[Added 6-3-2024 by Ord. No. 2024-3]
This chapter is intended to establish requirements for tree removal and replacement in the Borough of Rockleigh for the purpose of reducing soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, publish health, safety and welfare.
[Added 6-3-2024 by Ord. No. 2024-3]
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
Shall mean any "person", as defined below, who applies for approval to remove trees regulated under this chapter.
CRITICAL ROOT RADIUS ("CRR")
Shall mean 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" DBS would have a CRR = 6"x1.5' = 9'.
DIAMETER AT BREAST HEIGHT ("DBH")
Shall mean 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
Shall mean 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
Shall mean any individual, resident, corporation, utility, company, partnership, firm, or association.
PLANTING STRIP
Shall mean 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
Shall mean 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
Shall mean 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
Shall mean 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
Shall mean 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
Shall mean 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, overmulching 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.
[Added 6-3-2024 by Ord. No. 2024-3]
a. 
Optional 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 6" or more on their property shall submit a Tree Removal Application to the Construction Official or his designee. No tree shall be removed until municipal officials have reviewed and approved the removal. 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 Section 19-4, 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, with a DBH of 6" or more per acre, unless otherwise detailed under Section 19-4, shall be subject to the requirements of the Tree Replacement Requirements Table. The species type and diversity of replacement trees shall be in accordance with Section 19-9, Appendix A.
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 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 12 months; and
4. 
Shall not be planted in temporary containers or pots, as these do not count towards tree replacement requirements.
d. 
Tree Replacement Requirements Table.
Category
Tree Removed (DBH)
Tree Replacement Criteria (See Appendix A)
Application Fee
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
$25.00
2
DBH of 13" to 22.99"
Replant 2 trees with minimum tree calipers of 1.5" for each tree removed
$40.00
3
DBH of 23" to 32.99"
Replant 3 trees with minimum tree calipers of 1.5" for each tree removed
$55.00
4
DBH of 33" or greater
Replant 4 trees with minimum tree calipers of 1.5" for each tree removed
$75.00
e. 
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 $50 per tree removed. This fee shall be placed into a fund dedicated to tree planting and continued maintenance of the trees.
[Added 6-3-2024 by Ord. No. 2024-3]
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. The requirements pertaining to proper justification may be provided by photographs or statements from a New Jersey licensed tree expert as set forth in N.J.S.A. 45:15C-11 or certified arborist.
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.
[Added 6-3-2024 by Ord. No. 2024-3]
This chapter shall be enforced by the Construction Official or his designee during the course of ordinary enforcement duties.
[Added 6-3-2024 by Ord. No. 2024-3]
Any person(s) who is found to be in violation of the provisions of this chapter shall be subject to a fine of $500 per tree but shall not be less than the amount of the required replacement tree and cost of planting. The Borough may agree to the planting of additional trees in lieu of a fine.
[Added 6-3-2024 by Ord. No. 2024-3]
If any section, sentence or any part of this chapter is adjudged unconstitutional or invalid, such judgment shall not effect, impair or invalidate the remainder of this chapter but shall be confined in its effect to the section, sentence or other part of this chapter directly involved in the controversy which such subject shall be rendered.
[Added 6-3-2024 by Ord. No. 2024-3]
All ordinances or parts of ordinances which are inconsistent with the provisions of this chapter are hereby repealed, but only to the extent of such inconsistencies.
[Added 6-3-2024 by Ord. No. 2024-3]
Appendix A
Approved List of Replacement tree Species and Planting Standards for Borough of Rockleigh
Tree Species
Cultivars
Planting Season
Planting Procedure
(soil type, watering, pruning, staking, wrapping, exposure, depth, mulching, etc)
Acer Rubrum Red Maple
Spring/Fall
Full Sun to Part Shade, Soil Moisture - average to wet, Soil Type wide range (clay to sandy loam)
Acer Saccharum Sugar Maple
Fall/early winter
Full Sun to Part Shade, Soil Moisture - average to dry, Soil Type wide range (clay to sandy loam)
Acaer x Freemanii Freeman Maple
Armstrong, Fairfall, Marmo, scarlet Sentinel
Spring/Fall
Full Sun, Soil Moisture - average to dry, Soil Type wide range (clay to sandy loam)
Amelanchier laevis Shadblow Serviceberry
Spring/Fall
Full Sun to Part Shade, Soil Moisture - average to wet, Soil Type wide range (prefers well-drained loams)
Betula Nigra River Birch
Spring/Fall
Full Sun, Soil Moisture - average to wet, Soil Type-Prefers moist, acidic, fertile soils
Carpinus Caroliniana American Hornbeam
Native Flame
Spring
Part Shade, Soil Moisture - average to wet, Soil Type - Prefers moist, organically rich soils.
Celtis Occidentalis Hackberry
Spring
Full Sun to Part Shade, Soil Moisture - average to dry, Soil Type wide range (clay to sandy loam)
Cercis Canadensis Eastern Red Bud
Fall
Full Sun to Part Shade, Soil Moisture - average to wet, Soil Type - Performs best in moderately fertile soils
Cercis Chinensis Chinese Redbud
Late Spring/Early Summer
Full Sun to Part Shade, Soil Moisture - average to wet, Soil Type - Performs best in moderately fertile soils
Cladrastis Kentukea Yellowwood
Sweetshade, Perkins Pink
Spring
Full Sun, Soil Moisture - average, Soil Type - Prefers moist well drained, organically rich soils.
