[1972 Code § 89-1]
It shall be unlawful for any person without the written permit of the Shade Tree Commission, to cut, break, climb or injure any tree or portion of tree planted or growing in any public highway within the Borough, or cause, authorize or procure any person to cut, break, climb or injure any such tree or any portion of any tree or plant planted or growing in any Borough park or parking strip within the Borough, or cause or authorize or procure any person to cut, break, climb or injure any such tree or plant or any portion of such tree or plant; or to injure, misuse or remove, or cause, authorize or procure any person to injure, misuse or remove any device set for the protection of any tree or plant in any public highway or Borough park. Any person, firm or corporation desiring for any lawful purpose to cut, prune or trim any tree in any public highway of the Borough may apply to the Shade Tree Commission, and if the judgment of the Commission, the desired cutting, pruning or trimming shall appear necessary and the proposed method and workmanship thereof is such as the Commission approves, the Shade Tree Commission may thereupon issue a written permit for such work. Any work done under such written permit shall be performed in strict accordance with the terms thereof.[1]
[1972 Code § 89-2; amended 12-2-2024 by Ord. No. 2432-24; 4-21-2025 by Ord. No. 2447-25]
a.
Removal of trees in the Borough right-of-way.
1.
It shall be unlawful for any person to kill or remove a tree from the Borough right-of-way without first applying for and obtaining permission from the Shade Tree Commission. Violation of this subsection will result in a contribution to the Municipal Tree Escrow Fund as determined by the Code Department consistent with the contribution amounts as described in Section 23-2.8.
[1972 Code § 89-3]
It shall be unlawful for any person, firm or corporation owning or using or having control or charge of gasoline or other substance to allow such gasoline or other substance to come into contact with the soil surrounding the roots of any tree in any public highway or any tree or plant in any Borough park in such manner as may injure such tree or plant.
[1972 Code § 89-4]
It shall be unlawful for any person owning or using or having control or charge of gasoline or other substance deleterious to tree life to allow such gasoline or other substance to come in contact with the soil surrounding the roots of any tree in any public highway or any tree or plant in any Borough park in such manner as shall kill or destroy such tree or plant.
[1972 Code § 89-5]
It shall be unlawful for any person to cause, authorize or procure any brine, water, oil, liquid dye or other substance deleterious to tree life to lie, leak, pour, flow or drip on or into the soil about the base of any tree in any public highway or Borough park or onto a sidewalk, road or pavement therein at a point whence such substance may be lying on or be flowing, dripping or seeping into such soil, or in any other manner whatsoever injure such tree, or cause or procure such lying, leaking, flowing, dripping, seeping or injuring.
[1972 Code § 89-6]
It shall be unlawful for any person, except with the written permit of the Shade Tree Commission, to place or maintain upon the ground in any public highway or Borough park any stone, cement or other material or substance in such manner as may obstruct the free access of air and water to the roots of any tree in such highway or park. Unless otherwise provided for in such written permit as above provided for, there must be maintained about the base of the trunk of each shade tree in the public highways and Borough parks at least six square feet of open ground for a tree of three inches in diameter, and for every two inches increase of such diameter there must be at least one square foot of open ground.
[1972 Code § 89-7]
It shall be unlawful for any person to interfere or cause or authorize or procure any interference with the Shade Tree Commission or any of its employees, agents or servants while they are engaged in and about the planting, cultivating, mulching, pruning, spraying or removing of any tree in any public highway or Borough park or in the removing of any device attached to the tree or in such removing of stone, cement, sidewalk or other material or substance as may be necessary for the protection and care of any such trees in accordance with the requirements set forth in subsection 23-1.6 as to the area of open ground to be maintained about the base of the truck of each shade tree in the public highways and Borough parks.
[1972 Code § 89-8]
It shall be unlawful for any person to cause, authorize or procure a wire or other conductor charged with electricity to come into contact with any tree in a public highway or with any tree or plant in a Borough park in such manner as may injure or abrade such tree or plant.
[1972 Code § 89-9]
It shall be unlawful for any person to cause or authorize or procure a wire or other conductor charged with electricity to come into contact with any tree in a public highway or any tree or plant in a Borough park in such manner as shall destroy or kill such tree or plant.
[1972 Code § 89-10]
It shall be unlawful for any person to attach or keep attached to any tree in any public highway or Borough park or to any guard or stake intended for the protection of such tree, any rope, wire, sign or any device whatsoever.
[1972 Code § 89-12]
It shall be unlawful for any person to plant or set out any shade tree or cause or authorize or procure any person to plant or set out any shade tree in or on any part of any public highway or Borough park without first obtaining from the Shade Tree Commission a written permit so to do or without complying in all respects with the conditions set forth in such written permit.
