This chapter establishes requirements for tree removal and replacement in the Village of Ridgefield Park to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare.
[HISTORY: Adopted by the Board of Commissioners of the Village of Ridgefield Park 9-9-2025 by Ord. No. 2025-12. 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" means the requirement is always mandatory and not merely directory.
Means any "person", as defined below, who applies for approval to remove trees regulated under this chapter.
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'.
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. However, if the trunk divides at less than three feet, then the DBH shall be based upon the average of the two or more trunks.
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 a significant 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, etc.); or
Is determined to be a threat to public health, safety, and/or welfare by a certified arborist or Licensed Tree Expert (LTE).
Means any individual, resident, corporation, utility, company, partnership, firm, or association.
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.
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.
Means a written and/or verbal order which stops, prohibits and/or prevents a person from removing, trimming, pruning, and/or damaging a tree.
Means a tree planted in the sidewalk, planting strip, and/or in the public right-of-way adjacent to the portion of the street reserved for vehicular traffic and/or within five feet from the public right-of-way. This also includes trees planted in planting strips within the roadway right-of-way, i.e., islands, medians, pedestrian refuges.
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.
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.
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, provided that same does not damage the tree.
A.
Application process:
(1)
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 Application to the Tree Enforcement Officer. No tree shall be removed until Tree Enforcement Officer has reviewed and approved the removal.
(2)
Any person who wishes to remove four or more trees from a property, shall include in the Application, a tree survey of the subject property which includes the number, locations, sizes, species etc. of the trees proposed to be removed.
(3)
Application fee. The applicant shall pay a fee of $50 concerning the proposed removal of a tree; and an additional $25 for each additional tree proposed to be removed at the same time.
(4)
Any decision of the Tree Enforcement Officer may be appealed to the Shade Tree Commission provided and on condition that said appeal is filed, in writing, within 10 days from the date of decision of the Tree Enforcement Officer; same to be filed with the Secretary of the Shade Tree Commission.
The Shade Tree Commission may, separate from any appeal, review any decision of the Tree Enforcement Officer, and may reverse or modify said decision.
B.
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 § 329-4, 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 § 329-4, shall be subject to the requirements of the Tree Replacement Requirements Table.
(b)
Replacement tree(s) shall:
[1]
Be replaced in kind with a tree that has an equal or greater DBH than the 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 Village;
[3]
Be monitored by the applicant for a period of two years thereafter to ensure the tree(s)' 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 | $50.00 |
2 | DBH of 13" to 22.99" | Replant 2 trees with minimum tree calipers of 1.5" for each tree removed | $75.00 |
3 | DBH of 23" to 32.99" | Replant 3 trees with minimum tree calipers of 1.5" for each tree removed | $100.00 |
4 | DBH of 33" or greater | Replant 4 trees with minimum tree calipers of 1.5" for each tree removed | $125.00 |
C.
Replacement alternatives:
(1)
If the Village 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 Village.
(b)
Pay a fee of $450 per tree removed. This fee shall be placed into a fund dedicated to tree planting and continued maintenance of the trees. Said fund shall NOT include the annual budget line items for the Shade Tree Commission.
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 Village by all persons claiming an exemption:
A.
Tree farms in active operation, nurseries, fruit orchards, and garden centers;
B.
Properties used for the practice of silviculture under an approved forest stewardship or woodland management plan that is active and on file with the Village;
C.
Any trees removed as part of a Village or state decommissioning plan. This exemption only includes trees planted as part of the construction and predetermined to be removed in the decommissioning plan.
D.
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;
E.
Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife;
F.
Hazard trees may be removed with no fee or replacement requirement if approved in advance by the Tree Enforcement Officer.
This chapter shall be enforced as follows:
A.
This chapter shall be enforced by the Tree Enforcement Officer.
B.
A Stop Order against any person removing and/or attempting to remove a tree may be issued by any officer of the Police Department and/or a member of the Shade Tree Commission.
C.
A Stop Order against any person removing and/or attempting/proposing to remove a tree shall be issued by the Police Department upon request from a member of the Shade Tree Commission, Village Building Dept. Official or other Code Enforcement Officer, the Mayor or any other member of the Village Board of Commissioners.
D.
The issuance of Stop Orders shall be referred to the Tree Enforcement Officer for appropriate action and resolution.
Any person(s) who is found to be in violation of the provisions of this chapter shall be subject to a fine of a minimum of $250 and a maximum of $1,000. In addition, the Court shall require the person who violates this chapter to pay to the Village an amount equal to the cost of planting replacement tree(s) and/or paying into the tree fund referenced above in accordance with § 329-3B and C.
Each section, subsection, sentence, clause, and phrase of this chapter is declared to be an independent section, subsection, sentence, clause, and phrase, and finding or holding of any such portion of this chapter to be unconstitutional, void, or ineffective for any cause or reason shall not affect any other portion of this chapter.