Moorestown Township recently adopted an ordinance regulating the removal and replacement of trees located on private property. Chapter 160 of Moorestown Township’s Code addresses trees. Here is what Moorestown requires to remove a tree:
Tree Removal Permit Process
- A tree removal permit is required from the Department of Community Development for the removal of any significant tree as regulated in the chapter. Review and issuance of said permit shall be based on the standards in § 160-4 through § 160-8.
- Where the permit application is submitted as part of an application for development, the time for decision on the application shall be governed by the requirements applicable under N.J.S.A. 40:55D-1 et seq.
- Where the permit application is not submitted as part of an application for development, a decision on the application shall be made within 60 days of the receipt of a complete application, or within such additional time as is agreed to by the applicant.
- No action shall be taken on any significant existing tree until written authorization is received from the Department of Public Works or its designee and a permit is issued. If permission is granted to remove said tree, the property owner may be responsible for a tree replacement in addition to paying for the cost of removing the permitted tree (e.g., removing a perfectly good tree to install a driveway).
Duration of Permits
- If granted for a lot or parcel of land for which no building permit is required, the tree removal permit shall be valid for one year from the date of issuance.
- If granted for a lot or parcel of land for which a building permit is required, but for which no approval is required from the municipal agency, the tree removal permit shall be valid until the expiration of the building permit.
- If granted for a lot or parcel of land for which approval is required from the municipal agency, the tree removal permit shall be valid for as long as the approval is valid pursuant to N.J.S.A. 40:55D-1 et seq.
- Once a tree removal permit expires, a new application must be submitted for review and a new permit issued.
Fees
- An administrative fee of $25 will be required upon issuance of a permit for the above approvals.
- All fees collected for tree assessment replacement will be collected by the Department of Public Works or its designee, deposited into the Tree Bank account, and maintained by the Township Finance office.
Tree Replacement Requirements
- Replacement trees shall be nursery-grown and comply with the AAN standards for nursery stock. Caliper shall be 1.75 inches to 2.5 inches.
- Replacement trees may be used anywhere on site unless explicitly prohibited by law. However, the provisions of this chapter do not supersede an applicant’s responsibility(ies) for street trees. The following may be considered as replacement trees, subject to approval by the Department of Public Works or its designee:
- Trees planted to meet requirements of other provisions (e.g., in buffer areas) of the Code of the Township of Moorestown.
- Trees were planted as part of a reforestation plan for previously cleared areas of the site.
- Trees planted in a bioretention stormwater management basin.
- If the required replacement trees cannot be planted on the site because of practical physical difficulties or environmental constraints, a fee in lieu of tree replacement may be contributed into the tree bank.
Tree Replacement Requirements Table
The number of replacement trees shown below are for trees on the property that require land development approval for which a permit has been issued.
| DBH of Removed Tree(inches) | Number of Replacements |
| 12 to 18 | 1 |
| Greater than 18 to 24 | 2 |
| Greater than 24 to 30 | 3 |
| Greater than 30 to 36 | 4 |
| Greater than 36 to 40 | 5 |
| Greater than 40 | 7 |
Tree Replacement Alternatives
- All required replacement trees shall be planted on the site from which the trees were removed. Relief from any portion or all of the on-site tree replacement requirement may be granted by the Department of Public Works or its designee. Any relief shall be based upon practical physical difficulties, environmental constraints, and undue hardship related to the conditions of the site from which the trees are to be removed. The Department of Public Works or its designee shall solicit the comments and recommendations of the Township Engineer and landscape consultant in determining whether the relief requested by the applicant should be granted.
- In lieu of planting replacement trees, the applicant may be permitted to make a monetary contribution to the tree bank. The amount of the contribution shall be $350 for each tree required for each replacement tree and shall be submitted to the Department of Public Works or its designee prior to cutting any trees or the issuance of a zoning permit, whichever occurs first.
- The cost of replacement trees shall not exceed 5% of the project cost (including but not limited to buildings, structures, and site improvements), as determined by the Township Engineer. For determining the cost of replacement trees, the actual replacement cost of $350 per tree, whichever is less, shall be used. All costs shall be adjusted every three years in accordance with the federally regulated cost of living index.
- All funds collected from an applicant as a contribution in lieu of replanting trees shall be deposited in a dedicated account clearly designated as the Moorestown Township Tree Bank. All funds so deposited shall be used exclusively for the planting or maintenance of trees. This bank may be used to plant trees on public property and rights-of-way, including but not limited to public parks, public schools, and public buildings. A quarterly report, detailing the expenditure of any of the funds, shall be submitted to the Township Council by the Chief Financial Officer.
Exemptions
Moorestown exempts the following from the tree replacement requirements:
- All lot owners, on properties that require land development approval, may remove two significant privately owned trees per year per acre of the lot.
- Residents who remove less than four (4) trees per acre that have a DBH of 36” or less within a five-year period. The number of trees is a rolling count across a five-year period.
- Trees are directed to be removed by municipal, county, state, or federal authority pursuant to law.
- Removal of trees that are dead, dying, or diseased, trees that have suffered damage, or any tree whose angle of growth makes it a hazard to structures, roads, or human life.
- Removal of trees that are causing structural damage to buildings, foundations of structures, or public water and/or sewer infrastructure.
- Pruning of or removal of trees within the right-of-way by utility companies for maintenance of utility wires or pipelines, the pruning of trees within sight easements, and Township trees that are obstructing the sidewalk.
- Developments that have received preliminary or final approval within three years prior to the effective date of this chapter, unless a substantial change in the development occurs requiring a revised preliminary approval.
- Tree nurseries, orchards, and properties with a state-approved forest management plan.
- Cemeteries.
