North Haledon council approves tree-removal ordinance on first reading, sets replacement rules and fees

The Borough of North Haledon on May 15, 2024 adopted Ordinance #13-2024 on first reading, creating new requirements for tree removal and replacement across the borough.

The ordinance, introduced and read by title with a motion by Council Member Bruce O. Iacobelli and second by Council Member Rocco Luisi, requires anyone seeking to remove a street tree with a diameter at breast height of 2.5 inches or more, or a non-street tree with a DBH of 6 inches or more, to submit a Tree Removal Application to the Construction Department. The council voted unanimously on first reading; final consideration is scheduled for June 18, 2024 at 7:30 p.m.

The measure defines technical terms used throughout the ordinance, including "Critical Root Radius" (CRR) and DBH, and distinguishes "hazard trees" (which may be removed without replacement if they meet specified criteria such as disease, death, obstruction of traffic signs, damage to structures, or certification by a certified arborist).

A central feature is a replacement schedule that ties the number of replacement trees to the size of the removed tree. For example, trees in the 2.5"–12.99" DBH range require one replacement tree with a minimum caliper of 1.5", while trees 33" DBH or larger require four replacement trees at the same minimum caliper. Applicants must plant replacement trees within 12 months of removal, monitor survival for two years, and replace any failed plantings within 12 months.

If on-site replacement is infeasible, the municipality may allow planting at an alternate approved location or accept a $400 per-tree payment into a dedicated tree fund for planting and maintenance. The ordinance sets a $25 application fee for removal requests and assigns enforcement to the Police Department, Construction Code Official, Borough Engineer and Department of Public Works. Violations are subject to a fine of $400 per tree, in line with the replacement-cost framework in the ordinance.

Appendix A, incorporated by reference, lists recommended native and streetscape species, including Red Maple, White Oak, Eastern Redbud, American Elm and others, and offers planting standards and timing guidance.

The ordinance also lists several exemptions, including limited resident removals below a rolling five-year threshold, active tree farms or nurseries, properties under approved forest stewardship plans, state or municipal decommissioning plans, NJDEP or EPA-approved remediation or habitat plans, and approved game management practices. Hazard trees remain exempt from replacement and fee requirements.

The motion to pass on first reading carried on a unanimous roll call of members present. The council set the ordinance for final consideration and a public hearing on June 18, 2024.