[HISTORY: Adopted by the Borough Council of the Borough of Lincoln Park 11-12-1991 by Ord. No. 1,032 as Ch. 202 of the 1991 Code; amended in its entirety 4-21-2025 by Ord. No. 6-25, eff. 5-11-2025.[1] Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also renamed this chapter, formerly "Trees and Shrubs."
A. 
The Borough desires to preserve and protect trees within the Borough which aids in the preservation of water quality, protects against water runoff, abates noise and enhances the ambience and character of the community.
B. 
The Borough finds that indiscriminate and excessive cutting of trees upon tracts of land has resulted in creating increased municipal costs to control drainage within the Borough and further impairs the benefits of occupancy of existing residential property in such areas and impairs the stability and value of both improved and unimproved real property in such areas, with attendant deterioration of conditions affecting the health, safety and general welfare of the inhabitants of the Borough.
C. 
In addition, the Borough wants to establish requirements for tree removal and replacement in the Borough of Lincoln Park in order to comply with the NJDEP Tier A MS4 permit renewal requirements established by the State of New Jersey.
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" mean 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 chapter.
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. The formula is for every 1" of DBH you need 1.5' of CRR. 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 four and a half 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.
ENFORCEMENT OFFICIAL
Means the Borough Engineer, the Zoning Officer or his/her designee, the Police Chief or his/her designee, the Borough Forester, or the Public Works Superintendent.
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 and are subject to the tree replacement requirements herein.
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.);
E. 
Is determined to be a threat to public health, safety, and/or welfare by a licensed tree expert (LTE), licensed tree care operator (LTCO), the Police Chief or his/her designee, the Borough Forester, the Borough Engineer, the zoning officer or his designee, or the Public Works Superintendent.
PERSON
Means any individual, resident, corporation, utility, company, partnership, firm, association, organization, or other entity or group.
PLANTING STRIP
Mean the area within the public right-of-way between the abutting property line and the curb or edge of pavement, exclusive of any sidewalk.
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 chapter is removed or proposed to be removed.
STREET TREE
Means a tree planted within the public right-of-way. This also includes trees planted within shade tree easements. This also includes any road, street or highway dedicated for the public use for street purposes, regardless of whether or not it has been formally accepted by the Borough. A street, road or highway shall be deemed to include all portions lying between the dedicated or established right-of-way lines thereof, such lines being identical with the front property lines of lands abutting the street.
TREE
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.
TREE CALIPER
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.
TREE CARE SERVICE
Means tree removal, stump grinding or removal, tree pruning, repairing, brush cutting or removal, tree establishment, fertilization, cabling and bracing, tree management during site planning and development, tree assessment and risk management, and application of pesticides or other form of tree maintenance.
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.
A. 
No person shall, without a permit, do any of the following acts in connection with any street tree with a DBH of six inches or more located in any street, highway, planting strip, public place, park or land owned by the Borough or in the public right-of-way:
(1) 
Cut, prune, break, injure, remove, disturb or interfere with any tree in any way.
(2) 
Spray any tree with any chemical.
(3) 
Fasten any rope, wire, sign or other device to a tree or to any guard about such tree.
(4) 
Remove or injure any guard or device placed to protect any tree.
(5) 
Close or obstruct any open space provided about the base of a tree to permit the access of air, water and fertilizer to the roots of such tree.
(6) 
Place or maintain in any street or park any stone, cement or other sidewalk or other substance which shall impede the free access of air and water to the roots of any tree.
(7) 
Plant any tree in any park or street.
(8) 
Excavate within four feet of any tree.
(9) 
String any wire in or through a public park.
A. 
No person shall place salt, brine, oil or any other substance injurious to plant growth in such a manner as to injure any tree.
B. 
No person shall build any fire or station any tar kettle, road roller, fuel-dispensing truck or other engine in any place in such a manner that the heat, vapors, fuel or fumes therefrom may injure any tree.
C. 
Every person having or maintaining any utility lines shall maintain such lines in such manner as will safeguard the trees against any damage therefrom and shall make periodic adjustments whenever necessary to prevent damage to trees.
D. 
In the erection, alteration or repair of any structure or building, the owner, contractor or other person in charge thereof shall place such guards around all nearby trees at the critical root radius (CRR) as will effectually prevent injury to such trees.
E. 
No person shall use or operate any power shovel, bulldozer or any other implement, machine or tool in such a manner as to damage or destroy any tree.
F. 
No person shall plant any tree so as to interfere with any sidewalk or underground utility.
G. 
Every person having or maintaining any electric, telephone, cable or other wires running in or through Borough-owned land or a street or park shall securely fasten and maintain such wires in such a manner as will safeguard all trees against any damage therefrom and shall make periodical adjustments whenever necessary to prevent damage to all trees. Whenever the Borough shall deem it necessary to prune or remove any tree, any person having a wire running in or through any street or park shall temporarily remove such wire within 72 hours after the service upon the owner of the wire or his agent of a written notice to do so. Any utility company, instead of removing such wire, shall have the option of pruning such trees under the supervision of the enforcement official.
