[STC:11-10-61]
Whereas, as provided in Chapter 325, of the Laws of 1915, and
amendments and supplements thereto, Chapter 42 Laws of 1958 of the
State of New Jersey, the Mayor and Council did on January 28, 1947
adopt an ordinance creating and establishing a Shade Tree Commission,
granting to the Commission all such authority and power as conferred
upon it by N.J.S.A. 40:64-1 et seq. The Shade Tree Commission, in
order to perform the duties of the Commission as contained in the
aforementioned enabling acts, does hereby enact the following Rules
and Regulations.
[STC:11-10-61 § 1]
There is hereby vested in the Shade Tree Commission full and
exclusive control over the regulation, planting and care of shade
and ornamental trees and shrubbery now located, or which may hereafter
be planted in any public highway, park, or parkway in the City of
Asbury Park, including the planting, trimming, spraying, care and
protection thereof; regulate and control the use of the ground surrounding
the same, so far as may be necessary for their proper growth, care
and protection; remove or require the removal of any tree or part
thereof, dangerous to public safety; administer treatment to or remove
any tree situated on private property which is believed to harbor
a disease or insects readily communicable to neighboring healthy trees
in the care of the City and enter upon private property for that purpose
with the consent of the owner thereof, provided suspected condition
is first confirmed by a certificate issued by or on behalf of the
Department of Agriculture.
[STC:11-10-61 § 2]
It shall be unlawful and a violation of the provisions of this
chapter for any person or persons to prune or cut a highway shade
tree without the consent of the Shade Tree Commission.
[STC:11-10-61 § 3]
It shall be unlawful and a violation of the provisions of this
chapter for any person or persons to injure, tamper, willfully break,
destroy or remove any highway shade tree.
[STC:11-10-61 § 4; amended 4-24-2024 by Ord. No. 2024-10]
Any person who shall violate any of the provisions of this chapter
and any person who aids, abets or assists therein, shall, upon conviction
thereof by the Judge, be subject to one or more of the following penalties
for each offense or violation: (1) a fine of not less than five hundred
dollars ($500.00) nor exceeding two thousand dollars ($2,000.00);
(2) imprisonment for a term not exceeding thirty (30) days in the
County Jail, or in any place provided by the municipality for the
detention of prisoners; or (3) the performance of community service
for a period of not more than ninety (90) days.
[STC: 11-10- 61 § 5]
This chapter shall be deemed to be in addition and supplementary
to, and not be in conflict with nor a repeal of prior or existing
ordinances of this City, but shall be an additional provision for
the regulation and control of highway shade trees.
[STC: Ord. No. 758 § 5]
No person shall do, or cause to be done, any of the following
acts upon the City streets without the written permit of the Shade
Tree Commission.
a.
Cut, trim, break, climb with spikes, disturb the roots of, or otherwise
injure, or spray with any chemical, or remove, any living tree or
shrub; or injure, misuse or remove any structure or device placed
to support or protect such tree or shrub.
b.
Plant any tree or shrub.
c.
Fasten any rope, wire, electric attachment, sign or other device
to a tree or shrub, or to any guard about such tree or shrub.
d.
Close or obstruct any open space provided about the base of the tree
or shrub to permit the access of air, water, or fertilizer to the
roots of such tree or shrub.
e.
Pile any building material, or make any mortar or cement within six
(6) feet of a tree or shrub.
[STC: Ord. No. 758 § 6]
a.
Every person having control over any wire for the transmission of
an electric current along a public street shall at all times guard
all trees through which or near which, such wire passes against any
injury from the wire or from the electric current carried by it. The
device or means used shall in every case be subject to the approval
of the Shade Tree Commission.
b.
No person shall permit any brine, gas or injurious chemical to come
in contact with the stem or roots of any tree or shrub upon a public
street.
[Added 4-24-2024 by Ord. No. 2024-10]
The following provisions establish requirements for tree removal
and replacement within the City of Asbury Park to reduce soil erosion
and pollutant runoff, promote infiltration of rainwater into the soil,
reduce heat island effect, and protect the environment, public health,
safety, and welfare.
a.
APPLICANT
ASBURY PARK ENVIRONMENTAL/SHADE TREE COMMISSION (ESTC)
ASBURY PARK TREE REPLACEMENT FUND
CITY
CRITICAL ROOT RADIUS (CRR)
DIAMETER AT BREAST HEIGHT (DBH)
HAZARD TREE
1.
2.
3.
4.
5.
INVASIVE TREES
PERSON
PLANTING STRIP
RESIDENT
STREET TREE
TREE
TREE CALIPER
TREE REMOVAL
Definitions. The following terms, phrases, words, and their derivations
shall have the meanings stated herein unless their use in the text
of this section 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.
Shall mean any "person", as defined below, who applies for
approval to remove trees regulated under this section.
Shall mean the official name of the Shade Tree Commission
of Asbury Park.
Shall mean a fund established by the City of Asbury Park
for the express purpose of planting and maintaining trees on public
property. The fund may also be used for consulting fees for administration
of the Tree Removal and Replacement Ordinance.
Shall mean the City of Asbury Park.
Shall mean 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 inches DBH would have a CRR = 6"x1.5' = 9'.
Shall mean the diameter of the trunk of a mature tree generally
measured at a point four and a half 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.
Shall mean 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 not able to be repaired
or remediated by other means; or
Is determined to be a threat to public health, safety, and/or
welfare by a certified arborist or Licensed Tree Expert (LTE).
Shall mean species of trees introduced deliberately or unintentionally
outside their natural habitats where they have the ability to establish
themselves, invade, out- compete natives and take over the new environments.
Invasive trees are those trees recognized by the New Jersey Department
of Environmental Protection and those on the most recent New Jersey
Invasive Species Strike Team "Do Not Plant List."
