An ordinance to establish requirements for private property tree removal and replacement in the Borough of Wenonah 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 Wenonah 12-19-2024 by Ord. No. 2024-13. 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" means the requirement is always mandatory and not merely directory.
Means any "person," as defined below, who applies for approval to remove private property trees regulated under this chapter.
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. Trees in the clear zone are regulated under Chapter 53 entitled "Shade Tree Commission."
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 = 6"x1.5' = 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 or NJ Licensed Tree Expert (LTE).
Means any individual, resident, corporation, utility, company, partnership, firm, or association.
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.
Means a tree planted in the 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 owning property on which they are planning to remove a private property tree, as defined as Tree removal, with DBH of six inches or more shall submit a Tree Removal Application to the Borough Clerk. No tree shall be removed until municipal officials have reviewed and approved the removal.
(2)
Applicants will be subject to an application fee per tree to be removed in accordance with the Tree Replacement Requirements Table below.
(3)
Applications must include the NJ Licensed Tree Removal company to be used for the work. Only NJ Licensed Tree Removal companies are permitted to remove trees subject to this approval process.
B.
Tree replacement requirements.
(1)
Any person, who removes one or more tree(s), as defined as Tree removal, with a DBH of six inches or more shall be subject to the requirements of the Tree Replacement Requirements Table set forth below.
(3)
Replacement tree(s) shall:
(a)
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;
(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 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) | Application Fee |
1 | DBH of 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 | $10/Tree |
2 | DBH of 13 inches to 22.99 inches | Replant 2 trees with minimum tree calipers of 1.5 inches for each tree removed | $20/Tree |
3 | DBH of 23 inches to 32.99 inches | Replant 3 trees with minimum tree calipers of 1.5 inches for each tree removed | $40/Tree |
4 | DBH of 33 inches or greater | Replant 4 trees with minimum tree calipers of 1.5 inches for each tree removed | $50/Tree |
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. Exemptions shall be granted at the discretion of the Zoning Officer upon review of applications for tree removal.
A.
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;
B.
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;
C.
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;
D.
Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife;
E.
Removal of invasive species are exempt from permits and limitations, however an NJ Licensed Tree Expert must inspect the tree and issue a written report that the tree is considered an invasive species in NJ. Examples include Bradford Pear, Tree of Heaven, and Norway Maple.
This chapter shall be enforced by the Zoning Officer 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 not to be less than the amount required under § 55-3C(1)(b) above.