It shall be unlawful for any person to sell or offer for sale tree care services of any kind within the Township without first registering with the Township as provided in this article.
[HISTORY: Adopted by the Township Council of the Township of Pequannock as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-11-2020 by Ord. No. 2020-01 (Ch. 176 of the 1997 Code)]
As used in this article, the following terms shall have the meanings indicated:
Not only an individual but also any organization, firm, partnership, corporation, company, association, or other entity or group.
Includes tree pruning, repairing, brush cutting or removal, tree removal, stump grinding or removal, tree establishment, fertilization, cabling and bracing, lightning protection, consulting, diagnosis, and treatment of tree problems or diseases, tree management during site planning and development, tree assessment and risk management, and application of pesticides or any other form of tree maintenance.
A.
All contractors offering tree care services within the Township shall register annually with the Township Public Works Department; provide current documentation that they are licensed by the State of New Jersey as a licensed tree expert (LTE) or as a licensed tree care operator (LTCO); provide a current certificate of insurance showing evidence of employer liability and workers' compensation coverage for the work to be performed; and pay an annual fee for registration in addition to an annual fee per decal, per truck, as provided in Chapter 152, Fees. All trucks operating within the Township must have a decal applied.
B.
Initial implementation. A grace period of 90 days, from the effective date of this article, is established for contractors to secure the initial annual registration and required decals. Following the conclusion of the grace period, enforcement for noncompliance may commence.
Tree service contractor registration is required in addition to any other licenses which may be required for the activity being conducted, including a license from the State of New Jersey which is required to perform tree care work in New Jersey.
Any person who violates or who fails or refuses to comply with the provisions of this article shall be subject to a fine of not less than $50 nor more than $1,000 and/or any other penalty that is consistent with Chapter 74, Violations and Penalties, of the Municipal Code for each offense.
[Adopted 2-27-2024 by Ord. No. 2024-05]
The purpose of this article is to establish requirements for tree removal and replacement in the Township of Pequannock in order to comply with the NJDEP Tier A MS4 permit renewal requirements established by the State of New Jersey.
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.
Any "person," as defined below, who applies for approval to remove trees regulated under this article.
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"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.
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.);
Is determined to be a threat to public health, safety, and/or welfare by a licensed landscape architect, certified arborist, licensed tree expert (LTE) or licensed tree care operator (LTCO).
Any individual, resident, corporation, utility, company, partnership, firm, or association.
The area within the public right-of-way between the abutting property line and the curb or edge of pavement, 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 article is removed or proposed to be removed.
A tree planted within the public right-of-way. This also includes trees planted within shade tree easements. The removal of street trees is governed by the regulations of the Shade Tree Commission as set forth in Chapter 5.
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.
Application process. Review and approval of any tree removal shall be required as part of any subdivision or site plan application before a land use board, or any major development as defined in Chapter 308, Stormwater Management Regulations, of the Township Code. Removal of street tress shall be regulated by the Shade Tree Commission as set forth in Chapter 5.
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 § 330-9, shall be subject to the requirements of the Tree Replacement Requirements Table below.
(2)
Any person who removes one or more tree(s), unless exempt, as defined as tree removal, with a DBH of six inches unless otherwise detailed under § 330-9, shall be subject to the requirements of the Tree Replacement Requirements Table. The species type and diversity of replacement trees shall be in accordance with a list of approved trees and planting requirements kept on file in the Public Works Department. Replacement tree(s) shall:
(a)
Be replaced in kind with a tree that meets 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)
The applicant shall post a bond 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 A[1]) |
1 | DBH of 2.5 inches (for street trees) or six inches (for non-street trees) to 12.99 inches | Replant 1 tree with a minimum tree caliper of 1.5 inches for each tree removed |
2 | DBH of 13 inches to 22.99 inches | Replant 2 trees with minimum tree calipers of 1.5 inches for each tree removed |
3 | DBH of 23 inches to 32.99 inches | Replant 3 trees with minimum tree calipers of 1.5 inches for each tree removed |
4 | DBH of 33 inches or greater | Replant 4 trees with minimum tree calipers of 1.5 inches for each tree removed |
[1]
Editor's Note: Appendix A is on file in the Township offices.
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 when requested by the Township, in writing, by all persons claiming an exemption:
A.
The removal of less than four trees that fall into Category 1, 2, or 3 of the Tree Replacement Requirements Table from a single lot within a five-year period.
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 clean-up, 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 article shall be enforced by the Department of Public Works during the course of ordinary enforcement duties.
Any person who violates or who fails or refuses to comply with the provisions of this article shall be subject to a fine of not less than $50 nor more than $1,000 and/or any other penalty that is consistent with Chapter 74, Violations and Penalties, of the Municipal Code for each offense.