Plumsted City Zoning Code
§ 15-5.25
Tree Removal-Replacement.
[Added 12-7-2023 by Ord. No. 2023-22]
a.
Purpose. To establish requirements for tree removal and replacement in the Township of Plumsted to reduce soil erosion and pollutant runoff, promote infiltration of rainwater in 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
Definitions. 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 word "shall" is always mandatory and not merely directory.
Any person, as defined below, who applies for approval to remove trees regulated under this subsection.
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 six-inch DBH would have a CRR = six inches x 1.5 feet = nine feet.
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.
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 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 adjacent to the portion of the street reserved for vehicular traffic the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk.
An individual who resides on the residential property where a tree(s) regulated by this subsection 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.
c.
Regulated Activities.
1.
Tree Replacement Requirements.
(a)
Any person who removes one or more street trees with a DBH of 2.5 inches or more, unless exempt under paragraph d, shall be subject to the requirements of the Tree Replacement Requirements Table below.
(b)
Any person, other than a resident, who removes one or more trees(s) with a DBH of six inches or more per acre, unless exempt under paragraph d, 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 A (the municipality provided tree list).[1] 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 A) |
1 | DBH of 2.5 inches (for street trees) or 6 feet (for non-street trees) to 12.99 inches | Replant 1 tree with a minimum tree caliper of 1.5 inches for each tree removed |
2 | DBH of 13 inches to 22.99 inches | Replant 2 trees with minimum tree calipers of 1.5 inches for each tree removed |
3 | DBH of 23 inches to 32.99 inches | Replant 3 trees with minimum tree calipers of 1.5 inches for each tree removed |
4 | DBH of 33 inches or greater | Replant 4 trees with minimum tree calipers of 1.5 inches for each tree removed |
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
2.
Replacement Alternatives:
d.
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 (the municipality shall define what "proper justification" is such as photos or statements from NJ licensed tree expert as per N.J.S.A. 45:15C-11 or arborist):
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 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 cleanup, 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.
e.
Enforcement. This subsection shall be enforced by the Police Department, the Construction Code Official or the Code Enforcement Officer of the Township of Plumsted during the course of ordinary enforcement duties.
f.
Penalties. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to a fine of not less than $100 nor more than $1,000, by imprisonment for a term not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service as determined in the discretion of the Municipal Court Judge.