TOWNSHIP OF NORTH HANOVER

COUNTY OF BURLINGTON

ORDINANCE NO. 2024-10

AN ORDINANCE OF THE TOWNSHIP OF NORTH HANOVER, BURLINGTON COUNTY, STATE OF NEW JERSEY AMENDING THE TOWNSHIP’S MUNICIPAL CODE FOR THE PURPOSES OF ESTABLISHING REQUIREMENTS FOR TREE REMOVAL AND REPLACEMENT WITHIN THE TOWNSHIP OF NORTH HANOVER

SECTION 1. Purpose

To establish requirements for tree removal and replacement in the North Hanover Township, Burlington County, to reduce soil erosion and pollutant runoff, to promote infiltration of rainwater into the soil, and to protect the environment, public health, safety, and welfare.

SECTION 2. 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" mean 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 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.’ For example: a tree with a 6” DBH would have a CRR = 6” x 1.5’ = 9’.

“Development Application” means an application to the Joint Land Use Board (JLUB) for the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which approval may be required by the Municipal Land Use Law; however, it shall not include an application for a Zoning Permit that does not require subsequent JLUB approval.

“Diameter at Breast Height (DBH) ” means the diameter of the trunk of a mature tree generally measured at a point four and one-half (4.5) feet above ground level from the uphill side of the tree.

“Government Agency” means any municipal, county, or state government jurisdiction and instrumentality thereof, including local and regional boards of education and authorities.

“Hazard Tree” means a tree or limbs thereof that meet one or more of the criteria below as determined by the Township Zoning Officer and/or Township Engineer, as applicable. Trees that do not meet any of the criteria below and are proposed to be removed as part of a development application 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 a NJ licensed tree expert (LTE).

“Licensed Tree Care Operator (LTCO) and Licensed Tree Expert (LTE)” means professional certifications issued by the New Jersey Board of Trees Experts as delineated in the Tree Expert and Tree Care Operator Licensing Act of 2010. All tree care companies doing business in that State of New Jersey are required to have at least one licensed LTCO or LTE on staff.

“Person” means any individual, resident, corporation, company, partnership, firm, or association, except government agencies.

“Regulated Tree” means a street tree with DBH of 2.5” or greater or any non-street tree with DBH of 6” or greater.

“Replacement Tree” means either a:

1. Permitted street tree with a minimum tree caliper of 2.5” to be planted in the public-right-of-way;

2. Permitted street tree with a minimum tree caliper of 1.5” to be planted outside public right-of-way; or

3. Permitted evergreen tree with a minimum height of six (6) feet to be planted outside public right-of-way.

“Resident” means an 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 public right-of-way.

“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 (6) inches from the soil line. For young trees whose caliper exceeds four (4) inches, the measurement is taken twelve (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 Application” means an application to the Township to remove a regulated tree when not part of a Development Application nor for a Zoning Permit that requires subsequent JLUB approval.

SECTION 3. Regulated Activities

A. Tree Removal

1. Unless tree removal is part of a development application, no person shall remove a regulated tree until the Township Engineer has reviewed and approved a tree removal application.

a. Any person planning to remove a regulated tree shall submit a tree removal application shall be submitted to the Township Engineer.

1. The Township Engineer shall forward a copy of the application to the New Jersey Department of Transportation (NJDOT) for its review and approval when a street tree is within NJDOT’s jurisdiction, e.g., within the public rights-of-way of US Routes 130 and 206, NJ Route 68, and Interstate 295.

2. The Township Engineer shall forward a copy of the application to the Burlington County Engineer’s Office for its review and approval when a street tree is within Burlington County’s jurisdiction.

2. When tree removal is part of a development application, no person shall remove a regulated tree until the Township’s Joint Land Use Board has reviewed and approved that application.

3. No utility shall remove a regulated tree until an application to do so has been removed and approved in the manner prescribed by the New Jersey Bureau of Public Utilities (NJBPU).

4. No government agency shall remove a regulated tree until an application to do so has been removed and approved in the manner prescribed by that government agency.

