[HISTORY: Adopted by the City Council of
the City of Somers Point5-9-2024 by Ord. No. 12-2024.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 242,
Trees, which consisted of Art I, Protection, adopted 6-12-1925 (Ch. 99, Art. I, of 1967 compilation), as amended; and Art. II, Visibility at Intersections, adopted 2-26-1970 as Ord. No. 4-1970 (Ch. 99, Art. IV, of 1967 compilation)
as amended.
In recognition that trees contribute significantly to the character
of Somers Point aesthetically, promote the environmental integrity
of the community by providing natural habitats, moderating temperatures,
filtering stormwater, and reducing erosion, as well as protect and
preserve the environment and promote public health, safety and welfare,
the purpose of this article is to establish requirements for tree
removal and replacement within the City.
For purposes of Chapter 242 of the Code, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this ordinance 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.
Any "person," as defined below, who applies for approval
to remove trees regulated under this article.
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 diameter at breast height (DBH) would have
a CRR equals six inches by 1.5 feet equals 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. 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.
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; If this determination is not easily observable,
a report documenting the specimen's condition by a certified
arborist or a licensed tree expert (LTE) should be submitted by the
applicant to support this claim.
Obstructs the view of traffic signs or the free passage of pedestrians,
bicycles 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 person or group of persons, firm, corporation or officer
thereof, partnership, limited liability company, association or trust
who owns, operates, exercises control over, or is in charge of a property.
The ownership records of the County of Atlantic Clerk's office
used for property tax purposes shall be conclusive evidence of the
ownership of property regulated pursuant to this article.
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.
An individual who resides on the residential property where
a tree regulated by this ordinance is removed or proposed to be removed.
A woody plant which is smaller than a tree which has several
main stems arising at or near the ground. This term also includes
what is commonly referred to as bushes and/or hedges.
A tree planted in the sidewalk, planting strip, and/or in
the public right-of-way adjacent to 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, etc.
A woody perennial plant, typically having a single stem or
trunk having a minimum DBH of six inches 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.
A.
Application process:
(1)
Any owner or resident, or a contractor acting on their, or their
agent's behalf, planning to engage in the removal of a street
tree, with DBH of 2.5 inches or more shall submit a construction application
permit. No tree shall be removed until the application has been reviewed
and approved by either the City's Construction or Zoning Official,
or Code Enforcement Officer.
(2)
Any owner, resident or developer, or a contractor acting on their, or their agent's behalf, seeking approval from either the City's Planning Board or Zoning Board of Adjustment for purposes of seeking to enhance, develop or redevelop property or properties involving tree removal, as that term is defined herein, unless otherwise exempt under § 242-4, shall complete and submit with the application the following:
(a)
An inventory as to the type, size (DBH) and location of trees
proposed for removal that exceed two-and-one-half-inch DBH within
the public right-of-way and six-inch DBH outside the public right-of-way
is to be provided.
(b)
In addition, a report accompanied by a plan is to be provided
clearly detailing how the trees and street trees, as defined herein,
are to be replaced.
B.
Tree replacement requirements:
(1)
Any owner, resident, developer, contractor, or agent of same, who engages in a tree removal one or more street tree(s) with a DBH of 2.5 inches or more, unless exempt under § 242-4, shall be subject to the requirements of the Tree Replacement Requirements Table.
(2)
Any person or entity, other than the owner of the property or contractor authorized by the owner, who removes one or more tree(s), with a DBH of six inches or more, unless otherwise exempt under § 242-4, shall be subject to the requirements of the Tree Replacement Requirements Table below.
(3)
The species type and diversity of replacement trees shall be in accordance
with the list provided in Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
C.
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 inches (for nonstreet
trees) to 12.99 inches
|
Replant 1 tree with a minimum tree caliper of 2.0 inches for
each tree removed
|
|
2
|
DBH of 13 inches to 22.99 inches
|
Replant 2 trees with minimum tree calipers of 2.0 inches for
each tree removed
|
|
3
|
DBH of 23 inches to 32.99 inches
|
Replant 3 trees with minimum tree calipers of 2.0 inches for
each tree removed
|
|
4
|
DBH of 33 inches or greater
|
Replant 4 trees with minimum tree calipers of 2.0 inches for
each tree removed
|
D.
