[HISTORY: Adopted by the Mayor and Council of the City of Hoboken 7-10-2024 by Ord. No. B-689. Amendments noted where applicable.]
A. 
It is the intent of this chapter, pursuant to N.J.S.A. 40:48-2, to promote the health, safety and general welfare of the people of the City of Hoboken by providing for the protection, regulation, planting and cutting of trees in such a way as to protect and preserve the City's biomass and the tree canopy which produces oxygen, provides habitat, and removes air pollutants.
B. 
The Mayor and the City Council find that the indiscriminate, uncontrolled destruction, removal, and cutting of trees upon City streets and public rights-of-way has caused an increase in stormwater runoff from private property onto City streets, contributing to street and overall City-wide flooding, affecting the general health, safety, welfare, and well-being of the residents of the City as well as the integrity of the natural environment and processes upon which the residents of the City depend.
C. 
The Mayor and the City Council also find that the indiscriminate, uncontrolled destruction, removal, and cutting of trees upon lots and tracts of land within the City has caused increased drainage control costs, increased soil erosion, increased buildup of atmospheric carbon and increased dust, tending to decrease the quality of life and to diminish property values in the City.
D. 
Trees provide shade and comfort to pedestrians and residents, reduce air temperatures and the urban "heat island" effect, reduce air pollutants and improve overall air quality, and reduce the amount of stormwater runoff. Tree-lined streets are proven to reduce the speeds at which automobiles travel on City streets, improving pedestrian safety. Trees also contribute to the fabric of a neighborhood; create a sense of place; increase economic activity; and connect human beings and nature. Therefore, the Mayor and the City Council find that it is in the public interest that an ordinance establishing conditions, standards and procedures for the removal and replacement of trees be enacted by the City.
A. 
With an ever-growing population in the City, it is absolutely essential to our citizens to remove pollution from our air. It takes approximately 20 mature trees to clean the air of gases produced from vehicular traffic consuming five gallons of gasoline. Healthy trees greatly assist in the battle against air pollution since moist tree foliage traps dust and soot particles until the rain washes them away. Trees also capture carbon dioxide, a by-product of the combustion of organic fuel materials.
As used in this chapter, the following terms shall have the meanings indicated:
ADMINISTRATIVE OFFICER
The Director having charge of the Department of Environmental Services or his/her designee.
APPROVED TREE SPECIES
The species of trees acceptable for use in planting in the City, which shall be native and adapted to urban environments. A list of approved trees species shall be maintained by the Shade Tree Commission and shall be reviewed and approved periodically by the Commission. Installation of any tree not found on the Approved Tree Species List shall be prohibited except as approved by the Shade Tree Commission.
APPROVED TREE SPECIES LIST
A list of approved trees species and recommended varieties and cultivars maintained by the Shade Tree Commission, and reviewed and approved periodically by the Commission, and made available on the City website.
CALIPER (CAL.),
As defined by the American Standard for Nursery Stock (ANSI) Z60.1 (2014), means trunk diameter as measured six inches from the ground unless the trunk is more than four inches caliper. CAL. is the standard measurement for trees.
CERTIFIED TREE CARE OPERATOR
One who meets the minimum qualifications for and currently holds a license as a Tree Care Operator with the New Jersey State Board of Tree Experts in compliance with state ordinance N.J.S.A. 45:15C-20 and the New Jersey Tree Experts and Tree Care Operators Licensing Act.
CERTIFIED TREE EXPERT
One who meets the minimum qualifications for and currently holds a license as a Tree Expert with the New Jersey State Board of Tree Experts in compliance with state ordinance N.J.S.A. 45:15C-20 and the New Jersey Tree Experts and Tree Care Operators Licensing Act.[1]
DIAMETER AT BREAST HEIGHT (dbh)
Diameter of tree measured at breast height, approximately 4.5 feet from the ground. Dbh is the standard measurement for existing trees.
DRIPLINE
A limiting line established by a series of perpendicular drop points extended vertically to the ground from the furthest ends of the horizontal branches marking the maximum radius of the crown of an existing tree but not less than eight feet from the trunk, whichever is greater.