5. Unless determined a hazard tree, the Township Engineer shall not authorize the removal of regulated trees in any freshwater wetlands or freshwater wetlands transition area, or along a regulated water way or riparian zone until all required approvals have been issued by the Department of Environmental Protection (NJDEP) Division of Land Use Regulation.

6. This municipal regulation does not apply to trees on properties owned by the U.S. Department of Defense and other Federal agencies nor to municipal, county, or state public rights-of-way on those properties.

B. Exemptions

1. All persons shall comply with the above, except in the cases detailed below:

1. Residents who remove less than four (4) trees per acre in categories 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.] Such trees may be removed with no application fee or replacement requirements.

2. Tree farms in active operation, nurseries, fruit orchards, and garden centers. Any tree growing on property actually being used as a tree farm, nursery, garden center, Christmas tree plantation, or orchard.

3. Properties used for the practice of agriculture or silviculture under an approved forest stewardship or woodland management plan that is active and on file with North Hanover Township.

4. Dead or diseased trees; agricultural advancement purposes. Any dead or diseased tree that is likely to endanger the occupant, the public, or an adjoining property owner, or any tree cut for use as firewood, posts, rails, or building materials, provided it is for the personal use of the owner or occupant of the land on which the tree was located before cutting and for use on that land and not for resale or commercial purpose. Any tree growing on property actively operated under farmland assessment which is removed for reasons that advance agricultural purposes for that farm.

5. Clearing, cutting, and/or removal of trees which is necessary to service, maintain, or ensure the continued safe use of a lawfully existing structure, right-of-way, field, park, and/or garden.

6. 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.

7. Any trees removed pursuant to a New Jersey Department of Environmental Protection (NJDEP) or U.S. Environmental Protection Agency (EPA) approved environmental clean-up, including those by an NJDEP Licensed Site Remediation Professional (LSRP), or NJDEP approved habitat enhancement plan.

8. Approved game management practices, as recommended by the State of New Jersey Department of Environmental Protection, Division of Fish, Game and Wildlife.

9. Hazard trees may be removed with no application fee or replacement requirement.

2. All persons requesting an exemption as described above shall file the following with the Township Engineer upon receipt to justify such exemption or with the Joint Land Use Board when part of a development application:

a. Documentation from a LTCO or LTE regarding the health of proposed hazard trees.

b. Documentation from the Township Tax Assessor of a property as a:

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

2) Properties used for the practice of agriculture or silviculture under an approved forest stewardship or woodland management plan that is active and on file with North Hanover Township.

3. Documentation from a government agency of tree removal approval as part of a public agency decommissioning plan. This exemption only includes trees planted as part of the construction and predetermined to be removed in the decommissioning plan are exempted from Township Engineer approval.

3. Documentation from NJDEP or U.S. Environmental Protection Agency (EPA) of tree removal as part of an approved environmental clean-up, including those by an NJDEP Licensed Site Remediation Professional (LSRP), or NJDEP approved habitat enhancement plan;

3. Documentation from NJDEP Division of Fish, Game and Wildlife of tree removal approval as part of an approved game management practice.

C. Tree Removal Application

1. Any person wishing to obtain approval to remove a regulated tree under the provisions of this section, shall make an application to the Township Engineer or the Joint Land Use Board, if required, by filing a written application and paying such fee as established herein.

2. The application shall include, if applicable:

a. A project summary of the proposed tree removal and tree replacement program, if required.

b. Photographs documenting the condition of proposed trees to be removed.

c. Documentation from a LTCO or LTE regarding the health of proposed hazard trees.

4. A Tree Removal / Replacement Plan with the following information:

1) Copy of Property Survey showing the property’s tax parcel block and lot numbers, outbound dimensions, existing and proposed structures, existing natural features, and the surveyor’s contact information, upon which the following information shall be provided:

a) The name, mailing address, email address, and telephone number of the owner of the subject property or the owner's duly authorized agent.

b) The name, address, and state license identification number of the NJ licensed tree contractor who will be performing the tree removal work. All tree contractors must comply with the NJ Tree Care Licensing Act, N.J.S.A. 45:15C-11 et seq., and the contractor must carry a current/valid LTCO or LTE license from the State of New Jersey. Unless the tree removal is being performed by the landowner, the tree removal must be performed by an LTCO or LTE.

