[HISTORY: Adopted by the Township Committee of the Township of Pennsauken 3-13-1978 by Ord. No. 78-3 as §§ 78-7, 78-8, 78-9, 78-11 and 78-23 of Ch. 78 of the 1977 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Shade Tree Commission — See Ch. 9, Art. VII.
Brush, grass and weeds — See Ch. 111.
Property maintenance — See Ch. 243.
Maintenance of sidewalk area — See Ch. 273, Art. I.
Weeds — See Ch. 349.
A. 
Except as hereinafter provided, the initial cost of all trees planted by the Shade Tree Commission, the cost of planting the same, the cost of the posts and boxes or guards used for the protection thereof and the cost of the removal of any tree or part thereof dangerous to public safety shall, if the Commission shall so determine in accordance with uniform rules and regulations promulgated for this purpose, be a charge upon the real estate in front of which such tree or trees shall be planted or removed as an improvement thereof. Such cost, if it is so determined that it is to be paid by the owner, shall, unless paid directly to the Commission, be certified by it to the Collector of Taxes of the municipality, shall thereupon become and be a lien upon said real estate, shall be included in the next tax bill rendered to the owner or owners thereof and shall be collected in the same manner as other taxes against that property.
B. 
The provisions of this section shall not apply to:
(1) 
A planting to replace a tree or trees theretofore planted by the Commission.
(2) 
A planting in connection with Arbor Day exercises or other educational demonstrations.
In every case where the property of an abutting owner will be chargeable with the cost of the planting of any shade tree or trees, the Shade Tree Commission shall give notice of the meeting at which it is proposed to consider said planting by publishing the notice at least once, not less than 20 days before the meeting, in a newspaper circulating in the municipality and by personal service of a copy of the notice upon the abutting owner at least 10 days before the meeting. The notice shall specify the street, streets or portions thereof on which such planting is proposed and shall require all persons who may object thereto to present their objections, in writing, at the office of the Commission at or before the meeting. Before final action shall be taken, all objections so filed shall be considered. The Commission shall give reasonable notice of its intention to remove or to cause the removal of a tree or part of a tree dangerous to public safety, unless public safety requires immediate removal, in which case no notice shall be necessary.
A. 
No statute giving any person or state, county or municipal board, body or official the power or authority to lay any sidewalk along or to open, construct, curb or pave any street or to do any similar act shall be construed to permit or authorize any interference with or injury to a highway shade tree without the consent of the Shade Thee Commission within whose jurisdiction such tree shall be located. In all cases, such Commission shall reasonably cooperate with such person, board, body or official for the general public good.
B. 
Nothing contained in this chapter shall be held to take away or diminish any of the powers or authority of any county park commission over the trees or shrubbery in any county park or parkway within its jurisdiction or to give any other commission or board any power or authority with respect to such trees or shrubbery.
[Amended 4-13-1994 by Ord. No. 94-24; 11-18-2013 by Ord. No. 2013:22; 9-6-2017 by Ord. No. 2017:10; 9-19-2019 by Ord. No. 2019:17]
The following list constitutes the official curbside tree species for Pennsauken Township. No species other than those included on this list may be planted as curbside trees without permission of the Shade Tree Commission. (For purposes of this chapter, "curbside" is defined as the area inside the face of the curb and the outside edge of the walkway or property line).
A. 
Under utility wires, in curbside areas 24 inches to 30 inches in width, the following species may be planted:
Latin Name
Common Name
Mature Height
(average)
(feet)
Mature Width
(average)
(feet)
Comments
Acer buergerianum
Trident maple
20
15
Acer griseum
Paperbark maple
20
15
Carpinus betulus fastigiata
Columnar European hornbeam
20
8
Columnar
Prunus autumnalis
Autumn flowering cherry
20
15
Prunus sarg. columnaris
Columnar sargent cherry
20
15
Prunus virginiana
Canada red chokecherry
20
15
Syringa reticulata
Japanese tree lilac
20
15
B. 