PERMITEE
The entity in receipt of a tree permit.
PERSON
Any individual, firm, co-partnership, association, corporation, limited liability company, limited liability partnership or developer, other than the City.
PLANT CONSTRUCTION
As applied to public utility companies, shall mean poles, wires, cables, subsurface conduits, pipes, manholes and appurtenant facilities of such companies installed in a street.
PROFESSIONAL FORESTER
One who has a minimum of a Bachelor's of Science degree in forestry from a four-year college accredited by the Society of American Foresters or who is accepted by and listed with the NJDEP as a professional forester pursuant to N.J.A.C. 7:3-2.
PUBLIC UTILITY COMPANY
A public utility as defined in the Revised Statutes of the State of New Jersey (N.J.S.A. 48:2-13).
REPLACEMENT TREE
A nursery-grown certified tree, properly balled and burlapped or container grown and marked with a durable label indicating genus, species and variety, having a minimum caliper of three inches measured as defined herein. A replacement tree shall be selected from the Shade Tree Commission's Approved Tree Species List.
RESPONSIBLE PERSON/ENTITY
The owner of the property on which the tree is located and/or the owner of real property immediately adjacent to said street, road, highway, or public right-of-way where the tree is located, which person/entity shall be responsible for the care of trees now located, or which may hereafter be planted, along any street, road, highway, or public right-of-way.
SHADE TREE COMMISSION
The Hoboken Shade Tree Commission (HSTC) as established by the governing body in accordance with N.J.S.A. 40:64-1. Refer to Chapter 62, Shade Tree Commission.
SPECIMEN TREE
Any tree with a dbh of 16 inches or greater.
STANDARD DETAIL FOR TREE PROTECTION DURING CONSTRUCTION
The guidelines for protecting trees during construction on City property or in the public right-of-way, maintained by the Shade Tree Commission, and reviewed and approved periodically by the Commission, and made available on the City website.
STREET
A. 
Any public street, designated by the governing body, to be within the jurisdiction of the Shade Tree Commission.
B. 
Municipal parks and parkways.
C. 
County roads.
D. 
State highways.
STREET TREE INSTALLATION SPECIFICATIONS
The guidelines for planting street trees on City property or in the public right-of-way, maintained by the Shade Tree Commission, and reviewed and approved periodically by the Commission, and made available on the City website.
TREE
Any deciduous or coniferous species which reaches a typical mature height of 10 feet or more. An individual tree for the purpose of this chapter has a dbh of four inches or greater. A specimen with multiple trunks will be considered an individual tree with a dbh of 1/2 of the sum of the diameters of the trunks.
TREE GRATE
Metallic grating, at a tree pit, installed level with the pavement around a tree. Tree grates typically consist of two pieces of grating with a hole for the tree at the center and a metal frame.
TREE PERMIT
A permit to plant, prune, and/or remove trees issued by the administrative officer and Shade Tree Commission after review and approval of an application by those parties with jurisdiction.
TREE PIT GUARD
A decorative, low fencing at the perimeter of the tree pit designed to protect the tree and tree pit.
TREE REPLACEMENT PLAN
A plan for replacement of removed trees in accordance with the provisions of this chapter.
WOODED AREA
Any natural cluster or clusters of trees and vegetative undergrowth. Street trees, parking lot landscaping trees, and landscaping surrounding a building or structure that were planted in connection with prior development shall not constitute a wooded area.
WOODEN TREE GUARD
Tree guard consisting of the wooden frame and orange construction fencing used to protect existing trees from mechanical damage and root compaction during adjacent construction activity.
[1]
Editor's Note: See N.J.S.A. 45:15C-11 et seq.
A. 
Damage from electrical wires. Any person, firm or corporation having control over any wire for transmission of electrical current or other essential utility along a public street or right-of-way, or upon any City or private property, shall at all times guard all trees through which or near which such wires pass against any injury from wires or from electrical current carried by them. The device or means used shall in every case be subject to the approval of the Shade Tree Commission.
