Borough of Oceanport, NJ Chapter 371 Trees

[HISTORY: Adopted by the Mayor and Council of the Borough of Oceanport 10-4-1973 by Ord. No. 338 (Ch. 20, §§ 20-11, 20-12 and 20-16, of the 1970 Code). Amendments noted where applicable.]

§ 371-1 New plantings.

A. In all new developments, the construction of which shall have been commenced following the effective date of this chapter, trees shall be planted by the developer on each side of every street therein, providing one tree at least every 50 feet. Such trees shall be at least two inches in diameter.

B. Such trees shall be first-class nursery stock, planted while in a dormant state and properly staked, with topsoil sufficient to cover all roots. Said trees shall be in good growing condition at the end of one year or shall be replaced by the developer in accordance with this chapter. The Shade Tree Committee[1] shall direct the placement, planting and selection of trees in all new developments and shall certify its approval thereof to the Planning Board and the Mayor and Council. The location of such new plantings or replacements shall be such that, wherever possible, conflict or interference with existing overhead or underground utilities or other facilities will be avoided. No new plantings shall be made in the area between sidewalks and curbs, nor shall any such existing plantings be replaced.

[1] Editor's Note: See Ch. 29, Art. II, Shade Tree Committee.

§ 371-2 Trimming or removal of public trees.

[Amended 3-21-2019 by Ord. No. 997; 5-1-2025 by Ord. No. 1106]

A. Purpose. An ordinance to establish requirements for tree removal and replacement in the Borough of Oceanport to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare.

B. Definitions. For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section 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 section.

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 six-inch DBH would have a CRR = six inches x 1.5 feet = nine feet.

DIAMETER AT BREAST HEIGHT (DBH)

Means the diameter of the trunk of a mature tree 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.

(1) Has an infectious disease or insect infestation;

(2) Is dead or dying;

(3) Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective;

(4) Is causing obvious damage to structures (such as building foundations, sidewalks, etc.); or

(5) Is determined to be a threat to public health, safety, and/or welfare by a certified arborist or licensed tree expert (LTE).

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 section 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.

TREE REMOVAL PERMIT

Means a permit approved by the Borough and duly issued by the Borough Zoning Officer of designee according to the terms of this chapter. The permit consists of a written letter acknowledging which trees have been approved for removal and is accompanied by a permit sign to be posted publicly. The permit may also include additional compliance requirements such as a replanting agreement or landscape plan.

C. Regulated activities.

(1) Application process.

(a) Any person planning to remove a street tree, as 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 Zoning Official. No tree shall be removed until municipal officials have reviewed and approved the removal.

(b) The application will be on a form provided by the Zoning Office.

(c) You are required to submit a tree replacement plan with this application and a current survey/plot/site plan showing where trees are being removed from and where replacement will occur.

[1] Single family. If the tree removal permit is for a single-family residence, the plan shall consist of a tree location sketch containing the minimum amount of pertinent information to enable the determination of compliance with the regulations in this chapter.

[2] Other types of development. The plan for any other property shall include a survey prepared by a licensed land surveyor that contains trees' locations.

(d) Application for any tree removal or replacement that is the result of work or development to go before the Zoning or Planning Boards will be referred by the Zoning Officer to the Board Secretary and Engineer. The Board will review and mention any modifications or approval in the resolution of approval issued.

(e) The Board may request professional tree surveys and/or site plans be provided for review.

(f) Application fee.

[1] The application review fee is $50, due before any review is performed by the Zoning Officer. The fee is per application and only good for one block and lot parcel.

[2] A re-review fee of $25 is required for plan resubmittals after rejected application. The Zoning Office can waive this fee if the review time is determined to be minimal.

[3] The fee for governmental bodies removing or relocating trees on public land is waived.

[4] The review fee for application going to the Zoning or Planning Board will be charged via the professional's rate approved by the Board and charged to the escrow account.

(2) Tree replacement requirements.

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

(b) Any person who removes one or more tree(s), as defined as tree removal, with a DBH of six inches or more, unless otherwise detailed under Subsection D, shall be subject to the requirements of the Tree Replacement Requirements Table.

(c) 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.

