[HISTORY: Adopted by the Township Committee of the Township of Weymouth 5-15-2024 by Ord. No. 594B-2023. Amendments noted where applicable.]
A. 
An ordinance to establish requirements for tree removal and replacement in the Township of Weymouth to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare.
B. 
Trees and shrubs are a natural resource that provide aesthetic, economic, ecological, environmental and health benefits to the Weymouth Township and its residents. The treatment of trees on individual properties can have significant impacts not only on those individual properties but also on neighboring properties, the streetscape, the tree canopy and the entire Township.
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.
APPLICANT
Means any "person," as defined below, who applies for approval to remove trees regulated under this chapter.
CRITICAL ROOT RADIUS (CRR)
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 six-inch DBH would have a CRR of nine feet (6 x 1.5 = 9).
DIAMETER AT BREAST HEIGHT (DBH)
Means the diameter of the trunk of a mature tree generally measured at a point 4 1/2 feet above the ground level from the uphill side of the tree. For species of trees where the main trunk divides below the four-and-one-half-foot height, the DBH shall be measured at the highest point before any division.
HAZARD TREE
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.
A. 
Has an infectious disease or insect infestation;
B. 
Is dead or dying;
C. 
Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective;
D. 
Is causing obvious damage to structures (such as building foundations, sidewalks, etc.); or
E. 
Is determined to be a threat to public health, safety, and/or welfare by a certified arborist or licensed tree expert (LTE).
PERSON
Means any individual, resident, corporation, utility, company, partnership, firm, or association.
PLANTING STRIP
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.
RESIDENT
Means 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.
STREET TREE
Means 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.
TREE
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.
TREE CALIPER
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.
TREE REMOVAL
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. 
Tree replacement requirements.
(1) 
Any person who removes one or more tree(s) as defined as tree removal with a DBH of eight inches or more per acre, unless otherwise detailed under § 216-4 shall be subject to the requirements of the Tree Replacement Requirements Table.
(2) 
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.
(3) 
Replacement tree(s) shall:
(a) 
Be replaced in kind with a tree that has an equal or greater DBH than the tree removed or meet 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) 
Be monitored by the applicant for a period of three 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 toward tree replacement requirements.
Tree Replacement Requirements Table
Category
Tree Removed
(DBH)
Tree Replacement Criteria
(See Appendix A)
1
8 inches (for non-street trees) to 12.99 inches
Replant one tree with a minimum tree caliper of 1.5 inches for each tree removed
2
DBH of 13 inches to 22.99 inches
Replant two trees with minimum tree calipers of 1.5 inches for each tree removed
3
DBH of 23 inches to 32.99 inches
Replant three trees with minimum tree calipers of 1.5 inches for each tree removed
4
DBH of 33 inches or greater
Replant four trees with minimum tree calipers of 1.5 inches for each tree removed
*
Tree replacement value - The value of the in lieu of replacement fee will be determined by current wholesale values posted annually by the Township for the current year.
B. 
Replacement alternatives.
(1) 
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:
(a) 
Plant replacement trees in a separate area(s) approved by the municipality.
(2) 
Pay a fee in accordance with § 1-17 of the Township of Weymouth Code per tree removed. This fee shall be placed into a Tree Escrow Fund dedicated to tree planting and continued maintenance of the trees.
(a) 
There is hereby established a reserve in the Township's general capital fund which shall be known and designated as the Tree Escrow Fund. A separate bank account shall be opened and maintained for this purpose.
(b) 
The primary purpose of the Tree Escrow Fund is to provide for the planting and maintenance of trees and shrubs on public property.
(c) 
The funds will also pay administrative costs to implement the provisions of this section, including but not limited to fees for processing of permits, site inspections, consultants, and supervisors of tree replacements. Administrative costs imposed in accordance with this section shall not exceed 30% of the fund, as determined on an annual basis.
(d) 
Appropriations from the Tree Escrow Fund shall be authorized by the Township Committee in accordance with a municipal tree planting plan with consideration of the recommendations by the Environmental Commission.
(e) 
The Tree Escrow Fund shall be maintained by the Chief Financial Officer.
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. 
The following shall be exempt from the tree removal permit and replacement requirements of this:
(1) 
Any tree of less than eight inches Diameter Breast Height (DBH).
(2) 
Any tree or trees planted and grown for commercial purposes on property used as a commercial nursery, tree farm, garden center, Christmas tree plantations or tree orchards.
(3) 
Any tree growing in a utility right-of-way or fire trail, or for the purpose of establishing a survey line.
(4) 
Any tree that is removed by the owner of the property for personal use as firewood on the property.
(5) 
Tree removals necessitated by weather emergencies such as hurricanes, fire, windstorms, ice storm, flood, freezing temperatures or other disaster.
(6) 
Dead or diseased trees, which are a hazard to persons or property.
(7) 
Trees interfering with septic, growing in sewer easement.
(8) 
Farms with approved woodland management plan
(9) 
Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife
This chapter shall be enforced by the Zoning Officer, Environmental Commission or Shade Tree Committee of the Township of Weymouth 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 as noted below:
Introductory Period
5-1-2024 — 12-31-2024
First offense on/after 1-1-2025
Second and Additional offense(s) on/after 1-1-2025
• Replacement trees required
○ Per chart
○ Planted within three months
• Or pay replacement fee in lieu of planting
• Replacement trees required
○ Per chart + 25% (rounded up to nearest whole number)
○ Planted within three months
• Or pay replacement fee in lieu of planting + 25%
• Replacement trees required
○ per chart + 50% (rounded up to nearest whole number
○ Planted within three months
• Or pay replacement fee in lieu of planting + 50%