Legal Notice: AN ORDINANCE CREATING CHAPTER 74 OF THE CODE OF THE CITY OF GLOUCESTER CITY, ESTABLISHING REQUIREMENTS FOR TREE REMOVAL AND REPLACEMENT IN THE CITY OF GLOUCESTER CITY TO REDUCE SOIL EROSION AND POLLUTANT RUNOFF, PROMOTE INFILTRATION OF RAINWATER INTO THE SOIL WHEREAS, the New Jersey Department of Environmental Protection (“NJDEP”) revised Tier A of the Municipal Stormwater General Permit; and WHEREAS, the NJDEP also took steps to reclassify all municipalities into the Tier A category; and WHEREAS, the revised permit requires municipalities to adopt and enforce a community-wide ordinance covering tree removal/replacement, conditioned upon the existence of a compliant pre-existing Ordinance; and WHEREAS, to assist municipalities in adopting a complying ordinance, the NJDEP undertook the development of a model tree replacement/removal ordinance, which has been finalized and is now available for dissemination; and WHEREAS, in addition to finalizing the ordinance, the NJDEP has extended the due date for municipalities to adopt a tree removal/replacement ordinance from January 1, 2024 to May 1, 2024. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Gloucester City, County of Camden and State of New Jersey, of the City Code, shall be amended as follows: SECTION 1: There is hereby created Part II, General Legislation Chapter 74 of the Code of the City of Gloucester City entitled, Tree Removal and Replacement, as follows: Chapter 74. Tree Removal and Replacement §74-1. Purpose. An ordinance to establish requirements for tree removal and replacement in the City of Gloucester City to reduce soil erosion and pollutant runoff, promote infiltration of rainwater into the soil, and protect the environment, public health, safety, and welfare. §74-2. Definitions. For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this ordinance 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. A. “Applicant” means any “person”, as defined below, who applies for approval to remove trees regulated under this ordinance. B. “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 6” DBH would have a CRR = 6”x1.5’ = 9’. C. “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. D. “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. 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 LTE. E. “Person” means any individual, resident, corporation, utility, company, partnership, firm, or association. F. “Planting strip” means the part of a street right-of-way between the public right-of- way adjacent to the portion of the street reserved for vehicular traffic the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk. G. “Resident” means an individual who resides on the residential property where a tree(s) regulated by this ordinance is removed or proposed to be removed. H. “Street 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. This also includes trees planted in planting strips within the roadway right-of-way, i.e., islands, medians, pedestrian refuges. I. “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. J. “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. K. “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. §74-3. Regulated Activities. A. Application Process: 1. Any person planning to remove a street tree 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 City. No tree shall be removed until municipal officials have reviewed and approved the removal. 2. For larger scale clearing projects, a tree protection management plan must be submitted at the time of site plan or subdivision application. A tree protection management plan shall contain the following information on a plot plan: a. Location of all existing or proposed buildings, driveways, grading, septic fields, easements, underground utility lines, rights-of-way, and other improvements. b. Location of existing wetland buffers, natural features, including wooded areas, watercourses, wetlands, and floodplains. c. The limits of the tree protection zone. d. Location of all existing live street tree with DBH of 2.5” or more or any non-street tree with DBH of 6”. Each tree shall be noted by its species, size and general health condition. Whenever possible, the actual canopy spread shall be shown. e. Each tree, or mass of trees, to be removed or transplanted shall be clearly marked. f. A chart tabulating the diameter inches being removed, and the required compensatory trees. g. Specifications for the removal of existing trees and for the protection of existing trees to be preserved, including detail(s) of tree protection fencing, as required. h. Location of compensatory proposed trees. Applicants will be subject to an application fee as per the Table below. 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 Section IV, shall be subject to the requirements of the Tree 2. Any person, other than a resident, who removes one or more tree(s) with a DBH of 6” or more per acre, unless exempt under Section IV, shall be subject to the requirements of the Tree Replacement Requirements Table. Replacement Requirements Table below. The species type and diversity of replacement trees shall be in accordance with Appendix A. 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 twelve (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 (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: 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 $100.00 2 DBH of 13” to 22.99” Replant 2 trees with minimum tree calipers of 1.5” for each tree removed $100.00 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 $100.00 C. Replacement Alternatives: 1. If the municipality 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 municipality. b. Pay a fee according to the schedule below. This fee shall be placed into a fund dedicated to tree planting and continued maintenance of the trees. Tree Replacement Fees Table: Category Tree Removed (DBH) Replacement Tree Value (See Sub-Section C(1)(b)) 1 DBH of 2.5” (for street trees) or 6” (for non-street trees) to 12.99” $350 2 DBH of 13” to 22.99” $700 3 DBH of 23” to 32.99” $1,050 4 DBH of 33” or greater $1,400 §74-3. 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 municipality by all persons claiming an exemption. Proper justification shall consist of submissions such as photos and/or statements from NJ licensed tree expert as per NJ Statue 45:15C-11 or arborist.: A. Residents who remove less than four (4) 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 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. §74-4. Enforcement. This ordinance shall be enforced by the Police Department and/or other Municipal Officials of City during the course of ordinary enforcement duties. §74-5. Violations and Penalties. Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to a fine of $350.00 per replacement tree required per this section. SECTION 2: All Ordinances or parts of Ordinances inconsistent with this Ordinance are hereby repealed to the extent of such inconsistency. SECTION 3: If the provisions of any section, subsection, paragraph, subdivision, or clause of this Ordinance shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision, or clause of this Ordinance. SECTION 4: This Ordinance shall take effect immediately upon final passage and publication in accordance with law. PUBLIC MEETING NOTICE is hereby given that the foregoing ORDINANCE was introduced and passed at a meeting of the Common Council of the City of Gloucester City, County of Camden, New Jersey, held on the 22nd day of April, 2024 and will be considered for final passage after a public hearing at a meeting of the Common Council of the City of Gloucester City to be held on May 30, 2024, 313 Monmouth Street, Gloucester City, New Jersey. Copies of the full ordinance as introduced are available without cost to any member of the general public during regular business hours from the Office of the City Clerk, 512 Monmouth Street, Gloucester City, New Jersey 08030, phone number being (856) 456-0205. Vanessa L. Little, City Clerk Dated:5/1/24 Prt's Fee:$208.80 Affidavit Fee:$5.00