A. 
No Borough tree or tree in the public right-of-way shall be removed or altered except by the Department of Public Works or by a tree care service contractor so authorized by contract with the Borough or by a person when issued a permit by the construction department.
B. 
In situations where an adjacent property owner desires the removal of a street tree which is not a hazard tree, the property owner shall file an application for a tree removal permit explaining the reasons for the tree removal.
A. 
No live tree exceeding six inches in diameter DBH shall be destroyed by any person, except under the following circumstances:
(1) 
The present location of a tree would cause a hardship to the property owner or create a nuisance or a hazard to the safety and welfare of the public.
(2) 
Trees to be removed are located within the areas to be occupied by buildings, driveways or recreation areas and within a distance of 15 feet around the perimeter of such building, provided that the enforcement official or Planning Board or Zoning Board of Adjustment, where applicable, may specify that certain species of trees within the 15 feet shall remain standing.
(3) 
Cut or fill of land required for proper development is such that it is deemed injurious or dangerous to the trees. The determination of the enforcement official or Planning Board where applicable in this respect shall depend on the species of a tree and degree of injury and shall be indicated on the plan hereinbefore mentioned.
B. 
No building permits shall be issued for the construction of one-family dwellings, multi-family dwellings or for the construction of commercial or industrial buildings in accordance with final major subdivision approval granted by the Planning Board pursuant to the provisions of Chapter 17, Land Development Review, unless and until the developer, builder or owner files with the Planning Board, Zoning Board of Adjustment or enforcement official, where applicable, an appropriate plan showing all proposed tree removals in relation to the survey stakes marking out a building foundation, garage, driveway, parking area, recreation area and related areas requiring the removal of trees. The species and conditions of trees shall be checked by the Planning Board, Zoning Board of Adjustment or enforcement official, where applicable, and shall be indicated upon the plan.
C. 
No material, machinery or temporary solid deposits shall be placed at the critical root radius (CRR) of any existing tree trunk or stem during the period of construction development.
A. 
An application for a tree removal permit shall be filed in the Construction Office or other designated recipient and forwarded to the attention of the enforcement official. Any required New Jersey Department of Environmental Protection approvals shall be attached to the application when submitted to the construction office. After reviewing said application, the enforcement official will issue or deny a tree removal permit.
B. 
The enforcement official shall review the application and determine whether the tree may be considered for tree removal, and reject or approve the application and issue permit, including the reasons for the decision within 14 calendar days.
C. 
When any tree removal is part of any subdivision or site plan application before a Land Use Board, or any major development as defined in Stormwater Management Regulations of the Borough Code, such application shall be made to the Planning Board Official.
D. 
Upon the issuance of a tree removal permit, the Borough will issue a placard to the applicant. The respective placard shall be prominently displayed and clearly visible from the road at the site and shall remain posted during the entire tree removal process and/or tree removal period, but in no case shall the placard be displayed for less than 10 days from issuance.
E. 
No permit will be required and fees shall be waived for the removal of dead, diseased or hazardous trees. However, no such trees shall be removed without prior notice by the property owner to the construction office and the issuance of a placard for such removal. If the property owner fails to provide such notice, the enforcement official may require replacement trees for the property as determined by the enforcement official.
F. 
As a condition for the issuance of the permit, the applicant shall agree to the entry onto his/her premises by the enforcement official and all law enforcement officers as necessary to effectuate the provisions of this chapter, and such entries shall be deemed lawful. Failure to allow such entry shall be unlawful and shall constitute a violation of this chapter.
G. 
The fee for the permit is listed in the fee ordinance Chapter 34, Fees, § 34-24.
A. 
All owners, tenants or occupants of property shall remove or cause to be removed any hazard tree or part of a hazard tree located thereon which is determined to be dangerous to public health, safety or welfare within 10 days following written notice thereof by the enforcement official, which notice shall be delivered to the owner, tenant or occupant of the land upon which the tree is located by regular and certified mail.
B. 
In the event the owner, tenant or occupant shall fail, refuse, or neglect to remove or cause to be removed any such tree within the time period specified, or should the enforcement official determine that the public safety requires immediate removal, the Borough may undertake such removal itself.
A. 
Where a tree or part of a tree is removed by the Borough because it has become a hazard tree in accordance with this chapter, the cost thereof shall be charged against the real estate upon which such tree is removed. Such cost shall be fixed by the enforcement official and shall be paid directly to the Treasurer of the Borough by the owner.
B. 
In the event that the sum is not paid by the owner within 30 days after demand for the same is made, the same shall be certified by the Treasurer of the Borough to the Collector of Taxes, and such cost shall thereupon become a lien upon the real estate and shall be included in the next tax bill rendered to the owner and shall be collected in the same manner as taxes against the property.
A. 
