The Township of Howell finds that there are increasing incidents within the Township of the indiscriminate cutting and removal of trees. Little or no consideration is given by many persons involved in tree-cutting activities to the preservation and maintenance of woodlands and wooded areas and the many environmental and aesthetic benefits which flow from their conservation and management. The Township Council finds that a continuation of these practices will result in the degradation of the environment of the Township generally as well as creating problems of increased water runoff, soil instability and erosion on particular lots upon which unplanned tree removal takes place and upon the lands which adjoin them. It is the intention of this article to protect the property, health and general welfare of the citizens of the Township of Howell by requiring the careful planning of any tree removal project which falls within its purview while allowing for such tree removal to take place in a managed manner.

With an ever-growing population in the Township, it is essential to our citizens to remove pollution from our air. It takes approximately 20 mature trees to clean the air gases produced from vehicular traffic consuming five gallons of gasoline. Healthy trees greatly assist in the battle against air pollution since most tree foliage traps dust and soot particles until the rain washes them away. Trees also consume carbon dioxide, a by-product of the combustion of organic fuel materials. Properly planted and nurtured trees contribute to the creation of sound barriers to help in the reduction of the noise level made by vehicular traffic.

Commercial nurseries and fruit orchards and farms.

Christmas tree plantings and farms.

Properties devoted to the practice of silviculture.

Removal of trees by homeowner which are dead, dying or diseased or trees which suffered severe damage or any tree or trees whose angle or growth makes them a hazard to structures or human life.

Pruning and removal of trees by utility companies to provide for line clearance of utility wires.

Approved game management practice and habitat programs as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife, National Resource Commission or similar agency.

Residential home site lot/lots of one acre or less subject to any easements or buffer restrictions existing or affecting the lot.

All properties operated as municipal or county golf courses, and properties operated by state, county, or municipal governments for parks, recreation or open space.

Damage from electrical wires. Any person, firm or corporation having control over any wire for transmission of electrical current along a public highway shall at all times guard all trees through which or near which such wires pass against any injury from wires or from electrical current carried by them. The device or means used shall in every case be subject to the approval of the administrative officer and the local utility.

Protection from injurious chemicals. No person, firm or corporation shall permit any brine, gas or injurious chemical to come into contact with the stem or roots of any tree or shrub upon a public highway, street or road or upon Township property.

Injury by animals. No person, firm or corporation shall hitch or fasten an animal to any tree on a public highway or to any guard or support provided for same.

Permission required for certain acts. No person shall do or cause to be done upon trees in any right-of-way, Township open space, public street, road or highway within the Township without first obtaining written permission from the Director of Public Works or the administrative officer any of the following acts:

Trees in public highways. No trees are permitted to be planted in the Township, county or state right-of-way. Where a person desires to control the growth of existing trees on a public highway, street or road or right-of-way by removing them or pruning the trees, then the person shall contact the Director of Public Works and request the work to be performed.

Destruction of trees/easement markers.

Tree preservation standards.

Right-of-way utility vegetation clearing/management and woody plant pruning and removal. It is important for the health and safety of the community that utility rights-of-way be maintained. Utilities may be underground or overhead, and it is important that vegetation not be planted too close to these utilities. It is recognized that trees are a leading cause of electrical power outages, and trees that touch power lines can be very dangerous or deadly. It is therefore the policy of Howell Township to ensure that vegetation is maintained or removed at a safe distance from utilities' rights-of-way. The safe distance spacing standards are set by the utilities. Pruning techniques will adhere to standards developed by the National Arborist Association. Howell Township relies on the specific utility's professional certified maintenance crews to maintain vegetation at a safe distance. Howell Township in no way recommends or encourages that a homeowner or an agent of the homeowner maintain or perform tree pruning or removal in a utility right-of-way on his own. Any complaints or issues regarding these rights-of-way should be directed to the Township to be resolved. It is the policy of the Township to allow the certified agents of a utility to maintain the right-of-way, including the complete removal of trees, shrubs, and/or vegetation by cutting, pruning or herbicide application by a certified applicator. It is the policy of the Township not to plant or encourage the growth of trees indiscriminately on utility rights-of-way. A list of trees and woody plants that can grow under power lines, called "Low Growing Trees and Shrubs," can be used with the written permission of the Engineering Department.

Interference with lawful work. No person, firm or corporation shall prevent, delay or interfere with lawful work undertaken hereunder by the Director of Public Works or other employees of the Township.

Removal of trees authorized. The Director of Public Works in consultation with the Township-certified tree expert, state-certified forester or Township Manager shall have the power to do the following:

Procedures for obtaining a tree removal permit and management plan approval for properties not exempted under this article.

Tree management plan application and permit for development requiring subdivision or site plan approval.

Tree removal permit for tree management plans approved by land use boards.

For trees over four-inch caliper and under eight-inch DBH. For trees with a DBH equal to or greater than four inches and less than eight inches, replacement shall be based upon the percentage of the trees removed as set forth below:

For trees over eight-inch DBH and under sixteen-inch DBH. For trees with a DBH equal to or greater than eight inches and less than 16 inches, replacement shall be two trees for each tree removed. The tree replacement size shall be a minimum size of two-and-one-half-inch caliper.

