An ordinance to establish requirements for tree removal and replacement in the Borough of Wrightstown 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 Borough Council of the Borough of Wrightstown 4-24-2024 by Ord. No. 2024-02. 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. 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.
Any "person," as defined below, who applies for approval to remove trees regulated under this chapter.
Any other type of income-producing property other than a single-family residential property.
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"x1.5' = 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. All hazard tree determinations shall be made by a Licensed Tree Expert (LTE).
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 significant 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).
Any individual, resident, corporation, utility, company, partnership, firm, or association.
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.
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 chapter is removed or proposed to be removed.
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 are less than 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.
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 Zoning Officer. No tree shall be removed until municipal officials have reviewed and approved the removal.
(a)
Any project seeking to remove more than five trees shall submit a tree survey identifying all trees with DBH 2.5 inches or more on the property and identify those trees sought to be removed and those trees that will remain.
(2)
An application fee shall be submitted for the tree removal application subject to these regulations. The fee will cover processing and administrative costs to the Borough, such as review and evaluation of the application and submitted documents, requisite site inspections, and communications with the applicant relating to issuance or denial of a tree removal permit.
B.
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 § 200-4, 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 § 200-4, shall be subject to the requirements of the Tree Replacement Requirements Table.
(3)
Replacement tree(s) shall:
(a)
Be in accordance with the Wrightstown Borough "Do Not Plant List of Replacement Tree Species," attached hereto as Appendix 200-3[1];
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(b)
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;
(c)
Be planted within 12 months of the date of removal of the original tree(s) or at an alternative date specified by the municipality;
(d)
Be the same species as what is removed, unless the existing tree removed is considered invasive, or on the Borough's "Do Not Plant List of Replacement Tree Species," attached hereto as Appendix 200-3;
(e)
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
(f)
Shall not be planted in temporary containers or pots, as these do not count towards tree replacement requirements.
(g)
Be planted with up to 30% of evergreen trees at least six feet tall at the time of planting. Evergreen trees shall not be used for street tree plantings.
Tree Replacement Requirements Table | ||
|---|---|---|
Category | Tree Removed (DBH) | Tree Replacement Criteria (See Appendix A) |
1 | DBH of 2.5 inches (for street trees) or 6 inches (for non-street trees) to 12.99 inches | Replant 1 tree with a minimum tree caliper of 2.5 inches for each tree removed |
2 | DBH of 13 inches to 22.99 inches | Replant 2 trees with minimum tree calipers of 2.5 inches for each tree removed |
3 | DBH of 23 inches to 32.99 inches | Replant 3 trees with minimum tree calipers of 2.5 inches for each tree removed |
4 | DBH of 33 inches or greater | Replant 4 trees with minimum tree calipers of 2.5 inches for each tree removed |
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. Property justification shall include a photograph of the trees to be removed and a statement from NJ licensed tree expert as per N.J.S.A. 45:15C-11 or arborist:
A.
Residents who remove less than four non-exempt trees per acre that fall into Category 1, 2 or 3 of the Tree Replacement Requirements Table;
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 Borough of Wrightstown Zoning Officer or Code Enforcement Officer during the course of ordinary enforcement duties.
Any person, corporation, firm, partnership, or other entity violating or causing to be violated any of the provisions of this chapter shall be fined not less than $100 nor more than $1,000 as such a court, in its discretion, may impose. Each and every day that such violation continues shall be considered a separate violation. Each tree destroyed or removed in violation of this chapter shall be considered a separate violation.