[1972 Code § 89-13]
During the erection, repair, alteration or removal of any building or structure within the Borough, it shall be unlawful for the person in charge of such erection, repair, alteration or removal to leave any street tree in the vicinity of such building or structure without such good and sufficient guards or protection as shall prevent injury to such tree arising out of or by reason of said erection, repair, alteration or removal.
[Ord. No. 1927-04 § 1]
The purpose of this section is to control and regulate the indiscriminate or excessive removal, clear cutting and destruction of trees on privately owned property, encourage the planting of new trees and control, regulate and prevent conditions which cause increased surface drainage, sedimentation and soil erosion adversely impacting the value of real estate and the public health, safety and welfare of the community. The regulations contained in this section are designed to limit such adverse impact while not interfering with the right of a property owner to appropriately remove trees in accordance with the regulations contained in this ordinance.
[Ord. No. 1927-04 § 2]
As used in this section, the following terms shall have the meanings indicated:
Shall mean standard measure of tree size for trees to be newly planted. Measurement is taken six inches above the ground for trees four inches in diameter or less and 12 inches above the ground for trees greater than four inches in diameter.
Shall mean the diameter of a tree measured 54 inches (forestry method) above the ground level on the uphill side for existing trees. Diameter at breast height may appear as the abbreviation "DBH".
Shall mean a removal which is necessitated by an event, whether natural or man-made, which requires the immediate removal of a regulated tree because it has been determined that such tree presents an immediate public safety hazard. This determination shall be made by the Code Enforcement Officer or his/her designee.
Shall mean any activity that results in cutting down completely or substantially eliminating a living regulated tree.
Shall mean a tree that is nursery grade quality, balled and burlapped, not less than 2 1/2 to three inch caliper with a durable label designating its genus, species and variety.
Shall mean any self-supporting woody plant which reaches a typical mature height of 12 feet or more at maturity and has a typical DBH of four inches or greater.
[Ord. No. 1927-04 § 3; amended 3-30-2026 by Ord. No. 2592-26]
The terms and provisions of this section shall apply to vacant lots, lots and to new construction where the principal structure has been demolished and lots on which the foundation to an existing building or structure is being increased by more than 500 square feet. Trees removed from a property within six months prior to an application for a construction permit for a new or replacement principal structure shall be subject to the provisions of this section. Nothing contained in this section is intended to restrict a property owner's right to remove trees on real property where no construction permit for a new or replacement principal structure is sought.
[Ord. No. 1927-04 § 4; amended 3-30-2026 by Ord. No. 2592-26]
Unless an exemption is established by this section, it shall be unlawful for any person to remove or cause to be removed any tree regulated under subsection 23-2.3 above, with the trunk diameter in excess of six inches DBH and located a distance greater than 15 feet from the area of new construction. In the event a tree is removed as a result of new construction and having been located within the area of disturbance, the property owner or applicant shall comply with subsection 23-2.5 of this section unless otherwise approved by the Zoning Officer or Planning Board in conjunction with a land development application. Diseased or hazardous trees may be removed at the property owner or applicant's expense from any location including the right-of-way if the condition of the tree is documented by a qualified tree expert to be appointed by the Borough.
[Ord. No. 1927-04 § 5; 2-20-2024 by Ord. No. 2414-24; amended 12-2-2024 by Ord. No. 2432-24; 4-21-2025 by Ord. No. 2447-25; 3-30-2026 by Ord. No. 2592-26]
b.
Owner/contractor will be required to replace all trees removed in the process of construction as follows:
1.
For every tree removed with a DBH of 4-6":
(a)
One tree with a DBH of 2.5" to be planted on said property.
2.
For every tree removed with a DBH of 6-10":
(a)
Two trees with a DBH of 2.5" to be planted on said property.
3.
For every tree removed with a DBH of 10-16":
(a)
Three trees with a DBH of 2.5" to be planted on said property.
4.
For every tree removed with a DBH of 16"+:
(a)
Four trees with a DBH of 2.5" to be planted on said property.
5.
The replacement trees are required to be in good condition two years after planting.
6.
Residents may utilize the Resident Tree Buying Program offered every Spring and Fall to fulfill their planting obligations:
7.
If the owner/contractor makes a full effort to replace trees, the Shade Tree Commission will have discretion to waive any additional requirements.
8.
Contractor/owner may choose to contribute to the Municipal Tree Escrow Fund in lieu of planting replacement trees and can do so in accordance with the guidelines established in subsection 23-2.8 of this chapter.
9.
Trees in the right-of-way that are removed by the contractor/owner pursuant to subsection 23-2.4 must add one tree for each tree removed (minimum 2 1/2" caliper tree species to be chosen from a list of approved trees from the Borough) and pay $250 to the Municipal Tree Escrow Fund.
For review of removal of a tree(s) in the right-of-way, an application shall be submitted requiring a non-refundable permit fee and said fee shall be deposited in the Municipal Tree Escrow Fund. If the application is approved, the permit fee will go towards the $250 payable to the Municipal Tree Escrow Fund. Approval for removal of a tree(s) from the right-of-way shall be determined by the Superintendent of the Department of Public Works and the Chairman of the Shade Tree Commission.
c.
