Borough of Palmyra Tree Removal and Replacement Requirements

The Borough of Palmyra recently adopted an ordinance regulating the removal and replacement of trees located on private property. Chapter 259 of the Borough of Palmyra’s Code addresses trees. Here is what Palmyra requires to remove a tree:

Tree Removal Application Process

Any person planning to remove a street tree with DBH of 2.5” or more or any private tree with a DBH of 6” or more on their property shall submit a Tree Removal Application and, if necessary, a Tree Removal Plan for review by the Borough Tree Officer.
No tree shall be removed until Borough officials have reviewed and approved the removal.
For clearing projects in excess of one acre, a Tree Removal Plan and site plan applications shall be submitted as part of the application to determine the number, sizes, and exemptions of trees for the assessment of fees.
The Tree Removal Application and accompanying fee shall be submitted to the Borough Tree Officer.

Tree Removal Plan Requirements

The subject property where the tree(s) is/are to be removed shall be identified by street address, tax block and lot number(s) and approximate acreage;
The name, address, and telephone number of the owner of the subject property or the owner’s duly authorized agent;
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 Tree Experts and Tree Care Licensing Act, N.J.S.A. 45:15C-11 et seq., and the contractor must carry a current and valid Licensed Tree Care Operator or Licensed Tree Expert credential from the New Jersey Board of Tree Experts. Unless the tree removal is being performed by the landowner, the tree removal must be performed by a Licensed Tree Care Operator or Licensed Tree Expert;
The tree(s) proposed to be removed shall be clearly marked on the subject property for review by the Borough Tree Officer;
To the extent deemed necessary by the Borough Tree Officer to make an appropriate decision, the following information shall be shown on a map, legal survey or site plan which is drawn to scale and is of a suitable size to depict the required information:
- The total number and the location and size of each tree proposed to be removed;
- The total number and approximate location of any trees removed from the lot in the preceding 12 months, if known;
- The location of the principal building and all accessory buildings on the subject property;
- The location of any driveway on the subject property;
- The location of any deed-restricted areas, scenic buffers, and/or HOA-restricted areas on the subject property.
- In larger wooded areas to be cleared, tree sampling in the form of representative 100’ x 100’ sample areas shall be permitted to determine compensation that may be required for tree removal.

Fees

Each Tree Removal Application shall be accompanied by a fee of $25.00.
Only one fee shall be required with each Tree Removal Application regardless of the number of trees proposed for removal on the Tree Removal Application.

Tree Replacement Requirements

All newly planted trees shall meet the following minimum standards and requirements:
- Removed tree(s) shall:
  - Be replaced with a deciduous tree having a minimum caliper of 1 ½ inches for non-street trees and 2 ½ inches for street trees. On private lots, an evergreen tree having a minimum height of 6 feet may be planted as a replacement. The number of replacement trees shall correspond with the ratio listed in the Tree Replacement Requirements Table below;
  - Be planted within twelve (12) months of the date of removal of the original tree(s) or at an alternative date specified by the Borough;
  - 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;
  - Not be planted in temporary containers or pots, as these do not satisfy the tree replacement requirements;

Tree Replacement Requirements Table

Category	Tree Removed (Diameter Breast Height (DBH))	Tree Replacement Criteria	Fee in lieu of tree replacement
1	DBH of 2.5” (for street trees) or 6” (for non- street trees) to 12.99”	Plant 1 tree for each tree removed	$450.00
2	DBH of 13” to 22.99”	Plant 2 trees for each tree removed	$900.00
3	DBH of 23” to 32.99”	Plant 3 trees for each tree removed	$1,350.00
4	DBH of 33” or greater	Plant 4 trees for each tree removed	$1,800.00

Tree Replacement Alternatives

If the Borough or applicant determines that some or all required replacement trees cannot be planted on the property where the tree removal activity occurred, then the applicant shall pay a fee per tree removed according to the Tree Replacement Requirements Table. This fee shall be placed into a Tree Bank Trust account, maintained by the Borough Finance Office and dedicated to tree planting and maintenance of the trees on public property.

Exemptions

The Borough exempts the following from the tree replacement requirements:

Residents who remove less than four (4) trees that have a DBH of less than 33 inches and are not classified as Specimen Trees. 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.
Any trees removed as part of a Borough or state decommissioning plan. This exemption only includes trees planted as part of the construction and predetermined to be removed in the decommissioning plan.
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 Borough.
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.
Construction of a new home, an addition to an existing home, or construction of an accessory structure to the home, such as a patio, deck, tennis court, and/or swimming pool, but only to the extent reasonably required, after due consideration of the property owner’s design needs, for the construction of the home, the addition, the repair/replacement of the septic system or an accessory structure.
Hazard trees may be removed immediately. However, the property owner shall, upon request of the Borough Tree Officer, be required to provide documentation confirming said conditions, which will include photographs of the trees removed and the property, and a certification from a duly licensed Licensed Tree Care Operator or Licensed Tree Expert, or from an ISA certified arborist.
Any tree may be removed as part of the operation of agricultural or horticultural use on property that is five acres or more, and that is assessed for local property taxes pursuant to the New Jersey Farmland Assessment Act of 1964, N.J.S.A. 54:4-23.1, et seq.
Any tree recognized as invasive by the NJDEP or listed on the most recent New Jersey Invasive Strike Team “Do Not Plant List” may be removed without replacement.