An ordinance to establish requirements for tree removal and replacement in the Township of Burlington to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare.
[HISTORY: Adopted by the Township Council of the Township of Burlington 4-23-2024 by Ord. No. 2024-OR-015. Amendments noted where applicable.]
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" mean the requirement is always mandatory and not merely directory.
Any person, as defined below, who applies for approval to remove trees regulated under this chapter.
The zone around the base of a tree where the majority of the root system is found. This zone shall be calculated by multiplying the DBH of the tree (unitless, but measured in inches) by 1.5. For example, a tree with a DBH of six inches shall have a corresponding CRR of 6 X 1.5 = 9 inches.
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.
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; or
Is dead or dying; or
Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective; or
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 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 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.
An 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 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.
[Amended 10-8-2024 by Ord. No. 2024-OR-033]
A.
Application process.
(1)
Any person planning to remove a street tree with DBH of 2.5 inches or more or any non-street tree with DBH of six inches or more on their property shall submit a tree removal application to the Zoning Officer. The application shall clearly set forth the DBH, type and location of all trees proposed to be removed. No tree shall be removed until municipal officials have reviewed and approved the removal.
(2)
For larger scale clearing projects, involving the removal of more than 10 trees, a tree protection management plan must be submitted at the time of application. If the tree removal is being performed in connection with a proposed development requiring a site plan or subdivision approval, said application shall be submitted with the application for site plan or subdivision approval.
(a)
A tree protection management plan shall include the following information:
[1]
Location of all existing or proposed buildings, driveways, grading, septic fields, easements, underground utility lines, rights-of-way, and other improvements.
[2]
Location of existing wetland buffers, natural features, including wooded areas, watercourses, wetlands, and floodplains.
[3]
The limits of the tree protection zone as required based on the CRR of the trees to remain.
[4]
Location of all existing live street trees with DBH of 2.5 inches or more, or any non-street tree with DBH of six inches or more. Each tree shall be noted by its species, size and general health condition. Whenever possible, the actual canopy spread shall be shown.
[5]
Each tree, or mass of trees, to be removed or transplanted shall be clearly marked.
[6]
A chart tabulating the diameter inches being removed, and the required compensatory trees.
[7]
Specifications for the removal of existing trees and for the protection of existing trees to be preserved, including detail(s) of tree protection fencing, as required.
[8]
Location of compensatory proposed trees.
(3)
The application fee is $100 unless the submission of a tree protection management plan is required, in which case the application fee is $500.
B.
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 § 559-4, shall be subject to the requirement 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 § 559-4, shall be subject to the requirements of the Tree Replacement Requirements Table below.
(3)
The species type of replacement trees shall be permitted in accordance with Appendix A.[1]
[1]
Editor's Note: Said appendix 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 Township;
(c)
Be monitored by the applicant for a period of two years to ensure their 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) | Tree Replacement Criteria (See Appendix A) |
1 | DBH of 2.5 inches (for street trees) or six inches (for non-street trees) to 12.99 inches | Replant 1 tree with a minimum tree caliper of 1.5 inches for each tree removed |
2 | DBH of 13 inches to 22.99 inches | Replant 2 trees with minimum tree calipers of 1.5 inches for each tree removed |
3 | DBH of 23 inches to 32.99 inches | Replant 3 trees with minimum tree calipers of 1.5 inches for each tree removed |
4 | DBH of 33 inches or greater | Replant 4 trees with minimum tree calipers of 1.5 inches for each tree removed |
C.
Replacement alternatives:
(1)
If the Township 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) approved by the municipality.
(b)
Pay a fee according to the schedule below. This fee shall be placed into a fund dedicated to tree planting and maintenance of the trees on municipal property.
Tree Replacement Fees Table | ||
|---|---|---|
Category | Tree Removed (DBH) | Replacement Tree Value [See Subsection C(1)(b)] |
1 | DBH of 2.5 inches (for street trees) or six inches (for non-street trees) to 12.99 inches | $50/tree |
2 | DBH of 13 inches to 22.99 inches | $75/tree |
3 | DBH of 23 inches to 32.99 inches | $100/tree |
4 | DBH of 33 inches or greater | $250/tree |
(2)
The maximum tree replacement fee for the construction of a single-family home for which land use approval is not required other than a variance, or for the expansion of a single-family home, is $5,000, and for all other developments the maximum fee is $50,000.
[Amended 10-8-2024 by Ord. No. 2024-OR-033]
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 Township by all persons claiming an exemption. Except for hazard trees, proper justification shall consist of submissions such as photos and/or statements from NJ licensed tree expert as per N.J.S.A. 45:15C-11 or arborist:
A.
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. The number of trees removed is a rolling count across a five-year period. For example, if three trees from category 1 are removed in July 2023, the count resets to zero in July 2028. However, if one tree from category 1 is removed in July 2023 and another in July of 2025 the first tree will come off the count in July 2028 and the second in July 2030;
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 Township;
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, as identified by the Township Director of Public Works, may be removed with no fee or replacement requirement.
H.
Any land use application which received an approval from the Planning Board or Zoning Board of Adjustment before the effective date of this chapter.
This chapter shall be enforced by the Zoning Officer 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 $350 per replacement tree.
Each section, subsection, sentence, clause, and phrase of this chapter is declared to be an independent section, subsection, sentence, clause, and phrase, and finding or holding of any such portion of this chapter to be unconstitutional, void, or ineffective for any cause or reason shall not affect any other portion of this chapter.
This chapter shall be in full force and effect from and after its adoption and any publication as may be required by law.