[HISTORY: Adopted by the Mayor and Council
of the Borough of South Plainfield 5-6-2024 by Ord. No. 2305.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also deleted former Ch. 444,
Trees, adopted 7-16-1992 by Ord. No. 1259 (Ch. 185 of the 1982
Code).
An ordinance to establish requirements for tree removal and
replacement in the Borough of South Plainfield 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" means
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. For example:
a tree with a six-inch DBH would have a CRR = 6" x 1.5' = 9'.
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;
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 licensed tree expert as defined
pursuant to the Tree Expert and Tree Care Operator's Licensing
Act, N.J.S.A. 45:15C-11, et seq.
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 article 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.
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 Construction Official.
No tree shall be removed until municipal officials have reviewed and
approved the removal.
(2)
Fees payable for the filing of an application for a tree removal
and site clearing permit shall be as follows:
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 § 144-14, 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 § 144-14,
shall be subject to the requirements of the Tree Replacement Requirements
Table.
(3)
The species type and diversity of replacement trees shall be in accordance
with Appendix A.
(4)
Replacement tree(s) shall:
(a)
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;
(b)
Be planted within 12 months of the date of removal of the original
tree(s) or at an alternative date specified by the Borough;
(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)
|
Required Action
|
|
1
|
DBH of 2.5 inches (for street trees) or six inches (for other
trees) to 12.99
|
Replant one tree with a minimum tree caliper of 1.5 inches for
each tree removed
|
|
2
|
DBH of 13 inches to 22.99 inches
|
Replant two trees with a minimum tree caliper of 1.5 inches
for each tree removed
|
|
3
|
DBH of 23 inches to 32.99 inches
|
Replant three trees with a minimum tree caliper of 1.5 inches
for each tree removed
|
|
4
|
DBH of 33 inches or greater
|
Replant four trees with a minimum tree caliper of 1.5 inches
for each tree removed
|
C.
Replacement alternatives.
(1)
If the Borough 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
Borough.
(b)
Provide an estimate from a nursery for supplying the requisite
number of trees, unplanted, and the fee shall be twice the estimate.
The Borough shall have full and sole discretion to review all estimates
and may reject any or all estimates and require submission of further
estimates which shall be subject to the same requirements. This fee
shall be placed into a fund established by the Borough for environmental
programs, such as tree planting, tree maintenance, tree preservation,
park development or landscaping and other comparable projects as recommended
by the Borough Council.
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 Borough by all persons claiming
an exemption which make consist of photographs, statements from an
LTE or certified arborist, or such other evidence as may be required
by the Borough.
A.
Tree farms in active operation, nurseries, fruit orchards, and garden
centers;
B.
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;
C.
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.
D.
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;
E.
Approved game management practices, as recommended by the State of
New Jersey Department of Environmental Protection, Division of Fish,
Game and Wildlife;
F.
Hazard trees may be removed with no fee or replacement requirement.
This article shall be enforced by the South Plainfield Police
Department or Code Enforcement during the course of ordinary enforcement
duties.
Any person(s) who is found to be in violation of the provisions
of this article shall be subject to a fine equal to the greater of
$1,000, or the cost of acquiring and planting a replacement tree.
The court shall have the discretion in lieu of a fine to require replacement
of the basal area of the removed tree.
Each section, subsection, sentence, clause, and phrase of this
article is declared to be an independent section, subsection, sentence,
clause, and phrase, and finding or holding of any such portion of
this article to be unconstitutional, void, or ineffective for any
cause or reason shall not affect any other portion of this article.
This article shall be in full force and effect from and after
its adoption and any publication as may be required by law.