Crataegus Crus-galli Cockspurn Hawthorn
Thornless varieties only
Spring/Fall
Full Sun, Soil Moisture - average to medium moisture, Soil Type wide range (clay to sandy loam)
Ginkgo Bilobra Ginkgo, Maidenhair Tree
Spring/Fall
Full Sun, Soil Moisture - average to medium moisture, Soil Type wide range (clay to sandy loam)
Gladitsia Triacanthos Honey Locust
Moraine, Shademaster, Sunburst, Imperial
Spring/Fall
Full Sun, Thornless, Soil Moisture - average to medium moisture, Soil Type wide range (clay to sandy loam)
Gymnocladus Dioicus Kentucky Coffeetree
Early Winter/Early Spring
Full Sun, Soil Moisture - Medium moisture, Soil Type organically rich, well-drained soils
Liquidambar Styraciflua American Sweetgum
Cherokee, Rotundiloba, Slender Silouette, Worplesdon
Early Winter/Early Spring
Full Sun to Part Shade, Soil Moisture - average to wet, Soil Type wide range (clay to sandy loam)
Liriodendron Tulipifera Tulip Tree
Ardis, Arnold, Emerald City, Fastigiatum
Spring/Fall
Full Sun, Soil Moisture - average, Soil Type - organically rich, well-drained loams
Magnolia Virginiana Sweet Bay Magnolia
Spring/Fall
Full Sun to Part Shade, Soil Moisture - average to wet, Soil Type - clay to loam, prefers acidic soils
Metasequoia Glyptostroboides Dawn Redwood
Fall
Full Sun to Part Shade, Soil Moisture - average to wet, Soil Type - well-drained loam
Nyssa Sylvatica Black Gum
Spring/Fall
Full Sun, Soil Moisture - average to wet, Soil Type sandy loam.
Ostrya Virginiana Eastern Hop Hornbeam
Spring/Fall
Full Sun to Part Shade, Soil Moisture - Medium moisture, Soil Type organically rich, well-drained soils
Platanus x Acerifolia London Planetree
Spring/Fall
Full Sun to Part Shade, Soil Moisture - average to wet, Soil Type wide range (clay to sandy loam)
Prunus Cistena Purple-leaf Sand Cherry
Early Spring
Full Sun, Soil Moisture - average, Soil Type - organically rich, well-drained loams
Prunus Sargentii Sargent Cherry
Early Spring
Full Sun, Soil Moisture - Medium moisture, Soil Type organically rich, well-drained soils
Prunus Virginiana Chokecherry
Spring/Early Summer
Full Sun to Part Shade, Soil Moisture - average to dry, Soil Type wide range (clay to sandy loam)
Quercus Bicolor Swamp White Oak
Hightower
Spring
Full Sun, Soil Moisture - average to wet, Soil Type wide range (clay to sandy loam) Prefers acidic soil
Quercus Coccinea Scarlet Oak
Kindred Spirit, Fastigiata, Skyrocket
Spring
Full Sun, Soil Moisture - average to dry, Soil Type wide range (clay to sandy loam)
Quercus Macrocarpa Bur Oak
Spring
Full Sun, Soil Moisture - average to dry, Soil Type wide range (clay to sandy loam) Prefers moist well-drained loams
Quercus Muehlenbergii Chinkapin Oak
Spring
Full Sun, Soil Moisture - average to dry, Soil Type wide range (clay to sandy loam) Prefer moist fertile loams
Quercus Michauxii Chestnut Oak
Spring
Full Sun, Soil Moisture - average to wet, Soil Type wide range (clay to sandy loam) Prefer moist fertile loams
Quercus Palustris Pin Oak
Spring
Full Sun, Soil Moisture - average to wet, Soil Type wide range (clay to sandy loam) Prefer moist fertile loams
Quercus Phellos Willow Oak
Spring
Full Sun, Soil Moisture - average to medium moisture, Soil Type wide range (clay to sandy loam) Prefer moist well-drained loams
Quercus Robur English Oak
Spring
Full Sun, Soil Moisture - average to medium moisture, Soil Type wide range (clay to sandy loam) Prefer moist well-drained loams
Quercus Rubra Northern Red Oak
Spring
Full Sun, Soil Moisture - average to medium moisture, Soil Type wide range (clay to sandy loam) Prefers acidic soil
Tilia Americana American Linden
Spring/Fall
Full Sun to Part Shade, Soil Moisture - average to medium moisture, Soil Type wide range (clay to sandy loam) Prefers moist, fertile, well-drained loams
Tilia cordata Little Leaf Linden
Spring/Fall
Full Sun to Part Shade, Soil Moisture - average to medium moisture, Soil Type wide range (clay to sandy loam) Prefers moist, fertile, well-drained loams
Ulmus Americana American Elm
Accolade, Frontier
Spring/Fall
Full Sun to Part Shade, Soil Moisture - average to medium moisture, Soil Type - Prefers moist, fertile, well-drained loams
Zelkova Serrata Zelkova
Spring
Full Sun, Soil Moisture - average to medium moisture, Soil Type - Prefers rich, moist loams