[1983 Code Part VI T.23 §§ 1 — 13; Ordinance No. 1766; Ord. No. 06-2728 § 1; Ord. No. 2015-3092; repealed and replaced 6-24-2024 by Ord. No. 24-3321. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Appendix A Approved List of Replacement Tree Species and Planting StandardsAttachment 2 - Appendix B List of Invasive or Problematic SpeciesAttachment 3 - Appendix C Tree Planting Details
[Added 6-24-2024 by Ord. No. 24-3321]
This chapter establishes requirements for tree removal and replacement in the City of Summit to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare. The Governing Body of the City of Summit is in agreement with the New Jersey Courts and the New Jersey Shade Tree and Community Forestry Assistance Act that the protection and preservation of tree(s) has been found to positively and unquestionably affect the public interest. The New Jersey Shade Tree and Community Forestry Assistance Act, N.J.S.A. 13:1L-17.1 et seq., provides that shade tree(s) and forests are a necessary and important part of community and urban environments, and are critical to the environmental, social, and economic welfare of the State of New Jersey. The Governing Body has also determined that one of the City's characteristics that has made it an attractive and welcoming community are its tree-lined streets and tree canopy. As the preservation, protection, maintenance, and controlled removal of certain tree(s) is essential to the health, safety, economy, and general welfare of the City of Summit, it is essential to designate this chapter for the regulation of tree welfare on public and private lands.
[Added 6-24-2024 by Ord. No. 24-3321]
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" mean the requirement is always mandatory and not merely directory.
APPLICANT
Any person, as defined in this chapter, who applies for approval to remove tree(s) regulated under this chapter.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
BUILDING ENVELOPE
The area within the front-yard, rear-yard and side-yard setbacks where construction and site improvements may occur.
CALIPER (TREE CALIPER)
The standard for the measurement of the balled and burlapped replacement tree(s). Caliper is the diameter of the replacement tree trunk measured six inches above the ground level when it is dug at a nursery.
CANOPY COVERAGE
The total foliar area of all living tree(s) within a municipality expressed as a percentage of the total area of a municipality. It can also be used to describe the total foliar area of living tree(s) within a property.
CANOPY SPREAD
The area of foliage beneath the branches of a living tree.
CITY FORESTER
The Administrative Officer of the Protection of tree(s) Ordinance, duly appointed by the Governing Body who shall be N.J. Licensed Tree Expert and shall have the following qualifications: The City Forester shall supervise and ensure the conservation, protection, and care of tree(s), shrubs, and soil within the City, and having otherwise the scope of duties and authority provided for herein.
a. 
Bachelor's degree in forestry, arboriculture, horticulture or ecology from an accredited college or university; or
b. 
International Society of Arboriculture (ISA) certified arborist; and
c. 
A minimum of five years' experience in the planting, care, and maintenance of tree(s).
CITY SHRUB
A shrub located on land owned by the City, the Board of Education, the Board of Recreation, or other municipal body, or which is otherwise located on a street, highway, right-of-way, or parkway.
CITY TREE
A tree located on any land owned by the City, the Board of Education, or other municipal body, or which is located within the public right-of-way on a street, highway, or parkway, or in the public right-of-way adjacent to (or specified distance from) the portion of the street reserved for vehicular traffic, excluding County and State right-of-way. This also includes tree(s) planted in planting strips within the roadway right-of-way, i.e., islands, medians, municipal parking lots, pedestrian refuges, or tree(s) temporarily deemed a City Tree through temporary easement. The term can also be referred to as a Street Tree.
COMMUNITY FORESTRY MANAGEMENT PLAN
A plan developed by municipalities/counties outlining the goals and objectives for managing tree(s) on municipal property with the intent of minimizing liability to the municipality and maximizing the useful life of the tree resource. The plan is to be approved by NJ Department of Environmental Protection, Division of Parks and Forestry, NJ Forest Service. The Plan encourages volunteer participation in the implementation of the Plan's goals and objectives.
CRITICAL ROOT RADIUS (CRR)/ZONE
The area 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 inches DBH would have a CRR = 6"x1.5' = 9'.
DBH (DIAMETER AT BREAST HEIGHT)
The diameter of the trunk of a mature tree generally measured at a point of 4.5 feet above ground level from the uphill side of the tree. For species of tree(s) where the main trunk divides below the 4.5-foot height, the DBH shall be measured at the highest point before any division.
DRIPLINE
The circular area surrounding a tree, the radius of which area shall be the distance from the trunk of the tree to the outermost branches of the tree.
EMERGENCY
An event or events, disease or condition which has damaged or destroyed a tree or tree(s), such that the continued presence of such damaged or destroyed tree or tree(s) imminently threatens life or property in proximity thereto.
ENFORCEMENT OFFICER
The Director of Community Services, Parks and Shade Tree Foreperson, the City Forester, the Superintendent of Public Works, Code Enforcement Officer, or a representative duly authorized by the Director of Community Services or City Forester.
EROSION
The detachment and movement of soil or rock fragments by water, ice, wind, and gravity.
EXEMPT AREA
The lot area as provided in this chapter for which tree replacement shall not be required, such as a NJDEP designated wetlands area.
HAZARD TREE
A tree or limbs thereof that meet one or more of the criteria below. Tree(s) that do not meet any of the criteria below and are proposed to be removed solely for development purposes are not Hazard Tree(s). A Licensed Tree Expert is required to make all Hazard Tree determinations.
a. 
Has an infectious disease or insect infestation; or
b. 
Is dead or dying and/or is determined to be a threat to public health, safety, and/or welfare by a Licensed Tree Expert (LTE); or
c. 
Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective; or
d. 
Is causing obvious damage to structures (such as building foundations, sidewalks, etc.); or
e. 
Is a tree which receives an 11 or 12 rating under the International Society of Arboricultural rating method set forth in the ISA tree risk Assessment Manual as determined by an LTE; or
f. 
Is listed as an invasive or problematic species in Appendix B.
