Hillsborough Township
City Zoning Code
City Zoning Code
ARTICLE IX
Tree Preservation
§ 188-160 Purpose.
It shall be the purpose of this article to preserve and protect the environment, aesthetics and rural character of the Township of Hillsborough by restricting and otherwise controlling the removal of mature trees throughout all land within the Township.
§ 188-161 Definitions.
As used in article, the following terms shall have the meanings indicated:
Any "person" as defined below, who applies for approval to remove trees regulated under this article.
The diameter of a trunk as measured at a height of four feet above grade.
An area of new home construction that includes the portions of a private residential lot reserved for driveways and the actual building foot print plus an additional 40 feet beyond the perimeter of the building footprint and septic field.
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'.
To cut off the branches, top or trunk of a tree.
The diameter of the trunk of a mature tree generally measured at a point four and a half 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.
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:
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).
Any individual, resident, corporation, utility, company, partnership, firm, or association.
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.
To cut off or remove living or dead parts or branches of a tree.
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 article is removed or proposed to be removed.
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.
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.
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.
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.
The plant growth on the ground beneath the canopy, or upper branches of trees.
§ 188-162 Applicability.
A.
The following activities shall be regulated by this article:
(1)
Unless specifically exempted in Subsection B below, it shall be unlawful for any person to remove or cause to remove a street tree with a DBH of 2.5 inches or more or any non-street tree with DBH of six inches or more on their property without first having obtained a Planning Board or Board of Adjustment or a Tree Removal Permit as provided herein.
(2)
Reserved.
(3)
Reserved.
B.
Exemptions. Prior to any tree removal proper justification such as photos, statements from licensed tree expert or arborist shall be provided, in writing, to the municipality by all persons claiming an exemption. The following activities are exempt from the provisions of this article:
(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)
Routine maintenance, such as trimming, that will not adversely affect the lifespan of the tree.
(3)
Removal of trees of any size shown to be dead or diseased or that are otherwise damaged and a threat to the health, safety and welfare of the public. No fee or replacement requirement, unless the trees were planted as part of a Planning Board or Board of Adjustment approval or as part of a municipal street tree planting program.
(4)
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.
(5)
On land zoned for and/or used as a Township approved mine or quarry, removal of any tree located on that portion of land used or to be used for the actual extraction of mine or quarry materials or for a function essential to the actual extraction of mine or quarry materials. Upon termination of the mine or quarry operation, a reclamation plan shall be submitted in accordance with Township Code § 188-108E(7).
(6)
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.
(7)
Tree farms in active operation, nurseries, fruit orchards, and garden centers;
(8)
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;
(9)
Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife;
(10)
Hazard trees may be removed with no fee or replacement requirement, unless the trees were planted as part of a Planning Board or Board of Adjustment approval or as part of a municipal street tree planting program.
§ 188-163 Board approval required.
A.
Planning Board or Board of Adjustment, as the case may be, approval for tree removal shall be required except where otherwise exempted herein. In deciding whether to approve an application for tree removal, the Planning Board or Board of Adjustment, as the case may be, shall consider the following factors:
(1)
Whether the removal of trees is justified and is related to an aesthetic and economic improvement of the land that is in the best interests of the citizens and property owners of the Township of Hillsborough.
(2)
Whether the design of improvements maximizes tree preservation. Tree removal on new residential lots shall be restricted to inside the critical footprint area. Removal of trees outside this area requires a waiver from Planning Board or Board of Adjustment, as the case may be.
(3)
Whether the applicant has attempted to preserve stands of trees and existing understory in logical locations.
(4)
Whether appropriate measures will be taken to protect remaining trees during the construction period.
(5)
Whether the mitigation or tree replacement plan is satisfactory.
B.
Mitigation required. Mitigation for tree removal shall be required in accordance with § 188-164, Mitigation shall be required for the removal of trees on any residentially zoned lot or any non residentially zoned lot in accordance with site plan approval as provided in Subsection A above. However, in no case shall more than up to 20% of all the count of trees on a residential zoned lot or up to 60% of the count of all trees on any nonresidential lot be removed even with mitigation measures. The maximum percentage shall be calculated from November 22, 2000 forward.
C.
Tree preservation plan submission requirements for Planning Board or Board of Adjustment applications. In addition to the standard development application form, the following information shall be required for approval for tree removal:
(1)
A rider explaining why each tree is to be removed.