B. 
Contact of trees with injurious substances. No person, firm or corporation shall permit any brine, gas, human and animal waste or other injurious substance to come into contact with the stem or roots of any tree or shrub upon a public street or right-of-way, or upon any City property.
C. 
Interference with lawful work prohibited. No person, firm or corporation shall prevent, delay or interfere with any lawful work undertaken hereunder by the Shade Tree Commission, vendors retained by the Hoboken Department of Environmental Services or other employees of the City. Work includes tree inventory, pruning, watering, removals, and installation.
D. 
Hitching of animals; injury by animals. No person, firm or corporation shall hitch or fasten an animal to any tree or shrubs on a public right-of-way or to any guard or support provided for same, nor permit an animal to bite, scratch, urinate and defecate on, or to otherwise injure any such tree or shrub.
E. 
Attaching to trees. No person, firm or corporation shall attach a lock, chain, bicycle, scooter, permanent lighting, or permanent sign to any tree or shrub on a public right-of-way.
F. 
Garbage. No person, firm or corporation shall place garbage or trash, whether loose or contained, within one foot of a tree pit.
G. 
Tree preservation during construction.
(1) 
Any tree which is to remain on-site and/or within the public right-of-way shall be protected with wooden tree guards in compliance with the Shade Tree Commission Standard Detail for Tree Protection During Construction.
(2) 
All work done at a site with existing trees on City property or in the public right-of-way, including demolition, major renovation, new construction, and sidewalk replacement, shall be required to provide a wooden tree guard at each tree for protection throughout the duration of construction activity. Wooden tree guards at the sidewalk must be constructed in such a way that maintains ADA sidewalk clearance and does not impede beyond the curbline into the street.
(3) 
Projects under Zoning Board and/or Planning Board shall provide a plan for tree protection, showing the locations and sizes of existing trees, proposed removals, and proposed means of tree protection during construction, for review by the Shade Tree Commission.
(4) 
Excavation work within the driplines of existing trees shall be avoided. Efforts should be made to avoid new utility connections within the driplines of existing trees. If excavation work within the driplines of existing trees cannot be avoided, the Shade Tree Commission must be notified of the work, and a Certified Arborist or Licensed NJ Tree Expert must be on-site during construction to direct construction in a way that minimizes damage to the tree and its roots.
(5) 
No soil shall be deposited or removed within the dripline or within eight feet, whichever is greater, of any existing tree trunk. No machinery or materials shall be sorted, deposited, stored, cleaned or operated within the dripline or within eight feet, whichever is greater of any existing trunk.
(6) 
The grade of the land located along the dripline shall not be raised or lowered more than six inches unless compensated for by welling or retaining methods, and in no event shall the welling or retaining wall methods be less than eight feet from the trunk of the tree.
(7) 
All debris created during tree removal and replacement shall be removed from the site for disposal before any certificate of occupancy shall be issued.
(8) 
Where clearing and construction on the site results in accidental removal or severe damage of any tree delineated in the replacement plan as remaining on the site, each removed or damaged tree shall be replaced based on the tree replacement criteria detailed in § 169-8B, as can be accommodated by the planting site and approved by the Shade Tree Commission. Where additional replacement trees cannot be accommodated on-site, payment can be made in lieu of replacing such trees to the Shade Tree Trust Fund at the rates defined herein.
A. 
Administrative Officer and Shade Tree Commission authorized to remove certain trees and/or branches. The Administrative Officer and the Shade Tree Commission shall have the power to:
(1) 
Require the removal of any street tree or part thereof dangerous to public safety at the expense of the responsible person/entity for such tree;
(2) 
Remove any street tree or part thereof dangerous to public safety at the request and expense of the responsible person/entity for such tree;
(3) 
The Administrative Officer shall have the power to contract with the responsible person/entity of any real estate in the municipality to supply him or her with material and labor for the purpose of removing trees in accordance with this section, and to charge the actual cost thereof to such responsible person/entity. If after such material or labor is supplied, and payment is not made on demand, the Officer may certify the actual cost thereof to the Collector of Taxes, whereupon the sum so certified shall be collected by the Collector as other taxes on real property are collected in the City.
