Borough of Runnemede, NJ: Regulated activities.

§ 371-1 Purpose.

This chapter establishes requirements for tree removal and replacement and penalties for noncompliance in the Borough of Runnemede to protect the environment, public health, safety and welfare.

§ 371-2 Definitions.

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, the 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.

APPLICANT

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

CRITICAL ROOT RADIUS (CRR)

The zone around the base of the tree where the majority of the root system is found. The 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 6 inches x 1.5 feet = 9 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 the ground level from the uphill side of the tree.

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;

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 LTE.

PERSON

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

PLANTING STRIP

A part of the 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 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 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, or 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 at 12 inches above the soil line.

TREE REMOVAL

To kill or 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.

§ 371-3 Regulated activities.

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 § 371-4, 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 § 371-4, shall be subject to the requirements of the Tree Replacement Requirements Table.

Replacement tree(s) shall:

(1)

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;

(2)

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

(3)

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

(4)

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

Tree Replacement Requirements Table
Category	Size of Tree Removed (DBH)	Tree Replacement Criteria (See Appendix A)	Application Fee
1	2.5 inches (for street trees) or 6 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	$50
2	13 inches to 22.99 inches	Replant 2 trees with minimum tree calipers of 1.5 inches for each tree removed	$50
3	23 inches to 32.99 inches	Replant 3 trees with minimum tree calipers of 1.5 inches for each tree removed	$50
4	33 inches or greater	Replant 4 trees with minimum tree calipers of 1.5 inches for each tree removed	$50

Replacement alternatives.

(1)

If the Borough of Runnemede 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 separate areas approved by the Borough.

(b)

Pay a fee of (amount to be set) per tree removed. This fee shall be placed in a fund dedicated to tree planting and continued maintenance of trees.

§ 371-4 Exemptions.

All persons shall comply with the tree replacement standards outlined above, except in cases detailed below. Proper justification shall be provided, such as photographs or statements from a New Jersey licensed tree expert, pursuant to N.J.S.A. 45:15C-11 et seq., or arborist, in writing, to the Borough of Runnemede by all persons claiming an exemption.

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 2025, the first tree will come off the count in July 2028 and the second in July 2030).

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

Properties used for silviculture under an approved forest stewardship or woodland management plan that is active and on file with the Borough;

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.

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.

§ 371-5 Enforcement.

This chapter shall be enforced by the Borough of Runnemede Police Department and the Public Works Department during the ordinary course of enforcement duties.

§ 371-6 Violations and penalties.

Any person(s) who is found to be in violation of the provisions of this chapter shall be subject to a fine not exceeding $2,000 and/or the planting of additional trees.