Article VIII: Tree Removal and Replacement

§ 235-47 Definitions.

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

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 of six inches x 1.5 feet or nine feet.

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 4.5 feet 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, or severely damaged;

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 and sidewalks);

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

ISA CERTIFIED ARBORIST

Is any arborist accredited by the ANSI National Accreditation Board for meeting an exceeding ISO 17024 standards for certification bodies and adheres to a Code of Ethics that strengthens credibility and reliability of the workforce.

ISA CERTIFIED ARBORIST TREE SURVEY

Is a survey performed by an ISA Certified Arborist renumerating the value of trees growing on a wooded site based on their size, height, species and environmental benefits.

LICENSED TREE EXPERT (LTE)

Is any individual certified by the New Jersey Board of Tree Experts who is licensed to provide tree care services in the State of New Jersey. Any tree care company operating in the city must have in its employ at least one full-time LTE on staff.

NON-STREET TREE

Is any tree not planted within the first 10' +/- of curb within the designated right-of-way.

PERSON

Means any individual, resident, property owner, corporation, utility, company, partnership, firm, association, political subdivision of this state and any state, interstate or federal agency.

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.

PROPERTY OWNER

Means any individual who owns the residential property or tenant affiliated with the individual who owns the residential property where a tree(s) regulated by this article is removed or proposed to be removed.

STREET TREE

Means a tree planted in the planting strip and/or in the public right-of-way adjacent to the portion of the street reserved for vehicular traffic, between the sidewalk and the curb. This also includes trees planted in planting strips within the roadway right-of-way, islands, medians, and pedestrian refuges or where no curb exists.

TREE

Means a woody perennial plant, typically having a single stem or trunk growing to a considerate height and bearing lateral branches at some distance from the ground.

TREE CALIPER

Means the diameter of the trunk of a 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 OF SIGNIFICANCE

Is any big tree or heritage tree identified by the NJ Division of Parks and Forestry Community Forestry Program as being one of the largest native and naturalized tree species that should be preserved for future generations or have historic value to the State of New Jersey. (See https://www.nj.gov/dep/parksandforests/forest/bigtrees/about.html).

TREE REMOVAL

Means to cut or 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.

URBAN FORESTRY TRUST FUND

Is a fund established by the City of Egg Harbor City Council to support the city's Urban Forestry Tree Program.

§ 235-48 Regulated activities.

Application process.

(1)

Any person requesting the removal of a street tree as defined as tree removal with DBH of 2.5" or more or any non-street tree with DBH of 12" or more on their property shall submit a tree removal application to the Tree Board through the City Code Enforcement Department. No tree shall be removed until the Code Enforcement Department or the city's ISA Certified Arborist has reviewed and approved the removal.

(2)

To accommodate new construction, the city requires an ISA Certified Arborist Tree Survey to be submitted as part of any application process to the city's Land Use Board (LUB) which states the number, size and any exemptions of trees.

(3)

Application fee. Applicants will be subject to an application fee of $25 payable to the Code Enforcement Department which will be deposited into the Urban Forestry Trust Fund.

(4)

An ISA Certified Arborist tree survey review and Urban Forest Tree Board approval is required for any new construction development applications requesting removal of four or more trees. The fee for a survey performed by the city's ISA Certified Arborist is $150, to be deposited in the Urban Forestry Tree Fund.

Tree replacement requirements.

(1)

Any property owner who requests removal of one or more street tree(s) with a DBH of 2.5" or more, must submit a tree removal permit application.

(2)

Any property owner, who requests removal of one or more non-street tree(s) with a DBH of 12" or more, must submit a tree removal permit application.

Street Tree Replacement Table:
Category	Tree Removed (DBH)	Tree Replacement Criteria (See Appendix A¹)
Street trees - responsibility of the City	DBH of 2.5" for street trees	Replant on or off-site 1 tree with a minimum tree caliper of 2.5" for each tree removed, on site or another location
Tree of significance - public street trees only	Established and designated street trees	Replant on or off-site 5 trees with a minimum caliper of 2.5" for each tree removed, on site or in another location.