B. 
Permission required for certain acts.
(1) 
No person shall do or cause to be done upon trees, in any City-owned park, right-of-way, public street, road or highway within the City, without first obtaining written permission from the Shade Tree Commission or Administrative Officer, any of the following acts:
(a) 
Cut, trim, break, climb with spikes, disturb the roots or otherwise intentionally injure, misuse or spray with harmful chemicals or remove any living tree or remove any device installed to support or protect such trees;
(b) 
Plant any tree;
(c) 
Fasten any rope, cables, wire, electrical equipment, sign or other device to a tree or any guard about such a tree or shrub, unless the cables or wires are used expressly for the purpose of stabilizing the tree;
(d) 
Close or obstruct any open space provided at the base of a tree, which open space is necessary to permit the access of air, water or fertilizer to the roots of such tree;
(e) 
Pile, heap, deposit, or store any building material, soil, debris, excess mulch or any other matter or make any mortar or cement within the dripline or within eight feet, whichever is greater, of any existing tree trunk.
(2) 
No person shall cut, trim or remove portions of a tree originating on the property of another person, firm or corporation without that person's, firm's or corporation's express approval, or without approval from the Shade Tree Commission.
(3) 
No person shall install either a tree grate or unapproved tree pit guard without approval by the Shade Tree Commission.
(4) 
During the period of construction or repair of any building or structure or in the construction or repair of a sidewalk, street, road, and highway not yet dedicated to the City, the responsible person/entity therefor or the contractor shall take every precaution to place guards around all nearby trees on City land or within public rights-of-way so as to effectively prevent injury to such trees. The responsible person/entity and/or contractor shall each be responsible for the placement and removal of such guards or guardrails, and failure to make adequate provision for the protection of the trees shall subject the responsible person/entity and builder to a penalty as hereinafter provided.
C. 
Trees on public roadways. Where any person, business entity, association, trust, organization, or utility desires to control the growth of trees on a public street or right-of-way by removing them or pruning the trees, then the person, business entity, association, trust, organization or utility, or agent thereof, shall apply for tree permit approval to the Administrative Officer and shall outline the work to be performed. If the applicant fails to comply with the order of the Administrative Officer, the applicant shall be subject to the penalties as hereinafter provided.
D. 
Destruction of trees. No person shall cut, remove or destroy, or cause to destroy, any tree growing on streets or in public places, parks and parkways within the City of Hoboken without having first obtained a permit as provided in this chapter.
The following activities are exempt from the tree replacement element of this chapter:
A. 
Cutting, pruning and removal of trees in utility rights-of-way and easements by utility companies and agencies having jurisdiction over the respective utility. Trees removed by the utility shall be replaced at a ratio agreed upon between the Shade Tree Commission and/or Administrative Officer and the utility.
B. 
Cutting, pruning and removal of trees for City projects. Trees removed by the City shall be replaced at a ratio agreed upon between the Shade Tree Commission and/or Administrative Officer and the City.
C. 
Removal of trees which are dead or severely diseased or trees which have suffered severe damage. Any tree whose angle of growth makes it a hazard to structure or human life as determined by either the Shade Tree Commission, Administrative Officer, City Engineer, and/or Office of Emergency Management Coordinator.
D. 
Any trees removed pursuant to either a New Jersey Department of Environmental Protection ("NJDEP") or Environmental Protection Agency ("EPA") approved environmental cleanup or an NJDEP approved woodlands management plan.
E. 
Where no trees are being removed, no application need be submitted. A signed and sealed letter from applicant's engineer certifying that no trees are being removed shall suffice.
A. 
Procedure for obtaining a tree permit when approval from Zoning or Planning Board is not required.
