Chapter 21: Tree Removal and Replacement

[Added 3-12-2025 by Ord. No. 2025-2]

Trees play a critical, often overlooked, role in the water cycle and in the mitigation of stormwater runoff issues such as soil erosion, pollutant reduction, infiltration, quantity reduction, and thermal effects. This chapter is intended to ensure that permittees are considering these undervalued assets in their stormwater management effort. This chapter establishes requirements for tree removal and replacement in the Borough of Elmer to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare.

§ 21-2 DEFINITIONS.

[Added 3-12-2025 by Ord. No. 2025-2]

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

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. For example: a tree with a 6" DBH would have a CRR = 6" x 1.5' = 9'.

DIAMETER AT BREAST HEIGHT (DBH)

Means 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

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.

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).

LICENSED TREE EXPERT (LTE)

Means as defined in N.J.S.A. 45:15C-11, which includes but is not limited to a Licensed Tree Care Operator, Licensed Tree Care Operator Services, Tree Care Services and Tree Expert Services.

PERSON

Means any individual, resident, corporation, utility, company, partnership, firm, or association.

PLANTING STRIP

Means 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

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 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.

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 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.

§ 21-3 REGULATED ACTIVITIES.

[Added 3-12-2025 by Ord. No. 2025-2]

Application review and approval can be conducted along with existing business processes and permit application review such as, but not limited to, site plan approvals, building permit approvals, Land Use Board application approval, etc. A separate application process outlined below is only required when the tree removal does not meet an existing application/permit.

Application Process.

Any person planning to remove a street tree, defined as Tree removal, with DBH of 2.5 inches or more or any non-street tree with DBH of six inches or more on their property shall submit a Tree Removal Application to the Property Maintenance Office. No tree shall be removed until municipal officials have reviewed and approved the removal. For larger-scale clearing projects not subject to a Land Use Board application, the Borough may choose to require a tree survey be submitted as part of the application to determine number, sizes, and exemptions of trees for the assessment of fees.

Applicants will be subject to an application fee in the amount of $100 for up to three regulated tree removals, plus $25 each additional regulated tree, not to exceed $1,000.

Tree Replacement Requirements.

Any person who removes one or more street tree(s) with a DBH of 2.5 inches or more, unless exempt under § 21-4, shall be subject to the requirements of the Tree Replacement Requirements Table below.

Any person, who removes one or more tree(s), defined as Tree removal, with a DBH of six inches or more per acre, unless otherwise detailed under § 21-4, 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 Appendix A.[1]

[1]

Editor's Note: Appendix A is included as an attachment to this chapter.

Replacement tree(s) shall:

(a)

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;

(b)

Be planted within 12 months of the date of removal of the original tree(s) or at an alternative date specified by the Borough;

(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.

Tree Replacement Requirements Table
Category	Tree Removed (DBH) (inches)	Tree Replacement Criteria (See Appendix A)	Replacement Fee*
1	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 inches for each tree removed	$250
2	13 to 22.99	Replant 2 trees with minimum tree calipers of 1.5 inches for each tree removed	$250
3	23 to 32.99	Replant 3 trees with minimum tree calipers of 1.5 inches for each tree removed	$250
4	33 or greater	Replant 4 trees with minimum tree calipers of 1.5 inches for each tree removed	$250

Replacement Alternatives. If the Borough 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:

Plant replacement trees in a separate area(s) approved by the Borough.

Pay a fee of $250 per tree removed. This fee shall be placed into a fund dedicated to tree planting and continued maintenance of the trees.

§ 21-4 EXEMPTIONS.

[Added 3-12-2025 by Ord. No. 2025-2]

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 Borough by all persons claiming an exemption, which shall include but not be limited to explanatory statement as to which exemption applies, documentation from government agency, if applicable, photos and for a claim of hazard exemption photo and statement from a NJ licensed tree expert per N.J.S.A. 45:15C-11:

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 July 2024, the "count" resets to zero in July 2029. However, if one tree from category one is removed in July 2024 and another in July of 2025, the first tree will come off the count in July 2029 and the second in July 2030.]

Tree farms in active operation, nurseries, fruit orchards, and garden centers;

Properties used for the practice of silviculture under an approved forest stewardship or woodland management plan that is active and on file with the Borough;

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;

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;

Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife;

Hazard trees may be removed with no fee or replacement requirement.

§ 21-5 ENFORCEMENT.

[Added 3-12-2025 by Ord. No. 2025-2]

This chapter shall be enforced by the Property Maintenance Office during the course of ordinary enforcement duties.

§ 21-6 VIOLATIONS AND PENALTIES.

[Added 3-12-2025 by Ord. No. 2025-2]

Any person(s) who is found to be in violation of the provisions of this chapter shall be subject to a fine of $250 per tree removed. In addition, any person(s) who has removed trees without prior permission shall be subject to an additional fee of the amount of the required replacement tree(s) and cost of planting.