Aberdeen Township City Zoning Code
§ 25-5.29
Tree Removal-Replacement.
[Added 6-20-2024 by Ord. No. 22-2024]
a.
An ordinance to establish requirements for tree removal and replacement in the Township of Aberdeen to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare.
b. APPLICANT CRITICAL ROOT RADIUS (CRR) DIAMETER AT BREAST HEIGHT (DBH) HAZARD TREE1. 2. 3. 4. 5. PERSON PLANTING STRIP RESIDENT STREET TREE TREE TREE CALIPER TREE REMOVAL
For the purpose of this subsection, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this subsection clearly demonstrates a different meaning. When consistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The use of the word "shall" means the requirement is always mandatory and not merely directory.
Means any "person," as defined below, who applies for approval to remove trees regulated under this subsection.
Means the zone around the base of a tree where the majority of the root system is found. This zone is calculated by multiplying the diameter at breast height (DBH) of the tree by 1.5 feet. For example: a tree with a 6" DBH would have a CRR = 6"x1.5' = 9'.
Means the diameter of the trunk of a mature tree generally measured at a point 4 1/2 feet above ground level from the uphill side of the tree. For species of trees where the main trunk divides below the 4 1/2 foot height, the DBH shall be measured at the highest point before any division.
Means a tree or limbs thereof that meet one or more of the criteria below. Trees that do not meet any of the criteria below and are proposed to be removed solely for development purposes are not hazard trees. [Municipalities may choose to require a licensed tree expect to make all hazard tree determination].
Has an infectious disease or insect infestation;
Is dead or dying;
Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective;
Is causing obvious damage to structures (such as building foundations, sidewalks, etc.); or
Is determined to be a threat to public health, safety, and/or welfare by a certified arborist or Licensed Tree Expert (LTE).
Means any individual, resident, corporation, utility, company, partnership, firm, or association.
Means the part of a street right-of-way between the public right-of-way and the portion of the street reserved for vehicular traffic or between the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk.
Means an individual who resides on the residential property or contractor hired by the individual who resides on the residential property where a tree(s) regulated by this subsection is removed or proposed to be removed.
Means a tree planted in the sidewalk, planting strip, and/or in the public right-of-way adjacent to (or specified distance from) the portion of the street reserved for vehicular traffic. This also includes trees planted in planting strips within the roadway right-of-way, i.e., islands, medians, pedestrian refuges.
Means a woody perennial plant, typically having a single stem or trunk growing to a considerable height and bearing lateral branches at some distance from the ground.
Means the diameter of the trunk of a young tree, measured six inches from the soil line. For young trees whose caliper exceeds four inches, the measurement is taken 12 inches above the soil line.
Means to kill or to cause irreparable damage that leads to the decline and/or death of a tree. This includes, but is not limited to, excessive pruning, application of substances that are toxic to the tree, over-mulching or improper mulching, and improper grading and/or soil compaction within the critical root radius around the base of the tree that leads to the decline and/or death of a tree. Removal does not include responsible pruning and maintenance of a tree, or the application of treatments intended to manage invasive species.
c.
Optional application process:
1.
Any person planning to remove a street tree, as defined as tree removal, with DBH of 2.5" or more or any non-street tree with DBH of 6" or more on their property shall submit a Tree Removal Application to the Zoning Official. No tree shall be removed until municipal officials have reviewed and approved the removal.
2.
Applicants will be subject to an application fee as per the Table below.
d.
Tree replacement requirements.
1.
Any person who removes one or more street tree(s) with a DBH of 2.5" or more, unless exempt under paragraph g, shall be subject to the requirements of the Tree Replacement Requirements Table below.
2.
Any person, who removes one or more tree(s), as defined as tree removal, with a DBH of 6" or more per acre, unless otherwise detailed under paragraph g, shall be subject to the requirements of the Tree Replacement Requirements Table.
The species type and diversity of replacement trees shall be in accordance with Appendix C.
e.
Replacement tree(s) shall:
1.
Be replaced in kind with a tree that has an equal or greater DBH than tree removed or meet the Tree Replacement Criteria in the table below;
2.
Be planted within 12 months of the date of removal of the original tree(s) or at an alternative date specified by the municipality;
3.
Be monitored by the applicant for a period of two years to ensure their survival and shall be replaced as needed within 12 months; and
4.
Shall not be planted in temporary containers or pots, as these do not count towards tree replacement requirements.
Tree Replacement Requirements Table | |||
|---|---|---|---|
Category | Tree Removed (DBH) | Tree Replacement Criteria (See Appendix C[1]) | Application Fee |
1 | DBH of 2.5" (for street trees) or 6" (for non-street trees) to 12.99" | Replant 1 tree with a minimum tree caliper of 1.5" for each tree removed | $100 |
2 | DBH of 13" to 22.99" | Replant 2 trees with minimum tree calipers of 1.5" for each tree removed | $200 |
3 | DBH of 23" to 32.99" | Replant 3 trees with minimum tree calipers of 1.5" for each tree removed | $300 |
4 | DBH of 33" or greater | Replant 4 trees with minimum tree calipers of 1.5" for each tree removed | $500 |
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
f.
Replacement alternatives:
1.
If the municipality determines that some or all required replacement trees cannot be planted on the property where the tree removal activity occurred, then the applicant shall do one of the following:
g.
Exemptions. All persons shall comply with the tree replacement standard outlined above, except in the cases detailed below. Proper justification shall be provided, in writing, to the municipality by all persons claiming an exemption. Proper justification includes but is not limited to photos or written statements from a New Jersey licensed tree expert or arborist, as per New Jersey Statute 45:15C-11.
1.
Residents who remove less than four trees per acre that fall into category 1, 2, or 3 of the Tree Replacement Requirements Table within a five-year period. The number of trees removed is a rolling count across a five-year period. For example, if three trees from category 1 are removed in July 2023, the "count" resets to zero in July 2028. However, if one tree from category 1 is removed in July 2023 and another in July of 2025 the first tree will come off the count in July 2028 and the second in July 2030.
2.
Tree farms in active operation, nurseries, fruit orchards, and garden centers;
3.
Properties used for the practice of silviculture under an approved forest stewardship or woodland management plan that is active and on file with the municipality;
4.
Any trees removed as part of a municipal or state decommissioning plan. This exemption only includes trees planted as part of the construction and predetermined to be removed in the decommissioning plan.
5.
Any trees removed pursuant to a New Jersey Department of Environmental Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved environmental clean-up, or NJDEP approved habitat enhancement plan;
6.
Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife;
7.
Hazard trees may be removed with no fee or replacement requirement.
h.
Enforcement. This subsection shall be enforced by the Zoning Official during the course of ordinary enforcement duties.
i.
Violations and penalties. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to a fine of $500.
j.
Severability. Each section, subsection, sentence, clause, and phrase of this subsection is declared to be an independent section, subsection, sentence, clause, and phrase, and finding or holding of any such portion of this subsection to be unconstitutional, void, or ineffective for any cause or reason shall not affect any other portion of this subsection.
k.
Effective date. This subsection shall be in full force and effect from and after its adoption and any publication as may be required by law.