Replacement alternatives:
(1)
If the reviewing board and/or Zoning or Construction Official, or
Code Enforcement Officer 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 City
Council for such purposes, or;
(b)
Pay a fee in the amount of $500 per replacement tree. The fee
shall be placed by the City into a fund strictly dedicated to tree
planting and continued maintenance of the trees planted on public
lands throughout the City.
All persons shall comply with the tree replacement standard
outlined above, except in the cases detailed below. Proper justification,
such as recent photographs and/or a report from a certified arborist
or licensed tree expert, shall be provided, to the City by all persons
claiming an exemption.
A.
Residents removing non street trees on a single residential property
that fall into Category 1 and 2 of the Tree Replacement Requirements
Table; however, street trees and nonstreet trees in Categories 3 and
4 being removed are to be replaced in accordance with the Replacement
Table;
B.
Tree farms in active operation, nurseries, fruit orchards, and garden
centers;
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;
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 cleanup, or NJDEP approved habitat enhancement plan;
F.
Approved game management practices, as recommended by the State of
New Jersey Department of Environmental Protection, Division of Fish,
Game and Wildlife;
G.
Hazard trees, unless designated as street trees, may be removed with no replacement. Street tree(s) meeting the definition of hazard trees must be replaced in accordance with § 242-3, unless the construction official determines that the replacement tree(s) will cause a threat to public health, safety, and/or welfare of the public.
H.
Tree removal and replacement activities conducted at a golf course
as part of normal course operation and maintenance activities.
The provisions of this article shall be enforced by the either
the City Engineer, City Construction or Zoning Official, Code Enforcement
Officer and/or City Construction/Zoning Officials during the course
of standard construction review and enforcement duties.
Any person(s) who is found to be in violation of the provisions
of this article shall be subject to a fine not exceeding $1,000, or
to imprisonment for a term not exceeding 90 days, or to a period of
community service not exceeding 90 days, or any combination of the
foregoing. The improper removal of each tree or street tree shall
count as a separate offense.
The owners and residents of property within the City of Somers
Point are required to:
A.
Keep all shrubs, brush, hedges, and other plant life growing within
10 feet of any roadway and within 25 feet of the intersection of two
roadways cut to a height of not more than 2 1/2 feet where it
shall be necessary and expedient for the preservation of the public
safety.
B.
Ensure that all trees, street trees, shrubs, brush, hedges, or other
plant life either in the planting strip or right-of-way alongside
their property, or located on their property, are maintained so as
to not intrude upon, obstruct or restrict the use of any public sidewalk
or roadway.
Any owner or resident in violation of § 242-6, shall, upon 10 days' notice provided by the Construction or Zoning Official, Code Enforcement Officer, or any police officer, provide for the trimming or cutting of the such trees, street trees, shrubs, brush, hedges and/or plant life so as remove the offensive growth.
If said owner or resident shall refuse or neglect to trim or cut the aforementioned trees, street trees, shrubs, brush, hedges and/or other plant life in the manner and within the time provided in § 242-7 above, then any of the City Officials set forth in said section may file a complaint in the Municipal Court of the City of Somers Point against the owner and/or resident for violation of this Article. In addition, the City, by and through its Public Works Department may undertake such action as necessary to ensure that the offensive growth is either trimmed, cut or removed.
Where trees, street trees, shrubs, brush, hedges and/or other plant life are cut from any lands within the City of Somers Point, under § 242-8 hereof, the Head of Public Works shall certify the cost thereof to the City Administrator, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said property. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such property, the same to bear interest at the same rate as other taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
Anyone found guilty of violating this article shall be subject
to a fine not exceeding $1,000 or to imprisonment for a term not exceeding
90 days or to a period of community service not exceeding 90 days,
or any combination of the foregoing.
