[Ord. No. 2016-34]
This article is intended to further the intent and purpose of this chapter, as set forth in Article
I above. To that end, this article establishes tree removal standards for trees located on private property. The purpose of these specific standards is to encourage and further the protection and preservation of trees and their canopy as important public and environmental resources and to:
(a) Control and prevent the indiscriminate or excessive removal and destruction
of trees and their canopy.
(b) Control and prevent conditions that cause an increase in stormwater
run-off, sedimentation, soil erosion, loss of wildlife habitat and
air and noise pollution, or that inhibit aquifer recharge or impair
the ambiance or physical appearance of neighborhoods, historic landscapes
and streetscapes.
(c) Strike a balance between limiting the adverse impacts of tree removal
and not unduly interfering with the ability of a property owner to
appropriately remove trees on private property.
[Ord. No. 2016-34]
It shall be a violation of this article for any person to remove
or otherwise destroy any tree as set forth in this section, or to
cause or permit the same to be done by any third party contractor
or subcontractor, without first obtaining a permit or approval as
provided herein below. Except as otherwise provided in section 22-12
below, the following acts are hereby regulated and shall require a
tree removal permit:
(a) Removal of or otherwise destroying a tree with a DBH of eight inches
or more;
(b) Removal of or otherwise destroying an ornamental or evergreen tree
with a height of 10 feet or more;
(c) Removal or otherwise destroying a tree with a canopy extending over
a public right-of-way; and
(d) Removal of or otherwise destroying any specimen or significant tree,
as defined in section 22-2 above.
[Ord. No. 2016-34; Ord. No. 2016-40]
Excepted from the requirements of this article are the following:
(a) Any tree that poses imminent danger to life or property or where
removal is in response to an emergency. To qualify under this exception,
the tree shall only be removed to the extent necessary to abate the
imminent danger or emergency. If notification of the removal of said
tree pursuant to this article has not been given to the enforcement
officer prior to removal, then notification must be provided by the
next business day or as soon as practicable thereafter. Said notification
shall include verification that the tree removal was necessary to
abate the imminent danger or emergency;
(b) Any tree that has fallen solely as a result of storm damage or other
natural causes;
(c) Any dead tree or substantially diseased tree as a result of natural
causes or storm damage where:
(1)
The tree is still standing;
(2)
The person desiring to destroy or remove the tree is the owner
of the land upon which the tree is located;
(3)
The person notifies the enforcement officer of the desire to
remove the tree; and
(4)
The enforcement officer verifies in writing that the tree is
dead or substantially diseased as a result of natural causes. The
failure of the enforcement officer to approve or deny the request
within 15 days shall constitute an approval of the request;
(d) Tree removal that is a part of any land development application subject
to the jurisdiction of the planning or zoning boards, or any of their
subcommittees. The shade tree commission may, however, provide its
review and comment, if any, regarding the tree removal to the board
of jurisdiction;
(e) Tree removal as part of an application requiring preservation plan
approval by the historic preservation commission or the commission's
administrative officer for properties that are subject to the commission's
jurisdiction within the historic preservation zoning districts or
historic preservation buffer zoning districts; and
(f) The removal of any trees that are a part of an approved woodland
management program pursuant to the provisions of the New Jersey Farmland
Assessment Act of 1964.
(g) The removal of any Ash (Fraxinus spp.) tree due to actual or anticipated
infestation by the Emerald Ash Borer (Agrilus planipennis), provided
that the person desiring to remove the tree or trees complies with
the following:
(1)
The person shall file a permit application in accordance with
section 22-13 below. The permit application shall specify the number
of Ash trees to be removed and treated on the premises, and include
all information and support required by section 22-13, except that
the filing fee required by section 22-13(g) shall be waived; and
(2)
There is no requirement for a permit application to include
a tree replacement plan under section 22-13(d), except that there
is a recommended tree replacement goal of 10% of removed Ash trees,
with a recommended goal of a minimum of one tree replanted per application.
The replanted tree(s) (if any) shall, if site conditions permit, be
planted in the same or contiguous location(s) on the premises.
The exception created by this subsection (g) shall continue
for 10 years from the date on which it goes into effect. Upon expiration
of this ten-year term, this section (g) shall automatically be null
and void and of no force and effect.