LANDMARK TREE
A voluntary designation given to a Significant Tree by the City Forester, in each case pursuant to the standards set forth in this chapter and affirmed by resolution of the Summit Common Council. To designate a tree as a Landmark Tree, person(S) must contact the City Forester.
LICENSED TREE EXPERT (LTE)
Individual who is certified by the State of New Jersey Board of Tree Experts, whose license is current and in good standing in the State of New Jersey, and is well-experienced in planting, care, and maintenance of tree(s).
MANAGEMENT PLAN
A preservation plan for existing tree(s), prepared by a Licensed Tree Expert specific to a property requesting a Tree Removal Permit.
MUNICIPAL AUTHORITY
Personnel who work for the City of Summit.
NON-STREET TREE
Also known as a Private Tree, shall mean any tree other than a City Tree as defined in this chapter.
OPEN SPACE
Any preserved parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use and enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open spaces, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designated to be incidental to the natural openness of the land.
ORNAMENTAL TREE
A small tree growing to a maximum height of 25 feet, planted mainly for its aesthetic value. Ornamental tree(s) are typically flowering, non-fruit producing tree(s) possessing interesting shapes, leaf color, fall color, or unusual bark patterns.
PERIMETER
The area of an individual property that is outside the Building Envelope and outside the permitted areas for accessory structures as defined and regulated in the Development Regulation Ordinances of Summit currently in effect.
PERSON
Any individual, resident, corporation, utility, company, partnership, firm, or association.
PLANTING STRIP
Typically means that part of public right-of-way between the paved road and the private abutting property line. If there is a sidewalk, the planting strip would refer to that portion of the land within a municipal right-of-way between the curb and the sidewalk.
PRIVATE TREE
Also known as a Non-Street Tree, shall mean any tree other than a City Tree as defined in this chapter.
PROTECTED ROOT ZONE
Defined by either the Critical Root Zone or the area beneath the Dripline, whichever is greater.
PROTECTIVE BARRIER/BARRIER
Restrictive fencing or barrier constructed to protect the root system or trunk of a Tree from damage or encroachment.
REPLACEMENT TREE
A tree, planted to comply with the condition of a Tree Removal Permit, properly balled and burlapped, in compliance with the conditions of Appendix A and Private/Non-Street Tree replacement requirements table, and deemed acceptable to the City Forester.
RESIDENT
An individual who resides on the residential/commercial property, is the property owner of the residential/commercial property, or contractor hired by the individual who resides on, or is the property owner of, the residential/commercial property where a tree(s) regulated by this chapter is removed or proposed to be removed.
ROOT SYSTEM
Tree roots within the dripline where no construction activity or re-grading may take place.
SHADE TREE
A tree that meets or exceeds the height of 50 feet at maturity.
SHADE TREE ADVISORY COMMITTEE (STAC)
A Committee, composed of resident volunteers, which has been formed to advise the city on forestry-related matters.
SIGNIFICANT TREE
(i) any woody perennial plant (species found commonly in Summit) having a six inch DBH for non-street/private tree(s) or two and one-half inch for Street Tree(s); or (ii) any Landmark Tree. The diameter of tree(s) composed of multiple stems or trunks, in most cases, shall be the sum of each individual stem or trunk at DBH.
SPECIMEN TREE
A tree that possesses distinctive form, size or age, and that has good aesthetic value, and including, without limitation, small hardwoods such as dogwood, and redbud. Any tree in fair or better condition which is recommended by the Shade Tree Advisory Committee (STAC) or City Forester based on considerations of whether the tree is a rare species of specimen thereof: is unusual in height, trunk diameter or dripline circumference for a tree of its species; has foliage of an unusual quality for a tree of its species; occupies a location which confers special shade, fragrance, erosion control, aesthetic, scenic enhancement, historic, preservation or cultural values to the community. For purposes of this definition, "in fair or better condition" shall mean that a tree has a relatively sound and sated trunk with no evidence of extensive decay or visual evidence of being hollow and with no major insect or pathological problem and has an anticipated life space of 10 years or more.
STREET TREE
Defined as a City Tree in the City of Summit.
TREE
Any deciduous or coniferous species which where the following can apply:
a. 
A woody perennial plant, and
b. 
Typically having a single stem or trunk growing to a considerable height, reaching a typical mature height of 12 feet or more, and/or
c. 
Has a typical DBH of six inches or greater, measured at 4.5 feet above grade, and/or
d. 
Bearing lateral branches at some distance from the ground.
TREE DAMAGE
Any purposeful or accidental actions which causes a tree(s) harm which includes, but is not limited to, excessive pruning, application of substances that are toxic to the tree, over-mulching or improper mulching, 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 and shall be treated the same as tree removal.
TREE DEDICATION FUND
A fund established by the governing body for the administration and promotion of tree and shrubbery resource sustainability projects and practices which are consistent with the City of Summit Community Forestry Management Plan.
TREE PROTECTION AREA
The area beneath the dripline.
TREE REMOVAL
To kill or to cause irreparable tree damage that leads to the decline and/or death of a tree. Removal does not include responsible pruning and maintenance of a tree, or the prescribed application of treatments intended to manage invasive species, insects, or disease.
TREE REMOVAL PERMIT
A license issued by the Department of Community Services to remove or destroy a tree or tree(s).
TREE REMOVAL PERMIT APPLICATION
A form issued by the Department of Community Services requesting permission to remove a tree(s) in the City of Summit which shall not be approved unless deemed complete by the City Forester or Enforcement Officer.
TREE REMOVAL PLACARD
A placard issued by the Department of Community Services designating an approved TREE REMOVAL pursuant to the conditions of this chapter.
TREE REPLACEMENT FEE
A fee calculated based on the average bid cost per tree, for all types of tree(s) purchased by the City of Summit, in its two most recent contracted planting projects and updated accordingly, but no more than twice annually, on the Tree Removal Permit application. If there is no bid within 12 months, the fee is then calculated at the local nursery's average cost of a tree multiplied by a factor of three.
TREE REPLACEMENT PLAN
A plan submitted by the applicant and approved by the City Forester for the required replacement of tree(s) on a site to include the proposed location, quantities, and placement of replacement tree(s) on public or private property.