(1) 
For the planting, pruning, or removal of trees i) not in conjunction with an application for development of property involving minor or major subdivision or a site plan, or ii) where the approval of the Planning Board or Zoning Board is not required, application shall be made to the Administrative Officer, on a tree permit application form approved by the Shade Tree Commission and Administrative Officer, and available on the City website.
(2) 
By signing the tree permit application, the applicant agrees to be bound by all obligations of the permit and this chapter and will be referred to as the "permittee." A permit may not be transferred.
(3) 
The Shade Tree Commission and Administrative Officer shall review the submitted information and determine what effect the proposed tree removal will have on the subject property. The Administrative Officer shall certify that the information contained in the application is accurate.
(4) 
A tree permit issued by the Shade Tree Commission and Administrative Officer under this section shall be valid for one year from the date of issuance. It shall be displayed or available for inspection at the site where tree removal and replacements are to take place. Any person may examine an application for tree permit on file with the Administrative Officer upon request made in writing or in person to that officer.
(5) 
The permittee may not perform any work other than that for which the permit provides, and for which all applicable fees have been paid.
(6) 
For trees to be removed or planted within the public right-of-way, a road opening permit from the City Engineer shall be obtained as per § 168-9 and Chapter 168, Article VIII, Road Opening Permits, of the City of Hoboken Municipal Code.
B. 
Procedure for obtaining tree permit when approval from Zoning or Planning Board is required.
(1) 
For the removal of trees in conjunction with an application for development of property as either a minor or major subdivision or site plan, or in any other form of development where the approval of the Planning Board or Zoning Board will be required, the applicant shall submit to the Board simultaneously with the application for approval of such development in a form and manner which complies with the City's land use regulations a plot plan consisting of a map having a scale not greater than one inch equals 50 feet showing clearly marked boundaries of the site, the location of all trees within the boundaries of the site and any trees outside of the site but within 20 feet of the boundaries of the site, and all trees to be removed. The map shall be prepared by a professional architect, landscape architect, planner, engineer or surveyor licensed in the State of New Jersey and authorized to submit such plans. The map or site plan shall also show:
(a) 
Locations of slopes greater than 10% where any tree removal is proposed;
(b) 
Total area of the tract in square feet;
(c) 
Locations on the tract where tree removal is to take place;
(d) 
A list identifying the species and common name of each tree, the number of trees of each species and the size in dbh of trees in the plot;
(e) 
A list identifying the species and common name of each tree, the number of trees of each species and the dbh of each tree which is to be removed;
(f) 
A specific replacement plan for the replanting of removed trees in accordance with § 169-8;
(g) 
When a subdivision is to be created by the application, individual plot plans shall be prepared showing the location of trees to be removed and replaced.
(2) 
The Planning Board or the Zoning Board shall forward the proposed tree removal and replacement plans to the Shade Tree Commission. The Commission shall certify that the plan is accurate and so advise the Planning Board or Zoning Board. The Shade Tree Commission shall further provide detailed comments and recommendations to the Planning or Zoning Board for incorporation into conditions of approval.
(3) 
A copy of the resolution of approval and a copy of the approved tree plan incorporating all conditions, and signed by the approving board chair, shall be submitted to the Administrative Officer before a tree removal and/or planting permit shall be issued.
(4) 
The tree removal and/or planting permit issued by the Administrative Officer shall be valid so long as the approved application is valid. The removal or damage to trees not approved for removal shall be considered a violation of this chapter.
(5) 
Any substantial change in a tree removal and replacement plan shall necessitate the submission of a revised plan to the Shade Tree Commission for review.
(6) 
The tree permit issued by the Administrative Officer shall be displayed or be available for inspection at the site where tree removal and replacement is to take place. Failure to display or make available the tree permit at the site of removal shall be a violation of this chapter. Any person may examine the application for tree permit on file with the Administrative Officer upon request made in writing or in person to that office. Copies of the application submission shall be made available at the usual charge.
(7) 
Prior to obtaining a demolition or building permit, the developer shall clearly mark for identification all trees to be retained, and shall provide protective barriers for those trees, as may be necessary.
