[Adopted 10-21-2002 by Ord. No. 1401;
amended in its entirety 4-22-2024 by Ord. No. 24-10]
As required by the New Jersey Department of Environmental Protection,
under the Municipal Stormwater Regulation Program, the Borough of
River Edge must establish requirements for tree removal and replacement
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 article, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this article 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 article.
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 per inch of
DBH. For example, a tree with a six-inch DBH would have a CRR of nine
feet (six inches x 1.5 feet/inch = 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 meets 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 pedestrian
or vehicles, where pruning attempts have not been effective;
Is causing severe 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 (L.T.E.).
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 where
a tree(s) regulated by this ordinance is removed or proposed to be
removed.
A tree planted in the sidewalk or a planting strip 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 tree treatments intended to manage invasive
species. Removal includes grinding of the tree stump.
A.
Within a five-year period, any person who removes one or more street tree(s) with a DBH of 2.5 inches or more, unless exempt under § 384-8, shall be subject to the requirements of the Tree Replacement Requirements Table below.
B.
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 § 384-8, shall be subject to the requirements of the Tree Replacement Requirements Table.
C.
The species type and diversity of replacement trees shall be in accordance
with the most recent list of native trees published by the New Jersey
Department of Environmental Protection which shall be listed in Appendix
A.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
D.
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 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 (as) 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
|
Tree Removed (DBH)
|
Tree Replacement Criteria (See Appendix A)
|
Application Fee
|
|
1
|
DBH of 2.5 inches (for street trees) or 6 inches (for nonstreet
trees) to 12.99 inches
|
Replant 1 tree with a minimum tree caliper of 1.5 inches for
each tree removed
|
$50
|
|
2
|
DBH of 13 inches to 22.99 inches
|
Replant 2 trees with minimum tree calipers of 1.5 inches for
each tree removed
|
$100
|
|
3
|
DBH of 23 inches to 32.99 inches
|
Replant 3 trees with minimum tree calipers of 1.5 inches for
each tree removed
|
$150
|
|
4
|
DBH of 33 inches or greater
|
Replant 4 trees with minimum tree calipers of 1.5 inches for
each tree removed
|
$200
|
E.
Replacement alternatives: If the Superintendent of the Department
of Public Works or any other entity designated by 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 following cases. Proper justification
shall be provided, in writing, to the municipality by all persons
claiming an exemption including photos, a detailed explanation as
to why they should be exempt and any statements from a licensed tree
expert 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.
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 Borough;
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,
provided however, that the grinding of the tree stump is required
as part of the removal process.
This ordinance shall be enforced by the DPW Superintendent and
by the River Edge Police Department and/or Code Enforcement Officer,
during the course of ordinary enforcement duties.
Any person(s) who is found to be in violation of the provisions of this ordinance shall upon conviction be subject to a fine of not less than $100 nor more than $2,000, imprisonment for a term not to exceed 90 days or community service for a period of up to 90 days, or any combination thereof. In addition, the Borough may recover the sum of $500 for each tree that would have been required for mitigation pursuant to § 384-7. Any additional sums recovered shall be deposited into the Borough's Shade Tree Replacement Fund.
