[Added 4-4-2024 by Ord.
No. 880]
This chapter establishes the minimum requirements for tree removal
and replacement on private and public property in the Borough for
purposes of: reducing soil erosion and pollutant runoff; promoting
infiltration of rainwater into the soil; protecting the tree canopy
and streetscape; maintaining the other significant aesthetic, economic,
ecological, environmental and health benefits that trees offer the
community; and protecting the environment, public health, safety and
welfare.
[Added 4-4-2024 by Ord.
No. 880]
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, 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 who applies for approval to remove trees regulated
under this chapter.
The area around the base of a tree where the majority of
the root system is found. This area 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. For species of trees where the main trunk divides below
the four-and-half-foot height, the DBH shall be measured at the highest
point before any division.
The Borough Administrator or such other official(s) and/or
employee(s) as may be designated by the Administrator.
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:
A licensed tree care operator as defined by N.J.S.A. 45:15C-12.
A licensed tree expert as defined by N.J.S.A. 45:15C-12.
Shall have the same meaning as set forth in Section 1-2 of this Code.
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 adjacent property line and the curb or traveled portion of the
street, exclusive of any sidewalk.
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.
"Remove" shall not include responsible pruning and maintenance of
a tree, or the application of treatments intended to manage invasive
species.
An individual who resides on residential property in the
Borough. As used in this chapter, "resident" shall also include any
contractor hired by the individual who resides on a residential property
to remove or proposes to remove one or more trees regulated by this
chapter.
A tree planted in the 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.
[Added 4-4-2024 by Ord.
No. 880]
a.
No person shall be permitted to remove, or cause to be removed, any
street tree, except in accordance with this section.
b.
A person may request the enforcement officer's permission to
remove a street tree, which permission shall be granted or denied
in the reasonable discretion of the enforcement officer. The enforcement
officer may also request that the applicant provide, and the applicant
shall provide, such additional information as may be necessary for
the enforcement officer to make a decision on the request. The enforcement
officer shall approve or deny the request within 20 business days
of a written request. The failure of the enforcement officer to approve
or deny the request within 20 business days shall constitute a denial
of the request.
[Added 4-4-2024 by Ord.
No. 880]
a.
No person shall remove, or cause to be removed, any non-street tree
with a DBH of six inches or more without a tree removal permit issued
in accordance with this section.
b.
Any person seeking to obtain a tree removal permit shall first submit
a tree removal application to the Clerk's office, in accordance
with the requirements of this section.
c.
Each applicant shall complete a tree removal application with such
documents and other materials, as required by the Clerk's office,
including the following:
1.
An application fee of $20 or $10 per tree to be removed, whichever
is higher.
2.
A narrative specifying:
(a)
The location of the property where the tree removal is to take place,
by both street address and lot and block number;
(b)
The name and address of the owner of the property;
(c)
The name and address of the applicant for the permit, if other than
the owner, accompanied by the owner's consent to said application;
(d)
A list providing the species, DBH and number of trees to be removed;
and
(e)
A description of the applicant's tree replacement plan, in accordance
with paragraphs c3(e) and c4 below.
3.
A sketch and/or printed plan showing the following:
(a)
The size of the lot;
(b)
The location upon the lot where the removal of the tree or trees
is proposed to take place;
(c)
The identity and location of trees to be removed;
(d)
The location of all streams and wetlands on the lot, if any; and
(e)
The proposed location(s) for planting of replacement tree(s) in accordance
with paragraph c4 immediately below.
4.
Replacement tree requirements.
(a)
Each removed tree shall be replaced in kind with a tree that has
an equal or greater DBH than the tree removed. Alternatively, the
applicant shall comply with the Tree Replacement Criteria in paragraph
c5 below; and
(b)
Each removed tree shall be planted within 12 months of the date of
removal of the original tree(s) or at an alternative date specified
by the enforcement officer; and
(c)
Each replacement tree shall be monitored by the applicant for a period
of two years from the date of planting to ensure its survival. If
the replacement tree does not survive during this time period, the
applicant shall replace it in kind within 12 months; and
(d)
No replacement tree shall be planted in temporary containers or pots.
