An ordinance to establish requirements for tree removal and replacement in the Borough of Woodstown 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 Mayor and Council of the Borough of Woodstown 4-9-2024 by Ord. No. 2024-6.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 76, Shade Trees, adopted 11-27-72 as Ord. No. 255.
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" means the requirement is always mandatory and not merely directory.
Means any "person," as defined below, who applies for approval to remove trees regulated under this chapter.
Means 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" x 1.5' = 9'.
Means 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.
Means 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.); or
Is determined to be a threat to public health, safety, and/or welfare by a certified arborist, forester, Licensed Tree Expert (LTE), or the Public Works Director or their designee.
Means any individual, resident, corporation, utility, company, partnership, firm, or association.
Means 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.
Means an individual who owns the residential property or contractor hired by the individual who owns the residential property where a tree(s) regulated by this chapter is removed or proposed to be removed.
Means 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.
Means 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.
Means 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.
Means 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.
(1)
Any person planning to remove street trees, as defined as tree removal, with DBH of four inches or more shall advise the Shade Tree Committee or designated municipal official. Any person planning to remove any non-street trees with DBH of six inches or more (that exceeds the amount allowed in § 76-4A of this chapter) on their property shall submit a Tree Removal and Replacement Plan along with applications for grading plans, site plans or subdivision plan approval. No tree, exceeding the amount allowed, shall be removed until municipal officials have reviewed and approved the removal. For projects defined as major projects per N.J.A.C. 7:8-1.2, a tree removal location survey and replacement plan must be submitted with the associated grading, zoning, site plan or subdivision application. The survey must include the location, size and type of all trees equal to or greater than six inches DBH to be removed. A tree removal and replacement plan must also be submitted for projects greater than five trees removed.
B.
C.
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.
D.
Replacement tree(s) shall:
(1)
Be replaced in kind with a tree meets the Tree Replacement Criteria in the table below;
(2)
Be planted within two planting seasons of the date of removal of the original tree(s) or at an alternative date specified by the municipality;
(3)
Be monitored by the applicant for a period of two planting seasons to ensure their survival and shall be replaced as needed within that time; and
(4)
Shall not be planted in temporary containers or pots, as these do not count towards tree replacement requirements.
(5)
Shall not be planted in the public right-of-way planting strip. Street trees shall be planted a minimum of 10 feet distant from the public sidewalk and be located within an easement for access and emergency maintenance of the trees.
Tree Replacement Requirements Table | ||
|---|---|---|
Category | Tree Removed (DBH) | Tree Replacement Criteria (See Appendix A) |
1 | DBH of 4 inches (for street trees) or 6 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 1 trees with minimum tree calipers of 1.5 inches for each tree removed |
3 | DBH of 23 inches to 32.99 inches | Replant 2 trees with minimum tree calipers of 1.5 inches for each tree removed |
4 | DBH of 33 inches or greater | Replant 2 trees with minimum tree calipers of 1.5 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.
A.
Residents who remove less than five trees per property (or acre if greater than one acre) that fall into category 1, 2, or 3 of the Tree Replacement Requirements Table 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 chapter shall be enforced by the Zoning Official or their designee during the course of ordinary enforcement duties.
A.
Any person(s) who removes trees in violation of this chapter shall be subject to the following penalties:
(1)
A fine not to exceed $500 or imprisonment for a term of not more than 30 days or a period of community service not to exceed 90 days, or both as such court in its discretion may impose. Each day during or on which a violation occurs or continues shall be deemed a separate offense.
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.