For trees over sixteen-inch DBH. For trees with a DBH equal to or greater than 16 inches, each removed tree shall be replaced with the size and the amount of trees set forth below:

Appropriate species. The species or type of replacement tree and the mix of replacement tree types (deciduous, conifer) shall be selected from the species removed from the tract under consideration or from an approved list of trees, including shade trees, ornamental trees and conifers, as recommended by the approving board and its professionals. All trees shall be nursery certified and installed as follows:

For lots less than 10% wooded. On parcels to be developed where less than 10% of site is wooded, in addition to any trees that must be replaced or provided under this article, there shall be required the addition of one two-and-one-half-inch (minimum) caliper tree for every 1,000 square feet of impervious coverage. Street shade trees required for right-of-way may not be credited toward this requirement.

Credit for replacement trees. Except where specifically prohibited, any trees required by a landscaping plan may be credited toward the number of replacement trees at the discretion of the appropriate Township official. However, the purpose and intention of this article shall be taken into consideration in granting this credit. No credit shall be granted for street shade trees required under this article.

On-site replacement trees. All required replacement trees shall be planted on the site from which trees were removed if possible. A waiver from any portion or all of the required on-site replacement may be granted by the approving board and shall be based upon documented practical physical difficulties and undue hardship related to conditions of the site from which trees are to be removed. The comments and recommendations of the Board Engineer in consultation with the Licensed Tree Expert, Shade Tree Commission and Environmental Commission shall be solicited in determining whether the requested waiver is required.

Off-site replacement trees. In lieu of replanting trees on the removal site, applicants shall have the option of planting replacement trees of type(s) selected by the Licensed Tree Expert from the approved list of trees contained in this article at an off-site location chosen by the board in jurisdiction in consultation with the Licensed Tree Expert, Shade Tree Commission and Environmental Commission. Such off-site locations shall be restricted to Township-owned public property, including but not limited to public parks and public buildings.

Township Tree Fund. In the alternative, should the quantity of the trees to be removed be greater than the tree replacement/landscaping plan due to limited available planting area, the applicant may make contribution to be deposited in the Township Tree Fund as established by this article. The contribution, in lieu of planting of trees, shall be $400 per tree. Contribution from the applicant shall not exceed the total sum of $45,000 per developed acre.

There shall be no clear-cutting permitted on slopes of 10% or greater in grade; however, selective cutting or thinning is permitted.

There shall be no clear-cutting permitted within new or proposed major subdivisions unless otherwise stated in this article or by the approving board.

All portions of a lot which are clear-cut, where the land thereby cleared has not been placed into agricultural or horticultural use within the required six-month time period, shall be replanted in accordance with § 188-194.

There shall be a fee as set forth in Chapter 139, Fees, for applications under § 188-193A(2). If the tree removal permit involves any other type of land use permit (i.e., deck, pool, etc.), no additional fees will be required. Upon receipt of a complete application, the Administrative Officer shall approve or deny said application within 10 calendar days.

Where the applicant is seeking a tree removal permit and management plan approval under § 188-193B, the application fee shall be as set forth in Chapter 139, Fees, in addition to all other fees required by § 188-167.

Dedication of funds. All funds collected as contribution in lieu of replanting shall be deposited in a dedicated account clearly designated as the Township Tree Fund. All funds so deposited shall be used for the:

Administration of funds. The tree fund shall be administered by the Chief Financial Officer, who shall report to the Township Council and the Shade Tree Commission on a quarterly basis detailing the use of the fund.

Affirm the decision of the administrative officer.

Overrule the decisions of the administrative officer and direct that a tree removal permit be issued.

Overrule the decision of the administrative officer denying the permit but conditioning the issuance of said permit upon the satisfaction of such conditions as the Planning Board shall impose.

In special circumstances and upon a showing of good cause by the applicant, waive a requirement of this article where said waiver will not frustrate the basic intent and purpose of this article.

Each tree cut, damaged or destroyed in violation of this article shall be deemed to be a separate and distinct violation. Any person convicted of violating any of the provisions of this article shall be liable for a penalty of not more than $1,000 per violation or imprisonment in the county jail for no more than 90 days, or both, at the discretion of the court having jurisdiction over this matter.

In addition, the Township may institute and maintain a civil suit in chancery for injunctive relief to enforce the provisions of this article. The Township may also require the replacement of illegally removed trees with trees of similar species or an appropriate contribution for same as set forth in other sections of this article.

The issuance of a stop-work order and a summons by the administrative officer or designee may be issued for inappropriate or illegal tree removal activities upon recommendation of the Township Certified Tree Expert, a state-certified forester or Township official.

If the Township requires a mitigation plan for the illegally removed trees, the applicant shall post a cash guarantee covering 15% of the cost of the tree replacement plan, including labor at the time of issuance of the tree removal permit. The guarantee shall be held for two growing seasons after the cessation of construction or land disturbance on the site. If any of the trees require replacement, the applicant must replace the damaged or diseased trees. If the applicant fails to replace the trees, funds shall be used to replace trees which die or are damaged during this two-year growing season period. Any unused funds shall be returned to the applicant at the end of the two-year period. The cash guarantee estimate shall be prepared by the Township Engineer.