Borough of Harrington Park, NJ Trees

An article to establish requirements for tree removal and replacement in Borough of Harrington Park to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare.

§ 320-2 Definitions.

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.

APPLICANT

Any "person," as defined below, who applies for approval to remove trees regulated under this article.

CRITICAL ROOT RADIUS (CRR)

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 inches DBH would have a CRR = 6"x1.5' = 9'.

DIAMETER AT BREAST HEIGHT (DBH)

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.

HAZARD 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. (Municipalities may choose to require a licensed tree expert to make all hazard tree determination.)

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).

PERSON

Any individual, resident, corporation, utility, company, partnership, firm, or association.

PLANTING STRIP

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.

RESIDENT

An individual who resides on the residential property or contractor hired by the individual who resides on the residential property where a tree(s) regulated by this article is removed or proposed to be removed.

STREET TREE

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.

TREE

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.

TREE CALIPER

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.

TREE REMOVAL

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.

§ 320-3 Regulated activities.

Optional application process.

(1)

Any person planning to remove a street tree, as defined as tree removal, 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 the Construction Code Official of the Borough of Harrington Park. No tree shall be removed until municipal officials have reviewed and approved the removal.

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 § 320-4, 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 § 320-4, 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.[1]

[1]

Editor's Note: Appendix A is included as an attachment to this chapter.

(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 municipality;

(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)	Tree Replacement Criteria (See Appendix A⁴⁰)	Application Fee [Municipality may choose to include and determine appropriate fees.]
1	DBH of 2.5" (for street trees) or 6" (for non-street trees) to 12.99"	Replant 1 tree with a minimum tree caliper of 1.5" for each tree removed	$25
2	DBH of 13" to 22.99"	Replant 2 trees with minimum tree calipers of 1.5" for each tree removed	$25
3	DBH of 23" to 32.99"	Replant 3 trees with minimum tree calipers of 1.5" for each tree removed	$25
4	DBH of 33" or greater	Replant 4 trees with minimum tree calipers of 1.5" for each tree removed	$25

Replacement alternatives.

(1)

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:

(a)

Plant replacement trees in a separate area(s) approved by the municipality.

(b)

Pay a fee of $250 per tree removed. This fee shall be placed into a fund dedicated to tree planting and continued maintenance of the trees.

§ 320-4 Exemptions.

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.

Residents who remove less than four trees per acre that fall into Category 1, 2, or 3 of the Tree Replacement Requirements Table within a five-year period. [The number of trees removed is a rolling count across a five-year period. For example, if three trees from Category 1 are removed in July 2023, the "count" resets to zero in July 2028. However, if one tree from Category 1 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.]

Tree farms in active operation, nurseries, fruit orchards, and garden centers.

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.

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.

Any trees removed pursuant to a New Jersey Department of Environmental Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved environmental clean-up, or NJDEP approved habitat enhancement plan.

Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife.

Hazard trees may be removed with no fee or replacement requirement.

§ 320-5 Enforcement.

This article shall be enforced by the Construction Code Official of the Borough of Harrington Park during the course of ordinary enforcement duties.

§ 320-6 Violations and penalties.

Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine of $250.