A chapter to establish requirements for tree removal and replacement in Borough of Franklin to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare.
[HISTORY: Adopted by the Mayor and Council of the Borough of Franklin 5-28-2024 by Ord. No. 09-2024.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter was originally numbered as Ch. 245 but was renumbered to maintain the alphabetical organization of the Code.
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 6" 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 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.); or
Is determined to be a threat to public health, safety, and/or welfare by a certified arborist or Licensed Tree Expert (LTE).
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 with a tree that has an equal or greater DBH than tree removed;
[Amended 9-24-2024 by Ord. No. 17-2024]
(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.
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 larger than a tree caliper of 1.5 inches within a five-year period. [The number of trees removed is a rolling count across a five-year period. For example, if three trees are removed in July 2023, the 'count' resets to zero in July 2028. However, if one tree is removed in July 2023 and another in July of 2025 the first tree will come off the count in July 2028 and the second in July 2030.]
[Amended 9-24-2024 by Ord. No. 17-2024]
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 Franklin 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.