A chapter to establish requirements for tree removal and replacement in Logan Township to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare. 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 these undervalued assets are considered for their contribution to stormwater management efforts and ensure trees removed are replaced with the appropriate number of trees based on the sizes removed.
[HISTORY: Adopted by the Township Council of the Township of Logan 2-4-2025 by Ord. No. 4-2025. 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" mean the requirement is always mandatory and not merely directory.
Any plan for lot development which has been reviewed and approved by the Township or its assigned agents, the Planning Board or Zoning Board with jurisdiction over the project, or other governmental entity with the responsibility to review and approve the design plan.
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" DBH would have a CRR = 6"x1.5' = 9'.
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.
That portion of a lot covered by existing or proposed buildings, structures or improvements and within a certain distance around same as noted below:
House or building: 15 feet (around all sides).
Detached garage: eight feet.
Pool: 12 feet.
Driveway/sidewalk: five feet.
Septic fields: 10 feet.
Underground utility: five feet.
Paved parking/drive aisle: five feet.
Shed: five feet.
Patio/deck: eight feet.
Improvement (other): five feet; excludes storm water management basins.
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 ordinance is removed or proposed to be removed.
Any tree with a diameter of 18 inches and greater, regardless of genus and species.
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.
A fund established by the governing body for the administration and promotion of tree and shrubbery resource sustainability projects and practices, which may be consistent with the Community Stewardship Incentive Program as outlined within the New Jersey Shade Tree and Community Forestry Assistance Act, P.L. 1996, Chapter 135, as it is intended to sustain the overall biomass of the Township.
A specific plan that contains tree locations and other information in accordance with the details indicated herein.
That portion of a lot outside of the disturbance zone.
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.
The permit issued by the Township, or his or her designee, to remove or destroy a tree or trees.
A.
Tree protection. The purpose of this chapter is to establish protective regulations for trees within the Township of Logan in order to control problems such as flooding, air and noise pollution; and to promote quality development in the Township. Trees are declared to be important cultural, ecological, scenic and economic resources. Proper management of this resource will ensure its maintenance and result in greater ecological and economic returns to the Township. A comprehensive tree protection/compensatory planting program is intended to meet the objectives of preserving, protecting, enhancing and maintaining trees and providing opportunities for continued uses of forest resources which are compatible with the maintenance of the environment. The intent of this section is to encourage the protection of the greatest number of trees and of large specimen trees throughout the Township. To that end, it shall be unlawful to cut down, damage, poison or in any other manner destroy or cause to be destroyed any trees within the Township, except in accordance with the provisions of this chapter.
B.
Applicability. The requirements of this section of the chapter are applicable for any person planning to remove a street tree, as defined as Tree removal, with DBH of 2.5" or more or any non- street tree with DBH of 6" or more on their property shall submit a Tree Removal Permit Application to the Township Zoning Officer. No tree shall be removed until municipal officials have reviewed and approved the removal. For removal applications of more than five trees, a tree survey shall be submitted as part of the application to determine number, sizes, and exemptions of trees for the assessment of fees. Trees which have been designated as specimen under the provisions of this chapter shall be maintained in a living condition, and it shall be unlawful for any person or entity to remove such a tree without an approved tree removal permit.
C.
Compensatory planting. Tree replacement shall comply with the following criteria:
(1)
Any person or entity who removes one or more street tree(s) with a DBH of 2.5" or more shall be subject to the requirements of the Tree Replacement Requirements Table below.
(2)
Any person or entity, who removes one or more tree(s), as defined as Tree removal, with a DBH of 6" or more per acre 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 the attached Replacement Tree Schedule and in all cases shall exclude the following invasive plants:
Appendix A | |
|---|---|
• | Japanese sedge |
• | Bamboo |
• | Norway Maple |
• | Sycamore Maple |
• | Tree of Heaven |
• | Kousa Dogwood |
• | Winged Burning Bush |
• | Japanese Barberry |
• | Callery/Bradford Pear |
• | Butterfly Bush |
• | Linden Viburnum |
(a)
The applicant shall prepare a replanting scheme on other treeless areas of the property to compensate the clearing of the tree area to be removed. Replacement tree(s) shall:
[1]
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;
[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
[4]
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) | Application Fee |
1 | DBH of 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" for each tree removed | $25 |
2 | DBH of 13" to 22.99" | Replant 2 trees with minimum tree calipers of 1.5" for each tree removed | $50 |
3 | DBH of 23" to 32.99" | Replant 3 trees with minimum tree calipers of 1.5" for each tree removed | $75 |
4 | DBH of 33" or greater | Replant 4 trees with minimum tree calipers of 1.5" for each tree removed | $100 |
(b)
Tree area replacement/reforestation: For each square foot of tree area to be removed, the applicant shall prepare a reforestation scheme on other treeless open space areas of the property to compensate the clearing of the tree area. The tree protection management plan shall be based on a 20-foot by 20-foot grid. A mixture of trees indigenous to the area and site shall be utilized. Proposed trees shall be planted in natural grass and may be spaced from five feet up to 20 feet on center, depending on the species of trees planted.
(c)
Tree replacement alternatives. If the Township 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 Township.
[2]
Pay a contribution per tree removed. This contribution shall be placed into the tree escrow fund maintained by the Township, dedicated to tree planting and continued maintenance of the trees.
