Borough of Hamburg, NJ Trees

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

§ 201-2 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" means the requirement is always mandatory and not merely directory.

CRITICAL ROOT RADIUS (CRR)

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 of six inches times 1.5 feet equals nine feet.

DIAMETER AT BREAST HEIGHT (DBH)

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.

HAZARD 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.

PERSON

Any individual, resident, corporation, utility, company, partnership, firm, or association.

PLANTING STRIP

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.

RESIDENT

An individual who resides on the residential property where a tree(s) regulated by this article is removed or proposed to be removed.

STREET TREE

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, and pedestrian refuges.

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 CALIPER

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.

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, 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.

§ 201-3 Regulated activities.

Tree replacement requirements.

(1)

Any person who removes one or more street tree(s) with a DBH of 2.5 inches or more, unless exempt under § 201-4, shall be subject to the requirements of the Tree Replacement Requirements Table below.

(2)

Any person, other than a resident, who removes one or more tree(s) with a DBH of six inches or more per acre, unless exempt under § 201-4, 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.

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 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

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 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 $200 per tree removed. This fee shall be placed into a fund dedicated to tree planting and continued maintenance of the trees.

§ 201-4 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. Justification shall be in the form of a certification from NJ licensed tree expert as per NJ Statue 45:15C-11[1] or arborist.

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 3 trees from category 1 are removed in July 2023, the 'count' resets to zero in July 2028. However, if 1 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;

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 that is active and on file with the municipality;

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;

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;

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

[1]

Editor's Note: See N.J.S.A. 45:15C-11 et seq.

§ 201-5 Enforcement.

This article shall be enforced by the Police Department and/or other Municipal Officials of the Borough of Hamburg during the course of ordinary enforcement duties.

§ 201-6 Violations and penalties.

Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine of $500 per tree.

§ 201-7 Severability.

Each section, subsection, sentence, clause, and phrase of this article is declared to be an independent section, subsection, sentence, clause, and phrase, and finding or holding of any such portion of this article to be unconstitutional, void, or ineffective for any cause or reason shall not affect any other portion of this article.

§ 201-8 When effective.

This article shall be in full force and effect from and after its adoption and any publication as may be required by law.