Under utility wires, in curbside areas 30 inches to 36 inches in width, any trees from group A, plus the following species may be planted:
Latin Name
Common Name
Mature Height
(average)
(feet)
Mature Width
(average)
(feet)
Comments
Acer campestre
Hedge maple
25
25
Acer leucoderme
Chalkbark maple
25
25
Native SE US
Acer palmatum
Japanese maple
10
10
Acer truncatum
Purpleblow maple
20
20
Amelanchier Autumn Brilliance
Autumn brilliance serviceberry
15
15
Native
Amelanchier Prince Charles
Prince Charles serviceberry
25
20
Native
Amelanchier Princess Diana
Princess Diana servicebery
15
15
Native
Carpinus caroliniana
American hornbeam
20
20
Native
Cercis forest pansy
Forest pansy redbud
20
20
Native
Cercis Ren. Oklahoma
Oklahoma redbud
12
15
Native
Chionanthus virginicus
White fringetree
12
12
Native
Cornus Florida selections
American dogwoods
12 to 30
15 to 30
Native
Cornus Kousa selections
Kousa dogwoods
15 to 30
15 to 30
Tree form
Cornus Rutgers selections
Rutgers dogwoods
15 to 30
15 to 30
Native
Crataegus Winter King
Winter King hawthorn
25
25
Native
Cotinus obovatus
American smoketree
10
15
Native
Lagerstroemia
Crape myrtle
4 to 12
4 to 8
Vase shaped
Maackia amurensis
Amur maackia
20
20
Malus selections
Crabapples
15 to 20
15 to 20
Tree form
Parrotia persica
Persian parrotia
20
20
Prunus cerasifera
Cherry plum
15
15
Prunus kanzan
Kwanzan cherry
25
25
Prunus okame
Okame cherry
20
15
Prunus sargentii
Sargent cherry
20
20
Styrax japonica
Japanese snowbell
20
20
C. 
Under utility wires, in curbside areas greater than 36 inches in width, any trees from groups A and B, plus the following species may be planted:
Latin Name
Common Name
Mature Height
(average)
(feet)
Mature Width
(average)
(feet)
Comments
Acer Henryi
Henry maple
20
30
Acer sac. Newton Sentry
Newton sentry sugar maple
40
10
Acer nikoense
Nikko maple
20
30
Acer rub. October Glory
October glory maple
40
30
Acer rub. Red Sunset
Red sunset maple
40
30
Aesculus car. Briotti
Ruby horse chestnut
30
25
Carpinus betulus
European hornbeam
40
30
Not fastigiata
Gleditsia tri. inermis
Thornless honey locust
30
25
Halesia tetraptera
Carolina silverbell
30
20
Native
Nyssa sylvatica
Black gum tree
30
20
Native
Prunus yedoensis
Yoshino cherry
30
30
Sophora jap. sr. upright
Princeton upright scholar tree
40
30
Sorbus alnifolia
Korean mountain ash
40
20
D. 
In curbside areas greater than 36 inches in width, where there are no utility wires, any trees from groups A, B or C, plus the following species may be planted:
Latin Name
Common Name
Mature Height
(average)
(feet)
Mature Width
(average)
(feet)
Comments
Acer freemanii Armstrong
Armstrong maple
50
10
Acer sacc. Green Mountain
Green mountain sugar maple
40
25
Tilia cordata
Littleleaf linden
50
35
Tilia cordata Greenspire
Greenspire linden
40
35
Quercus phellos
Willow oak
40
25
E. 
In curbside areas greater than 48 inches in width, where there are no utility wires, any trees from groups A, B, C or D, plus the following species may be planted:
Latin Name
Common Name
Mature Height
(average)
(feet)
Mature Width
(average)
(feet)
Comments
Acer saccharum 'Bonfire'
Bonfire sugar maple
60
60
Celtis occidentalis
Hackberry
40
40
Fraxinus penn. seedless
Marshall seedless green ash
50
35
Quercus alba
White oak
50
50
Platanus occidentalis
Sycamore tree
75
75
Native SE U.S.
