[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.
[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),
and/or
, 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),
and/or
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.