TREE REPLACEMENT REQUIREMENTS TABLE
A chart outlining the number of tree replacement(s) and conditions.
[Added 6-24-2024 by Ord. No. 24-3321]
A City Forester shall be appointed by the Department of Community Services, through an annual Request for Services process, with services commencing January 1 and ending December 31, or a specified twelve-month period. The City Forester shall possess the qualifications defined in Section 29-2 and shall be paid for any services authorized on behalf of the City in accordance with an annual fee schedule established with the City. The City Forester shall be prohibited from taking any action on or representing any Summit private clients while under contract with the City. After the selection of the City Forester, the City shall enter into a contract with the City Forester, which shall set forth the fees charged by the City Forester for providing services to the City.
The City Forester shall perform the following duties set forth in this chapter and shall be responsible for the provisions of this chapter, including:
a. 
Perform any necessary inspections, administration and enforcement of tree removal and replacement, and is further authorized.
b. 
Issue violation notices and, shall sign complaints, and provide testimony in the Municipal Court for violations of this chapter.
c. 
Enter onto private property whereon there is located a tree, tree part, shrub, or plant part, that is suspected to be a public nuisance, and to order its removal if necessary. The City Forester or Enforcement Officer shall have the authority to require the removal of any tree or plant with an infectious disease or insect problem; dead or dying tree(s); a defective tree limb(s) or tree root(s) that obstruct streetlights, traffic signs, free passage of pedestrians or vehicles; a tree that poses a threat to safety, etc.
d. 
The City Forester is expressly authorized to deny Tree Removal Permit(S) in accordance with the provisions of this chapter, for reasons which include, but are not limited to existing tree canopy/spread, blight circumstances, among other factors.
e. 
Prepare an annual report to the Common Council as to the Tree Removal Permits approved or denied by said Forester in each calendar year pursuant to this chapter. Such report shall be supplied on or before March 31 of each year as to the preceding year via the Community Forestry Annual Accomplishment Report submitted to the State of New Jersey.
f. 
The City Forester shall attend meetings of the Shade Tree Advisory Committee.
g. 
The City Forester may designate Landmark and/or Specimen Tree(s). Any removal of a Landmark Tree or Specimen Tree within the City of Summit.
1. 
The City Forester, upon request or judgement, shall determine whether any Tree, in fair or better condition, qualifies as a Landmark and/or Specimen Tree.
2. 
A tree may qualify as a Landmark and/or Specimen Tree if it meets one or more of the following criteria:
(a) 
The tree species is rare; or
(b) 
The tree is more than 100 years of age, or is of a distinctive age, or of notable historic interest to the City of Summit; or
(c) 
The tree is of an unusual height or has an unusual trunk diameter or dripline diameter for a tree of its species; or
(d) 
The quality of the tree foliage is unusual for a tree of its species; or
(e) 
The location, shade value, fragrance, erosion control, aesthetic, features, or scenic enhancement of such tree is of special importance to the City; or
(f) 
The tree possesses distinctive form or size, has good aesthetic value, and including, without limitation, small hardwoods such as dogwood and redbud; or
(g) 
Any tree that occupies a location which confers special shade, fragrance, erosion control, aesthetic, scenic enhancement, historic, preservation or cultural values to the community; or
(h) 
For purposes of this designation, "in fair or better condition" can mean that a tree has a relatively sound and solid trunk with no evidence of extensive decay or visual evidence of being hollow and with no major insect or pathological problem and has an anticipated life space of 10 years or more.
3. 
All tree(s) designated as Landmark and/or Specimen Tree(s) by the City Forester shall be documented in the City records for periodic monitoring. Records may include appropriate code marks signifying each tree's designation, number, species, age, size, and other distinguishing characteristics.
4. 
If the owner or owners of the property on which a Landmark and/or Specimen Tree is located consents thereto, the City may identify such tree as a Landmark and/or Specimen Tree by the placement of a suitable marker thereon.
5. 
If, and when, any Landmark and/or Specimen Tree is removed, the City Forester shall arrange for the necessary changes to be made to the official Landmark and/or Specimen Tree inventory records.
[Added 6-24-2024 by Ord. No. 24-3321]
Subject to the exemptions set forth herein, no person shall remove or damage, or cause to be removed or damaged, any tree(s) located on land within the City without the express approval of the City Forester, and in compliance with this chapter, unless such action is specifically exempted by the provisions of this chapter. All provisions of this chapter shall apply to any person removing tree(s) on behalf of any other person, including all tree removal or construction companies or persons in the business of removing tree(s) or construction. It shall be unlawful for any person or company to remove or cause to be removed any tree unless a valid Tree Removal Permit is in effect and a Tree Removal Placard is displayed in accordance with the provisions set forth in Section 29-7; such removal or work shall constitute a violation of this section and shall subject the person or company violating this section to all penalties provided herein.
[Added 6-24-2024 by Ord. No. 24-3321]
When a Tree Removal Permit is required, it shall be reviewed by the City Forester or Enforcement Officer.
a. 
Tree Removal Permit Required. A Tree Removal Permit shall be required for any of the following actions:
1. 
Private/Non-Street Tree(s). Any removal of a Private Tree that is within the City of Summit.
2. 
Removals Under Planning and Zoning Board Applications. All proposed tree removals submitted as part of a Planning or Zoning Board application shall be reviewed by the City Forester or Enforcement Officer as a condition of application completeness and prior to being heard by either Boards. Any removal of tree(s) proposed as part of a Planning or Zoning Board approval must obtain a Tree Removal Permit, pursuant to this chapter.
3. 
Landmark and/or Specimen Tree(s). Any removal of a Landmark Tree or Specimen Tree within the City of Summit.
4. 
City Tree(s) and/or Street Tree(s). No City Tree shall be removed or caused to be removed except by the Department of Community Services or by express written permission of the City to the adjacent property owner who has received a valid Tree Removal Permit issued by the Department of Community Services.