(d) Replacement tree(s) shall:

[1] Be replaced meeting 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

(e) 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)	Tree Replacement Criteria (See Appendix A)[2]	Dollar Amount Per Tree Removed if Tree Cannot Be Replanted
1	DBH of 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 to 2 inches for each tree removed	$300 for each tree removed
2	DBH of 13 inches to 22.99 inches	Replant 2 trees with minimum tree calipers of 1.5 inches to 2 inches for each tree removed	$600 for each tree removed
3	DBH of 23 inches to 32.99 inches	Replant 3 trees with minimum tree calipers of 1.5 inches to 2 inches for each tree removed	$900 per each tree removed
4	DBH of 33 inches or greater	Replant 3 trees with minimum tree calipers of 1.5 inches to 2 inches for each tree removed	$1,200 for each tree removed

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

(3) Replacement alternatives. 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 or Shade Tree Committee.

(b) Pay a fee the in the Tree Replacement Requirement Table, per tree removed. This fee shall be deposited into a municipal fund dedicated to tree planting and continued maintenance of the trees.

(4) New plantings.

(a) Any new tree that is not an invasive species or prohibited by the state, county, or this Borough may be planted by a property owner where they wish on their lot with the following conditions:

[1] The tree shall be outside of the public easement.

[2] The trees must conform with all zoning provisions of the Borough Code, including what is deemed a fence.

(b) In all new developments, renovations, including building lifts, substantial improvements, and the construction of additions which shall have commenced following the effective date of this chapter, trees shall be planted by the developer on each side of a lot fronting a street therein, providing one tree in every fifty-foot section. As an example, a corner lot with two 100-foot frontages on public streets would plant a minimum of four trees. Such trees shall be at least 1.5 inches to two inches in diameter. The tree shall be outside of the public easement and in front of the building.

(c) Such trees shall be as listed in Appendix A,[3] planted while in a dormant state and properly staked, with topsoil sufficient to cover all roots. Said trees shall be in good growing condition at the end of one year or shall be replaced by the developer in accordance with this chapter. The Shade Tree Committee shall assist with the placement and selection of trees in all new developments and shall certify its approval thereof to the Planning Board and the Mayor and Council. The location of such new plantings or replacements shall be such that, wherever possible, conflict or interference with existing overhead or underground utilities or other facilities will be avoided. No new plantings shall be made in the area between sidewalks and curbs, nor shall any such existing plantings be replaced.

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

(5) Inspections.

(a) The applicant, upon completing the planting of the new trees, shall request an inspection from the Zoning Official on the appropriate form provided by the official.

(b) Failure to request an inspection before the twelve-month time limit to replant will result in a requirement to reapply with a full fee amount.

(c) Failure to complete the planting actions without inspection after reapplying for a second permit will result in violations and fines detailed in Subsection F.

(d) After two failed inspections for the same permit an inspection fee of $50 shall be charged for all further inspections requested.

D. Exemptions. All persons shall comply with the tree replacement standard outlined above, except in the cases detailed below. Proper justification shall be provided by the applicant, in writing, via the approved application to the municipality by all persons claiming an exemption.

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

(2) 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;

(3) 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;

(4) 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;

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

(6) Hazard trees may be removed with no fee or replacement requirement if meeting one of the requirements below and approved by the reviewing officer:

(a) Hazard trees to have proper justification by a New Jersey licensed tree expert, arborist, or N.J.S.A. 45:15C-11.

(b) Proof of the hazard tree with color photos and written statement from the owner or contractor demonstrating the trees are in severe decline, diseased, or damaged such that they cannot, or should not, be saved.

E. Enforcement. This section shall be enforced by the Borough Administrator or any authorized employee of the Construction, Code Enforcement, Public Works, Police Department or any person or persons designated by the Mayor and Borough Council for that purpose, during the course of ordinary enforcement duties.

F. Violations and penalties. The failure to obtain a tree replacement permit, replace a tree or make a payment as required by this section shall be subject to a fine of up to $2,000 per violation, but in no event shall the fine be less than the amount of the required replacement tree(s) and cost of planting.

G. Severability. Each section, subsection, sentence, clause, and phrase of this section is declared to be an independent section, subsection, sentence, clause, and phrase, and finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause or reason shall not affect any other portion of this section.

H. Effective date. This section shall be in full force and effect from and after its adoption and any publication as may be required by law.

§ 371-3 Violations and penalties.

Any person, firm or corporation violating any of the provisions of this chapter shall be subject to a penalty as set forth in Chapter 1, § 1-15, General penalty.