The Borough Council finds that indiscriminate, uncontrolled and excessive destruction and removal of trees upon lots and tracts of land within the Borough of Madison will cause increased drainage control costs, increased soil erosion and sedimentation, decreased fertility of the soil, degradation of water resources, decreased groundwater recharge, increased buildup of atmospheric carbon dioxide, the establishment of a heat island effect and increased dust and pollution, and loss of biodiversity, wildlife and pollinator services. The singular or cumulative effect of any of the foregoing could adversely impact the character of the Borough, increase flooding, decrease property values, render the land unfit and unsuitable for its most appropriate use, and negatively affect the health, safety and general welfare of the Borough's residents.
[HISTORY: Adopted by the Mayor and Council of the Borough of Madison 2-24-2020 by Ord. No. 3-2020; amended in its entirety 4-11-2022 by Ord. No. 19-2022. Subsequent amendments noted where applicable.]
[Amended 4-28-2025 by Ord. No. 10-2025]
The Governing Body desires to protect and minimize the removal of trees within the Borough by establishing a tree removal permit program and, when permits are granted, require appropriate tree replacement. The objective of this chapter is to provide a fair and efficient regulatory process that balances the public interest in tree preservation and private property rights of individual landowners.
[Amended 4-28-2025 by Ord. No. 10-2025]
The following words and expressions used in this chapter shall have the following meanings:
A tree located on land owned by the Borough, or which is located on a street, highway, public place, right-of-way, Borough easement, park or parkway or within the sidewalk lines.
A logging/forestry method in which numerous adjacent trees are removed (regardless of tree size) on a site or a portion of a site. The purpose of clear cutting is to create open space for building or to replace existing trees with smaller trees that do not replicate the ecosystem services of the original trees.
Individual who is licensed by the State of New Jersey Board of Tree Experts, whose license is current and in good standing in the State of New Jersey, and is well-experienced in planting, care, and maintenance of tree(s).
A line connecting the tips of the outermost branches of a tree projected vertically onto the ground.
A tree or limbs thereof that meet one or more of the criteria below. Tree(s) that do not meet any of the criteria below and are proposed to be removed solely for development purposes are not Hazard Tree(s). A Licensed Tree Expert is required to make all Hazard Tree determinations.
Has an infectious disease or insect infestation; or
Is dead or dying and/or is determined to be a threat to public health, safety, and/or welfare by a Licensed Tree Expert; or
Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective; or
Is causing obvious damage to structures (such as building foundations, sidewalks, etc.); or
Is a tree which receives an 11 or 12 rating under the International Society of Arboricultural rating method set forth in the ISA tree risk Assessment Manual as determined by a Licensed Tree Expert and/or is TRAQ Qualified;
Is listed as an invasive or problematic species by the Shade Tree Management Board and/or Municipal Arborist.
A tree that is both non-native and able to establish on many sites, grow quickly, and spread to the point of disrupting locally native plant communities or ecosystems. Links to invasive tree lists as supplied by the Rutgers University Cooperative Extension Service are identified on the Shade Tree Management Board’s municipal web site.
Any tree designated and identified as such by the Shade Tree Management Board (STMB) of the Borough of Madison pursuant to the standards set forth in the General Code of the Borough of Madison § 45-1.
The line on a property beyond which the natural grade and existing vegetation will not be disturbed by a construction project. It shall be indicated on a plan by a dashed line and shall include not only the area around each structure's foundation but also clearing and grading required for driveway, power, water, sewer, communications, and other installations.
The Administrative Officer of the Tree Protection Ordinance, duly appointed by the Governing Body who shall have the following qualifications:
Bachelor's degree in forestry, arboriculture, horticulture or ecology from an accredited college or university; or
Certification as a "certified/licensed tree expert" (CTE/LTE) by the State of New Jersey; or
International Society of Arboriculture (ISA) certified arborist; and
A minimum of five years' experience in the planting, care and maintenance of trees.
Any tree other than a Borough tree as heretofore defined.
A nursery-grown certified tree marked with a durable label indicating genus, species and variety, and satisfying the standards for nursery stock and installation thereof set forth by the American Nursery and Landscape Association and guaranteed for two years. One hundred percent of replacement trees must be native Northeastern U.S. deciduous hardwoods. Any tree used in a required planting must be at least 2 1/2 inches caliper in diameter and must be nursery stock, balled and burlapped or in a container guaranteed for two years from the date of installation. A suitable species list for replacement trees shall be published on the Shade Tree Management Board’s municipal website.
The advisory committee established by Chapter 45 of Borough of Madison Code.
