Sea Bright, NJ Zoning Ordinance

[Added 4-16-2024 by Ord. No. 05-2024]

§ 130-122 Purpose.

An ordinance to establish requirements for tree removal and replacement and penalties for noncompliance in Sea Bright Borough to protect the environment, public health, safety and welfare.

§ 130-123 Definitions.

For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this article 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" mean the requirement is always mandatory and not merely directory.

APPLICANT

Any "person," as defined below, who applies for approval to remove trees regulated under this article.

DIAMETER AT BREAST HEIGHT (DBH)

The diameter of the trunk of a tree generally measured at a point 4 1/2 feet above ground level from the downhill side of the tree.

HOMEOWNER

A person(s) who owns a residence.

NUISANCE TREE

Any tree, or limb thereof, that has an infectious disease or insect; is dead or dying; obstructs the view of traffic signs or the free passage of pedestrians or vehicles; is causing obvious damage to structures (such as building foundations, sidewalks, etc.); or threatens public health, safety, and welfare.

PERSON

Any individual, corporation, company, partnership, firm, association, political subdivision of this state and any state, interstate or federal agency.

PLANTING STRIP

The part of a street right-of-way between the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk.

STREET TREE

A tree planted in the sidewalk or a planting strip in the public right-of-way.

TREE

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 OF SIGNIFICANCE

Any tree that is recognized by the municipal governing body or local historical organization(s) as being of significance due to its size, unique value, age, rarity, or the aesthetic, botanical, ecological, and historical value.

TREE REMOVAL

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, and improper grading and/or soil compaction 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 tree treatments intended to manage invasive species.

§ 130-124 Regulated activities.

Tree replacement requirements.

(1)

Within a five-year period, any person who removes one or more street tree(s) with a DBH of 2.5 inches or more, unless exempt under § 130-125, shall be subject to the requirements of the Tree Replacement Requirements Table below.

(2)

For non-homeowners: Within a five-year period, any person, other than a homeowner, who removes one or more tree(s) with a DBH of six inches or more per acre, unless exempt under § 130-125, shall be subject to the requirements of the Tree Replacement Requirements Table below.

(3)

For homeowners:

(a)

Within a five-year period, any person that removes more than three trees per acre that fall into categories 1, 2, or 3, combined, or any one tree in categories 4 or 5 in the Tree Replacement Requirements Table below, unless exempt under § 130-125, shall be subject to the requirements of the Tree Replacement Requirements Table below.

(b)

Replacement tree(s) shall meet the required actions in the table below and shall be planted within 12 months of the date of removal of the original tree(s). Replacement tree(s) shall be monitored by the property owner for a period of two years to ensure their survival and shall be replaced as needed within 12 months. Trees planted in temporary containers or pots do not count towards tree replacement requirements. The planting season will be March 15 through June 15 or September 15 through December 15. See Appendix A for replacement tree list.[1]

Tree Replacement Requirements Table
Category	Tree Removed (DBH)	Required Action
1	DBH of 2.5 inches (for street trees) or 6 inches (for other trees) to 12.99 inches	Replant 1 tree in accordance with Appendix A, with a minimum DBH of 1.5 inches for each tree removed
2	DBH of 13 inches to 22.99 inches	Replant 2 trees in accordance with Appendix A, with minimum DBHs of 1.5 inches for each tree removed
3	DBH of 23 inches to 32.99 inches	Replant 3 trees with minimum DBHs of 1.5 inches for each tree removed
4	DBH of 33 inches or greater	Replant 4 trees with minimum DBHs of 1.5 inches for each tree removed
5	Tree of significance	Replant 5 trees with minimum DBHs of 1/5 inch for each tree removed

*	Tree of significance removals shall be approved by the Code Enforcement Officer.

[1]

Editor's Note: Said appendix is included as an attachment to this chapter.

(4)

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:

(a)

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

(b)

Pay a fee of $25 per tree removed. This fee shall be placed into a fund dedicated to tree planting.

§ 130-125 Exemptions.

All persons shall comply with the tree replacement standard outlined above, except in the following cases. Proper justification shall be provided in writing to the municipality by a licensed tree expert or arborist, from all persons claiming an exemption.

Clearing, cutting, and/or removal of trees which is necessary to service, maintain, or ensure the continued safe use of a lawfully existing structure, right-of-way, field, park, and/or garden.

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

Properties used for the practice of silviculture under an approved forest stewardship or woodland management plan;

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;

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

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

§ 130-126 Enforcement.

This article shall be enforced by the Code Enforcement Officer and/or other municipal officials of the Borough of Sea Bright during the course of ordinary enforcement duties.

§ 130-127 Violations and penalties.

Any person(s) who is found to be in violation of the provisions of this article shall be subject to the following:

First offense: Warning issued.

Second offense: $100 fine.