[Adopted 4-1-2024 by Ord. No. 07-2024]
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.
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.
A.
Has an infectious disease or insect infestation;
C.
Obstructs the view of traffic signs or the free passage of pedestrians
or vehicles, where pruning attempts have not been effective;
D.
Is causing obvious damage to structures (such as building foundations,
sidewalks, etc.); or
E.
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.
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 or arborist.
A. 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;
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 clean-up, 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 may be removed with no fee or replacement requirement.
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.
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.
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.
This article shall be in full force and effect from and after
its adoption and any publication as may be required by law.