A chapter to establish requirements for tree removal and replacement in the city to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare.

(Ord. No. 5970, § 1, 3-26-2024)

For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter 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.

"Abutting property owner" means the owner of a parcel of real property which fronts on any portion of the sidewalk area between the property line of the parcel and the street line.

"Critical root radius (CRR)" 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 one and one-half (1.5) feet. For example: a tree with a six-inch DBH would have a CRR = 6"x1.5' = 9'.

"Diameter at breast height (DBH)" means the diameter of the trunk of a mature tree generally measured at a point four and one-half (4.5) feet above ground level from the uphill side of the tree. For species of trees where the main trunk divides below the four and one-half-foot height, the DBH shall be measured at the highest point before any division.

"Hazard tree" 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.

1.

Has an infectious disease or insect infestation; and

2.

Is dead or dying; and

3.

Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective; and

4.

Is causing obvious damage to structures (such as building foundations, etc.); or

5.

Is determined to be a threat to public health, safety, and/or welfare by a certified arborist or licensed tree expert (LTE).

"Person" means any individual, resident, corporation, utility, company, partnership, firm, or association.

"Planting strip" means the part of a street right-of-way between the sidewalk 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 when sidewalk is not present.

"Resident" 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 chapter is removed or proposed to be removed.

"Street tree" means a tree planted in the sidewalk or planting strip. This also includes trees planted in planting strips within the roadway right-of-way, i.e., islands, medians, pedestrian refuges.

"Tree" 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.

"Tree caliper" means the diameter of the trunk of a young tree, measured six (6) inches from the soil line. For young trees whose caliper exceeds four (4) inches, the measurement is taken twelve (12) inches above the soil line.

"Tree removal" 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.

"Tree well" means the pervious area immediately around the base of a street tree.

(Ord. No. 5970, § 2, 3-26-2024)

A.

Tree Replacement Requirements.

1.

Only the city or other governmental agency having jurisdiction over the applicable right-of-way shall remove street trees, removal of street trees other persons is prohibited unless specifically authorized by the right-of-way owner. Any person who removes one or more street tree(s) with a DBH of two and one-half (2.5) inches or more, unless exempt under section 17.45.040, shall be subject to the requirements of the tree replacement requirements table below.

2.

Any person, who removes one or more tree(s), defined as tree removal, with a DBH of six (6) inches or more per acre, unless otherwise detailed under section 17.45.040, shall be subject to the requirements of the tree replacement requirements table.

A list of trees that shall not be used as replacement trees is maintained by the New Jersey Invasive Species Strike Team and the 2023 list is included in Appendix A of the ordinance from which this chapter derives for reference. This list is updated from time to time and the most current version of this list shall be referenced at the time of planting which can be found at https://www.fohvos.info/invasive-species-strike-team/fact-sheets/ or on file in the office of the city engineer.

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 twelve (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 (2) years to ensure their survival and shall be replaced as needed within twelve (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

B.

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 person shall do one of the following:

a.

Plant replacement trees in a separate area(s) approved by the municipality.

b.

Pay a fee of five hundred dollars ($500.00) per tree removed. This fee shall be placed into a fund dedicated to tree planting and continued maintenance of the trees.

C.

Maintenance of Street Trees.

1.

The abutting property owner is responsible for the upkeep and maintenance of the tree well including but not limited to removal of weeds and debris.

2.

The abutting property is allowed to perform light pruning of street trees to remove low hanging branches (less than seven (7) feet above grade) and any suckers growing around the bottom of the tree's trunk.

(Ord. No. 5970, § 3, 3-26-2024)

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" is consists of photos and statements from a NJ licensed tree expert as per NJ Statue 45:15C-11 or arborist.:

A.

Residents who remove less than four (4) 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 (3) trees from category 1 are removed in July 2023, the 'count' resets to zero (0) 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.)

B.

Tree farms in active operation, nurseries, fruit orchards, and garden centers; and

C.

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; and

D.

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.

E.

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; and

F.

Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife; and

G.

Hazard trees may be removed with no fee or replacement requirement.

(Ord. No. 5970, § 4, 3-26-2024)

This chapter shall be enforced by the zoning officer and public works inspector during the course of ordinary enforcement duties.

(Ord. No. 5970, § 5, 3-26-2024)

Any person(s) who is found to be in violation of the provisions of this chapter shall be subject to a fine of one thousand dollars ($1,000.00) per tree.

(Ord. No. 5970, § 6, 3-26-2024)