An ordinance to establish requirements for tree removal and replacement in Cranbury, with the exception of trees in conservation areas (see §
150-58), to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare.
As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
Any person, as defined below, who applies to remove trees
regulated under this chapter.
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 equal to six inches times
1.5 feet, equal to 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. For species of trees where the main trunk divides below
the 4 1/2 foot height, the DBH shall be measured at the highest
point before any division.
HAZARD TREE
Is 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.
A.
Has an infectious disease or insect infestation determined by
a certified arborist or licensed tree expert (LTE);
B.
Is dead or dying determined by a certified arborist or licensed
tree expert (LTE);
C.
Obstructs the view of traffic signs or the free passage of pedestrians
or vehicles, where pruning attempts have not been effective;
D.
Is causing obvious damage to structures (such as building foundations,
sidewalks, etc.); or
E.
Is determined to be a threat to public health, safety, and/or
welfare by a certified arborist or licensed tree expert (LTE).
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
and the portion of the street reserved for vehicular traffic or between
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 or
contractor hired by the individual who resides on the residential
property where a tree(s) regulated by this chapter 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 (or specified distance from) 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 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, over-mulching or improper mulching, and improper grading
and/or soil compaction within the critical root radius 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 treatments intended to manage invasive
species.
All persons shall comply with the tree replacement standard
outlined above, except in the cases detailed below. Proper justification
shall be provided, in writing, to the municipality by all persons
claiming an exemption:
A. Residents who remove less than four non-street trees per acre that
fall into category 1, 2, or 3 of the Tree Replacement Requirements
Table within a five-year period.
B. Tree farms in active operation (i.e., farmland assessed), nurseries,
fruit orchards, and garden centers.
C. 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.
D. Any trees removed as part of a municipal or state decommissioning
plan. This exemption only includes trees planted as part of the construction
and predetermined to be removed in the decommissioning plan.
E. 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.
F. Approved game management practices, as recommended by the State of
New Jersey Department of Environmental Protection, Division of Fish,
Game and Wildlife.
G. Hazard trees may be removed with no fee or replacement requirement.
H. Farms in farmland preservation with a management plan: Agricultural
operations are exempt from replacement requirements because such operations
are governed by the Right to Farm Act, N.J.S.A. 4:1C-1 to 10, which
preempt local regulation.
This chapter shall be enforced by a municipal official with
enforcement power.
Any person(s) who is found to be in violation of the provisions
of this chapter may be subject to a fine of $350 per tree.
If any section or subsection of this chapter is adjudged invalid
by a court of competent jurisdiction, such adjudication shall apply
only to the specific section(s) or subsection(s) so adjudged, and
the remainder of the chapter shall be deemed valid.
This chapter shall take effect upon its passage and publication
as required by law.