Should a permit be issued for new construction and there has been no removal of trees for said construction, the owner/contractor is required to plant two trees on the property as follows:
1.
Tree must be 2.5 inches caliper at time of planting.
2.
One shall be a shade tree and one can be an ornamental flowering tree.
3.
One shall be planted in the front yard on the property a minimum of two feet from any sidewalk.
4.
The trees must survive for two years from the date of planting.
5.
If the Shade Tree Commission determines there is no adequate room for the planting of the trees, the Owner/Contractor shall contribute $500 to the Municipal Tree Escrow Fund.
6.
If the Owner/Contractor fails to plant the trees as is required, they shall pay $1,000 per tree to the Municipal Tree Escrow Fund.
7.
The Owner/Contractor can satisfy the requirements of this section by participating in the Resident Tree Buying Program.
8.
Requirements of this section must be satisfied to secure the Certificate of Occupancy.
[Ord. No. 1927-04, § 6]
All trees with a DBH of six inches or more shall be shown on the plot plan as submitted with a land development application. The application shall list all trees to be removed. Each tree to be removed shall be identified by size and species and the reason for the proposed removal shall be detailed.
On land development applications for properties having an area greater than 4,500 square feet, if there are no existing shade or ornamental trees in the front yard of the property, the Planning Board shall require the property owner or applicant to provide a shade tree or ornamental tree, or contribute to the Municipal Tree Escrow Fund.
[Ord. No. 1927-04 § 7; Ord. No. 2180-15; amended 3-30-2026 by Ord. No. 2592-26]
All required trees shall be planted on the site from which the trees were removed. In the event such plantings cannot take place as a result of practical physical difficulties or undue hardship related to the conditions of the property, as determined by the Code Enforcement Officer or Shade Tree Commission or, in the event of a land development application, by the Planning Board, the property owner or applicant, upon approval of the Shade Tree Commission, may either plant the replacement tree(s) on municipal property in accordance with the requirements of the Shade Tree Commission, for each required replacement tree to the Municipal Tree Escrow Fund.
[Ord. No. 1927-04 § 8; amended 12-2-2024 by Ord. No. 2432-24; 4-21-2025 by Ord. No. 2447-25]
a.
A Municipal Tree Escrow Fund is established for the administration and promotion of environmental enhancement programs such as tree planting, tree preservation, landscaping or other related projects on or within municipally owned properties or facilities. A separate account shall be established to administer this fund. Appropriations from the tree escrow account shall be approved by the Mayor and Council and shall be used for municipal purposes through the recommendations of the Shade Tree Commission.
b.
Should a homeowner/contractor elect to contribute to the Municipal Tree Escrow Fund in lieu of planting replacement trees, they may do so as follows:
1.
For every tree removed with a DBH of four to six inches: $500.
2.
For every tree removed with a DBH of six to 10 inches: $1,000.
3.
For every tree removed with a DBH of 10 to 16 inches: $1,500.
4.
For every tree removed with a DBH of 16 to 24 inches: $2,000.
5.
For every tree removed with a DBH of 24 inches plus: $2,500.
c.
Residents may utilize a combination of tree replacement and contributions to the Municipal Tree Escrow Fund to meet their requirements.
d.
In the event a tree(s) was removed without a permit and without approval, the number of trees requiring mitigation shall be computed by assuming that five trees with a DBH of 10 to 16 inches were removed unless adequate proof is approved by the Code Enforcement Officer.
e.
Dead/diseased/problematic trees in question can be removed without a fee with prior STC/DPW approval.
f.
For each tree not replaced, owner/contractor shall pay $500 to the Municipal Tree Escrow Fund.
g.
Any tree removed six months on either side of a construction permit date is subject to the above.
[Added 12-2-2024 by Ord. No. 2432-24]
b.
Should the owner/contractor elect to replace it with new trees, they are required to do the following:
1.
For every tree removed with a DBH of four to six inches:
(a)
One tree with a DBH of 2.5 inches to be planted on said property.
2.
For every tree removed with a DBH of six to 10 inches:
(a)
Two trees with a DBH of 2.5 inches to be planted on said property.
3.
For every tree removed with a DBH of 10 to 16 inches:
(a)
Three trees with a DBH of 2.5 inches to be planted on said property.
4.
For every tree removed with a DBH of 16 inches plus:
(a)
Four trees with a DBH of 2.5 inches to be planted on said property.
5.
The replacement trees are required to be in good condition two years after planting.
6.
Residents may utilize the Resident Tree Buying Program offered every Spring and Fall to fulfill their planting obligations.
7.
If the owner/contractor makes a full effort to replace trees, the Code Department may waive any additional requirements.