Replacement alternatives:

(1)

Trees may not be planted in the planting strip or right-of-way without prior approval of the Urban Forestry Tree Board.

(2)

All tree of significance removals must be approved by an ISA Certified Arborist prior to removal.

Appeals. Any person aggrieved by the decision of the City shall have the right within 30 days of the issuance of official notification, to appeal to the Urban Forestry Tree Board, which shall take action as it deems necessary to preserve the City's tree canopy and the health, safety and welfare of the public. Property owner may submit their own tree inspection report performed by an ISA Certified Arborist or LTE. Inspection fees shall be borne by the applicant.

§ 235-49 Urban Forestry Tree Board.

The City Council shall appoint on an annual basis a minimum of 3, maximum of 5, members of the public to the Urban Forestry Tree Board.

To be qualified to serve on the Urban Forestry Tree Board, members must complete the NJ Department of Urban and Community Forestry CORE Training program.

The term of office for members of the Tree Board shall be three years.

The Board shall make recommendations to the City Council regarding procedures governing the City's Urban Forestry Tree Program;

It shall be the responsibility of the Urban Forestry Tree Board to:

(1)

Study, investigate, develop and update annually a written suggestion plan for planting, pruning, care, preservation, replanting, removal and disposition of trees and shrubs along streets and other public areas according to the city's most current NJ Urban Community Forestry Management plan.

(2)

Review and recommend for adoption by the City Council the NJ Urban Community Forestry Management Plan every four years.

(3)

Develop a table of recommended preferable native species of trees. (See Appendix A.[1])

[1]

Editor's Note: The appendices are available in the City offices.

(4)

Develop a table of banned or "do not plant" tree species. (See Appendix B.[2])

[2]

Editor's Note: The appendices are available in the City offices.

(5)

Recommend to City Council the employment of a consulting arborist to serve on an as needed basis.

(6)

Approve requests to erect decorative tree lighting on any street tree. Arrange for an annual street tree lighting inspection and make the recommendation for restringing of lights, if needed.

(7)

Review and recommended to City Council any arboriculture requests for proposals and/or contracts, pertaining to removals, plantings and maintenance of the City's street trees, and construction, development and redevelopment plans.

Any plan, specification table approved by the Urban Forestry Tree Board shall be submitted to City Council for final approval.

Members of the Urban Forestry Tree Board serve as volunteers without compensation.

§ 235-50 Exemptions.

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 Tree Committee Board by all persons claiming an exemption.

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 City.

Any trees removed as part of a municipal or state decommissioning plan or for street construction projects. This exemption only includes trees planted as part of the construction and predetermined to be removed in the decommissioning plan. In the case of a street tree project, efforts will be made to preserve existing street trees but certain trees may be removed by the contractor due to age and condition. New trees will be planted in an area that can accept new street tree at no cost to the property owner. Any such newly planted trees must be maintained for a two-year period from the date of planting.

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.

Hazardous street trees in imminent danger of collapsing or possesses a danger to the health and safety of residents, may be removed with no fee upon certification of the Code Enforcement Department or an ISA Certified Arborist or LTE.

Banned non-street tree species listed in Appendix B,[1] may be removed with no replacement requirement at the cost of the property owner.

[1]

Editor's Note: The appendices are available in the City offices.

§ 235-51 Enforcement.

This article shall be enforced by the Police Department or Code Enforcement Department or any other municipal officials of the City of Egg Harbor during the course of ordinary enforcement duties.

§ 235-52 Violations and penalties.

Any person (s) who is found to be in violation of this article shall be subject to a fine of $1,000 per tree removed for the first event; $1,500 for the second event; and $2,000 for any subsequent event, to be deposited in the Urban Forestry Trust Fund.