(a) 
To the extent that any City Tree is located on land not owned or owned in fee by the City, unless specifically exempted in subparagraph B, it shall be unlawful for any person to remove, or cause to be removed, any tree(s), unless the Department of Community Services issues a Tree Removal Permit for the removal if, but only if:
(1) 
Such tree is so diseased or so infested as to be a danger to other tree(s) in the City or surrounding communities, or;
(2) 
Such tree is dead, meets the definition of a Hazard Tree, or its presence would cause hardship or endanger the public, the property owner, or an adjoining property owner, or;
(3) 
Such tree does not contribute to the health, safety, economy or general welfare of the City.
(b) 
The Department of Community Services may remove a tree that is located on land not owned in fee by the City only after providing 30 days' notice of such intended removal to the owner of such land (or if such owner cannot be found within the City, then within 35 days after the mailing of such notice, postage prepaid, to the post office address of such owner or owners if the same can be ascertained). If within 30 days (or 35 days thereafter), such landowner objects and requests a hearing before the Department of Community Services as to such removal, a hearing shall be held before such tree is removed. Such tree may thereafter be removed by the Department of Community Services provided that the City Forester finds:
(1) 
Such tree is so diseased or so infested as to be a danger to other tree(s) in the City or surrounding communities, or
(2) 
Such tree is dead, meets the definition of a Hazard Tree, or its presence would cause hardship or endanger the public, the property owner, or an adjoining property owner, existing or proposed structures, or utilities/utility service.
(c) 
The City Forester shall not plant a tree on any street, highway, right-of-way, or parkway, where the land on which the tree is to be planted is not owned/in fee by the City, without the consent of the owner of such land.
b. 
Tree Removal Permit Exemptions. A Tree Removal Permit shall not be required prior to removal for the following:
1. 
Tree(s) that are growing on property being used and zoned as a nursery, tree farm, garden center or fruit orchard; or
2. 
Tree(s) removed in accordance with a plan developed by a recognized State or Federal environmental protection authority, provided that a copy of such plan is filed with the Department of Community Services; or
3. 
Any tree located on publicly owned land and removed by the public agency or its representatives; or
4. 
Emergency removal of dead, diseased, or Hazardous Tree(s) upon certification by a Licensed Tree Expert, provided that a Tree Removal Permit application is filed, with photos and with stumps remaining, within five business days of the emergency tree removal; or
5. 
Tree(s) subject to the emergency removal process described in this chapter. Additional exemptions may be provided by the City Forester which can include issues with screening, stormwater runoff, erosion, tree health, specific solar needs, among other concerns, as deemed by the City Forester. Proper justification shall be provided, in writing, to City Forester by all persons claiming an exemption; this can include photos and/or statements from a Licensed Tree Expert.
c. 
Tree Removal Permit application. Applications for a Tree Removal Permit shall be submitted to the Department of Community Services. Forms are located on the municipal website and at the Department of Community Services in City Hall.
1. 
The application shall contain the following information at minimum:
(a) 
The contact information of the owner of the property where tree(s) are proposed to be removed including, but not limited to, name, address, phone number, and electronic mail.
(b) 
The contact information of the applicant including, but not limited to, name, address, phone number, and electronic email. Where the applicant is not the property owner, written consent of the property owner is required.
(c) 
State of New Jersey six-digit Business Registration Number of proposed contractor, and any applicable subcontractor(s), performing the tree removal work.
(d) 
At the discretion of the City Forester or Enforcement Officer, a tree survey must be submitted as part of the application to determine number, sizes, locations, and exemptions of tree(s) for the assessment of fees and to evaluate tree removal appropriateness given the following conditions:
(1) 
A development plan of the property or diagram that shall contain the following information:
(i) 
A description of the premises where removal is to take place, including lot and block numbers and street addresses as assigned.
(ii) 
A statement detailing the purpose for which the tree(s) are being removed.
(iii) 
An indication of all tree(s) proposed to be removed, specifically by an assigned number, the species and diameter of each tree with a diameter of six inches or more.
(iv) 
An indication of all tree(s) to remain and proposed replacement tree(s), if any as required, including their size and species specifically by an assigned number if necessary. All trees to be removed shall be clearly marked with at least one-inch wide colored tape tied around the trunk.
(v) 
Any other information which may reasonably be required to enable the application to be properly evaluated including, but not limited to, a description of the purpose for which this application is to be made, e.g., scenic improvements, hardship, danger to adjacent properties, removal of diseased or damaged tree(s), transplanting or removal in a growing condition to other locations, installation of utilities, drainage of surface water, or other pertinent information.
2. 
The City Forester or Enforcement Officer may require person(s) to notify adjacent property owners for Significant Tree(s) removals that are near the property line and send proof of communications to City Forester.
d. 
Standards for Review; Denial; and Issuing Tree Removal Permit. The following standards for review of a Tree Removal Permit application and issuance of such permit by the City Forester or Enforcement Officer shall apply.
1. 
Permitted Removal. No tree(s) shall be permitted to be removed unless, at a minimum, the tree is:
(a) 
Located within the building footprint of a proposed principal building;
(b) 
Dead, meets the definition of a Hazard Tree, or poses a safety hazard;
(c) 
Located within the area of, or close proximity to, a proposed driveway, walkway, utility line, accessory building, swimming pool, or any other structure and the applicant has a permit from the Construction Office for that purpose;
(d) 
Located in a front-yard area proposed to be landscaped provided that a professionally prepared landscape plan is attached to the application and is approved by the City Forester;
(e) 
Specifically permitted to be removed in a site plan approved pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et. seq.).
2. 
No Tree Removal Permit shall be issued for the removal of a healthy Landmark and/or Specimen Tree(s) that can be preserved through pruning, feeding, cabling, spraying, or other such means as the City Forester determines may be reasonably undertaken. All avenues to preserve a Landmark and/or Specimen Tree(s) must be exercised including, but not limited to, coordinating with the City Forester to work around the Landmark and/or Specimen Tree(s).
3. 
