[HISTORY: Adopted by the Town Council of the Town of Phillipsburg 3-26-2025 by Ord. No. O:2025-04.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 591, Trees; Shade Tree Commission, adopted 4-4-1995 by Ord. No. O:95-08 (Ch. 54A of the 1969 Code), as amended.
A. 
The regulation, planning, acreage and control of shade and ornamental trees and shrubbery upon and in streets, highways, public places, parks and parkways of the Town, other than county parks and parkways, shall be managed by and under the control and the authority of a commission which shall be known as the "Shade Tree Commission of the Town of Phillipsburg" in accordance with the provisions of the enabling statutes of Title 40 of the Revised Statutes of the Laws of the State of New Jersey.
B. 
Nothing herein shall diminish or limit in any way the property owner's obligation and sole responsibility to maintain the sidewalks, grass strip and/or other public right-of-way which fronts his or her property.
The Commission shall select one of its members as Chairman annually, and the Commission shall appoint a Secretary.
A. 
The term of office of each member of the Shade Tree Commission shall commence upon the day of appointment, and, in the case of the original Commission, the five members shall be appointed for one-, two-, three- four- and five-year appointments, respectively. Said terms on the original appointment shall be from the day of appointment until December 31 of the next calendar year. The names of the appointees and the designation of their specific terms must be set forth in the appointment by the Mayor.
B. 
All subsequent appointments after the original appointments, except to fill vacancies, shall be for full terms of five years each to take effect on January 1.
C. 
Any vacancy occurring by reason of death, resignation or removal of any Commissioner shall be filled for the unexpired term by the Mayor of the Town.
Said Commission shall possess and be vested under the law with the following powers:
A. 
To exercise full and exclusive control over the regulation, planting and care of shade and ornamental trees and shrubbery now located or which may hereafter be planted in any public highway, park or parkway, except such as are excluded pursuant to N.J.S.A. 40:64-1, including the planting, trimming, spraying, care and protection thereof.
B. 
To regulate and control the use of the ground surrounding the same, so far as may be necessary for their proper growth, care and protection.
C. 
To move or require the removal of any tree or part thereof dangerous to public safety.
D. 
To recommend to the Town Council the creation of, amendments to or repeal of ordinances adopted by the Town Council necessary or proper for carrying out the provisions hereof.
E. 
To study and recommend methods of funding, outside of municipal taxation, by grants and aid, both state and federal.
F. 
To develop a program of tree planting and overall beautification in areas along the public right-of-way and to prepare a survey of existing trees within the public right-of-way and upon public property and to develop a master plan for the care and control of existing shade trees and ornamental trees and the planting of new trees throughout the Town. Said survey and master plan shall be submitted to the Town Council for review and approval.
G. 
To provide a procedure for removing or trimming existing trees where necessary because the tree is either dead, diseased or injured by storm or similar consequences.
A. 
No statute giving any person or state, county or municipal board, body or official the power or authority to lay any sidewalk along or to open, construct, curb or pave any street or to do any similar act shall be construed to permit or authorize any interference with or injury to a highway shade tree without the consent of the Shade Tree Commission within whose jurisdiction such tree shall be located. In all cases, such Commission shall reasonably cooperate with such person, board, body or official for the general public good.
B. 
Nothing contained in this chapter shall be held to take away or diminish any of the powers or authority of any County Park Commission over the trees or shrubbery in any county park or parkway within its jurisdiction or to give any other Commission or Board any power or authority with respect to such trees or shrubbery.
The official curbside tree species for the Town of Phillipsburg may be located in the publication known as "Trees for New Jersey Streets" published by the New Jersey Shade Tree Federation in conjunction with Cook College. No species other than those included in the publication may be planted as curbside trees without permission of the Shade Tree Commission. (For purposes of this chapter, "curbside" shall mean the area inside the face of the curb and the outside edge of the pedestrian walkway or the property line if no walkway exists.) No trees shall be planted without correspondence with the Shade Tree Commission.
A. 
The Town shall have the right, after notification to abutting property owners, to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
B. 
The Shade Tree Commission may remove or cause or order to be removed any tree or part thereof which is in any unsafe condition or which by reason of its nature is injurious to sewer lines, gas lines, waterlines or other public improvements or is affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners, provided that the selection and location of said trees is in accordance with § 591-8 of this chapter.
C. 
Nothing herein shall diminish or limit in any way the property owner's obligation and sole responsibility to maintain the sidewalks, grass strip and/or other public right-of-way which fronts his or her property.
D. 
The Town may, in its discretion and on a case-by-case basis, utilize grants to provide assistance to property owners in complying with the requirements of this chapter.
E. 
The cost of the removal of any tree or part thereof dangerous to public safety shall, if the Commission shall so determine, in accordance with uniform rules and regulations promulgated for this purpose, be a charge upon the real estate in front of which such tree or trees shall be removed as an improvement thereof. Such costs, if it is so determined that they are to be paid by the owner, shall, unless paid directly to the Commission, be certified by it to the collector of taxes of the municipality, shall thereupon become and be a lien upon the said real estate, shall be included in the next tax bill rendered to the owner or owners thereof, and shall be collected in the same manner as other taxes against that property.
F. 