(2)
A tree preservation plan that depicts:
(a)
The location, species and caliper of all trees to be removed on a surveyed drawing.
(b)
The location, species and caliper of each tree within the dripline of each tree to be removed.
(c)
The quality, quantity and limits of vegetation on the remainder of the site and within 200 feet of the property line.
(d)
The location of existing and proposed structures, including parking areas, detention basins and other stormwater facilities.
(e)
Existing contours and proposed grading.
(f)
Proposed preservation methods of trees to remain.
D.
Variance required. Deviation from the requirements of this article shall require variance approval in accordance with N.J.S.A. 40:55D:70(c).
§ 188-164 Mitigation required.
Replacement trees are required for the removal of any tree as regulated herein.
A.
Permit required.
(1)
Any person planning to remove a street tree, as defined as tree removal, with DBH of 2.5" or more or any nonstreet tree with DBH of 6" or more on their property shall submit a tree removal application to the Township of Hillsborough with a fee of $25. No tree shall be removed until municipal officials have reviewed and approved the removal.
B.
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 § 188-162B, 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 § 188-162B, shall be subject to the requirements of the Tree Replacement Requirements Table.
(3)
Number of replacement trees. Replacement shall be required in accordance with the following schedule, and are exclusive of the shade trees required as per § 188-80:
Tree Replacement Requirements Table: | ||
|---|---|---|
Category | Tree Removed (DBH) | Required Action |
1 | DBH of 2.5" (for street trees) or 6" (for nonstreet trees) to 12.99" | Replant 1 tree with a minimum tree caliper of 1.5" for each tree removed |
2 | DBH of 13" to 22.99" | Replant 2 trees with minimum tree calipers of 1.5" for each tree removed |
3 | DBH of 23" to 32.99" | Replant 3 trees with minimum tree calipers of 1.5" for each tree removed |
4 | DBH of 33" or greater | Replant 4 trees with minimum tree calipers of 1.5" for each tree removed |
C.
Replacement species. Trees shall be replaced with the same species. In the case where the species is known to be disease-prone or is otherwise not ecologically or aesthetically appropriate, other species shall be permitted with the approval of the appropriate board or Township Official.
D.
Planting standards.
(1)
All replacement trees shall be nursery grown, certified and guaranteed and shall have a minimum caliper in accordance with the Tree Replacement Table above.
(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.
(4)
Shall not be planted in temporary containers or pots, as these do not count towards tree replacement requirements.
E.
Off-site contribution. If all required replacement trees cannot be provided on the subject lot(s), an off-site contribution to the Township of Hillsborough of a like number of trees or to a separate area(s) approved by the Township of Hillsborough or cash equivalent ($500 per tree) to be placed in a dedicated fund to be used for the purchase of replacement trees by the Township of Hillsborough or for the purchase equipment for the Township of Hillsborough to plant and/or maintain trees which are purchased by the Township of Hillsborough with these dedicated funds for use on public property and/or public right-of-way shall be considered by the Planning Board or Board of Adjustment, as the case may be.
§ 188-165 Pruning and removal of trees in utility easements.
Pruning and removal of trees in utility easements or rights of way shall be the minimum necessary to protect the property of the applicable utility company. Pruning shall be performed in a manner than will serve to improve the shape of the tree and stimulate growth. The Township Engineer's office shall be informed by the applicable utility company of the time and location of any tree pruning or removal activities in rights-of-way or easements.
§ 188-166 Penalty and enforcement.
A.
Violation of the provisions of this article shall be considered a Class C violation for each tree illegally removed by any person(s) (including tree removal companies and contractors), and for each day the offense continues without mitigation and application for tree removal, as the case may be. A mitigation plan is required to be submitted for corrective action where any violation of the requirements of this article occurs.
B.
This article shall be enforced by the Planning & Zoning Department and Engineering Department or their respective representatives such as the Code Enforcement Officer during the course of ordinary enforcement duties.
C.
Unauthorized work. The Township shall have the authority to issue a stop-work order to cease all ongoing development work and order restoration, rehabilitation or replacement measures at the expense of the owner or other responsible party, as appropriate, in order to compensate for violation of the provisions of this subsection.
D.
Site investigations. The enforcing officer is authorized to make site inspections and take such actions that are necessary in order to enforce the provisions of this article.