Non-Emergency Removal. Within 15 business days after the submission of an application for a Tree Removal Permit for the removal of a tree or tree(s), which has been deemed complete, the City Forester and/or designee shall review the site and the application and either grant or deny the Tree Removal Permit, or extend for an additional 10 business days the period for review by the end of which s/he shall grant or deny the Tree Removal Permit.
4. 
Emergency Removal. All emergency removals must leave tree stumps until the City Forester or Enforcement Officer inspects the removal. Within five business days following an emergency, requiring immediate removal of a tree or tree(s) for which a Tree Removal Permit from the City Forester is required under this section, written notice shall be given to the City Forester by the property owner, supported by sufficient evidence demonstrating in form and content satisfactory to the City Forester that the removal meets the criteria of an emergency removal.
(a) 
If such removal is determined to be an emergency by a Licensed Tree Expert, the property owner removing, or causing the removal of, the Significant Tree(s) shall apply for a Tree Removal Permit within five business days of initiating Emergency Tree removal and provide a notarized statement from the Licensed Tree Expert that the removal was an emergency.
(b) 
Should any Private Tree need to be removed on an emergency or imminent emergency basis after due notice and non-compliance by property owner or person/party responsible, a lien may be placed on the property for the expense of said tree removal and be subject to additional penalties in this chapter.
e. 
Reasons for Denials. City Forester or Enforcement Officer can deny a Tree Removal Permit application should the requested removal cause or contribute to the below conditions if such conditions are not otherwise satisfactorily abated as determined by the City Forester or Enforcement Officer:
1. 
Additional runoff of surface water onto adjacent properties;
2. 
Erosion, silting, excessive dust, or anything that may contribute to soil or property instability;
3. 
Significant and adverse environmental impact;
4. 
Impairment to the growth or development of remaining tree(s) on the applicant's property or upon adjacent properties;
5. 
Drainage or sewerage problems;
6. 
Dangerous or hazardous conditions;
7. 
Acutely depresses the value of adjacent properties;
8. 
Acute, adverse impact on screening for neighboring property as determined by municipal authority;
9. 
City Forester's denial is in agreement/conjunction with a utility company when said company is cited as a reason for removal; or
10. 
Such removal is contrary to the mission and protections of Chapter 29.
f. 
Issuance of Permit. No Tree Removal Permit shall be issued without first being approved by the City Forester or Enforcement Officer.
1. 
Satisfactory review and inspection by the City Forester of the application and associated documents.
2. 
A Tree Replacement Plan may be required, to be approved by the City Forester or Enforcement Officer, for more than five trees being removed and/or proposed to be removed. City Forester may require a Tree Replacement Plan at any time or for any tree(s) proposed for removal.
3. 
Any and all permits approved by the Department of Community Services shall be declared null and void if the tree removal is not completed within a reasonable time, not to exceed 12 months after permit issuance. In no situation will the permit be valid for more than 12 months. Permits not used within this period will require a new application and the payment of new fees. For purposes of this section, a permit shall no longer be valid when the work authorized by the permit is completed.
4. 
The applicant shall prominently display on the site the Tree Removal Placard issued. Such Tree Removal Placard shall be displayed continuously prior to and while tree(s) are being removed or work done as authorized on the Tree Removal Permit and for 10 calendar days thereafter. In addition, the person(s) cutting or removing Tree(s), if other than the applicant, shall carry with them their authorization from the owner or applicant authorizing such person to cut or remove tree(s).
[Added 6-24-2024 by Ord. No. 24-3321]
All persons shall comply with the tree replacement standard in this chapter unless an exception applies.
a. 
Any tree removed pursuant to a Tree Removal Permit shall be replaced as provided below, unless said tree is located in an exempt area, or is dead, or meets the definition of a Hazard Tree, or fatally diseased as determined by a Licensed Tree Expert and confirmed by the City Forester. Tree replacement shall be required in accordance with the standards set forth in ANSI 260.1, American Standard for Nursery Stock and shall be in accordance with the below.
b. 
Any person who removes one or more viable or living Private/Non-Street Tree(s), as defined as tree removal, with a DBH of 12 inches or more, per property, unless otherwise detailed under this chapter, shall be subject to the requirements of the Tree Replacement Requirements Table (Section 29-6f) and comply with the specifications set forth in all Appendices.
c. 
The species type and diversity of replacement tree(s) shall be in accordance with Appendix A. Should a person want an exception to Appendix A, prior approval must be given in writing by the City Forester.
d. 
Before tree(s) are approved for removal, City forester or Enforcement Officer may require remedies which include but are not limited to, pruning, deep root feeding, cabling of structurally weak crotches, etc.
e. 
Approved replacement tree(s) shall:
1. 
Be planted on site unless all of the replacement tree(s) cannot be physically accommodated in agreement with City Forester;
2. 
At a minimum, all deciduous replacement tree(s) shall be 2-2.5 inches caliper balled and burlapped. If planting an evergreen, it should be seven feet - eight feet in height.
3. 
Be replaced in kind with a tree that, at full maturity, will possess an equal or greater DBH than the tree(s) removed to the greatest extent possible as determined by the City Forester. Further the canopy spread, as determined by the City Forester, shall meet the criteria in the Tree Replacement Requirements Table (Section 29-6f);
4. 
Be planted within 12 months of the date of removal of the original tree(s) or at an alternative date specified by the municipality;
5. 
Be monitored and guaranteed by the applicant, with periodic compliance action by municipal authority, for a period of two years to ensure their survival and shall be replaced as needed within 12 months;
6. 
Shall not be planted in temporary containers or pots, as these do not count towards tree replacement requirements;
7. 
At a minimum, Shade Tree(s) shall be replaced with Shade Tree(s) and Ornamental Tree(s) can be replaced with either Shade Tree(s) to the greatest extent possible or Ornamental Tree(s); and
8. 
Exceptions may be granted by the City Forester.
f. 
Resident's Private/Non-Street Tree Replacement Requirements Table:
Category
Tree Removed (DBH)
Tree Replacement Criteria (See Appendix A)
Application Fee
1
DBH of 12 inches or greater
Replant 1 Tree with a minimum Tree caliper of 2-2.5 inches for each Tree removed.
