[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:
(1) 
The size of the lot;
(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.
[Ord. No. 2016-34]
(a) 
The enforcement officer shall accept for filing the permit application referenced in section 22-13 above. Said application shall be date and time stamped when received. Thereafter, the enforcement officer shall within 20 business days of receipt of the completed application:
(1) 
Visit and inspect the location and inspect the land and trees that are the subject of the application;
(2) 
If necessary, meet with the applicant to discuss the application; and
(3) 
Grant or deny the requested permit in whole or in part, or make recommendations that would make the application acceptable to the enforcement officer, in writing and in accordance with the following considerations:
a. 
Whether the removal or destruction of the tree or trees will cause or contribute to physical or environmental problems on the land and other property, including but not limited to flooding, soil instability and erosion.
b. 
Whether the destruction or removal of the tree or trees will have a negative impact on the contiguous canopy or on the growth and development of the remaining trees on the land and other property.
c. 
Whether the destruction or removal of the tree or trees will have a negative aesthetic or visual impact on the land and other property.
d. 
Whether the destruction or removal of the tree or trees will threaten or otherwise lead to a loss of wildlife habitat or tree species.
e. 
Whether the tree or trees are specimen or significant tree(s) as defined in section 22-2 above.
f. 
Whether the destruction or removal of the tree or trees is under the jurisdiction of a New Jersey or Federal agency, including but not limited to the New Jersey Department of Environmental Protection.
g. 
Whether the destruction or removal of the tree or trees is a part of an overall landscape plan for the property.
h. 
Whether a denial of the permit, in whole or part, would cause an undue hardship on the applicant.
i. 
Whether the applicant's tree replacement plan will mitigate the negative impact that the tree removal or destruction will have on the land and other property.
(b) 
A decision other than one to grant the requested permit in its entirety shall include the enforcement officer's written findings and reasons for said decision.
(c) 
The failure of the enforcement officer to grant or deny the application for a permit for the removal or destruction of a tree or trees within the twenty-business-day period shall constitute approval of said application and entitle the applicant to the permit requested unless an extension of the twenty business-day period has been agreed upon between the applicant and the enforcement officer in writing before the period expires.
(d) 
The removal of trees and any tree replacement plan are to be implemented within one year from issuance of the permit. A permit shall expire and shall no longer be in effect 12 months after the date said permit was first granted, unless an extension of the twelve-month period has been agreed upon between the permittee and the enforcement officer in writing before the period expires.
(e) 
Permits shall not be transferrable.
[Ord. No. 2016-34]
(a) 
If an application for a permit is denied or otherwise not granted in whole, the applicant shall have a right to appeal the matter.
(b) 
The applicant may appeal to the shade tree commission or may choose to appeal directly to the mayor and council. Should the applicant choose to appeal to the shade tree commission and is not thereafter satisfied with the shade tree commission's decision, the applicant shall have the right to appeal to the mayor and council. An applicant who appeals the enforcement officer's decision directly to the mayor and council waives his or her right to appeal to the shade tree commission.
(1) 
Appeal to shade tree commission. An appeal to the shade tree commission is taken by submitting written notice to the shade tree commission within 10 days of receipt of a full or partial denial from the enforcement officer. The applicant will be notified as to the date and time when his or her matter will be heard by the shade tree commission. The shade tree commission shall decide the matter anew and in accordance with the standards set forth in subsections (a)(3) a.-I of section 22-14 above. The shade tree commission shall render its decision within 45 days of receipt of the written notice of appeal. The failure of the shade tree commission to decide the appeal within 45 days shall constitute reversal of the decision by the enforcement officer. In any event, the applicant shall be notified of the shade tree commission's action or failure to act by written notice from the shade tree commission. If the applicant is not satisfied with the shade tree commission's decision, then the applicant shall have a right to appeal to the mayor and council as set forth in paragraph (2) below.
(2) 
Appeal to mayor and council. An appeal to the mayor and council is taken by submitting written notice to the clerk within 10 days of receipt of a full or partial denial from the enforcement officer or within 10 days of receipt of the shade tree commission's decision, as the case may be. The applicant will be notified as to the date and time when his or her matter will be heard by the mayor and council. The mayor and council shall decide the matter anew and in accordance with the standards set forth in subsections (a)(3) a.-I of section 22-14 above. The mayor and council shall render their decision within 45 days of receipt of the written notice of appeal. The failure of the mayor and council to decide the appeal within 45 days shall constitute reversal of the decision by the enforcement officer. In any event, the applicant shall be notified of the mayor and council's action or failure to act by written notice from the clerk. If the applicant is not satisfied with the mayor and council's decision, then the applicant shall have a right to pursue an appeal in a court of competent jurisdiction as permitted by law.