The trees suggested on the recommended list above are acceptable; however, a potential hazard for sidewalks, water and sewer lines always exists.
[Added 9-19-2019 by Ord. No. 2019:17]
A. 
Landscaping shall be provided as approved by the reviewing board to provide shade, designate entrances, screen parking from roads, buffer utility areas and provide aesthetic interest throughout the year. Along Route 130, a berm and plantings are required to screen parking from the road. The minimum tree size along Route 130 shall be 3 1/2 to four inches in caliper, either 50 feet on center or equivalent.
B. 
Protection of existing plantings. Maximum effort shall be made to save existing plantings (because of size or relative rarity). No material or temporary soil deposits shall be placed within four feet of shrubs or 10 feet of trees designated to be retained. Protective barriers or tree wells shall be installed around each plant and/or group of plants that are to remain on the site. Snow fences and silt fences are examples of acceptable barriers.
C. 
Slope plantings. Landscaping in the area of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than one foot vertically to three feet horizontally shall be planted with ground covers appropriate for the purpose and soil conditions, water availability and environment.
D. 
Additional landscaping. In nonresidential developments, all areas of the site not occupied by buildings and improvements shall be landscaped by the planting of grass or other ground cover, shrubs and trees as part of a site plan approved.
E. 
Only nursery-grown plant materials shall be acceptable; and all trees, shrubs and ground covers shall be planted according to accepted horticultural standards.
F. 
Plant species. The plant species selected should be hardy for the climate zone and appropriate in terms of function and size.
G. 
Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specific plant species through the first growing season, and dead or dying plants shall be replaced by the applicant during the next planting season.
H. 
Parking lot landscaping. In parking lots, at least 5% of the interior parking area shall be landscaped with plantings, and one tree for each 10 spaces shall be installed. Parking lot street frontage screening and perimeter screening shall be a minimum of five feet wide. Planting required within the parking lot is exclusive to other planting requirements.
No tree may be planted closer than:
A. 
Ten feet to a utility pole.
B. 
Seven feet to a fire hydrant.
C. 
Twenty-five feet to an existing tree.
D. 
Twenty feet to a street intersection.
E. 
Seven feet to a water sewer or other underground utilities.
F. 
Seven feet to the widest part of a driveway entrance.
A. 
The Township shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
B. 
The Township Shade Tree Commission may remove or cause or order to be removed any tree or part thereof which is in any unsafe condition or which by reason of its nature is injurious to sewer lines, gas lines, waterlines or other public improvements or is affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners, provided that the selection and location of said trees is in accordance with §§ 289-11 and 289-12 of this chapter.
C. 
The Township Shade Tree Commission and/or the Department of Public Works may remove or cause or order to be removed curbside trees as requested by the property owner, meeting the following criteria:
[Added 9-6-2017 by Ord. No. 2017:10]
(1) 
A minimum of 60% dead.
(2) 
A defect in the structural integrity of the tree, creating a hazard or an unsafe condition.
(3) 
A disease or insect infestation resulting in the death or imminent death of the tree.
(4) 
Base rot or severe root girdling which makes the tree a hazard.
(5) 
Interruption of sewer/water/gas line by root infestation of the curbside tree.
D. 
Requests for tree removal must be directed to the Shade Tree Commission or the Department of Public Works. An agreement must be signed by the residential property owner.
[Added 9-6-2017 by Ord. No. 2017:10]
It shall be unlawful as a normal practice for any person or firm to top any street tree, park tree or other tree on public property. "Topping" is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this chapter at the determination of the Township Shade Tree Commission.
Every owner of any tree overhanging any street or right-of-way within the Township shall prune the branches so that such branches shall not obstruct the view of any street intersection and shall not obstruct the light from any street lamp and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public. The Township shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with visibility of any traffic control device or sign.
