersey landscape architect. This requirement may be waived by the Approving Authority in connection with applications for approval of minor site plans or minor subdivisions.

An aggregate of one (1) tree and two (2) shrubs shall be provided for each 50 linear feet of street frontage as calculated for one or two sides of the street, dependent upon frontage of the development tract upon one or both sides of the street.

No required landscaping shall be planted within any street right-of-way. Al landscaping shall be placed in a planting area, within twenty five (25) feet of the street right-of-way line. Landscaping shall be in accordance with a plan and a plant material schedule which shall complement native vegetation and streetscape, and shall be predicated on plant clusters rather than linear alignment.

The number of required trees as calculated pursuant to Subsection 23-8.4 above, may be reduced by up to fifty (50) percent where existing trees are acceptable to the Approving Authority and located within the designated planting area. Existing trees proposed to remain in order to qualify for credit, shall be delineated and identified on the landscape plan.

The Approved Plant List, dated September 2001, as provided in Appendix A of this Chapter shall be used as a guide for all plant material employed.

A fee of $50.00 shall be paid to the Township at the time of the filing of each application for a tree removal permit for an undeveloped lot.

The fee required by subsection 23-9.1 is to cover municipal expenses arising out of the review of an application and inspection of the undeveloped lot which is the subject of the application. No fee shall be refunded to an applicant by reason of the disapproval in whole or in part of any application.

The cost of review by the Tree Preservation and Landscape Committee of all Landscape Plans is included in the fee for Subdivision and Site Plan applications.

No additional fee for Landscape Plan review shall be required.

The Tree Preservation and Landscape Committee may order any tree work or other activity which is carried on in violation of any tree removal permit or in violation of any provision of this Chapter to be stopped forthwith. The order shall be issued in writing and shall specify the work or activity which is in violation of the permit or any provision of this Chapter. A copy of the order shall be served upon any person engaged in tree work upon the subject lot. If no such person is present upon the lot then the order shall be served upon the person to whom a tree removal permit was issued for the lot. If no permit has been issued for the lot, then the order shall be served upon the owner of the lot. Thereafter, no work shall be performed upon such lot unless such work is performed in compliance with all of the provisions of this Chapter.

In the event that any tree which is not permitted to be removed pursuant to a tree removal permit is fatally injured, felled, destroyed or removed on any undeveloped lot within the Township, the Tree Preservation and Landscape Committee may issue an order in writing to the owner of the lot, upon which such tree is or was located directing that such tree, including its stump, shall be entirely removed and that such tree shall be replaced by a tree or trees of equivalent environmental value as determined by the Tree Preservation and Landscape Committee in accordance with the current International Shade Tree Evaluation Chart. A replacement tree shall have a diameter of no less than two (2) inches measured at a point four (4) feet above the top of the ball of the tree and shall be planted in accordance with "Standard Construction Details, Township of Mendham". The number of replacement trees shall be based upon the diameter of the tree removed, with one (1) replacement tree being planted for each twelve (12) diameter inches or part thereof of the tree which was improperly removed. The order of the Tree Preservation and Landscape Committee shall specify a reasonable time within which such removal and any replacement, if required, shall be accomplished by the owner of the lot. Any replacement tree which does not survive for one (1) full growing season or one (1) full calendar year after planting, whichever is the longer period of time, shall be replaced in kind. At the time that an initial replacement tree is planted, the owner of the lot shall provide a guarantee to the Township in the amount of $200.00 for each replacement tree. Such guarantee shall be released upon a finding by the Tree Preservation and Landscape Committee that the requirements of this subsection have been satisfied.

In the event that any tree which is not permitted to be removed pursuant to a tree removal permit is injured during work on an undeveloped lot within the Township, such tree shall be promptly treated in a manner approved by the Tree Preservation and Landscape Committee in accordance with accepted tree care practices.

Any person removing a tree from any undeveloped lot shall dispose of such tree, together with its stump, in a manner which meets all requirements of law for the disposition of such solid waste. Tree parts and stumps shall not be buried or discarded on any property within the Township.

Any person who claims to be aggrieved by any action of the Tree Preservation and Landscape Committee pursuant to any of the provisions of Sections 23-7, 23-10 or 23-11 shall have the right to appeal to the Township Committee within fifteen (15) days after the action complained of. The appeal shall be made by filing with the Township Clerk a written statement setting forth the action complained of and the grounds of appeal. The Township committee shall set a time and place for the hearing of the appeal, which hearing shall be held within twenty (20) days after the filing of the appeal, and notice of the hearing shall be given to the appellant by the Township Clerk. At the hearing the appellant and his or its attorney may present evidence, including the testimony of witnesses. The Township Clerk shall keep minutes of the hearing and copies of the documents or exhibits referred to, if any.

Within ten (10) days after the completion of the hearing the action taken by the Tree Preservation and Landscape Committee shall be affirmed, modified or reversed by the Township Committee by a recorded vote of a majority of all the members thereof. The findings and reasons for the disposition of the appeal shall be stated on the records of the Township Committee and a copy shall be given to the appellant by the Township Clerk. A copy shall also be forwarded to the Tree Preservation and Landscape Committee.

Whenever any notice or order is required under the provisions of this Chapter to be given to or served upon any person, such notice may be hand delivered to such person or may be mailed by certified mail addressed to the person to be notified at the address set forth in an application filed by such person with the Tree Preservation and Landscape Committee. In the absence of such an address, the address of the person as set forth in the Township shall be served personally upon the Township Clerk or mailed by certified mail addressed to the Township Clerk at the Township hall.

Any person who violates any provision of Sections 23-3 or 23-4 of this Chapter and any person who shall fail to comply with an order issued pursuant to Sections 23-10 or 23-11 of this Chapter or the terms and conditions of any tree removal permit issued pursuant to this Chapter shall be subject to a fine of not more than $1,000.00 for each and every offense.

In the event of violations involving more than one undeveloped lot, a violation as to each such lot shall be considered to be a separate offense.

Any provision of any ordinance which is inconsistent with any provision of this Chapter is hereby repealed to the extent of such inconsistency.

If any section, subsection, paragraph or clause of this Chapter shall be held to be invalid by a court of competent jurisdiction, such adjudication shall apply only to the section, subsection, paragraph or clause so adjudged and the remainder of this Chapter shall remain valid and effective.

(Subsection 23-8.7)

APPROVED PLANT LIST