5.
In the event the applicant does not replace the removed tree(s) in
kind with a tree(s) that has an equal or greater DBH than the tree(s)
removed, the applicant shall comply with the requirements of this
paragraph c5. Note that the requirements of this subsection shall
only apply when the applicant does not replace the removed tree(s)
in kind with a tree(s) that has an equal or greater DBH than the tree(s)
removed.
(a)
The applicant shall replace each removed tree as follows:
|
Tree Replacement Schedule
| |||
|---|---|---|---|
|
Category
|
Tree Removed (DBH)
|
Required Replacement Tree(s)
|
*Tree Replacement Fee
|
|
1
|
Tree with DBH of 6" to 12.99"
|
One replacement tree (1.5" minimum caliper)
|
$300.00
|
|
2
|
Tree with DBH of 13" to 22.99"
|
Two replacement trees (1.5" minimum caliper each tree)
|
$600.00
|
|
3
|
Tree DBH of 23" to 32.99"
|
Three replacement trees (1.5" minimum caliper each tree)
|
$900.00
|
|
4
|
Tree DBH of 33" or greater
|
Four replacement trees (1.5" minimum caliper each tree)
|
$1,200.00
|
(b)
In the event the enforcement officer determines that some or all
of the required replacement trees cannot be planted on the property
on which the tree removal occurred, then the applicant shall do one
of the following:
(1)
Plant the required replacement trees in a separate area(s) approved
by the enforcement officer; or
(2)
*Pay a "replacement tree fee" in accordance with the above schedule.
The fee shall be deposited into the Hopewell Borough Tree Trust Reserve
for each tree removed based on the foregoing Tree Replacement Schedule.
The tree replacement fee shall represent the cost to replace the removed,
including administration and labor costs, and shall be maintained
and utilized by the borough for purposes of planting and maintaining
trees in public rights-of-way and on public property within the Borough.
(c)
Replacement trees planted in accordance with this paragraph c5 shall
be a minimum caliper of 1.5 inches each tree. The applicant shall
also ensure that the selection of tree species for the replacement
tree(s) shall be based on the climate, environmental considerations
and conditions on the property. From time to time, the Borough shall
publish and update a list of appropriate tree species on its website
for this purpose.
d.
Upon receipt of a completed application, the enforcement officer
shall visit the site to verify the contents of the application. The
enforcement officer shall issue the permit within 20 business days
of receipt of the completed application. The enforcement officer's
failure to issue a permit within 20 business days shall be deemed
the approval of the permit.
[Added 4-4-2024 by Ord.
No. 880]
a.
All persons shall comply with the requirements set forth in Sections 22-3 and 22-4 above, except for the following:
1.
Tree farms in active operation, nurseries, fruit orchards, and garden
centers.
2.
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.
3.
Any trees removed as part of a municipal or state decommissioning
plan. This exception only includes trees planted as part of the construction
and predetermined to be removed in the decommissioning plan.
4.
Any trees removed pursuant to a New Jersey Department of Environmental
Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved
environmental clean-up, NJDEP approved habitat enhancement plan or
municipal forestry plan.
5.
Approved game management practices, as recommended by the State of
New Jersey Department of Environmental Protection, Division of Fish,
Game and Wildlife.
b.
While the foregoing categories are exempt from the replacement tree
requirements established in this chapter, the person removing the
trees shall submit sufficient documentary evidence (such as photographs
or written advice from a LTE or LTCO) demonstrating the foregoing
in advance of tree removal.
[Added 4-4-2024 by Ord.
No. 880]
This chapter shall be enforced by the Police Department, Zoning
Officer, enforcement officer (as defined in this chapter) and/or other
municipal officials and employees during the course of ordinary enforcement
duties.
[Added 4-4-2024 by Ord.
No. 880]
Any person in violation of this chapter shall be subject to a minimum fine of $100 and maximum fines and penalties as set forth in Section 3-11 et seq. of this Code.