Standard application fee is a flat processing fee of $50 per approved Tree Removal Permit application, plus a $25 evaluation fee per approved living tree removed, unless the approved removal(s) is due to an exempted reason. See Section 29-8, Fees and Administrative Conditions.
Tree replacement(s) are in kind with a tree that, at full maturity, will possess an equal or greater DBH than tree removed to the greatest extent possible as determined by the City Forester.
Editor's Note: Appendix A is included as an attachment to this chapter.
g. 
Replacement Alternatives:
1. 
If the municipality determines that some or all required replacement tree(s) cannot be planted on the property where the tree removal activity occurred, then the applicant shall do one of the following:
(a) 
Plant replacement tree(s) in a separate area(s) approved by the municipality using a licensed landscape contractor.
(b) 
Pay the tree replacement fee per tree removed in accordance with the schedule in Section 29-8. This fee(s) shall be placed into a fund dedicated to tree planting and continued maintenance of the tree(s).
h. 
Tree replacement genus, species, variety, and locations must comply with all Appendices and be approved in writing by the City Forester prior to planting. Replacement tree(s) shall be guaranteed by property owner for two years and subject to periodic compliance inspections.
i. 
Invasive species are prohibited as replacement tree(s) and as newly planted tree(s)/shrubs, etc. in the City of Summit. See Appendix B for a prohibited species list.
Editor's Note: Appendix B is included as an attachment to this chapter.
j. 
Exemptions/Exceptions to tree replacement. The following are exempt from the tree Replacement Requirements:
1. 
Tree farms in active operation, nurseries, fruit orchards, and garden centers; or
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 municipality; or
3. 
Any tree(s) removed as part of a municipal, county, or state decommissioning plan. This exemption only includes tree(s) planted as part of the construction and predetermined to be removed in the decommissioning plan; or
4. 
Any tree(s) 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; or
5. 
Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife; or
6. 
Hazard Tree(s) may be removed with no evaluation fee or replacement requirement subject to the provisions of this chapter.
Proper justification shall be provided, in writing, to the City Forester by all persons claiming an exemption; this can include photos or statements from Licensed Tree Expert.
Exemptions to the above can be granted by the City Forester which can include issues with screening, stormwater runoff, erosion, tree health, specific solar needs, etc. as deemed by the City Forester. Proper justification shall be provided, in writing, to City Forester by all persons claiming an exemption; this can include photos and/or statements from Licensed Tree Expert as per N.J.S.A. 45:15C-11.
[Added 6-24-2024 by Ord. No. 24-3321]
a. 
No person shall:
1. 
Operate, place, or maintain within the dripline of any tree any machinery, equipment, heavy object, stone, rocks, cement, earth, soil, or other substance which may harmfully affect such tree by unduly compressing the earth or otherwise impeding or preventing the access of water or air to the roots of such tree, or
2. 
Excavate around or remove earth or soil from, or cause any water to flow upon, the roots of any tree, except that if provisions of this section create any undue hardship in the appropriate use and enjoyment of property, the City Forester may waive in whole or part such provisions, but only to the extent necessary to alleviate such undue hardship. Additional precautionary practices may be required by the City Forester.
b. 
Private Tree(s). The following additional provisions shall apply to Private Tree(s):
1. 
Tree protection measures and the limit of disturbance line shown on the site plan or grading plan shall be provided in the field with snow fencing or other durable material and verified by the City Forester prior to soil disturbance.
2. 
Protective barriers shall not be supported by the plants/tree(s) they are protecting but shall be self-supporting. Barriers shall be four feet high and shall last until construction is complete.
3. 
Chain link fence may be required for tree protection if warranted by site conditions and relative rarity of the plant.
4. 
Snow fencing or other substantial fencing used for tree protection shall be firmly secured along the dripline but shall be no less than 12 feet from the trunk and a minimum of three feet in height.
5. 
There shall be no temporary or permanent grade changes or encroachment within the dripline or Critical Root Radius (CRR)/Zone, whichever is greater, of a tree without a city-approved preservation plan prepared by a Licensed Tree Expert and approved by the City Forester prior to any work commencing.
6. 
Any excavation within the dripline, or within 12 feet of the trunk of an affected tree(s), whichever is greater, shall be done by airspade or hand-operated equipment.
7. 
Where a tree that has been noted for preservation is severely damaged and unable to survive, tree replacement shall occur as provided in the Tree Removal Permit.
8. 
Prior to construction and any tree removals, suitable tree protective barriers shall be erected and this protection, where required by the City Forester, shall remain until such time as the protection is authorized to be removed by the City Forester or Enforcement Officer. In addition, during construction no attachments or wires shall be attached to any of said tree(s) so protected. Where some grading must take place within the dripline of tree(s) in the protection zone, appropriate measures shall be taken to minimize impact to the tree(s). Any tree(s) seriously damaged during construction must be professionally treated by a Licensed Tree Expert or replaced if the damage is beyond treatment.
(a) 
A detail of the existing tree self-supported protective barrier shall be provided on all applications. The protective barrier shall be a minimum of four feet high.
(b) 
The self-supported protective barrier shall be placed, as determined by the city forester or designee, at the dripline of any tree along the limit of clearing and around the entire dripline for tree(s) to remain undisturbed within the limit of clearing as defined by City Forester.
(c) 
It shall be unlawful for any person in the construction of any structure or other improvement to place solvents, material, construction machinery or temporary soil deposits within the dripline.
(d) 
Street right-of-way and utility easements should be delineated by placing stakes a minimum of 50 feet apart and tying ribbon, plastic tape, rope, etc., from stake-to-stake along the outside perimeters of such areas to be cleared.
(e) 
Large tree protection areas separate from construction and land-clearing areas into which no equipment will venture may also be delineated as determined by the City Forester or designee following a field evaluation.
c. 
Maintenance of City Tree(s) and City Shrubs.
1. 