[a]
The replacement value of all trees to be removed where replacement trees are required by this subsection shall be calculated as follows:
Tree to be Removed/Size DBH (inches) | Replacement Tree Value |
|---|---|
Greater than 6, up to 12 | $400 |
Greater than 12, up to 18 | $800 |
Greater than 18, up to 24 | $1,000 |
Greater than 24 | $1,800 |
(d)
Locations of compensatory trees must be clearly labeled on the tree protection management plan. They may be placed at any appropriate location on the site, but are in addition to other trees required by ordinance such as street trees.
D.
Approval of tree removal and/or tree management plan. Each person or entity to whom this section applies must obtain approval of the plan by the Township prior to the removal of any trees pursuant to this section. The Township will conduct a site inspection and review and decide upon a tree removal and/or tree protection management plan within seven business days following the written request for same. At that time the Township will issue a notification to the applicant regarding application completeness, denial or approval of the tree removal and/or tree protection management plan.
E.
Permit and review fees. Any person or entity wishing to obtain a tree removal permit shall make application for review and approval by the Township. The following fees shall apply to applications for removal of trees. With respect to subdivisions, "lot" means each lot that results or will result from the subdivision.
(1)
Permit, review and inspection fees for individual or multiple lot tree removal and/or tree protection management plans. Any person who seeks approvals provided in this section must pay the following fees for each approval requested:
(a)
Tree removal permit and/or tree management plan application fee (per lot): $55 plus corresponding tree replacement application fee (as identified in the Tree Replacement Requirements Table). For applications that are subject to a grading plan review as part of a zoning and construction related permit, the following Engineer review fees shall apply, and any tree replacement application fees shall be reduced by the equivalent value of the initial review and initial inspection fees:
[1]
Engineer's initial review fee upon individual or multiple lot tree management plan (per lot): $250.
[2]
Engineer's re-review fee upon submission of each revised individual or multiple lot tree removal and/or replacement plan (per lot): $200.
[3]
Initial site inspection fee: $300 per lot.
[4]
Site reinspection fee: $250 per lot.
(2)
Tree removal and/tree management plan permit applications shall be filed at the construction office and shall be completed in full. The application must be deemed complete and all required fees be paid prior to review. The Township shall have up to seven business days to review the application and verify application completeness. The Township will notify the applicant by that time if there are any discrepancies resulting in an incomplete application.
(3)
Permit approval or denial. The Township shall approve or deny the complete tree removal and/or tree protection management plan permit application within 10 business days after their review of a complete application. The Township shall notify the applicant, in writing, of the approval or of the factual basis and criteria for any denial. The final decision of the Township may be appealed to the Township Council by filing a written notice within 10 days of the final decision. The Township Council shall hold a public hearing and issue its decision within 30 days after the notice of appeal is filed, unless the applicant requests, and the Township Council consents to, an extension of time.
(4)
Inspections. After the applicant confirms all tree removals and compensatory plantings are fully completed, the Township or their designee shall inspect the trees and property which are the subject of the permit application within seven business days.
(5)
Option to pay review and inspection costs based on time and materials; payment from application escrows. Applicants for development who have posted review/inspection escrows with the Township in connection with any application for site plan, subdivision, or other Township approval may elect in writing to have the Township paid for any tree removal and/or tree protection management plan related review.
(6)
Exemption. Any owner, developer and/or applicant who is seeking to remove trees in conjunction with a development project, which proposed development application is pending before the Planning Board of Zoning Board, is exempted from the requirement to obtain a separate tree protection management plan approval and permit as long as the Planning Board of Zoning Board specifically addresses tree protection and compensatory plantings in their respective approvals. All other persons shall comply with the tree replacement standard outlined herein, except in the cases detailed below. Proper justification shall be provided, in writing, to the Township by all persons claiming an exemption. Proper justification shall include evidence such as photos or statements from NJ licensed tree expert as per NJ Statue 45:15C-11 or arborist.:
(a)
A person or entity 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 3 trees from category 1 are removed in July 2023, the 'count' resets to zero in July 2028. However, if 1 tree from category 1 is removed in July 2023 and another in July of 2025 the first tree will come off the count in July 2028 and the second in July 2030.)
(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 tree replacement application fees or replacement tree value requirements. The permit can be filed within 60 calendar days after removal of any hazard tree(s) creating imminent danger. The Township may require the tree replacement application fees and replacement tree values if the applicant does not provide sufficient evidence such as photographs and/or signed statement from a NJ LTE or arborist to verify the trees are hazard trees, and the Township may require a tree management plan application in such instances.
This chapter shall be enforced by the Township's Code Officials and other designated Municipal Officials of Logan Township during the course of ordinary enforcement duties. Any person, developer and/or entity who violates any provision of this chapter shall, be subject to the following:
A.
A fine not exceeding $1,250 per violation;
B.
Shall replace each tree destroyed or removed in violation of this section in accordance with the tree replacement provision set forth in this chapter.
C.
Each tree destroyed or removed in violation of this chapter shall be considered a separate offense; and
D.
All replacement trees shall be of the same species as the tree(s) which were destroyed or removed or destroyed or removed trees may shall be replaced with native species identified on the Tree Replacement Schedule as approved by the Township.