Any tree, measured 4.5 feet above the grade with a diameter of 16 inches diameter at breast height (DBH) (circumference of 50 inches) or greater, or any tree designated by the Shade Tree Management Board as a landmark tree. The diameter of tree(s) composed of multiple stems or trunks, in most cases, shall be the sum of each individual stem or trunk at DBH. Significant trees store the most carbon, filter the most water to the aquifer and provide the most ecosystem services.
A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.
Any deciduous or evergreen species, measured 4.5 feet above the grade with a diameter of six inches (circumference of 19 inches) or greater, up to a diameter of 16 inches (circumference of 50 inches).
A fund established by the Governing Body only to be expended for the planting of trees on any public street, in public park or public right-of-way at locations identified by the Shade Tree Management Board.
A Municipal Arborist shall be appointed by the Mayor and confirmed by the Council with the advice of the Shade Tree Management Board on an annual basis commencing January 1 and ending December 31. The Municipal Arborist shall possess the qualifications defined in § 178-3 and shall be paid for any services authorized on behalf of the Borough in accordance with an annual fee schedule established with the Borough. The Municipal Arborist shall be prohibited from taking any action on or representing any Madison private clients while under contract with the Borough. After the selection of the Municipal Arborist, the Borough shall enter into a contract with the Arborist, which shall set forth the fees charged by the Arborist for providing services to the Borough. The Borough's contract with the Arborist shall be published with the publication of the tree inventory and tree planting schedule as provided herein.
[Amended 4-28-2025 by Ord. No. 10-2025]
The Municipal Arborist shall be charged with performing review of tree removal permit applications, site inspections, administration and enforcement of tree removal permits, replacement and protection requirements of this chapter, reviewing and providing written reports on development applications, attendance at the Shade Tree Management Board meetings, and the preparation, maintenance and updating of the tree inventory. The Municipal Arborist shall also make recommendations with respect to the administration and enforcement of the Tree Protection Ordinance to the Shade Tree Management Board, Environmental Commission, Planning Board and Zoning Board of Adjustment and governing body.
Subject to the exemptions set forth herein, no person shall remove or damage, or cause to be removed or damaged, any tree located on land within the Borough without the express approval of the Municipal Arborist, unless such action is specifically exempted by the provisions of this chapter.
[Amended 4-28-2025 by Ord. No. 10-2025]
When a tree removal permit is required, it will be reviewed by the Municipal Arborist and a response will be provided within 15 business days of receipt of a permit application.
A.
Permit required. A tree removal permit is required for any of the following actions on private property:
(1)
Any removal or destruction of any tree six inches in diameter (circumference of 19 inches) or greater; or
(2)
Any removal or destruction of any significant tree.
(3)
Property owners shall be allowed to remove one nonsignificant tree on their property within a twelve-month period without having to pay a permit fee, after filing their tree removal permit application.
B.
Exemptions.
(1)
A permit is not required for removal of any tree directed to be removed by the Borough of Madison, County of Morris or State of New Jersey. Private property owners must provide notice to the Borough regarding same. Upon notice from the Borough, the Shade Tree Management Board and Municipal Arborist shall maintain a record of such exemptions.
C.
Permit application. Applications for a tree removal permit shall be submitted to the Engineering and Land Use Department. Forms are located on the Shade Tree Board’s municipal web site. A tree removal permit application shall contain the following information:
(1)
The name and address of the owner of the property from which the trees are proposed to be removed.
(2)
The name and address and phone number of the applicant. Where the applicant is not the property owner, written consent of the property owner is required.
(3)
Detailed development plans of the property, which shall include, but shall not be limited to the following supporting documents and information:
(a)
A description of the premises where removal is to take place, including lot and block numbers and street addresses as assigned.
(b)
An indication of all trees proposed to be removed, specifically by an assigned number, the species and diameter of each tree with a diameter of six inches or more.
(c)
An indication of all trees to remain and proposed replacement trees, if any, including their size and species specifically by an assigned number.
(d)
Any other information which may reasonably be required to enable the application to be properly evaluated including, but not limited to, a description of the purpose for which this application is to be made, e.g., scenic improvements, hardship, danger to adjacent properties, removal of diseased or damaged trees, transplanting or removal in a growing condition to other locations, installation of utilities, drainage of surface water, or other pertinent information.
(4)
Any removed tree that requires a replacement shall use the following table:
Tree Replacement Schedule | |
|---|---|
Diameter at Breast Height (DBH) Caliper of Existing Tree Removed (inches) | Number of Replacement Trees (2 1/2-inch caliper) |
Between 6 and 12 | 2 |
Between >12 and 18 | 4 |
Between >18 and 24 | 5 |
Between >24 and 30 | 7 |
Between >30 and 36 | 10 |
36 or greater | The equivalent of 2 1/2-inch caliper trees or greater needed to equal the DBH of the removed tree |
(5)
If the Municipal Arborist determines that based on lot size and site conditions it is not feasible to plant replacement trees, the required contribution shall be made to the Tree Fund.
