[Adopted 7-17-2023 by Ord. No. 10-2023]
The purpose of this article is to establish requirements for tree removal and replacement and penalties for noncompliance in the Borough of Brooklawn to protect the environment, public health, safety and welfare, and to prescribe penalties for failure to comply.
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 word "shall" is always mandatory and not merely directory.
APPLICANT
Any person, as defined below, who applies for approval to remove trees regulated under this article.
DIAMETER AT BREAST HEIGHT (DBH)
The diameter of the trunk of a tree generally measured at a point 4 1/2 feet above ground level from the downhill side of the tree.
HOMEOWNER
A person(s) who owns a residence.
NUISANCE TREE
Any tree, or limb thereof, that has an infectious disease or insect; is dead or dying; obstructs the view of traffic signs or the free passage of pedestrians or vehicles; is causing obvious damage to structures (such as building foundations, sidewalks, etc.); or threatens public health, safety, and welfare.
PERSON
Any individual, corporation, company, partnership, firm, association, political subdivision of this state and any state, interstate or federal agency.
PLANTING STRIP
The part of a street right-of-way between the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk.
STREET TREE
A tree planted in the sidewalk or a planting strip in the public right-of-way.
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 OF SIGNIFICANCE
Any tree that is recognized by the municipal governing body or local historical organization(s) as being of significance due to its size, unique value, age, rarity, or the aesthetic, botanical, ecological, and historical value.
TREE REMOVAL
To kill or to cause irreparable damage that leads to the decline and/or death of a tree. This includes, but is not limited to, excessive pruning, application of substances that are toxic to the tree, and improper grading and/or soil compaction around the base of the tree that leads to the decline and/or death of a tree. Removal does not include responsible pruning and maintenance of a tree or the application of tree treatments intended to manage invasive species.
A. 
Optional application process. Any person planning to remove a street tree with a DBH of 2.5 inches or more or any non-street-tree with a DBH of six inches or more on their property shall submit a tree removal application to the Borough Clerk or his/her designee. No tree shall be removed until municipal officials have reviewed and approved the removal.
B. 
Tree replacement requirements.
(1) 
Within a five-year period, any person who removes one or more street tree(s) with a DBH of 2.5 inches or more, unless exempt under § 114-24, shall be subject to the requirements of the tree replacement requirements table below.[1]
[1]
Editor's Note: Said table is on file in the Borough offices.
(2) 
For nonhomeowner applicants, within a five-year period, any person, other than a homeowner, who removes one or more tree(s) with a DBH of six inches or more per acre, unless exempt under § 114-24, shall be subject to the requirements of the tree replacement requirements table below.
(3) 
For homeowner applicants, within a five-year period, any person that removes more than three trees per acre that fall into categories 1, 2, or 3, combined, or any one tree in categories 4 or 5, in the tree replacement requirements table below, unless exempt under § 114-24, shall be subject to the requirements of the tree replacement requirements table below.
(4) 
The species type and diversity of replacement trees shall be in accordance with (insert municipality-provided tree list). The Borough shall provide a list of approved trees that are acceptable to be planted as replacement trees and/or a list of trees that shall not be used as replacement trees. The Borough may, in its discretion, upon application and good cause, approve the planting of a replacement tree not on the approved list.
(5) 
Replacement tree(s) shall meet the required actions in the table below and shall be planted within 12 months of the date of removal of the original tree(s). Replacement tree(s) shall be monitored by the applicant for a period of two years to ensure their survival and shall be replaced as needed within 12 months. Trees planted in temporary containers or pots do not count towards tree replacement requirements.
(6) 
Tree replacement requirements table.[2]
[2]
Editor's Note: The tree replacement requirements table is on file in the Borough offices.
(7) 
Replacement alternatives. If the Borough 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:
(a) 
Plant replacement trees in a separate area(s) as approved by the Borough; or
(b) 
Pay a fee in an amount to set by the Borough per tree removed. This fee shall be placed into a fund dedicated to tree planting.
All persons shall comply with the tree replacement standard outlined above, except in the following cases. Proper justification shall be provided, in writing, to the municipality by all persons claiming an exemption (the municipality shall define what "proper justification" is such as photos, or statements from a licensed tree expert or arborist):
A. 
Clearing, cutting, and/or removal of trees which is necessary to service, maintain, or ensure the continued safe use of a lawfully existing structure, right-of-way, field, park, and/or garden;
B. 
Tree farms in active operation, nurseries, fruit orchards, and garden centers;
C. 
Properties used for the practice of silviculture under an approved forest stewardship or woodland management plan;
D. 
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;
E. 
Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife;
F. 
Nuisance trees may be removed with no fee or replacement requirement.
This article shall be enforced by the Brooklawn Police Department, the Brooklawn Property Maintenance Officer, and/or other municipal officials of the Borough of Brooklawn during the course of ordinary enforcement duties.
Any person, firm or corporation who or which shall violate any of the provisions of this article shall, upon conviction thereof, be liable for penalties or any combination thereof as set forth in § 1-15 of the Code of the Borough of Brooklawn, in the discretion of the Judge of the Municipal Court before whom such violation is heard and conviction made. Each day that a violation occurs shall be deemed a separate and distinct violation, subject to the penalty provisions of this article.