Shall mean any individual, resident, corporation, utility,
company, partnership, firm, or association.
Shall mean 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.
Shall mean 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 section is removed or proposed
to be removed.
Shall mean a tree planted in the sidewalk, planting strip,
and/or in the public right-of-way. This also includes trees planted
in planting strips within the roadway right-of-way, i.e., islands,
medians, pedestrian refuges.
Shall mean 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.
Shall mean 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.
Shall mean 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.
b.
Tree Removal Application Process.
1.
Any person who would like to remove:
(a)
A Street Tree with DBH of 2.5 inches or more, or
(b)
Any non-Street Tree with DBH of six inches or more on their
property,
Shall submit a completed Tree Removal Application and the Application
fee of $25 to the City of Asbury Park Department of Public Works.
No tree shall be removed until municipal officials have reviewed and
approved the removal.
2.
In addition to the application, the applicant must submit a sketch
or site plan showing all existing and proposed structures, walkways,
driveways, pools, etc., and the location of the trees to be removed
and the proposed location of the replacement tree(s). Trees to be
removed should be marked with a ribbon for clear identification by
the ESTC member or Licensed Tree Expert who will be inspecting the
site.
3.
Within 30 business days of receipt of the application, the ESTC or
Licensed Tree Expert shall:
(a)
Visit and inspect the location and trees that are subject to
the application.
(b)
If necessary, meet with the applicant on site.
(c)
Grant or deny the application in part or in whole or make recommendations
that would make the application acceptable to the ESTC or Licensed
Tree Expert, in writing.
d.
Tree Replacement Requirements.
1.
Any person who removes one or more Street Tree(s) with a DBH of 2.5
inches or more or tree on their property with DBH of six inches or
more unless exempt under paragraph g below, shall be subject to the
requirements of Table A: Tree Replacement Requirements. Tree Replacement
Fees are applied if the applicant prefers to pay for replacement trees
to be planted at the agreed upon site or does not replace the tree(s)
within the required timeframe. Replacement trees must be planted in
accordance with Asbury Park City Code subsection 30.57.12 Street Tree,
Landscaping and Planting Requirements.
|
Table A: Tree Replacement Requirements
| ||
|---|---|---|
|
Tree Removed (DBH)
|
Required Number of Replacement Trees (2 inches Caliper) per
Tree Removed or Destroyed
|
Tree Replacement Fee in Lieu of Planting
|
|
DBH of 2.5 inches (street trees) or 6 inches (private property
trees) to 12.99 inches
|
1
|
$500
|
|
DBH of 13 inches to 22.99 inches
|
2
|
$1,000
|
|
DBH of 23 inches to 32.99 inches
|
3
|
$1,500
|
|
DBH of 33 inches or greater
|
4
|
$2,000
|
2.
The species type and diversity of replacement trees shall be approved
by the ESTC and be consistent with the guidance provided by the Monmouth
County Department of Public Works and Engineering, Trees for Monmouth
County. Tree selection and must consider the planting site, including
proximity to buildings, the width of the planting strip and whether
utility wires will interfere with the tree's future growth. The
planting of Invasive Tree species is prohibited.
3.
Replacement trees must be planted within 12 months of the date of
removal of the original tree(s) or at an alternative date specified
by the City;
4.
Replacement trees must be monitored and watered by the applicant
for a period of two years to ensure their survival and shall be replaced
as needed within 12 months; and
5.
Replacement trees shall not be planted in temporary containers or
pots, as these do not count towards tree replacement requirements.
e.
Tree Replacement Fund. Where an applicant chooses to make payment
to the Asbury Park Tree Replacement Fund in lieu of physically replacing
the trees on said property, the Tree Replacement Fee as set forth
in Table A will be assessed. The Asbury Park Tree Replacement Fund
shall constitute a separate fund established by the City with the
dedicated purpose of tree replacement and maintenance within the City.
f.
Tree Replacement Alternative.
1.
If the City determines that some or all required replacement trees
cannot be planted on the property where the tree removal activity
occurred, then the applicant shall:
(a)
Plant replacement tree(s), in consultation with the ESTC and
in accordance with the requirements outlined in Section d above in
a separate area(s) approved by the City, or
(b)
Pay a Tree Replacement Fee in accordance with the schedule outlined
in Table A above. This fee shall be placed into The Asbury Park Tree
Replacement Fund.
g.
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 City by all persons claiming
an exemption. An application must be submitted for an exemption and
approved by the City. The following exemptions are applicable:
1.
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.
2.
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;
3.
Approved game management practices, as recommended by the State of
New Jersey Department of Environmental Protection, Division of Fish,
Game and Wildlife;
4.
Hazard trees may be removed with no replacement requirement. However,
an application and fee must be submitted to the City and approved.
h.
Enforcement. This section shall be enforced by the Asbury Park Police
Department and/or Code Enforcement during the course of ordinary enforcement
duties.
i.
Violations and Penalties. Any person who shall violate any of the
provisions of this section and any person who aids, abets or assists
therein, shall, upon conviction thereof by the Judge, be subject to
one or more of the following penalties for each offense or violation:
(1) a fine of not less than $500 nor exceeding $2,000; (2) imprisonment
for a term not exceeding 30 days in the County Jail, or in any place
provided by the municipality for the detention of prisoners; or (3)
the performance of community service for a period of not more than
90 days.
j.
Annual Report. The Shade Tree Commission shall provide a written
report to the City Council annually on the number of applications
that were granted or denied pursuant to this Chapter and the number
of trees removed and replaced. The report shall include the fees,
penalties and assessments collected and dispersed to the Asbury Park
ESTC. The report shall be submitted by February 1 of each year regarding
the preceding year's activities.