(6)
Replacement trees must be native Northeastern U.S. deciduous hardwoods. A list of suitable replacement trees shall be maintained by the Shade Tree Management Board and the Municipal Arborist, which shall be utilized by permittees when selecting replacement trees pursuant to this chapter. Replacement trees must be planted no more than 12 months following the issuance of the tree removal permit. Any replacement trees required to be planted on Borough property must comply with the requirements of § 45-10B(3).
(7)
Invasive trees may be removed at the discretion of the Municipal Arborist. Though no replacement is required following the removal of an invasive tree, it is strongly encouraged to have it replaced with a native Northeastern U.S. deciduous hardwood.
D.
In lieu of providing a replacement tree, the owner of real property must contribute $400 per replacement tree to the Tree Fund, with such funds to be used for tree plantings in public spaces. The Municipal Arborist shall maintain a list of available public tree planting sites and by January 31 shall publish a list of trees that were planted at those public sites in the prior calendar year. Trees purchased with monies in the Tree Fund shall be planted at locations on public sites nearest to the site(s) that generated the remittance of monies pursuant to § 178-12.
E.
The Municipal Arborist shall deny the permit if the application does not comply with this chapter. The Municipal Arborist shall deny an application for lack of completeness if the required documents listed herein are not provided and/or if the Municipal Arborist cannot ascertain the full extent and scope of the project from the application submitted. Denial of a tree removal permit application for lack of completeness shall not preclude an applicant from re-applying with additional information and/or documentation.
F.
Additional requirements for construction projects.
(1)
Where the removal of a tree on a lot (as defined in § 178-3 hereof) is proposed for the construction of any building, recreation area or any structure for which a building permit is required, no building permit shall be issued until the applicant has obtained a tree permit required under this chapter.
(2)
The plan of the property submitted with the permit application shall indicate the construction disturbance line.
(3)
The plan shall indicate any or all trenches for underground public utilities.
(4)
All trees to be preserved are to be protected during construction. Tree protection is critical to prevent root compaction and preserve tree health. Trees shall be protected using the following criteria:
(a)
The limit of protection shall be the dripline unless otherwise approved by the Borough Engineer or their designee with the advice of the Municipal Arborist.
(b)
Tree protection barriers shall be installed by the applicant and approved by the Municipal Arborist and shall remain and be maintained until all construction and grading are completed and final inspection has taken place.
(c)
The protective barriers shall be independently supported fencing firmly secured and not supported by any trees and shall be a minimum of three feet high.
(d)
Unless a Borough official determines the project site is constrained in such a manner that the tree protection area would encompass all usable area typically required for construction activities to proceed in the tree protection areas, it shall be prohibited to:
[1]
Store any building material.
[2]
Store any fill of soil.
[3]
Store or park any equipment, including temporary toilet facilities.
[4]
Use as a work area.
[5]
Attach any signs, wires, or other attachments to any tree.
[6]
Exception: Tree removal equipment is permitted, but only during operations for tree removal.
G.
Applications for development.
(1)
All land development applications subject to site plan and subdivision approval pursuant to § 195-20 or subject technical review pursuant to § 195-12B to the Planning Board or Zoning Board of Adjustment for development under the Borough of Madison Land Development Ordinance[1] shall contain a demolition permit plan which shall be prepared by an appropriately licensed professional (professional engineer, land surveyor, landscape architect, professional planner, architect, forester, certified arborist, certified tree expert, etc.) showing all surface features, subsurface structures and trees proposed to be removed as part of the development. If the demolition permit plan provides for the removal of trees, the applicant must obtain a tree removal permit prior to demolition.
(2)
The demolition plan shall be a completeness item on the checklists for minor and major subdivisions and site plan applications.
(3)
The Municipal Arborist shall determine if any trees removed as a result of the demolition plan must be replaced. The number of replacement trees at the applicant’s site, another site in the Borough owned by the applicant or at a nearby public property shall be determined by the Municipal Arborist in accordance with the Tree Replacement Schedule. If the Municipal Arborist determines that it is not feasible to plant replacement trees, the required contribution shall be made to the Tree Fund. Replacement trees must be planted no more than 12 months following the issuance of the tree removal permit.
