[HISTORY: Adopted by the Mayor and Council
of the Borough of Hopatcong 5-15-2024 by Ord. No. 8-2024.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 228,
Trees, adopted 5-19-1988 by Ord. No. 21-88.
The purpose of this chapter is to establish requirements for
tree removal and replacement in the Borough of Hopatcong 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:
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 6 inches by 1.5
feet = 9 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.);
Is determined to be a threat to public health, safety, and/or
welfare by a certified arborist or licensed tree expert (LTE); or
Any tree over a twelve-inch DBH that has a height greater than
the distance to the nearest building.
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.
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.
Replant one tree with a minimum tree caliper of 1.5 inches for each
tree removed.
B.
Replacement tree(s) shall:
(1)
Be replaced in kind at a 1:1 ratio, one replacement tree per each
tree removed;
(2)
Be planted within 12 months of the date of removal of the original
tree(s) or at an alternative date specified by the municipality;
(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;
(4)
Shall not be planted in temporary containers or pots, as these do
not count towards tree replacement requirements;
(5)
Not be an invasive species; and
(6)
Be planted in accordance with SESC standards.
C.
Replacement alternatives. 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 applicant shall
do one of the following:
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 trees per acre that require replacement
under the tree replacement requirement within 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 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.
This chapter shall be enforced by the Police Department and/or
other municipal officials of the Borough of Hopatcong 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 $200.
