[HISTORY: Adopted by the City Council of
the City of Hackensack as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-18-1988 by Ord. No. 7-88[1]]
[1]
Editor's Note: This ordinance also superseded
former Ch. 162, Trees, adopted 4-4-1983 by Ord. No. 9-83.
As used in this article, the following terms
shall have the meanings indicated:
Any tree or shrub located on public property or in the public
right-of-way in front of any established lot or parcel in the city.
A.
It shall be unlawful for any person, firm, partnership,
association, corporation, public utility or other entity to:
(1)
Cut, remove, deface or attach wires, ropes or signs
to any shade tree of the City of Hackensack without first having obtained
permission from the City Manager of the City of Hackensack.
(2)
Climb upon any shade tree within the city.
(3)
Excavate in or around a shade tree in such a manner
as to damage a main root of a shade tree without first having obtained
permission from the City Manager of the City of Hackensack.
(4)
Close in or obstruct any open space provided in a
sidewalk or street area for the base of a shade tree to permit the
access of water to the roots of the tree, trim the limbs of any shade
tree or remove any supporting posts, braces or wire harnesses, without
first having obtained permission of the City Manager of the City of
Hackensack.
(5)
Pile any cement, mortar, petroleum by-product or other
caustic substance without six feet of the base of a shade tree.
(6)
Interfere with employees of the City of Hackensack
or any of its agents engaged in the planting, cultivating, pruning,
spraying or removal of any shade tree.
(7)
Plant a shade tree without first having obtained permission
from the City Manager of the City of Hackensack.
B.
The foregoing regulatory provisions notwithstanding,
the maintenance of a shade tree shall be the sole responsibility of
the owner of the property adjacent to such public right-of-way or
easement.
[Added 5-7-1990 by Ord. No. 10-90]
[Amended 9-6-2022 by Ord.
No. 41-2022]
No person shall plant any poplar trees (populus spp.), catalpa
trees (catalpa spp.), or willow trees (salix spp.) in any public street
or public place, nor shall any person plant any tree of the species
aforesaid within 50 feet of any public street or public place or of
any sewer running through any private street or private property.
Effective October 1, 2022, no person shall sell, plant or knowingly
propagate within the City the following invasive species of vegetation:
1) running bamboo known as "phyllostachys aureosulcata," or any bamboo
of such genus; 2) "tree of heaven" known as "ailanthus altissima"
and 3) "Bradford pear" known as "pyrus calleryana." This includes
the replanting or replacing of existing vegetation after it has died
or has been removed.
All other ordinances pertaining to the regulation,
planting and care of shade trees located in public easement areas
are hereby repealed.
This article shall take effect 10 days after
publication of notice of final adoption as provided by law.
[Adopted 4-16-2024 by Ord. No. 17-2024]
The purpose of this article is to establish requirements for
tree removal and replacement in the City of Hackensack to reduce soil
erosion and pollutant runoff, promote infiltration of rainwater into
the soil, and protect the environment, public health, safety, and
welfare.
As used in this article, the following terms shall have the
meanings indicated:
Any "person," as defined herein, 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 inches x 1.5 feet
= 9 feet.
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.); 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 article 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 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 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.
The removal of any tree within the City of Hackensack shall remain
subject to the City's existing business practices and permit
application reviews, including, but not limited to, site plan approvals,
building permit approvals, Planning Board application approvals, and
so forth. There shall not be a separate application process for tree
removal and replacement under this article. However, advance notification
of any "tree removal," as that term is defined in this article, involving
a tree with a minimum DBH of 2.5 inches (for street trees) or six
inches (for non-street trees) must separately be provided to the Supervisor
of the Tree Division of the Department of Public Works, or designee,
in a manner to be established by the Director of the Department of
Public Works.
B.
The following tree replacement requirements shall apply when a person
engages in "tree removal" as that term is defined in this article:
(1)
Any person who removes one or more street tree(s) with a DBH of 2.5 inches or more, unless exempt under § 162-9, shall be subject to the requirements of the Tree Replacement Requirements Table below.
C.
Replacement tree(s) shall:
(1)
Be replaced in kind with a tree that has an equal or greater DBH
than tree removed or meet the criteria in the Tree Replacement Requirements
Table below;
(2)
Be planted within 12 months of the date of removal of the original
tree(s);
(3)
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
(4)
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)
(inches)
|
Tree Replacement Criteria
(See Appendix A)
|
|
1
|
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
|
|
2
|
13 to 22.99
|
Replant 2 trees with minimum tree calipers of 1.5" for each
tree removed
|
|
3
|
23 to 32.99
|
Replant 3 trees with minimum tree calipers of 1.5" for each
tree removed
|
|
4
|
33 or greater
|
Replant 4 trees with minimum tree calipers of 1.5" for each
tree removed
|
D.
If the City determines that some or all required replacement trees
cannot be planted on the property where the tree removal activity
occurred, then the person responsible for the property shall do one
of the following:
All persons shall comply with the tree replacement standard outlined in § 162-8, except in the cases detailed below. Any exemption sought shall be supported by proper justification submitted to the Supervisor of the Tree Division of the Department of Public Works or designee. Proper justification may include photographs or written documentation from a certified arborist or a LTE as certified by the Board of Tree Experts within the New Jersey Department of Environmental Protection (NJDEP).
A.
Residents removing 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. NOTE: 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.
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 NJDEP or United States Environmental
Protection Agency (EPA) approved environmental cleanup, or NJDEP approved
habitat enhancement plan.
F.
Approved game management practices, as recommended by the NJDEP's
Division of Fish, Game and Wildlife.
G.
Hazard trees as defined in this article may be removed with no fee
or replacement requirement.
This article may be enforced by the Police Department, the Supervisor
of the Tree Division of the Department of Public Works, the Zoning
Officer, or other official designated by the City Manager during the
course of ordinary enforcement duties.
Any person(s) who is found to be in violation of the provisions of this article shall be subject to the penalties established in § 1-15 of the Code of the City of Hackensack; provided, however, that the minimum fine shall be $100. A separate penalty shall be imposed for each tree improperly removed without being replaced.
A.
Any tree species that has been recognized by the Native Plant Society
of New Jersey (www.npsnj.org) as a recommended tree native to New
Jersey is authorized as a replacement tree, street trees excluded.
Other tree species may be separately authorized by the Supervisor
of the Tree Division of the Department of Public Works for good cause
and following consultation with the Shade Tree Advisory Committee.
The list of authorized replacement trees may be found at the following
Internet link: https://npsnj.org/wp-content/uploads/2023/01/native_trees_for_landscaping.pdf
B.
Authorized street trees shall be determined by the Supervisor of
the Tree Division of the Department of Public Works following consultation
with the Shade Tree Advisory Committee. Replacement of trees shall
follow appropriate planting procedures to be developed by the Supervisor
of the Tree Division of the Department of Public Works and posted
on the City's website.
