This chapter shall be known as the "Tree Removal, Replacement and Protection Ordinance."
[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood 1-5-1998 by Ord. No. 1143; amended in its entirety 6-3-2024 by Ord. No. 1786. Subsequent amendments noted where applicable.]
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. The use of the word "shall" mean the requirement is always mandatory and not discretionary.
Any person, as defined below, that applies for approval to remove trees regulated under this chapter.
A healthy tree that improves the quality of life of the community through some or all of the following: reducing stormwater runoff and flooding, providing biofiltration, improving overall canopy effect, supporting wildlife, sequestering carbon, mitigating noise and air pollution, and providing thermal benefits.
The Borough of Collingswood and all employees, appointed and elected officials, agents, contractors and/or representatives who have been authorized to enforce the provisions of this chapter.
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. 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 at least one of the criteria listed below. Trees that do not meet any of the criteria below and are proposed to be removed solely for the owner's personal reasons are not hazard trees.
One that is dead or in significant decline with no further pruning or treatment possible;
Has an infectious disease or insect infestation;
Is causing obvious damage to structures including building foundations, but excluding sidewalks;
Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning has not been effective; or
One that is a threat to public health, safety, and/or welfare by a Borough official or Borough designated certified arborists, or licensed tree experts (LTEs).
Any individual, resident, corporation, utility, company, partnership, firm, or association.
Any person that owns the property where a tree(s) identified in this chapter is removed or proposed to be removed by a contractor hired by the owner.
A tree planted in the public right-of-way which includes trees planted in the curb strip or along the back of sidewalk. No street tree shall be pruned or removed by any person, other than a Borough employee or by a contractor hired by the Borough.
A woody perennial plant, typically having a single stem or trunk growing to a considerable height and bearing lateral branches above 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, overmulching 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)
Street trees are protected by § 283-6. No street tree shall be pruned or removed by any person, other than a Borough employee or contractor hired by the Borough that are authorized to provide those services.
(2)
Any person planning to remove a tree located on their private property which has a DBH of six inches or more shall submit a tree removal application to the Collingswood Zoning Officer. No tree shall be removed until municipal officials have reviewed and approved the application for removal and the applicant's replacement plan, if any, as required below. For larger-scale clearing projects, a tree survey shall be submitted as part of the application to determine the number, sizes, and types of trees to determine the assessment of fees and for consideration for approval or denial of the removal request and for replanting purposes. Fees will be imposed for removal if replanting cannot be accomplished on applicant's property.
B.
Tree replacement requirements.
(1)
Any person who removes one or more tree(s) on private property, which tree or trees have a DBH of six inches or more, without first obtaining a permit prior to the approval from the Borough shall be subject to fines and tree replacement requirements as set forth in the Tree Replacement Requirements Table below.
(2)
The species type and diversity of replacement trees shall be in accordance with Appendix A,[1] which is attached to this chapter and incorporated by reference herein, and may be updated periodically in accordance with most current guidance from the Borough's Shade tree Advisory Committee and the New Jersey Department of Forestry.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(3)
Replacement trees are required to conform to the standards listed below:
(a)
Shall replace in kind a tree with an equal or greater DBH than the tree removed or meet the tree replacement criteria and applicable fee as set forth in the table below;
(b)
Shall be planted within 12 months of the date of removal of the tree(s) removed or at an alternate date agreed to by the Borough;
(c)
Shall be monitored by the applicant for a period of three years to ensure survival of the replacement tree and shall be replaced if necessary during the three-year period; and
(d)
Shall not be planted in temporary containers or pots which do not meet the tree replacement requirements.
(4)
Tree Replacement Requirements Table.
Category | Tree Removed (DBH) (inches) | Tree Replacement Criteria (See Appendix A) | Application Fee's |
|---|---|---|---|
1 | DBH 6 to 12.99 | Replant 1 tree with a minimum tree caliper of 2.5 inches for each tree removed | $50 |
2 | DBH of 13 to 22.99 | Replant 2 trees with minimum tree calipers of 2.5 inches for each tree removed | $50 |
3 | DBH of 23 to 32.99 | Replant 3 trees with minimum tree calipers of 2.5 inches for each tree removed | $75 |
4 | DBH of 33 or greater | Replant 4 trees with minimum tree calipers of 2.5 inches for each tree removed | $75 |
C.
Replacement alternative. In the event the Borough determines that some or all required replacement trees cannot be planted on the property where the tree removal occurred, the applicant shall then pay a fee ranging between $100 to $500 based on the value and size of the tree, as set forth in the table below. The fee shall be deposited into a separate fund maintained solely by the Borough for the purpose of tree planting and maintenance.
Category | Tree Removed (DBH) (inches) | Fee for Replacement Per Tree |
|---|---|---|
1 | DBH 6 to 12.99 | $100 |
2 | DBH of 13 to 22.99 | $200 |
3 | DBH of 23 to 32.99 | $300 |
4 | DBH of 33 or greater | $500 |
All persons shall comply with the tree replacement requirements described above, except in the cases described in Subsections A through F below. To be exempt from the tree removal provisions, a property owner must submit to the Borough a request for exemption which the Borough shall approve or deny in its sole discretion. All requests for exemptions shall be in writing; it is recommended that such requests include photos, diagrams and other similar documentation to assist the Borough in making its determination. Applicants for exemptions are also encouraged to include statements from a certified or consulting arborist. The municipality shall define what "proper justification" is, such as photos or statements from a New Jersey licensed tree expert as per N.J.S.A. 45:15C-11 or arborist.
A.
Residents who remove less than four trees per acre that fall into Category 1 or 2 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.)
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 Borough or New Jersey 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 as defined above may be removed with prior approval from the Borough and shall have no fee or replacement requirement.
A.
No person(s) is permitted to trim, top or remove any limbs, trunks, branches or roots of any curbside tree, a tree located in a public park or a tree located on public property.
B.
No person(s) is permitted to nail, tack or staple any sign or notices into any limbs, trunks, branches or roots of any curbside tree, a tree located in a public park or a tree on public property.
See Appendix B[1] attached and incorporated by reference herein.
[1]
Editor's Note: Appendix B is included as an attachment to this chapter.
A.
Any person or persons, corporation or corporations and/or utility companies must submit a written plan for any tree trimming prior to the commencement of work to the office of the Superintendent of Public Works or his designee for their approval. This plan must be submitted two weeks prior to the work to be performed. Upon approval, the Superintendent of Public Works shall be notified 24 hours in advance of the actual start of the work. In emergency situations (i.e., windstorms, hurricanes, sewer outages), this section shall be deemed inapplicable. However, in the event circumstances permit, the Superintendent of Public Works shall be notified prior to work.
B.
Each tree which is deemed to have been removed in violation of this chapter shall be considered a separate offense.
C.
Nothing herein shall be deemed to limit the remedies available to the Borough of Collingswood or other person seeking to compel enforcement of this chapter.
No tree should be planted in the curb strip of the Borough's easement without prior approval from the Borough's designated tree expert or arborist.
This chapter shall be enforced by the Borough Zoning Officer 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 $2,000 per tree based on the size, value, and benefit of the tree(s). In addition to fines, tree planting shall be required, as per the tree replacement table above and the Appendix A tree replacement list for recommendations for tree planting.
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.
This chapter shall be in full force and effect from and after its adoption and any publication as may be required by law.