(8) 
Prior to the issuance of the certificate of occupancy, the Construction Official shall receive a release from the Administrative Officer confirming that all trees to be retained, planted, or replaced on-site are in fact in existence, or that appropriate funds have been deposited as a bond or in escrow with the Shade Tree Commission to address planting at a later date when weather conditions permit.
(9) 
For trees to be removed or planted within the public right-of-way, a road opening permit from the City Engineer shall be obtained as per § 168-9 and Chapter 168, Article VIII, Road Opening Permits, of the City of Hoboken Municipal Code.
C. 
Insurance required.
(1) 
Work shall not commence until all insurance as required under the following subsections is submitted and until such insurances have been approved by the Shade Tree Commission and/or Administrative Officer. The certificate of insurance shall be presented prior to the permit being approved. The certificate of insurance shall name the City, and all of its officers, employees, agents and assignees, as additional insured.
(2) 
The permittee shall obtain and keep in force during the work under the permit general and public liability and property damage insurance coverage(s), in a form to be approved by the City of Hoboken Office of Corporation Counsel. Said insurance shall provide coverage to the permittee, any contractor(s)/subcontractor(s) performing work provided by the permittee, and the City. The City and its officers, agents, servants and employees, as their interest shall appear, will be named as additional insured on said policy insofar as the work and obligations performed under the permit concerned with address and location of the work site. The coverage so provided shall protect against claims for personal injuries, including death, as well as claims for property damage which may arise from any act or omission of the City, the permittee or the contractor(s)/subcontractor(s), or by anyone directly employed by either of them, and the minimum policy limits of such insurance will be as follows:
(a) 
Bodily injury liability coverage with limits of not less than $1,000,000 per occurrence.
(b) 
For bodily injury, including accidental death to any one person, and subject to that limit each person in the amount not less than $1,000,000.
(c) 
For each accident and property damage, coverage in an amount of not less than $1,000,000 for each accident.
(3) 
The permittee, its employees and agents agree to save the City, its officers, agents, servants and employees from all loss damages occasioned to it, or to any third person, or property by reason of any carelessness or negligence on the part of the permittee, its contractor(s)/subcontractor(s), agents, and employees in the performance of the work under the permit and shall, after reasonable notice thereof, defend and pay the expense of defending any suit which may occur against the City, its officers, agents, servants and employees, as their interest may appear, by the third person alleging injury by reason of such carelessness or negligence, and will pay any judgment which may be obtained against the City, its officers, agents, servants and employees, as their interest may appear, in such suit. The permittee shall furnish the insurance required.
A. 
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 § 169-6, shall be subject to the requirements of the Tree Replacement Requirements Table below.
(2) 
Any person who removes one or more tree(s), as defined as tree removal, with a dbh of six inches or more per acre, unless otherwise detailed under § 169-6, shall be subject to the requirements of the Tree Replacement Requirements Table.
(3) 
The species or type of replacement tree(s) shall be determined by the Shade Tree Commission and selected from the Shade Tree Commission's Approved Tree Species List.
B. 
Replacements trees shall:
(1) 
Be replaced in kind with a tree that has an equal or greater dbh than 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 months; and
(4) 
Shall not be planted in temporary containers or pots, as these do not count towards tree replacement requirements.
Category
Tree Removed
(dbh)
Tree Replacement Criteria
1
dbh of 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 3 inches for each tree removed
2
dbh of 13 inches to 22.99 inches
Replant 2 trees with minimum tree calipers of 3 inches for each tree removed
3
dbh of 23 inches to 32.99 inches
Replant 3 trees with minimum tree calipers of 3 inches for each tree removed
4
dbh of 33 inches or greater
Replant 4 trees with minimum tree calipers of 3 inches for each tree removed
C. 
On parcels to be developed where less than 10% of the site is permeable, in addition to any trees that must be replaced or provided under this chapter, there shall be required the addition of one tree for every 500 square feet of new or reconstructed impervious coverage. Vegetation incorporated in a landscaping plan or trees required for rights-of-way may not be credited toward this requirement.
