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Tree Ordinance Frequently Asked Questions (FAQ's)
In December 2007, the Wyckoff Township Committee voted against a proposed tree ordinance 3-2. What were the main provisions of that ordinance?
Homeowners would have been asked to apply for a permit to remove certain trees in a five-foot buffer area along the borders of their properties, or if the tree were greater than 24 inches in diameter. There were numerous exceptions, however. No permit would have been required nor were there restrictions on removing dead trees, diseased trees, or trees in any emergency situation anywhere on a property.
In that five-foot buffer area only trees greater than 8” in diameter would have been protected. The homeowner could cut down anything less than 8.” Also in the five-foot buffer area, hedgerows only more than eight feet high would have been protected. Anything under eight feet high could have been removed. This ordinance only would have protected trees that were 24” in diameter or larger; the homeowner could remove, without a permit, any tree smaller that 24” anywhere on the property, except that five-foot area around the parameter.
Were there other exceptions to make it a flexible ordinance?
Any trees greater than 8” in diameter or hedgerows greater than eight feet in the five foot buffer zone, or any tree 24” or larger in diameter, could have been removed without a permit if it was:
- within 20 feet of a principal structure or pool
- within 10 feet of a cabana or tennis court
- within 10 feet of a septic
- within five feet of a driveway
Even for the few trees that would have required a permit, the permit process would have allowed removing the tree for a range of reasons.
With so many exceptions, what was the point of having the ordinance?For most homeowners, the ordinance would have had little impact. It would have prevented developers, most of whom are from outside Wyckoff, from systematically clearing entire lots before they apply for a building permit. Lot clearing frequently occurs when an existing home is to be torn down.
I thought we had a tree ordinance before the current debate. Isn’t that the case?
Wyckoff does not have a tree ordinance. Many towns in our area do have one and have for many years. We are behind in protecting our natural resources in this regard, and the tree canopies that once covered much of our main roads, for instance on Wyckoff Avenue, have decreased considerably over the last decade. A tree ordinance could include provisions requiring the town to replant native trees in the normal course of maintaining tree-lined streets and other right of ways. This replanting program would maintain Wyckoff’s character and charm.
A tree on my property is my tree. Why should the town have anything to say about it?
There are many laws that govern what we can and can’t do on our own property—whether it concerns noise, leaf and brush burning, or having unregistered vehicles parked in the yard. These ordinances are in place to improve the overall quality of life—and with it, property values—in our town. Trees, especially large trees along property lines, impact larger areas than simply where their trunks are standing. The tree that shades my house many be on your property. Think, also, about the impact on you if your neighbors clear cut their properties. They are permitted to do so now.
Consider this: About 100 years ago the building codes were widely introduced. Some people at the time didn’t see the need. How many people now would want to do away with building codes? Given the importance of trees, we believe it is a matter of time before all towns have tree ordinances.
Don’t we have a Shade Tree Commission? Don’t they deal with this issue and replant trees that have been removed along our roads?
We do have a Shade Tree Commission which does a great job of keeping an inventory of the trees on our streets and in our parks. The commission needs a directive from the Township Committee to make replanting part of its responsibilities.
Are trees really all that important?
Aside from their aesthetic value, and usefulness in providing shade, trees have a vital role in the hydrologic cycle. Trees catch and hold rainwater. Water passes from the roots into the soil to replenish the aquifer. When trees are cut down, and no new trees are planted, less rainwater seeps into the ground. This leads to increased risk of flooding, less recharge of the aquifer, and a gradual drying out of the aquifer. Trees also can help mitigate global warming.
Why do some towns seek designation as a “Tree City USA”?
A “Tree City”-designated town enjoys several advantages:
- when applying for grant money for tree and environmental projects, the town with the Tree City designation often gets preference;
- Obtaining the designation puts a town in contact with professionals at the state and national levels, who provide materials and expertise at no cost;
- The designation encourages citizens to take pride in their town, and the environment generally;
- It shows visitors and prospective homeowners that the town values its appearance;
- The designation improves property values.
What are the requirements to become a “Tree City USA”?
There are four basic criteria:
- A Shade Tree Commission, which Wyckoff already has.
- Establish a tree care ordinance. This ordinance would establish the policy for planting, maintaining and removing trees on streets, in parks and in other public places.
- Development of a community forestry program. The activities in such a program, with the exception of planting trees, are generally already taking place in Wyckoff. There are generous grants available to use to acquire trees for planting.
- Having an annual Arbor Day Celebration.
Don’t towns get sued over tree ordinances?
There are three points to note in this regard: Suits are relatively rare, and may occur when towns try to force builders to pay excessive fees when they remove trees (e.g., hundreds of thousands of dollars). Tree ordinances have generally been upheld by higher courts. Finally, because New Jersey supports tree preservation, it offers insurance protecting towns against lawsuits. To our knowledge, Franklin Lakes has never been sued over its tree ordinance.
I would like to plant a tree. What do you recommend?
What you plant depends on your needs (privacy, shade, etc.) and where the tree is to be planted. There is plenty of information on the web. A good place to start is www.arborday.org.
Have a question we didn’t answer? Send it to info@FriendsOfWyckoff.org.