Municipality of Princeton, NJ Article I Findings, Intent and Purpose; Definitions

§ T22-1 Findings, intent and purpose.

[Ord. No. 2016-34]

The mayor and council recognize that trees and shrubs are a natural resource that provide aesthetic, economic, ecological, environmental and health benefits to the Municipality of Princeton and its inhabitants, and that the treatment of trees and shrubs on individual properties can have significant impacts not only on those individual properties, but also on neighboring properties, the streetscape, the tree canopy and the entire municipality.

For these reasons, the mayor and council find that it is in the interest of Princeton and its inhabitants to establish rules and regulations for the stewardship of trees and shrubs within Princeton, on both public and private property, and more specifically, for the care and protection of trees and shrubs, preservation of the maximum number of trees and shrubs, safeguarding of specimen and significant trees and replacement of removed or destroyed trees.

§ T22-2 Definitions.

[Ord. No. 2016-34; amended 8-24-2020 by Ord. No. 2020-26]

As used in this chapter, the following terms shall have the following definitions:

(a) Caliper shall mean the diameter of the trunk of a tree measured at a point six inches above ground level.

(b) Canopy shall mean the upper and outermost part of a tree created by the tree's crown and shall mean, in the case of contiguous trees, the upper and outermost parts of the trees' crowns.

(c) Critical root zone shall mean the area of ground and subsurface surrounding and beneath a tree that contains the minimum volume of roots necessary for the tree's survival, health and stability.

(d) Crown shall mean the upper mass or head of a tree created by its branches and leaves.

(e) Deciduous tree shall mean any woody plant with a main stem or multiple stems with branches protruding above the root flare and that seasonally loses its leaves.

(f) Destroy shall mean to kill or damage irreparably, which shall be deemed to include, but not be limited to: damage inflicted to the root system by machinery, storage of materials, soil compaction or change of natural grade above or below the root system or around the trunk; damage inflicted on the tree permitting fungus, pests or other infestation; excessive pruning or thinning not in conformance with American National Standards Institute (ANSI) standards, leading to a failure to thrive; paving over the root system with any impervious materials within such proximity as to be fatally harmful to the tree; or application of any substance toxic to the tree or causing the tree to be exposed to any such substance.

(g) Diameter Breast Height or DBH shall mean the diameter of the trunk of a tree measured at a point 4 1/2 feet above ground level on the downhill side of the tree.

(h) Drip line shall mean an imaginary line on the surface of the ground delineated by the outermost tips of the branches of a tree and measured plumb from the branches to the ground. In the case of trees with multiple trunks, the drip line of each trunk shall be measured separately.

(i) Enforcement officer shall mean a certified arborist appointed by the administrator upon consultation with the shade tree commission for the purpose of enforcing the terms of this chapter.

(j) Evergreen tree shall mean a tree with foliage that remains green and functional throughout the year.

(k) Ornamental tree shall mean a tree that can be single or multiple stemmed and that grows to a maximum height of 25 feet.

(l) Princeton Shade Tree Trust Reserve shall mean a fund established and maintained by Princeton for purposes of planting and maintaining trees and shrubs on public property.

(m) Replacement tree shall mean, in the case of a deciduous tree, a tree which measures at least 2 1/2 inches in caliper, and in the case of an evergreen tree, a tree which measures at least six feet in height measured from grade. In all cases, the replacement tree shall be of a species and size appropriate for the premises on which it will be planted. Replacement nursery stock shall adhere to the American National Standards Institute (ANSI Z60.1).

(n) Root zone shall mean the volume of soil containing the roots of a tree.

(o) Shrub shall mean any woody plant with persistent stems protruding from grade level.

(p) Significant tree shall mean a tree or grove of trees recognized as significant by the shade tree commission or enforcement officer on the basis of specimen, quality, historical significance, location, size or other unique characteristics.

(q) Specimen tree shall mean any tree equal to at least 80% of the size of those listed on the "Champion Big Tree Register" of the New Jersey Community Forestry Program in the Department of Environmental Protection's Division of Parks and Forestry, or any tree actually listed on the "Champion Big Tree Register."

(r) Tree shall mean any woody plant with a main stem or multiple stems with branches protruding above the root flare, which includes all deciduous, ornamental and evergreen trees.

(s) Tree protection zone or TPZ shall mean a space surrounding a tree, including its root zone and crown, established as a zone of protection for a tree. Except as provided immediately below in subsections (s)(1), (2) and/or (3), the TPZ shall be the area within the "drip line" of the tree, as that term is defined in section 22-2(h) above. Note that the enforcement officer's consideration of factors under the exceptions below in subsections (s)(1), (2) and/or (3) shall be in accordance with the applicable provisions of the American National Standards Institute (ANSI 52.15).

(1) If the enforcement officer determines that the tree has a small, suppressed or asymmetric crown; branches whose outer limits are indistinct or otherwise unclear; or an irregular rooting area sufficient to render the drip line an inadequate basis for determining a TPZ, the TPZ shall be within the area that is 1 1/2 feet from the center of the trunk of the tree for each inch of the trunk DBH.

(2) Taking into consideration the significance, species, age, structure, stability, health and root zone of the tree, as well as soil conditions and proposed or ongoing construction activities, the enforcement officer, on inspection, may increase the extent of any TPZ to provide the protection reasonably necessary to ensure the tree's survival, health and stability.

(3) If a TPZ interferes with any existing structure or improvement, or any portion of a proposed construction site that is determined to be essential and cannot reasonably be relocated, the enforcement officer shall modify the TPZ to reconcile the conflict, provided that the modified TPZ continues to protect the "critical root zone" as defined in section 22-2(c) above.