c) The total number, location, species, and DBH of each regulated tree proposed to be removed. The tree(s) proposed to be removed shall be clearly marked on the subject property for review by the respective Engineer. Where protective barriers are necessary to prevent damage to a tree that is not to be removed, such barriers shall be erected before work starts.

d) The total number and approximate location of all regulated trees removed from the property in the preceding five (5) years, if known.

e) The location of any deed restricted areas, scenic buffers, and/or HOA restricted areas on the property.

f) The location of any proposed grade changes to the property associated with the tree removal.

g) The proposed tree replacement program, if required.

h) A tree survey will be required on all tracts of 50 acres or more for which tree removal approval is requested.

i) Name, mailing address, email address, telephone number, and signature of the person preparing the plan.

D. Guidelines for the preparation of required tree removal plans

1. Streetscape trees. All trees between the frontage street and the principal building on a lot should be preserved to the maximum extent possible.

2. Trees which visually screen. All trees which visually screen large tracts of vacant land or large structures should be preserved to the maximum extent possible.

3. Trees on steep slopes. No tree on a steep slope should be removed if the Township Engineer factually concludes that the removal of the tree will cause increased surface water runoff onto an adjacent property, will cause increased soil erosion and/or silting, will cause significantly increased dust in the air, and/or will cause a decrease in the fertility of the soil.

4. Solar installations. No trees should be removed or "topped" to expose ground-mounted or roof-mounted solar panels unless expressly permitted as a part of the zoning permit application process.

5. Trees within buffers. No tree should be removed that is located within a buffer that was created as a condition of approval of a development approved by the Joint Land Use Board, or within recorded Homeowners' Association, without approval of the Board or body that imposed the buffer.

E. Tree Replacement Requirements

1. Any person, utility, or government agency who removes one or more street tree(s) with a DBH of 2.5” or greater, unless exempted above, shall be subject to the requirements of the Tree Replacement Requirements Table below.

2. Any person, other than a resident, who removes one or more tree(s) with a DBH of 6” or greater per acre, unless exempted above, shall be subject to the requirements of the Tree Replacement Requirements Table.

3. Street trees shall be replaced with permitted street trees. The species type and diversity of all replacement trees shall be in accordance with Appendix A.

4. Replacement tree(s) shall:

1. Be replaced in kind with a tree of the same species 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 twelve (12) months of the date of removal of the original tree(s) or at an alternative date specified by the Township;

3. Be monitored by the applicant for a period of two (2) years to ensure their survival and shall be replaced as needed within twelve (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:

*NOTES: Following completion of replanting and inspection by Township, 75% of remaining escrow will be returned to applicant if replanting is deemed satisfactory. Remaining balance of escrow (25%) shall remain posted with Township following the initial inspection for two-year period to guarantee tree viability. After two-year period has elapsed, applicant shall contact the Township for final inspection and to obtain release of the balance of escrow.

F. Replacement Alternatives

1. If the Township Engineer 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 Township.

b. Pay a fee of $400 per tree removed. This fee shall be placed into a fund dedicated to tree planting and continued maintenance of the trees.

G. Time of Approval

1. Any and all tree removal and replacement approvals issued by the Township Engineer as required by this section chapter, shall be voided if commencement of work so permitted is not started within a reasonable time, not to exceed six (6) months. In no case will the approval permit be valid for more than twelve (12) months. Permits not used within this period will be voided, be voided and all future work will require a new application. For the purposes of this section, a permit shall no longer be valid when the work authorized by the permit is completed.

2. Any and all tree removal and replacement approvals issued by the Township Joint Land Use Board as required by this ordinance, shall be completed in accordance with the Board’s development application approval.

SECTION 4. Enforcement

This ordinance shall be enforced by the Township Police Department and/or Zoning Officer of the Township of North Hanover, County of Burlington.

SECTION 5. Violations and Penalties

Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine of $600 per tree to cover the amount of the required replacement tree(s) and cost(s) of planting.

SECTION 6. Severability

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