A. 
All required replacement trees shall be planted on the site from which trees were removed. A waiver from any portion or all of the required on-site replacement shall be granted by the Shade Tree Commission, if the applicant has adequately demonstrated to the Commission that practical physical difficulties associated with the subject property that were not caused by the applicant and/or undue hardship related to the unique conditions of the site from which trees are to be removed preclude strict compliance with this chapter. The comments and recommendations of the Planning Board's professional planner and/or engineer may be solicited in determining whether the requested waiver is appropriate.
B. 
In lieu of replanting trees on the removal site, the applicant shall have the option of planting replacement trees of a type(s) selected by the Shade Tree Commission from the Approved Tree Species List at an off-site location chosen by the commission having jurisdiction in consultation with the Department of Environmental Services. Such off-site locations shall be public property and rights-of-way, including, but not limited to, public parks, public schools and public buildings.
C. 
For those excess trees that cannot be planted on the site, the applicant may make a contribution to be deposited in the Shade Tree Trust Fund escrow as established by this chapter. The contribution, in lieu of planting of trees, shall be $2,000 per tree. Applicants shall demonstrate their ability to plant as many trees on the site as reasonably practicable as determined by the Planning Board's professional planner and/or engineer. After a showing that the applicant can place no additional plantings on the site, the remainder shall be available for contribution in lieu of such plantings, subject to the recommendation of the review board's professional planner and/or engineer.
The applicant shall post a bond covering 15% of the cost of the tree replacement plan, including all labor costs, prior to the final engineering approval for the release of the performance guarantees, if any. The bond shall be held for two growing seasons after the cessation of construction or land disturbance on the site. Funds shall be used to replace trees which die or are damaged during this two-year period in the event that the applicant fails in his, her or its duty to replace trees. If the City replaces trees under this provision, all administrative fees to cover the City's costs, including the cost of replacement trees, labor, and materials, shall be deducted from any amount of funds to be returned to the applicant. Any unused funds shall be returned to the applicant at the end of the two-year period.
A. 
All funds collected as contribution in lieu of replanting trees shall be payable to the City of Hoboken and deposited into the Shade Tree Trust Fund. Funds so deposited shall be used solely for the planting of trees or other plants in public parks and property surrounding public buildings. The Shade Tree Trust Fund shall be administered by the Director of Finance. The Director of Finance shall report (listing by date for the report period) to the Shade Tree Commission, on a quarterly basis, the amount in the fund as of the end of each quarter, the amount deposited by each development application or other contribution, and all amounts dedicated from the fund for use for the purposes described in § 169-11B for that period. Such reports for any period shall be filed with the City Clerk and made available as a public record to residents who request them in writing pursuant to the Open Public Records Act.[1]
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
B. 
Any and all appropriations from the Shade Tree Trust Fund shall be made by the Shade Tree Commission with the advice and consent of the City Council, upon recommendation and report from the Shade Tree Commission as to the inventory of locations needing remediation based upon the removal of trees at those locations nearest the site which had generated the funds.
The following standards shall apply to any person, firm or corporation wishing to plant a tree upon any City sidewalk or along any public right-of-way. All planting is subject to approval and permitting by the Shade Tree Commission and/or Administrative Officer.
A. 
Street trees.
(1) 
Only trees which are identified on the Shade Tree Commission's Approved Tree Species List shall be selected.
(2) 
The minimum caliper of trees shall be three inches unless otherwise approved by the Shade Tree Commission.
(3) 
The mature height and spread shall be considered to ensure that it will not interfere with existing or proposed structures and overhead utilities.
(4) 
Trees shall not cause interference with streets, sidewalks, driveways, and other paved surfaces, or affect water and sewer lines or underground drainage systems or sight triangles.
B. 
Spacing and location.
(1) 
Recommended spacing is 25 to 35 feet on center, and minimum spacing is 15 feet on center. Actual spacing may vary due to local conditions. Consideration will be made for species, site lines, utility lines, streetlights, fire hydrants, underground vaults, bus stops, and other existing street furniture. New trees should be planted so that the center of the trunk is a minimum of five feet from underground utility lines such as gas and sewer house connections and from street signs, where feasible.