Any person who removes one or more tree(s), as defined as tree removal, with a DBH of six inches or more per property lot, unless otherwise detailed under § 434-11, Exemptions, shall be subject to the requirements of the Tree Replacement Requirements Table.
B. 
The species, type and diversity of replacement trees shall be in accordance with a list of approved trees and planting requirements kept on file in the Planning Department. Native tree species are preferred.
C. 
Replacement tree(s) shall:
(1) 
Be replaced in kind with a tree that meets the list of approved trees maintained by the Planning Department and 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 guaranteed and monitored by the applicant for a period of two years of planting 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.
(5) 
Be planted during the planting season into an appropriate sized tree pit or planting bed with sufficient space around it to allow the tree to grow in the dimensions of a full-sized tree according to the species.
(6) 
Be watered as required.
Tree Replacement Requirements Table
Category
Tree Removed
(DBH)
Tree Replacement Criteria (See Appendix A[1])
1
DBH of 6" to 12.99"
Replant 1 tree with a minimum tree caliper of 1.5" for each tree removed
2
DBH of 13" to 22.99"
Replant 2 trees with minimum tree calipers of 1.5" for each tree removed
3
DBH of 23" to 32.99"
Replant 3 trees with minimum tree calipers of 1.5" for each tree removed
4
DBH of 33" or greater
Replant 4 trees with minimum tree calipers of 1.5" for each tree removed
[1]
Editor's Note: Appendix A is on file in the Borough offices.
D. 
If the enforcement official 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:
(1) 
Plant replacement trees in a separate area(s) approved by the enforcement official.
(2) 
Pay a fee of per tree removed which fee shall be placed into a fund dedicated to tree planting and continued maintenance of the trees in the Borough. The compensation required shall be equivalent to the cost of replacing the removed trees as determined by the enforcement official. The fee shall not exceed $500/tree, with a minimum fee of $200/tree.
All persons or property owners shall comply with the tree replacement standard outlined above, except in the cases detailed below. Proper justification shall be provided when requested by the enforcement official, in writing, by all persons claiming an exemption:
A. 
The removal of less than four trees per lot that fall into category 1, 2, or 3 of the Tree Replacement Requirements Table from a single lot within a five-year period. The enforcement official will maintain a record in the property file for each lot where trees have been removed to ensure compliance with this provision.
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 permit, no fee and replacement requirement. However, no such trees shall be removed without prior notice by the property owner to the enforcement officer giving a minimum of seven calendar days for the enforcement officer to inspect and confirm the condition of the tree to be removed. If the property owner fails to notify the enforcement officer before removing the tree, the enforcement officer may require a replacement tree for each tree removed.
A. 
All tree care service contractors operating within the Borough shall register with the Borough Clerk and shall:
(1) 
Be licensed in accordance with the New Jersey Tree Experts and Tree Care Operators Licensing Act pursuant to N.J.S.A. 45:15C-11 et seq.
(2) 
Maintain insurance as required by the State of New Jersey.
(3) 
Possess a current valid registration with the Borough pursuant to this chapter.
(4) 
Carry and provide proof of the following insurance coverage:
(a) 
At least $1,000,000 property damage and bodily injury insurance per incident;
(b) 
At least $3,000,000 automobile insurance per incident; and
(c) 
Worker's compensation insurance in such amount as required by law.
B. 
Upon submission of the above items, the Borough Clerk shall register the tree care service contractor as approved to conduct business in the Borough of Lincoln Park and issue a decal to be affixed to each vehicle the contractor intends to use for business in the Borough. The registration is valid from the date of registration to the end of the calendar year. The registration must be renewed annually by the contractor to remain on the approved list. The fee for registration is listed in the fee ordinance Chapter 34, Fees, § 34-24.
C. 
Within 30 days of the adoption of this chapter, the Borough Clerk shall mail a copy of this chapter to persons and entities known to be in the business of maintaining, cutting, pruning or removing trees within the Borough.
D. 
Within 60 days thereafter, any person desiring to conduct the business of maintaining, cutting, or removing trees within the Borough shall register with the Borough Clerk.
This chapter shall be enforced by the enforcement official during the course of ordinary enforcement duties.
Any person aggrieved by the provisions of this chapter shall have the right, within 10-day from date of the decision of the enforcement official in approving or denying a permit, to appeal in writing to the Borough Council. The appeal shall be filed with the Borough Clerk. The Borough Council shall take whatever action it deems necessary in any matter appealed to it at the next scheduled meeting after receipt of the appeal. The Mayor and Council may, in its discretion and upon complete review of the application and after hearing the testimony of the enforcement official and the applicant and any other interested parties, reverse, modify or affirm the prior decision by the enforcement official in the matter.
Any person who violates or who fails or refuses to comply with the provisions of this chapter shall, upon conviction of such violation, be subject to punishment as provided in Chapter 1, General Provisions, § 1-2, General penalty, of the Code of the Borough of Lincoln Park. In addition, each tree removed or damaged in violation of this chapter shall be deemed a separate offense subject to a separate penalty.