The Commission shall give reasonable notice of its intention to remove, or cause removal of, a tree, or part of a tree, dangerous to public safety, unless public safety requires immediate removal, in which case no notice shall be necessary.
It shall be unlawful as a normal practice for any person or firm to top any street tree, park tree or other tree on public property. "Topping" is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this chapter at the determination of the Shade Tree Commission.
All stumps of street trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
Any person wishing to remove a tree must obtain approval and a permit from the Shade Tree Commission. All debris must be removed and cleaned up by persons removing or trimming the tree.
It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating or removing street trees within the Town without first applying for and procuring a license. The license fee shall be $25 annually in advance; provided, however, that no license shall be required of any public service company or Town department doing such work in pursuit of their public service endeavors or private property owner performing work on his property or tree limbs that cross his property. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $50,000 for bodily injury and $100,000 property damage indemnifying the Town or any person injured or damaged resulting from the pursuit of such endeavors as herein described.
A. 
The Commission may prescribe a fine for the violation of each of its ordinances in an amount not to exceed $200 for each violation, and the courts which now or hereafter shall have jurisdiction over actions for the violation of ordinances of the municipality in which the Commission has been or shall be appointed shall have jurisdiction in actions for the violation of such ordinances as the Commission shall enact.
B. 
The ordinances shall be enforced by like proceedings and process, and the practice for the enforcement thereof shall be the same as that provided by law for the enforcement of the ordinances of the municipality in which the Commission exists.
C. 
The officers authorized by law to serve and execute process in the aforementioned courts shall be the officers to serve and execute any process issued out of any court under this chapter.
D. 
A copy of any ordinance of the Commission certified to under the hand of its Secretary or Chairman shall be received in any court of this state as full and legal proof of the existence of the ordinance and that all requirements of law in relation to the ordaining, publishing and making of the same, so as to make it legal and binding, have been complied with, unless the contrary is shown.
All moneys collected in any municipality, either as fines or penalties, for any violation of a rule or regulation of a Shade Tree Commission or as a charge against real estate under any provision of this chapter shall be forthwith paid over to the municipal officer empowered to be the custodian of the funds of the municipality.
Nothing contained in this chapter shall be construed to make any Shade Tree Commission or any member thereof responsible for the death or injury of any person or for any injury to any property or highway tree or shrub.
The Shade Tree Commission is hereby authorized and empowered to promulgate such written rules and regulations as may be necessary, pursuant to statute, for the proper interpretation, administration and enforcement of this basic chapter, provided that such rules and regulations do not conflict with this chapter and conform to the general standards prescribed by this chapter. All rules and regulations promulgated by Shade Tree Commission shall be submitted to the Town Council for review.
To establish requirements for tree removal and replacement in the Town of Phillipsburg to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare.
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 the requirement is always mandatory and not merely directory.
APPLICANT
Any "person," as defined below, who applies for approval to remove trees regulated under this article.
CRITICAL ROOT RADIUS (CRR)
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)
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.
HAZARD TREE
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. A licensed tree expert meeting NJ requirements for such expertise will be required to make determination for private sites for review/acceptance by Town.
A. 
Has an infectious disease or insect infestation;
B. 
Is dead or dying;
C. 
Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective;
D. 
Is causing obvious damage to structures (such as building foundations, sidewalks, etc.); or
E. 
Is determined to be a threat to public health, safety, and/or welfare by a certified arborist or licensed tree expert (LTE).
PERSON
Any individual, resident, corporation, utility, company, partnership, firm, or association.
PLANTING STRIP
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
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.
STREET TREE
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
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
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
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. 
Tree replacement requirements.
(1) 
Any person who removes one or more street tree(s) with a DBH of 2.5" or more, unless exempt under § 591-4, 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 6" or more per acre, unless otherwise detailed under § 591-24, shall be subject to the requirements of the Tree Replacement Requirements Table.
B. 
The species type and diversity of replacement trees shall be in accordance with trees permitted by State of New Jersey and/or recognized by the State of New Jersey as an official agency or authority or commission or University or Federal Agency responsible for establishing and maintaining database and standards for planting of trees and types of trees to be plant in New Jersey.
C. 
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
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
2
DBH of 13" to 22.99"
Replant 2 trees with minimum tree calipers of 1.5" for each tree removed
3
DBH of 23" to 32.99"
Replant 3 trees with minimum tree calipers of 1.5" for each tree removed
4
DBH of 33" or greater
Replant 4 trees with minimum tree calipers of 1.5" for each tree removed
D. 
Replacement alternatives:
(1) 
If the Town of Phillipsburg 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 Town of Phillipsburg.
(b) 
Pay a fee of $3,500 per tree removed per equivalent replacement tree needed. This fee shall be placed into a fund dedicated to tree planting and continued maintenance of the trees.
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 and shall include photos or statements from NJ licensed tree expert as per N.J.S.A. 45:15C-11 or arborist.:
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 1 are removed in July 2023, the 'count' resets to zero in July 2028. However, if one 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 fee or replacement requirement.
This article shall be enforced by the Police Department, Department of Municipal Services, Construction Official, Housing Inspectors and Zoning Officer.
Any person who shall violate any of the provisions or regulations of this article shall, for each and every violation, be punished as provided in Chapter 1, General Provisions, Article II, General Penalty, and each day during which any violation continues shall constitute a separate offense.