[Ord. No. 2016-34; amended 8-24-2020 by Ord. No. 2020-26]
(a) General Application Requirements. A person desiring to remove or otherwise destroy a tree or trees as provided for in section 22-11 above shall first apply to the enforcement officer for a permit, on forms provided by the municipality and containing the information required in subsections
(b),
(c) and
(d) of this section.
(b) Narrative. The application required by subsection
(a) above shall include a narrative specifying:
(1)
The location of the premises where the tree removal or destruction
is to take place, by both street address and lot and block number;
(2)
The name and address of the owner of the premises;
(3)
The name and address of the applicant for the permit, if other
than the owner, accompanied by the owner's consent to said application;
(4)
A list providing the species, DBH and number of trees to be
destroyed or removed;
(5)
The reason or purpose for the destruction or removal of trees;
and
(6)
A description of the applicant's tree replacement plan,
in accordance with subsection (d) below.
(c) Sketch/Printed Plan. The application required by subsection
(a) above shall be accompanied by a sketch and/or printed plan showing the following:
(2)
All structures and their appurtenances, including but not limited
to any building, garage, shed, deck, pool, driveway, walkway, patio
or other impervious surface;
(3)
The location upon the lot where the destruction or removal of
the tree or trees is proposed to take place;
(4)
The identity and location of trees to be destroyed or removed;
(5)
The location of all streams and wetlands on the lot; and
(6)
The proposed location(s) for planting of replacement tree(s),
as well as their species and DBH.
(d) Tree Replacement Plan. The application required by subsection
(a) above shall be accompanied by a narrative and/or sketch or printed plan showing a tree replacement plan, to include and comply with the following:
(1)
The tree replacement plan shall provide for replacing the removed
or destroyed tree(s) in the same or contiguous location(s) on the
premises, and in accordance with the following specific requirements.
The tree replacement plan shall require that the applicant replace
each removed or destroyed tree with one or more trees depending upon
the DBH of the removed or destroyed tree, and in accordance with Schedule
A immediately below, the "Tree Replacement Schedule."
Schedule A - Tree Replacement Schedule
|
---|
Tree Removed/Destroyed
|
Required Replacement Tree
|
Tree Replacement Fee
|
---|
Tree with DBH of 8" to 16.99"
|
One Replacement Tree
|
$550
|
Tree with DBH of 17" to 30.99"
|
Two Replacement Trees
|
$1,100
|
Tree with DBH 31" to 38.99"
|
Three Replacement Trees
|
$1,650
|
Tree with DBH of 39" or greater
|
Four Replacement Trees
|
$2,200
|
(2)
Based on industry standards and site conditions on the premises,
and in consultation with the enforcement officer, the applicant may,
in lieu of on-premises planting of the required replacement tree(s),
be permitted to plant the replacement tree(s) on one or more appropriate
off-premises locations, or pay a tree replacement fee into the Princeton
Shade Tree Trust Reserve for each tree removed based on the foregoing
Tree Replacement Schedule. The tree replacement fee shall represent
the cost to replace the removed or destroyed tree(s), including administration
and labor costs, and shall be maintained and utilized by Princeton
for purposes of planting and maintaining trees and shrubs on public
property. At least 50% of the required replacement trees shall be
planted either on the premises or in an appropriate off-premises location(s).
As used hereafter, the phrase "tree replacement plan" shall be deemed
to include reference to the payment of a tree replacement fee.
(3)
The tree replacement plan shall identify the applicant's
proposal for compliance with this subsection (d), including specifying
the species, size and quantity of replacement trees, the proposed
location(s) for planting of replacement trees on and off the premises
and the applicant's acknowledgment of the required tree replacement
fees. In order to maintain the existing canopy, preference shall be
for the replacement of deciduous trees with deciduous trees and evergreen
trees with evergreen trees.
(e) Marking. The applicant shall conspicuously mark each tree to be removed
or destroyed with a material which can be wrapped around the trunk
of each tree, such as ribbon or string.
(f) Notice. Prior to filing the application, the applicant shall mail
or hand deliver a copy of the application to the owners of the properties
contiguous to the premises where the proposed tree destruction or
removal is to take place. The applicant shall confirm compliance with
this requirement on the application.
(g) The fee for each application shall be forty dollars.