[Amended 4-13-1994 by Ord. No. 94-24; 12-2-2009 by Ord. No. 2009:28]
It is the property owner’s responsibility to have all stumps of street trees removed below the surface of the ground within 90 days of removal of the tree so that the top of the stump shall not project above the surface of the ground.
It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating or removing street trees within the Township without first applying for and procuring a license. The license fee shall be $25 annually in advance; provided, however, that no license shall be required of any public service company or Township department doing such work in pursuit of their public service endeavors or private property owner performing work on his or her property or tree limbs that cross his or her property. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $50,000 for bodily injury and $100,000 property damage indemnifying the Township or any person injured or damaged resulting from the pursuit of such endeavors as herein described.
[Amended 4-13-1994 by Ord. No. 94-24]
Trees planted or existing between the curbline and the sidewalk abutting property is owned by and the responsibility of the property owner; subject, however, to the authority of the Shade Tree Commission as provided in this section. The property owner is required to maintain the area between the curbline and the sidewalk as is provided for in § 273-3, Removal of grass, trees and weeds.
All moneys collected in any municipality, either as fines or penalties, for any violation of a rule or regulation of a Shade Tree Commission or as a charge against real estate under any provision of this chapter shall be forthwith paid over to the municipal officer empowered to be the custodian of the funds of the municipality.
Nothing contained in this chapter shall be construed to make any Shade Tree Commission or any member thereof responsible for the death or injury of any person or for any injury to any property or highway tree or shrub.
The Shade Tree Commission is hereby authorized and empowered to promulgate such written rules and regulations as may be necessary, pursuant to statute, for the proper interpretation, administration and enforcement of this basic chapter, provided that such rules and regulations do not conflict with this chapter and conform to the general standards prescribed by this chapter.
A. 
The Commission may prescribe a fine for the violation of each of its ordinances in an amount not exceeding $200 for each violation, and the courts which now or hereafter shall have jurisdiction over actions for the violation of ordinances of the municipality in which the Commission has been or shall be appointed shall have jurisdiction in actions for the violation of such ordinances as the Commission shall enact.
B. 
The ordinances shall be enforced by like proceedings and process, and the practice for the enforcement thereof shall be the same as that provided by law for the enforcement of the ordinances of the municipality in which the Commission exists.
C. 
The officers authorized by law to serve and execute process in the aforementioned courts shall be the officers to serve and execute any process issued out of any court under this chapter.
D. 
A copy of any ordinance of the Commission certified to under the hand of its Secretary or Chairperson shall be received in any court of this state as full and legal proof of the existence of the ordinance and that all requirements of law in relation to the ordaining, publishing and making of the same, so as to make it legal and binding, have been complied with, unless the contrary is shown.
[Added 4-18-2024 by Ord. No. 2024:10; amended 9-19-2024 by Ord. No. 2024:22]
An ordinance to establish requirements for tree removal and replacement in Pennsauken Township 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 ordinance, 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.
APPLICANT
Means any "person", as defined below, who applies for approval to remove trees regulated under this article.
CRITICAL ROOT RADIUS (CRR)
Means 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 = 6" x 1.5' = 9'.
DIAMETER AT BREAST HEIGHT (DBH)
Means 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 4 1/2 foot height, the DBH shall be measured at the highest point before any division.
HAZARD TREE
Means 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;
B. 
Is dead (more than 75%) or dying;
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 licensed tree expert (LTE).
PERSON
Means any individual, resident, corporation, utility, company, partnership, firm, or association.
PLANTING STRIP
Means 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.
RESIDENT
Means an individual who resides on the residential property or contractor hired by the individual who resides on the residential property where a tree(s) regulated by this ordinance is removed or proposed to be removed.
STREET TREE
Means 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.
TREE
Means 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
Means 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
Means 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. 