All City Tree(s) and City Shrubs located on property owned by the City shall be maintained solely by the Department of Community Services or contracted services designated by the Department of Community Services, with certain actions handled by previous, mutual agreement by specific designees, such as the Shade Tree Advisory Committee volunteers under direction of the City Forester.
2. 
All City Tree(s) and City Shrubs located on property not owned by the City, including tree(s) and shrubs located on a street, highway, right-of-way, or parkway, shall be maintained by the owner of the property on which the tree(s) or shrubs are located; provided, however, that the City Forester may cause such City Tree(s) and City Shrubs to be trimmed or removed as part of any on-going program of tree and shrub maintenance in any area of the City where such program is being conducted for the health, safety, economy or general welfare of the City.
3. 
All City Tree(s) and City Shrubs not included within the provisions of paragraphs 1. and 2. hereof and not located on property owned by the City, but which property is owned by some other person including, but not limited to, the Board of Education, or some other municipal body, may be maintained by the Department of Community Services as is required for the public welfare.
4. 
If any City Tree and City Shrub requires trimming in order not to constitute a danger to the public or adjoining property owners, the owner of the land upon which such City Tree and City Shrub is located shall, upon being notified in writing by the City Forester, trim or cause to be trimmed, such tree or shrub within 30 calendar days after such notification, or if such owner cannot be found within the City, then within 35 calendar days after the mailing of such notice, postage prepaid, to the post office address of such owner or owners, if the same can be ascertained, unless owner is the City of Summit.
5. 
It shall be unlawful to commit any of the following acts with respect to City Tree(s) without the prior written permission of the City Forester or Enforcement Officer.
(a) 
Cut, prune, break, injure, alter, or remove any City Tree; or cut, unduly disturb, or interfere in any way with any roots of a City Tree(s).
(b) 
Spray any City Tree with a chemical.
(c) 
Fasten any rope, wire, sign, or other device to a City Tree(s) or to any guard about such a City Tree(s).
(d) 
Install, remove, or injure, any guard or device placed to protect any City Tree(s).
(e) 
Close or obstruct any open spaces provided about the base of a city tree(s), which permit the access of air, water, and fertilizer to the roots of such city tree(s).
(f) 
String any wires or lines through a public park.
The City Forester shall grant such written permission if the activity for which such permission is requested is in the public interest and is not likely to materially injure any City Tree.
6. 
Any person having or maintaining any electric, telephone, telegraph, cable TV or other wires, or lines running through a public street or park, shall securely fasten and maintain such wires and lines in such a manner as will safeguard City Tree(s) against any damage therefrom and shall make periodic adjustments whenever necessary to prevent damage to City Tree(s) and City shrubs. No electric, telephone, telegraph, cable TV or other wires may be attached to City Tree(s).
7. 
When necessary to prune or remove any City Tree(s), along a public street, any person having any wires or lines running through or along the public street shall temporarily remove, or cause to be removed, such wires or lines within five business days after the serving upon the owner of the wires or lines or owner's agent, of a written notice from the City Forester.
8. 
Any person performing line clearance operations (tree trimming) or having line clearance operations performed by any other person or persons shall first obtain the written approval of the City Forester.
9. 
Any person or persons who cause damage to any City Tree(s) by machines, autos, etc. shall be held liable for damages to the tree or tree(s). Damages shall be corrected or repaired by the City and the liable person or persons billed for the cost of corrections and/or repair.
10. 
Whenever it shall become the duty of any such owner or owners to cut, trim, remove, or destroy any City Tree or City Shrub and the work as directed by the City Forester shall not have been done at the expiration of the time provided herein, or satisfactory explanation shall not have been presented for such failure, then the Department of Community Services Director or designee, upon presentation of a report in writing by the City Forester, may authorize such work to be performed under the direction of the City Forester and paid for out of the monies of the City for the City's monthly compensation of the City Forester. The cost of this work shall be certified by the City Forester to the person having charge of the collection of assessments in the City. Upon filing the certificate, the amount of the cost of such work shall be paid to the City by the property owner and may be collected by the City in the manner provided by law.
11. 
No planting is permitted in the City's right-of-way or City property by any person unless explicitly approved by the City Forester in writing prior to planting.
[Added 6-24-2024 by Ord. No. 24-3321]
a. 
City Tree(s). There shall be no fee charged for the issuance of a Tree Removal Permit for the removal of a City Tree by Municipal Authority.
b. 
Private/Non-Street Tree(s). In connection with the application for a Tree Removal Permit, the applicant shall pay the fee(s) and abide by the conditions identified below.
1. 
When a permit has been approved by the City Forester for the removal of a Private Tree that is a Significant Tree, the following fees will be assessed:
(a) 
A non-refundable application processing fee of $50 per Tree Removal Permit application will be charged unless exempt under this chapter.
(b) 
An additional $25 evaluation fee will be charged per approved tree removal Tree(s) which are exempt under this chapter are exempt from the $25 evaluation fee per approved exempted tree.
2. 
Tree Removal Permit fees collected under this subsection shall be used to subsidize City salary funds for the City Forester's, or Enforcement Officer, hourly fee to inspect tree(s) to be cut, or removed, to render official endorsement, or rejection, of a Tree Removal Permit.
3. 
Tree Replacement Fees, as defined in this chapter and referenced on the applicant's tree removal application, are collected under this subsection shall be deposited into the Tree Dedication Fund of the City of Summit and shall be used to purchase replacement City Tree(s) within the City of Summit.
4. 
Field tree replacement conditions are found under Section 29-6, Tree Replacement.
[Added 6-24-2024 by Ord. No. 24-3321]
Any person aggrieved by a decision of the City Forester shall have the right to appeal such decision to the Department of Community Services Director. Such appeal shall be by written notice stating the reason(s) upon which the appeal is based and filed with the Department of Community Services within 14 business days of the decision of the City Forester.
The Director shall hear the matter, upon notice to the applicant, within 45 days after filing of the notice of appeal. Upon complete review of the application and after hearing the testimony of the City Forester, the applicant, and such other experts as may be appropriate, the Director may reverse, modify, or affirm the aforesaid decision.
