[HISTORY: Adopted by the Township Council of the Township
of Monroe 5-22-2024 by Ord. No. O:28-2024. Amendments noted where applicable.]
To establish requirements for tree removal and replacement in
the Township of Monroe, Gloucester County, to reduce soil erosion
and pollutant runoff, promote infiltration of rainwater into the soil,
and protect the environment, public health, safety, and welfare.
For the purpose of this chapter, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this chapter 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" means
the requirement is always mandatory and not merely directory.
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 times 1.5
feet equals nine feet.
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.
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;
Obstructs the view of traffic signs or the free passage of pedestrians
or vehicles, where pruning attempts have not been effective;
Is causing obvious damage to structures (such as building foundations,
sidewalks, etc.); or
Is determined to be a threat to public health, safety, and/or
welfare by a certified arborist or Licensed Tree Expert (LTE).
Any individual, resident, corporation, utility, company,
partnership, firm, or association.
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.
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.
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.
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.
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.
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.
A.
Tree replacement requirements.
(1)
Replacement of trees lost during construction. Where developers and/or
property owners find it impossible to retain existing trees in the
tree protection zone, or any tree with a diameter of 10 inches or
greater, due to cutting, filling or other construction activity, the
developers and/or property owners shall replant one inch of a new
tree diameter for every three inches of existing tree diameter removed.
New trees shall have a minimum diameter of 2 1/2 inches measured
at diameter breast height and guaranteed for two growing seasons.
Replanting shall be done according to the standards specified by the
American Nurseryman's Association. Financial contributions (cash,
check, etc.) to the Monroe Township Tree Trust Fund may be substituted
in lieu of on-site tree replacement.
(2)
A list of permitted buffer area and street trees can be found on
the Rutgers Native Tree List, accessible here: FS1140: Incorporating
Native Plants in Your Residential Landscape (Rutgers NJAES). Any tree
not specifically listed on the Rutgers Native Plant List will need
to undergo review and approval by the Environmental Protection Commission
in order for a resident to go about planting same.
B.
Replacement alternatives.
(1)
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 developer and/or property owner shall do one of
the following:
(a)
Plant replacement trees in a separate area(s) approved by the
municipality.
(b)
Pay a fee of (amount to be set by municipality, as per the table
below) per tree removed. This fee shall be placed into a fund dedicated
to tree planting and continued maintenance of the trees. This fee
must be accompanied by the Monroe Township Tree Removal/Replacement
Request Form.
|
Number of Trees to be Removed
|
Fee (Total)
|
|---|---|
|
1 to 5
|
$0
|
|
6 to 10
|
$100
|
|
11 to 20
|
$250
|
|
21 to 50
|
$500
|
|
51 to 150
|
$1,500
|
|
151 +
|
$1,500, plus $250 for each additional 100 trees or part thereof
|
C.
Street tree removal.
(1)
Any tree located on any Township-owned lands may, upon determination
by the Office of Zoning Enforcement, be removed as follows:
(a)
By and at the expense of the Township when dead or dying; or
(b)
By a combination of a public utility(ies) and the Township when
endangering any aerial utility(ies), upon determination by the Enforcement
Officer and/or upon the Township receiving notice from an appropriate
and duly authorized public agency; or
(c)
By and at the expense of the Township when endangering any underground
utility lateral(s) within the critical root zone of a tree, as determined
and/or confirmed by the Enforcement Officer; or
(d)
By and at the expense of the adjacent and/or affected property
owner when damaging any sidewalk within the Township right-of-way
or when endangering an underground utility lateral(s) outside of the
tree's critical root zone;
(e)
Any tree removed from any Township right-of-way or any Township-owned
land by a property owner must receive approval from the Office of
Zoning Enforcement prior to removal.
(f)
Pay a fee of (amount to be set by municipality, as per the table
below) per tree removed.
|
Number of Trees to be Removed
|
Fee (Total)
|
|---|---|
|
1 to 5
|
$0
|
|
6 to 10
|
$100
|
|
11 to 20
|
$250
|
|
21 to 50
|
$500
|
|
51 to 150
|
$1,500
|
|
151+
|
$1,500, plus $250 for each additional 100 trees or part thereof
|
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. Proper justification includes, but is not limited
to, photographic evidence, or certification from a licensed tree expert
or arborist, and/or state agency documentation. The Township shall
request specific documentation in order to assess a potential exemption.
Documentation may vary on a case-by-case basis:
A.
Residents who remove less than six trees per acre within a five-year
period. Please note that the number of trees removed is a rolling
count across a five-year period;
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 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 clean-up, 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.
Any tree within 50 feet from a residential home.
This chapter shall be enforced by the Township's Office of Zoning
Enforcement during the course of ordinary enforcement duties.
Any person(s) who is found to be in violation of the provisions
of this chapter shall be subject to a fine of $100 per tree.