Tree removal application process:
(1) 
Any person planning to remove a street tree, as defined as tree removal, with DBH of 2.5 inches or more or any non-street tree with DBH of six inches or more on their property shall submit a tree removal application to the Planning and Zoning Office. There is no cost for a resident application. Commercial property owners will have a permit cost of $100. No tree shall be removed until municipal officials have reviewed and approved the removal. For larger scale clearing projects, the Township, in the discretion of the Planning and Zoning Office, may require a tree survey be submitted as part of the application to determine number, sizes, and exemptions of trees.
(2) 
Any person may hire a tree removal company subject to the following:
(a) 
Companies that are contracted to perform the above tree removal services must have the following:
[1] 
Proof of insurance;
[2] 
Certification of a licensed tree expert or licensed tree care operator;
(b) 
In addition, tree removal companies performing tree removal services without proper registration shall result in a $500 fine for the company for each instance. Register with the Pennsauken Building Department at an annual fee of $100.
(c) 
Tree removal companies are required to remove all tree waste when any job they perform is completed. No debris can be left at the curbside, sidewalk and/or the street. Violations will provide a ten-day compliance time frame for wood to be removed unless the situation is or becomes an imminent hazard pursuant to N.J. Administrative Code 5:70-2.16 in which case the violator would have 24 hours to cure the violation and remove all of the tree debris. The penalty for violation of this condition would be subject to the cost for labor, equipment and removal assessed by DPW as well a minimum fine of $500 for first offense enforceable by the Construction Official and Housing Department.
(3) 
Residents and commercial property owners who perform trimming or removal work without a tree removal company, may place tree waste at the curbside if it is properly cut in lengths of four and weighing less than 50 pounds.
B. 
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 § 289-20, shall replace the trees in accordance with the species type and diversity of replacement trees on the prescribed list found on the NJ Tree Foundation Website: www.njtreefoundation.org.
(2) 
Any person, who removes three or more tree(s) within a twelve-month period, as defined as Tree Removal, with a DBH of six inches or more per acre, unless otherwise detailed under § 289-20, shall replace the trees in accordance with the species type and diversity of replacement trees on the prescribed list found on the NJ Tree Foundation Website: www.njtreefoundation.org.
(3) 
All replacement tree(s) shall:
(a) 
Be replaced in kind with a tree that has an equal a minimum DBH of at least two inches; and
(b) 
Be planted within 12 months of the date of removal of the original tree(s) or at an alternative date specified by the municipality; and
(c) 
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
(d) 
Shall not be planted in temporary containers or pots, as these do not count towards tree replacement requirements.
C. 
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 $175 for residents and $300 for commercial property owners per tree removed. This fee shall be placed into a fund dedicated to tree planting and continued maintenance of the trees.
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. Proof of proper justification may include photos or statements from a New Jersey licensed tree expert pursuant to New Jersey Statute 45:15C-11, or a tree arborist. Such proofs of proper justification shall be reviewed by the Planning and Zoning Office. If in the discretion of the Planning and Zoning office additional or different proofs are necessary, the applicant will present such additional or different proofs as requested.
A. 
Residents who remove less than three trees per acre;
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, once confirmed by the designated Township official to be a hazard, may be removed with no fee or replacement requirement.
This ordinance shall be enforced by the Planning and Zoning Office, Property Maintenance Department and Department of Public Works 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 minimum fine of $175 up to a maximum of $1,250, but in no event shall such fine be less than the amount of the required replacement tree(s) and cost of planting.
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.
A. 
Repealer. Any and all ordinances inconsistent with the terms of this article are hereby repealed to the extent of any such inconsistencies.
B. 
Severability. In the event that any clause, section, paragraph or sentence of this article is deemed to be invalid or unenforceable for any reason, then the Township Committee hereby declares its intent that the balance of the ordinance not affected by said invalidity shall remain in full force and effect to the extent that it allows the Township to meet the goals of the ordinance.
C. 
The fines and penalties established within this article shall be considered cumulative, and not superseding, as a remedy available to the Township in addition to those which may also apply under any other applicable Township ordinance, or other applicable local, county, or state law or regulation.
D. 
This article shall become effective immediately upon adoption and publication in the manner prescribed by law.