(4)
The Municipal Arborist shall review the development plans and provide a written report to the appropriate Land Use Board and the applicant at least 10 business days prior to the scheduled meeting date. The Municipal Arborist shall be paid from the technical review escrow for each application pursuant to § 195-12B of the Borough of Madison Land Development Ordinance.
H.
Other permit considerations.
(1)
All reasonable efforts shall be made to preserve landmark trees and significant trees, including, but not limited to, relocation of planned and/or proposed infrastructure, driveways, and buildings. Removal of landmark trees shall require written notice to the Shade Tree Management Board.
(2)
It shall be prohibited to remove trees from freshwater wetlands or freshwater wetland transition areas as defined by the Freshwater Wetlands Protection Act, N.J.S.A. 13:9B-1 et seq.
(3)
Trees may not be removed from steep slopes as defined by § 195-41 of the Borough Code. Requests for removal of trees from steep slopes, shall require a variance from the appropriate Land Use Board(s).
(4)
If the Municipal Arborist determines that a tree is dead, dying, hazardous, meets the definition of "hazard tree," and/or is infested with insects, a replacement tree is not required, but strongly encouraged. Applicants may submit written reports and supporting documentation with their tree removal permit application from another certified arborist or licensed tree expert regarding such trees on their property.
(5)
All reasonable efforts should be made to preserve clusters of trees in a natural state as they provide a greater ecosystem service than the sum of their individual components.
I.
Standards.
(1)
Upon receipt of a tree removal permit application, the Municipal Arborist shall inspect the site on which the trees are located or sought to be removed.
(2)
Land Use Boards processing applications involving tree removals or potentially impacting existing trees shall forward all application documents to the Municipal Arborist at least 10 days prior to the public hearing on same to request a written report and/or solicit tree assessment(s) from the Municipal Arborist regarding the application, which shall be taken under advisement by the Land Use Board. Upon approval of tree removals by the Land Use Board, the land use applicant shall file a tree removal permit application with the Municipal Arborist, which shall be issued in accordance with the Land Use Board approval No tree removal permit application fee shall be required for tree removals approved by a Land Use Board
(3)
The Municipal Arborist and the Land Use Board shall have the discretion to prohibit clear cutting.
(4)
The following conditions shall be considered by the Municipal Arborist or applicable Land Use Board to approve a tree removal permit:
(a)
Where the area where such tree or trees are located will be occupied by a sewer line or other underground utility, or where the area where such tree or trees are located is within 12 feet of a building or structure or within seven feet of any of the other improvements set forth in this subsection.
(b)
Where proposed changes in the topography of the area where such tree or trees are located would require significant remediation, such as welling or construction of an aerification system, to allow the tree or trees to survive.
(c)
Where the presence of the tree or trees will endanger the public or an adjoining property owner.
(d)
Where the tree or trees are damaging a structure.
(e)
Where the root system has become a hazard to the extent that no other solution remains.
(f)
Where the location of the tree interferes with the use of an existing outdoor, inground pool.
(g)
The loss of lot yield, building area or profitability of a development layout shall not be factors considered in making a tree permit determination.
(h)
Additional runoff of surface water onto adjacent properties; erosion, silting, excessive dust, or other contribution to soil or property instability; significant and adverse environmental impact; impairment to the growth or development of remaining tree(s) on the applicant's property or upon adjacent properties; drainage or sewerage problems; dangerous or hazardous conditions; acute, adverse impact on required screening and buffer areas; utility company recommendations; or such removal is contrary to the mission and protections of this chapter.
J.
Conflicts with other laws. Notwithstanding anything in this chapter to the contrary, no tree removal shall be permitted where prohibited by any other municipal, state or federal statute, ordinance or regulation.
K.
Fees.
L.
Scheduling requirements.
(1)
The Municipal Arborist shall act upon a tree removal permit application within 15 business days of a complete permit application being filed. The Municipal Arborist shall determine whether a permit application is complete or requires additional information for review.
(2)
Upon receipt of a tree removal permit the permit holder must notify the Municipal Arborist when the following events have taken place:
(a)
Tree or trees to be removed shall be indicated on site with flagging tape.
(b)
All tree removals are completed.
(c)
For construction projects:
[1]
If existing trees are within the construction zone, after required tree protection measures have been installed.
[2]
For projects that require building demolition, after demolition, but prior to start of construction.
[3]
If excavation of building structures is required after excavation, prior to construction.
[4]
If trenching is required, after mark-out of all trenches.
[5]
Final grade is established.
(d)
Replacement trees have been installed. A survey, drawing or other diagram, indicating the replacement tree location, date of planting, and species type shall be provided to the Municipal Arborist within 30 days of planting of all replacement trees.
