To establish requirements for tree removal and replacement in the Borough of Roselle to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare.
[HISTORY: Adopted by the Mayor and Council of the Borough of Roselle as Ch. 110 of the 1975 Borough Code; amended in its entirety 2-17-2010 by Ord. No. 2360-10; 5-14-2025 by Ord. No. 2762-25. Subsequent amendments noted where applicable]
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.
Any "person," as defined below, who applies for approval to remove trees regulated under this chapter.
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-inch DBH would have a CRR equal to 9 feet (6 inches x 1.5 feet = 9 feet).
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.
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.
Has an infectious disease or insect infestation;
Is dead or dying;
Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective;
Is causing obvious damage to structures (such as building foundations, sidewalks, etc.); or
Is determined to be a threat to public health, safety, and/or welfare by a certified arborist or Licensed Tree Expert (LTE).
Any individual, resident, corporation, utility, company, partnership, firm, or association.
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.
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.
A tree planted in the sidewalk, planting strip, and/or in the public right-of-way adjacent to (or specified distance from) 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.
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.
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.
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.
Application required. Any person planning to remove a street tree, as defined as tree removal, with a DBH of 2.5 inches or more or any non-street tree with a DBH of six inches or more on their property shall submit a Tree Removal Application to the Shade Tree Division. No tree shall be removed until the Shade Tree Division has reviewed and approved the removal.
B.
Tree replacement requirements.
(1)
Any person who removes one or more street tree(s) with a DBH of 2.5 inches or more, unless exempt under § 430-5, 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 six inches or more per acre, unless otherwise detailed under § 430-5, 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 Schedule I (§ 430-4).
(4)
Replacement tree(s) shall:
(a)
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;
(b)
Be planted within 12 months of the date of removal of the original tree(s) or at an alternative date specified by the municipality;
(c)
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
(d)
Shall not be planted in temporary containers or pots, as these do not count towards tree replacement requirements.
(5)
Tree Replacement requirements table.
Category | Tree Removed (DBH) | Tree Replacement Criteria (See Schedule A) | Application Fee |
|---|---|---|---|
1 | 2.5 inches (for street trees) or 6 inches (for non-street trees) to 12.99 inches | Replant 1 tree with a minimum tree caliper of 1.5 inches for each tree removed | $50 plus $25 per tree |
2 | 13 inches to 22.99 inches | Replant 2 trees with minimum tree calipers of 1.5 inches for each tree removed | $50 plus $25 per tree |
3 | 23 inches to 32.99 inches | Replant 3 trees with minimum tree calipers of 1.5 inches for each tree removed | $50 plus $25 per tree |
4 | 33 inches or greater | Replant 4 trees with minimum tree calipers of 1.5 inches for each tree removed | $50 plus $25 per tree |
A.
Below is a list of trees that shall not be used as replacement trees:
(1)
Acer Palmatum.
(2)
Acer Platanoides.
(3)
Ailanthus Altissima.
(4)
Ash Species.
(5)
Black Locust.
(6)
Eastern Arborvitaes.
(7)
Empress Tree.
(8)
Flowering Pear.
(9)
Flowering Plum.
(10)
Fraxinus Spp.
(11)
Japanese Maple.
(12)
Norway Maple.
(13)
Paulownia Tomentosa.
(14)
Prunus Cerasifera.
(15)
Pyrus Calleryana.
(16)
Robinia Pseudoacacia.
(17)
Thuja Occidentalis.
(18)
Tree of Heaven.
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. Proper justification may include written statements, reports, or testimony from a licensed tree expert or licensed tree care operator as defined in N.J.S.A. 45:15C-12:
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 one are removed in April 2025, the 'count' resets to zero in April 2030. However, if one tree from category one is removed in April 2025 and another in July of 2027, the first tree will come off the count in April 2030 and the second in July 2032.]
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 Shade Tree Division and Code Enforcement during the course of ordinary enforcement duties.
Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine of $500 per tree. All moneys so collected shall be paid to the Borough and placed to the credit of the Shade Tree Division, to be drawn upon by the Division for its work.
A person having control over a wire for the transmission of an electric current along a public highway shall guard trees through which such wire passes against injury from the electric wire or from electric current carried by it, by means approved by the Shade Tree Division.
No person shall do or cause to be done any of the following acts upon a public highway, public place, park or parkway without the written permit of the Shade Tree Division:
A.
Cut, trim, break, climb with spikes, disturb the roots of or otherwise injure, spray with any chemical or remove any living tree or shrub, or injure, misuse or remove any structure or device placed to support or protect such tree or shrub.
B.
Plant any tree or shrub.
C.
Fasten any rope, wire, electric attachment, sign or other device to a tree or shrub or to any guard about such tree or shrub.
D.
Close or obstruct any open space provided about the base of a tree or shrub to permit the access of air, water or fertilizer to the roots of such tree or shrub.
E.
Pile any building material or make any mortar or cement within six feet of a tree or shrub.
A.
No person shall permit any brine, gas or injurious chemical to come in contact with the stem or roots of any tree or shrub upon a public highway.
B.
No person shall hitch or fasten any animal to a tree or shrub upon a public highway or to any guard or support provided for the same, or permit an animal to bite or otherwise injure such tree or shrub.
C.
No person shall prevent, delay or interfere with any lawful work undertaken by the Shade Tree Division or its authorized agents.
Any person who shall violate any of the provisions of this article shall, upon conviction thereof, be fined in a sum not exceeding $500 or imprisoned for a term not exceeding 90 days, or both. All moneys so collected shall be paid to the Borough and placed to the credit of the Shade Tree Division, to be drawn upon by the Division for its work.