City of Bridgeton, NJ Tree Removal and Replacement

This article establishes requirements for tree removal and replacement in the City of Bridgeton to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare.

§ 304-32 Definitions; word usage.

For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this article 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" will mean the requirement is always mandatory and not merely directory.

APPLICANT

Any person as defined below, who applies for approval to remove trees regulated under this article.

CRITICAL ROOT RADIUS (CRR)

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 inch DBH would have a CRR of six inches by 1.5 feet equals nine feet.

DIAMETER AT BREAST HEIGHT (DBH)

The diameter of the trunk of a mature tree generally measured at a point 4 1/2 feet above ground level from the uphill side of the tree.

FORCE MAJEURE

Any event, act, or condition which causes damage and is beyond the reasonable control and not due to the fault of or the negligence of a person, including, but not limited to, acts of God, earthquakes, other severe events or natural occurrences such as hurricanes, tornadoes, and floods, civil commotions, riots, insurrections, acts of the public enemy, terrorism, acts of war, fire, epidemics, climate change, global warming, drought, and water shortages.

HAZARD TREE

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, or unstable and in danger of falling or collapse due to weather-related damage, fire or another force majeure event;

Obstructs the view of traffic signs, sight lines critical for traffic safety or the free passage of pedestrians or vehicles and where pruning attempts have not been effective or are otherwise prohibitive;

Is causing damage to structures (such as building foundations, accessory structures, sidewalks, etc.); or

Is determined to be a threat to public health, safety, and/or welfare by the public officer, certified arborist, or licensed tree expert.

PERSON

Any individual, resident, corporation, utility, company, partnership, firm, or association.

PLANTING STRIP

The part of a street right-of-way between the public right-of-way adjacent to the portion of the street reserved for vehicular traffic, the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk.

RESIDENT

An individual who resides on the residential property where a tree(s) regulated by this article is removed or proposed to be removed.

STREET TREE

A tree planted in the sidewalk, planting strip, and/or in the public right-of-way adjacent to the portion of the street reserved for vehicular traffic. This also includes trees planted in planting strips within the roadway right-of-way, i.e., islands, medians, pedestrian refuges.

TREE

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.

TREE CALIPER

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.

TREE REMOVAL

To intentionally kill or to cause irreparable damage that leads to the decline and/or death of a tree. This includes, but is not limited to, application of substances that are toxic to the tree. Removal does not include responsible pruning and maintenance of a tree, or the application of treatments intended to manage invasive species.

§ 304-33 Regulated activities.

Application.

(1)

Any person planning to remove a street tree with DBH of 2 1/2 inches (i.e., diameter at 4 1/2 feet above ground level) or more or any nonstreet tree with DBH of six inches or more on their property shall submit a tree removal application to the Department of Housing and Inspections.

(2)

No tree shall be removed until the designated Code Enforcement Officer has reviewed and approved the removal.

(3)

Larger scale clearing projects shall require a tree survey and site clearing plan to be submitted to the Planning Board as part of the application process, and the Planning Board shall determine the number, size, and exemptions of trees for the purpose of assessing fees and/or approving a replacement plan.

Tree replacement requirements.

(1)

Any person who removes one or more street tree(s) with a DBH of 2.5 inches or more, unless exempt under § 304-34, shall be subject to the requirements of the Tree Replacement Requirements Table below.

(2)

Any person, other than a resident, who removes one or more tree(s) with a DBH of six inches or more per acre, unless exempt under § 304-34, shall be subject to the requirements of the Tree Replacement Requirements Table.

(3)

The species type and diversity of replacement trees shall be in accordance with Appendix A.[1]

[1]

Editor's Note: Appendix A is included as an attachment to this chapter.

(4)

Replacement tree(s) shall:

(a)

Be replaced in kind with a tree that has an equal or greater DBH than the tree removed or meet the tree replacement criteria in the table below;

(b)

Be planted within 12 months of the date of removal of the original tree(s) or at an alternative date specified by the municipality;

(c)

Be monitored by the applicant for a period of two years to ensure its survival and shall be replaced as needed within 12 months; and

(d)

Shall not be planted in temporary containers or pots, as these do not count towards tree replacement requirements.

Tree Replacement Requirements Table
Category	Tree Removed (DBH) (diameter at 4 1/2 feet above ground level)	Tree Replacement Criteria (See Appendix A)	Application Fee
1	DBH of 2.5 inches (for street trees) or 6 inches (for nonstreet trees) to 12.99 inches	Replant 1 tree with a minimum tree caliper of 1.5 inches for each tree removed	$25
2	DBH of 13 inches to 22.99 inches	Replant 2 trees with minimum tree calipers of 1.5 inches for each tree removed	$25
3	DBH of 23 inches to 32.99 inches	Replant 3 trees with minimum tree calipers of 1.5 inches for each tree removed	$25
4	DBH of 33 inches or greater	Replant 4 trees with minimum tree calipers of 1.5 inches for each tree removed	$25

§ 304-34 Replacement alternatives.

If the municipality determines that some or all required replacement trees cannot be planted on the property where the tree removal activity occurred, then the applicant shall do one of the following:

Plant replacement trees in a separate area(s) approved by the municipality.

Pay a fee per tree removed as follows:

(1)

2.5 inches in diameter up to six inches in diameter: $50.

(2)

Six inches in diameter up to 13 inches in diameter: $100.

(3)

Fourteen inches in diameter up to 20 inches in diameter: $150.

(4)

Twenty inches in diameter up to 30 inches in diameter: $200.

(5)

Thirty inches in diameter or greater: $250.

All fees shall be placed into a dedicated fund for tree planting and maintenance of trees.

§ 304-35 Exemptions.

All persons shall comply with the tree replacement standard outlined above, except in the cases detailed below. Justification shall be provided, in writing, to the municipality by all persons claiming an exemption. Justification shall include but not be limited to photographs, analysis or reports by a credentialed tree expert, determination by the public officer that a tree is a hazard as defined in § 304-31.

Residents who remove less than four trees per acre that fall into Category 1, 2, or 3 of the Tree Replacement Requirements Table within a five-year period. (Note: The number of trees removed is a rolling count across a five-year period.)

Tree farms in active operation, nurseries, fruit orchards, and garden centers.

Properties used for the practice of silviculture under an approved forest stewardship or woodland management plan that is active and on file with the municipality.

Any trees removed as part of a municipal or state decommissioning plan. This exemption only includes trees planted as part of the construction and which are predetermined to be removed in the decommissioning plan.

Any trees removed pursuant to a New Jersey Department of Environmental Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved environmental cleanup, or NJDEP approved habitat enhancement plan.

Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife.

Hazard trees may be removed with no fee or replacement requirement.

§ 304-36 Enforcement.

The provisions of this article shall be enforced by the public officer and other authorized Code Enforcement Officers as required during the course of ordinary enforcement duties.

§ 304-37 Violations and penalties.

Any person(s) firm, partnership, corporation, association or other legal entity violating the provisions of this article shall be subject to a fine of up to $1,250 for each offense at the discretion of the Municipal Court Judge.

Each illegally removed tree shall be considered a separate violation.

Each violation of any of the provisions of this article and each day the same is violated may be deemed a separate and distinct offense at the discretion of the Municipal Court Judge.

In addition, the court may order restitution (fine and/or appraised value, whichever is greater) and/or replacement of the tree(s) illegally removed.

§ 304-38 Severability.

Should any section, paragraph, sentence, clause or phrase of this article be declared unconstitutional or invalid for any reason, the remaining portions of this article shall not be affected thereby and shall remain in full force and effect, and to that end the provisions of this article are hereby declared to be severable.