[Added 6-24-2024 by Ord. No. 24-3321]
a. 
The requirements of this chapter shall be enforced by the City Forester or Enforcement Officer who shall seek such penalties as are provided in this chapter. All these named personnel can issue stop-work orders at any time when there is no tree removal placard displayed onsite.
b. 
Municipal authority may order to be stopped forthwith any tree work or other activity which they believe is carried on in violation of any provision of this chapter. The order shall be issued in writing and a copy served upon any person engaged in such tree work or such other activity. If no such person is present upon the property, then the order shall be served upon the owner of the property in question. Thereafter, any further work shall comply with the terms and conditions of any Tree Removal Permit issued by the City Forester with respect to such property and the provisions of this chapter.
c. 
Additionally, as a condition for the issuance of the Tree Removal Permit, or in any situation where a tree, shrub, or plant part is suspected to be a public nuisance, the applicant/property owner shall agree to the entry onto location premises by representatives of the City of Summit and all law enforcement officers as necessary to effectuate the provisions of this chapter and such entries shall be deemed lawful. Failure to allow such entry shall be unlawful and shall constitute a violation of this chapter and shall constitute failure to display permit as required herein.
[Added 6-24-2024 by Ord. No. 24-3321]
a. 
A person, firm, partnership, corporation, association or other legal entity violating, or causing to be violated, any of the provisions of this chapter including, but not limited to, any Person cutting down or removing a City Tree or a Private Tree without obtaining a valid Tree Removal Permit or permitting such removal of the tree in accordance with this chapter, are subject to the below conditions, with each tree removal a single violation/offense:
1. 
Be required to apply retroactively for a Tree Removal Permit, for the City's records, for the tree(s) already removed and to pay any fees or tree replacement costs as required in Section 29-8b and plant replacement tree(s) as required in Section 29-6; and
2. 
Can be issued a summons at the discretion of the City Forester or designee, and
3. 
Can be subject to a fine, to be deposited in the City of Summit Tree Dedication Fund, in an amount equal to:
(a) 
The per tree replacement cost based on the DBH as applied to the number of tree(s) specified in the resident's Private/Non-Street Tree Replacement Requirements Table, multiplied by the number of tree(s) improperly removed;
(b) 
And the total fine as calculated multiplied by two;
(c) 
In addition, the court may order restitution and/or appraised value, whichever is greater, and/or replacement of the tree(s) illegally removed.
b. 
A contractor illegally removing tree(s) at the direction of person, firm, partnership, corporation, association or other legal entity associated with the property of the violation(s), shall be subject to a fine of the tree replacement cost(s) as based on the DBH as applied to the number of tree(s) specified in the resident's Private/Non-Street Tree Replacement Requirements Table, multiplied by the number of tree(s) improperly removed. Fines are to be deposited in the Tree Dedication Fund. Repeated infractions may result in suspension of future work in the City of Summit.
c. 
The City Forester or other authorized official may institute any appropriate legal action to prevent a continuing and/or gross violation of the terms of the chapter or failure to comply with financial penalties. Upon conviction of such violation be punished by a fine of up to $2,000 for each offense or to imprisonment for a term not to exceed 90 days, or both, in the discretion of the Judge before whom conviction may be had.
d. 
It shall be unlawful and considered a violation of this chapter for any person to engage in the business of tree removal or tree maintenance within the City of Summit and without the applicable certification or license from the N.J. Board of tree Experts for the designated work. All contractors offering tree care services for hire within the City of Summit shall be registered annually with the State of New Jersey and provide their six-digit business number on Tree Removal Permit documentation. Contractors suspected of violations shall provide proof of State of New Jersey business registration, upon request by municipal authority, and a current certificate of insurance showing evidence of employer liability and workers' compensation coverage for the work to be performed. All contractors shall comply with applicable OSHA regulations, ANSI A13.1 Safety Standards, New Jersey Board of tree Experts Pruning Standards for Shade Tree(s) and ANSI A300 Practice Standards. All work to be performed for the City of Summit shall be by or under the direction of a Licensed Tree Expert and in compliance with industry standards for tree pruning, ANSI 2133.1 Safety Standards and ANSI A300 practice standards otherwise directed by or approved by the City Forester.
e. 
Person(s) failing to replace a tree(s) which did not survive the two-year guarantee period will be issued a summons and will be subject to a fine and/or the requirement to replace the tree(s) and/or contribute to the Tree Dedication Fund.
[Added 6-24-2024 by Ord. No. 24-3321]
In case of emergencies such as hurricanes, fire, windstorm, ice storm, flood, freezing temperatures or other disasters, or in the case of dead, meets the definition of a Hazard Tree, or diseased tree(s) that are a hazard to persons or property, the requirements of the regulations set forth in this chapter may be waived by City personnel upon a finding that such waiver is necessary so that the public or private work to restore order on the property in the City of Summit will not be impeded.
[Added 6-24-2024 by Ord. No. 24-3321]
Enforcement Officer is hereby authorized to issue stop-work orders to the holder of the Tree Removal Permit and the City Forester is authorized to recommend the issuance of stop-work orders to the City of Summit officials if there is:
a. 
A failure to comply with the approved plan such as a site plan, forest management plan or soil conservation plan;
b. 
Non-compliance with the Tree Removal Permit granted pursuant to this chapter; or
c. 
Non-compliance with the provisions of this chapter.
d. 
No display of approved tree removal placard.
The stop-work order shall remain in effect until the City Forester or Enforcement Officer has determined that the resumption of work will not violate the plans, permit or the provisions of this chapter.
[Added 6-24-2024 by Ord. No. 24-3321]
Each section, subsection, sentence, clause, and phrase of this chapter is declared to be an independent section, subsection, sentence, clause, and phrase, and finding or holding of any such portion of this chapter to be unconstitutional, void, or ineffective for any cause or reason shall not affect any other portion of this chapter.
[Added 6-24-2024 by Ord. No. 24-3321]
This chapter shall be in full force and effect from and after its adoption and any publication as may be required by law.