(e)
Permit holders shall post a notice of tree removal permit in a prominent place on the property starting on the day that the permit is issued and for five days after removal of all trees. The notice of tree removal permit shall be issued by the Municipal Arborist in a format approved by the Shade Tree Management Board.
M.
Permit time limit. All tree removal permits shall be limited to one year from date of issuance. If the approved tree removal has not occurred within one year, a new permit must be applied for and is subject to the payment of new fees. If, however, the applicant diligently pursues other governmental approval, or if approved development is ongoing, the permit may be renewed for up to one year.
A.
Any public utility or public transportation corporation that maintains overhead wires, underground pipes or conduits shall review plans for pruning and/or tree removal at least two weeks prior to the commencement of work with the Municipal Arborist and a representative of the Shade Tree Management Board and obtain written permission from the Municipal Arborist to proceed.
B.
Utilities and public transportation corporations may undertake emergency tree work to restore electrical, telephone, cable TV or other wire services without prior advance notice. In such event, the utility shall notify the Municipal Arborist of said work within three business days of commencement. The utilities owned and operated by the Borough of Madison shall be exempt from the noticing requirements.
[Amended 4-28-2025 by Ord. No. 10-2025]
The Municipal Arborist shall have the sole jurisdiction and responsibility to identify any violations hereunder. The Municipal Arborist shall oversee all applicable tree removal or destruction and soil removal incidental thereto. Upon ascertaining a violation of this chapter, the Municipal Arborist shall maintain all relevant documentation associated with any violation. The Municipal Arborist shall contact the owner of the property to correct the violation. If such violation(s) are not resolved within 10 business days, the Municipal Arborist shall issue a summons to be heard in the Municipal Court as provided in this chapter. In addition to other remedies, the Borough Engineer or their designee or other proper municipal official may institute a stop-work order to prevent a continuing violation of the terms of this chapter.
No person shall engage in tree removal work in the Borough for hire without first verifying with the applicant or the Engineering and Land Use Office that a tree removal permit has been obtained.
A.
Any person and/or firm violating or causing to be violated any of the provisions of this chapter shall be subject to a fine of not less than $100 and not more than $2,000 for each offense together with court costs and/or required community service.
B.
Each illegally removed tree shall be treated as a separate offense.
[Amended 4-28-2025 by Ord. No. 10-2025]
If an applicant or permit holder disagrees with the decision of the Municipal Arborist, as the administrative officer of this chapter, they shall have the right to appeal such decision to the Shade Tree Management Board. Such appeal shall be by written notice of appeal, via mail, hand delivery, or e-mail to the Borough Clerk. The applicant must state the reason(s) upon which the appeal is based may include documentation and reports supporting the appeal and shall file the appeal with the Borough Clerk within 15 business days of the decision of the Municipal Arborist. The Shade Tree Management Board shall hear the appeal, upon notice to the applicant, within 45 days after filing of the notice of appeal. The Shade Tree Management Board may in its discretion and upon complete review of the application and after hearing the testimony of the Municipal Arborist, the applicant, and such other experts as may be appropriate, reverse, modify or affirm the aforesaid decision. Any application which is associated with a Planning Board or Zoning Board of Adjustment hearing cannot be appealed to the Shade Tree Management Board.
A.
A Tree Fund shall be established by the Governing Body to receive and disburse replacement tree contributions. Appropriations from the Tree Fund shall be authorized by the Governing Body. The purpose of the fund is to provide for the planting of replacement trees on public land.
B.
All tree replacements under this chapter shall be made on the actual site from which the trees were removed or on a nearby public property and shall replace each tree destroyed or removed. [See Tree Replacement Schedule, § 178-7C(4).] However, if the site in question cannot physically accommodate the total replacement amount of trees, a fee of $400 per replacement tree may be paid to the Tree Fund in lieu of such replacement.
[Amended 4-28-2025 by Ord. No. 10-2025]
A residential property owner may apply to the Borough for partial reimbursement of the cost of planting a replacement tree. The reimbursement shall be $200 per tree. The reimbursement shall only apply to trees meeting the specifications and species identified on the list maintained by the Municipal Arborist and the Shade Tree Management Board. The residential property owner shall submit to the Municipal Arborist all bills associated with the purchasing and planting of trees. The Governing Body shall appropriate an amount annually for this program, and the reimbursements will be paid up to the annual limit to those who file first in time.
The Municipal Arborist shall provide an annual report by February 15 to the Borough Council including the following information:
A.
The number of tree removal permit applications.
B.
The number of trees requested for permitted removal and species of each tree.
C.
The number of permits approved and denied.
D.
The number of trees planted as replacement trees.
E.
Total fees collected by type, and total cost of planting replacement trees.