[Adopted 9-3-2024 by Ord. No. 10-2024]
An ordinance to establish requirements for tree removal and replacement in Westampton Township to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare.
A. 
Application process:
(1) 
Any person planning to remove a street tree, as defined as Tree removal, with DBH of 2.5" or more or any non-street tree with DBH of six inches or more on their property shall submit a Tree Removal Application to Westampton Township officials. No tree shall be removed until municipal officials have reviewed and approved the removal.
(2) 
Applicants will be subject to an application fee as per the Table below.
B. 
Tree replacement requirements.
(1) 
Any person who removes one or more street tree(s) with a DBH of 2.5" or more, unless exempt under § 209-46, shall be subject to the requirement of the Tree Replacement Requirements Table below.
(2) 
Any person who removes one or more tree(s), as defined as tree removal, with a DBH of six inches or more per acre, unless otherwise exempt under § 209-46, shall be subject to the requirements of the Tree Replacement Requirements Table.
(3) 
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.
(4) 
Replacement tree(s) shall:
(5) 
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;
(6) 
Be planted within 12 months of the date of removal of the original tree(s) or at an alternative date specified by the municipality;
(7) 
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
(8) 
Shall not be planted in temporary containers or pots, as these do not count towards tree replacement requirements.
(9) 
Be replaced in kind with the same type of tree as that being removed; (if a shade tree is removed, a species of deciduous shade tree shall be used as the replacement and not an evergreen tree).
Tree Replacement Requirements Table)
Category
Tree Removed (DBH)
Tree Replacement Criteria (See Appendix A)
Application Fee
1
1 DBH of 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
No Fee
2
DBH of 13" to 22.99"
Replant 2 trees with a minimum tree caliper of 1.5" for each tree removed
No Fee
3
DBH of 23" to 32.99"
Replant 3 trees with a minimum tree caliper of 1.5" for each tree removed
No Fee
4
DBH of 33" or greater
Replant 4 trees with a minimum tree caliper of 1.5" for each tree removed
No Fee
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 (amount to be set by municipality) per tree removed. This fee shall be placed into a fund dedicated to tree planting and continued maintenance of the trees.
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 demonstrating the qualifications for such an exemption, which may include photographs of the subject tree(s), or written statements or reports from qualified professionals.
A. 
Residents who remove 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. (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 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 article shall be enforced by the Westampton Police Department, Construction Official, Property Maintenance Officer or other appropriate Westampton Township Official during the course of ordinary enforcement duties.