[Added 8-21-2024 by Ord. No. 2024-05]
An ordinance to establish requirements for tree removal and replacement in Township of Hardwick to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare.
[Added 8-21-2024 by Ord. No. 2024-05]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section 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 ordinance.
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 6" DBH would have a CRR = 6"x1.5' = 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 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.
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; senescence.
c. 
Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective;
d. 
May cause damage to structures (such as building foundations, sidewalks, utilities etc.);
e. 
Any trees whose angle or growth makes them a hazard to structure or human life, or
f. 
Is determined to be a threat to public health, safety, and/or welfare.
PERSON
Means any individual, resident, corporation, utility, company, partnership, firm, or association.
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 ordinance is removed or proposed to be removed.
TREE
Means a woody plant having one erect perennial stem (trunk), that can support itself, at least three inches in diameter at a point 4-1/2 feet above the ground, a definitely formed crown of foliage and a mature height of at least 13 feet. If the tree is removed, the tree is measured by the remaining stump. If the diameter of the stump is greater than 12 inches, such tree is subject to the provisions of this chapter.
TREE CALIPER
Means the diameter of the trunk of a tree, measured 4-1/2 feet above the ground.
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. Removal of trees that cause an obstruction to the line of sight on public or private right of way(s) shall also be exempt from this chapter.
[Added 8-21-2024 by Ord. No. 2024-05]
a. 
Tree Replacement Requirements.
1. 
Any person who removes four or more trees, as defined by Tree removal, with a DBH of 6" or more, unless exempt under Section 40-4, and as part of a Land Use Board application, shall be subject to the requirements of the Tree Replacement Requirements Table below.
2. 
Any person, who removes one or more tree(s), as defined as Tree removal, within 300 feet of a designated C-1 stream, and/or within 300 feet of a wetlands classified as "high value" by NJDEP, shall be subject to the requirements of the Tree Replacement Requirements Table below.
3. 
Any residential use lots, clearing an acre or more of land, unless exempt by Section 40-4. Clearing area shall not include buildings, accessory structures, driveways, stormwater facilities, septic system and other ancillary structures.
b. 
The species type and diversity of replacement trees shall be in accordance with Appendix A, Section 40-7.
Replacement tree(s) shall:
1. 
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;
2. 
Be planted within 12 months 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 years to ensure their survival and shall be replaced as needed within a twelve-month period; and
4. 
Any nonresidential uses or major site plan application shall post a performance bond, the amount of which shall be calculated by the following formula:
(number of trees to be replaced multiplied by 1.5) * $100.00
Such performance bond shall be posted for a minimum of two years for any tree planted to ensure their survival and shall be replaced as needed within 12 months.
5. 
Shall be planted in the ground. Pots and container trees will not be considered replacements.
Tree Replacement Requirements Table.
Category
Tree Removed
(DBH)
Tree Replacement Criteria
(See Appendix A)
Application Fee
1
DBH of 6" to 13.99"
Replant 1 tree with a minimum tree caliper of 2.5"
2
DBH of 14" to 22.99"
Replant 2 trees with minimum tree calipers of 2.5"
3
DBH of 23" to 47.99"
Replant 3 trees with minimum tree calipers of 2.5"
4
DBH of 48" or greater
Replant 4 trees with minimum tree calipers of 2.5"
c. 
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.
(b) 
Pay a fee of $350 per non-exempt tree removed. This fee shall be placed into a fund dedicated to tree planting and continued maintenance of the trees.
[Added 8-21-2024 by Ord. No. 2024-05]
All persons shall comply with the tree replacement standard outlined above, except in the cases detailed below. Proper justification, as outlined below, shall be provided, in writing, preferably with supporting photos, to the by all persons claiming an exemption.
a. 
Tree farms in active operation, nurseries, fruit orchards, and garden centers;
b. 
Properties used for the practice of silviculture under an approved forest stewardship or woodland management plan, approved by the State of New Jersey Department of Environmental Protection, the New Jersey Forest Service, that is active and on file with the municipality;
c. 
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.
d. 
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;
e. 
Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife;
f. 
Hazard trees, as identified by the New Jersey Department of Environmental Protection, may be removed with no fee or replacement requirement.
g. 
Removal of invasive trees.
h. 
Any tree which is part of a cemetery.
i. 
Tree directed to be removed by municipal, County, State or Federal authority pursuant to law.
j. 
Pruning or removal of trees within the right-of-way by utility companies for the maintenance of utility wires or pipelines.
k. 
Trees removed in conjunction with farmland greater than five acres in size, that will be actively devoted primarily to agricultural uses, where the owner desires to remove any trees for the purpose of expanding the farmland(s), the owner is required to submit a tree-removal plan to the Township Committee and receive such approval before commencing any such removal.
l. 
Fallen Trees due to exceptionally high winds, a snowstorm, a hurricane, or any other kind of natural disaster.
m. 
Tree planted in a decorative planter.
[Added 8-21-2024 by Ord. No. 2024-05]
This section shall be enforced by the Zoning Officer and Township Engineer during the course of ordinary enforcement duties.
[Added 8-21-2024 by Ord. No. 2024-05]
Any person(s) who is found to be in violation of the provisions of this section shall be required to replace the removed tree(s), as well as be subject to a fine not exceeding $2,000, imprisonment in the county jail for a term not exceeding 90 days, or for a period of community service not exceeding 90 days.
[Added 8-21-2024 by Ord. No. 2024-05]
Appendix A
Recommended Replacement Tree Species and Planting for Hardwick Township
Tree Species
Planting Season
Planting Procedure
(soil type, watering, pruning, staking, wrapping, exposure, depth, mulching, etc.)
American Basswood
Spring
American Witch-Hazel
Spring or Fall
American Hornbeam
Spring
American Beech
Spring
Bald Cypress
Spring or Fall
Black Locust
Spring or Fall
Black Gum, Black Tupelo
Spring
Common Alder
Spring or Fall
Common Hackberry
Spring
Dogwood
Spring
Eastern Redbud
Spring
Ginkgo
Spring
Norway Spruce
Spring or Fall
Pink Oak
Spring
Red Maple
Spring
Red Oak
Spring
River Birch
Spring
Swamp White Oak
Spring
Sweetgum
Spring
Scarlet Oak
Spring
Sassafras
Spring or Fall
Shadbush, Serviceberry
Spring or Fall
Sugar Maple
Spring
White Pine
Spring or Fall