(2) 
Spacing of existing trees may determine the spacing standards for new street trees on the same block frontage.
(3) 
All tree spacing shall be subject to review and approval by the Shade Tree Commission.
(4) 
Where on-street parking is provided, tree pit guards shall be three-sided with the open side to the street and perpendicular sloping sides in order to minimize conflict with opening car doors. Where on-street parking is perpendicular to the curb, the trunk of the tree shall be planted far enough away from the curb so as to avoid vehicle bumpers in parking spaces.
C. 
Planting.
(1) 
Trees shall be planted in accordance with the Shade Tree Commission's Street Tree Installation Specifications. Those specifications shall be available from the office of the Administrative Officer and on the City website.
(2) 
Tree pits shall be as large as possible to allow for ample growing space for tree roots and crown. An ideal tree pit is five feet by 10 feet or greater; however, the overall width of a sidewalk can limit the size of the tree pit. The minimum width shall not be less than three feet and the length not less than five feet or a minimum of 15 square feet total. A minimum accessible clearance width of four feet must be maintained at sidewalks and paths for all new tree pits as required per the Public Right of Way Accessibility Guidelines (PROWAG).
(3) 
Tree pits shall be excavated to a depth of three feet below grade and to the full extent of the tree pit opening. Tree pits shall be completely free of all compacted soil, construction debris, and historic fill, and shall be backfilled with a high-quality sandy loam soil.
(4) 
Planting strips and the use of structural soil to expand and/or connect tree pits should be considered wherever possible and are subject to approval by the Shade Tree Commission.
D. 
Finishing.
(1) 
Tree pit guards shall be installed wherever possible. Guards shall be selected from the Shade Tree Commission's list of approved designs, and shall be installed in accordance with established standards.
(2) 
Tree pit guards shall not restrict the growth of the tree, raise the level of the soil around the tree, or pose a trip hazard to pedestrians.
(3) 
Tree pit guards shall not impede the flow of rainwater into the tree pit.
(4) 
Elevated curbing of any type around tree pits is not permitted. Such curbing is a tripping hazard and diverts the flow of stormwater from the pit.
(5) 
New tree grates are not permitted at any location within the public right-of-way. Exceptions shall be only considered at locations as approved by the Shade Tree Commission. Removal of existing tree grates is recommended.
A. 
The applicant shall be required to prepare and submit all required tree permits, tree replacement plans (if applicable) and tree replacement waivers (if applicable), to be submitted for review by the Shade Tree Commission, Administrative Officer, and/or Planning Board, pursuant to § 169-7A and B of this chapter.
B. 
Where trees are to be removed, the applicant shall provide an assessment of the trees on-site, determine the amount to be removed, and prepare a tree replacement plan to be submitted for review by the Shade Tree Commission and/or Planning Board, pursuant to § 169-7A and B of this chapter.
A. 
There shall be an application review and permit fee of $100 for a tree permit subject to § 169-7A. No application fee shall be collected for a permit for planting of new trees.
B. 
Where the applicant is seeking a tree permit and replacement plan approval under § 169-7B, the application fee shall be $500 in addition to all other fees required by the jurisdictional land use board.
A. 
Each tree cut, damaged or destroyed in violation of this chapter shall be deemed to be a separate and distinct violation. Any person convicted of violating any of the provisions of this chapter shall be liable to a penalty of not less than $250 nor more than $2,500 per violation.
B. 
In addition, the City may institute and maintain a civil suit in chancery for injunctive relief to enforce the provisions of this chapter. The City may also require the replacement of illegally removed trees with trees of similar species or appropriate contribution for same as set forth in other sections of this chapter.
C. 
The Administrative Officer or any Code Enforcement Officer of the City, upon the direction of the Shade Tree Commission, may revoke a tree permit where there has been a false or misleading application or there is noncompliance with the approved tree removal and replacement plan.