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East Brunswick, NJ Tree Protection: Parkway Planting (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Who pays
Developer pays for and installs all new plantings
Bond
Held two years after installation, guaranteeing survival
Tree size
2 to 2.5 inch caliper, 12' to 14' tall, balled and burlapped
Placement
Outside right-of-way, at least 6' from curb, pavement or sidewalk
Root control
Root growth barrier fabric along curb line and sidewalk
Species
Planning Department approved plant list

Summary

In East Brunswick Township, a developer pays for and installs all new plantings in a subdivision and holds them under bond for two years after installation. New trees must be at least 2 to 2.5 inch caliper and 12' to 14' tall, balled and burlapped, and planted on private property no closer than 6' from any curb, pavement or sidewalk.

A. All new plantings will be paid for and installed by the developer and held under bond for a period of two (2) years after the date of installation, (Performance Bond release) guaranteeing survival. B. Location of all said trees will follow standards created by the Planning Department (refer to appendix). C. Species of all new plantings and replacement plants will be selected upon the approved plant list provided by the Planning Department (Refer to Appendix). D. The size of all new plantings will be a minimum of 2 to 2.5 inch caliper, 12' to 14' in height, balled and burlapped. E. Developer shall be responsible to install root growth barrier fabric along curb line and sidewalk at each planting site. F. All trees shall be planted outside the right-of-way, on private property, no closer than 6' from any curb, pavement, or sidewalk.

Full Breakdown

Section 181-7 of the Township Code governs plantings in new subdivisions in East Brunswick Township. The developer pays for and installs the plantings, and they are held under bond for two years after installation, tied to the Performance Bond release, to guarantee survival. Locations follow standards created by the Planning Department, and species come from the approved plant list the Planning Department provides. Both are in the appendix attached to Chapter 181. Each planting site gets root growth barrier fabric along the curb line and sidewalk, installed by the developer. All trees go outside the right-of-way, on private property, no closer than 6' from any curb, pavement or sidewalk.

Trees the Township replaces in the existing right-of-way follow § 181-6. The Division of Parks is responsible for planting, maintenance and management of street trees and park trees under § 181-2. Street trees go no closer than 10' to any driveway, fire hydrant or utility pole. Spacing follows three species size classes: no closer together than small trees 30', medium trees 40' and large trees 50', except in special plantings designed or approved by a landscape architect. Replacement trees are a minimum of 1 1/2" to 1 3/4" in caliper, bare root material. The Township replaces a removed tree in the proximate location unless existing canopy, a planting area under 72", lack of sight distance or utilities prevent it.

Property owners are prohibited from planting street trees in the Township right-of-way under § 181-6(E). If a tree cannot go in the right-of-way, it can go on the resident's side of the sidewalk only with Planning Department and Parks Division approval, the owner's agreement and a signed right-of-entry agreement. Under § 181-4, the Parks Division grinds down roots heaving sidewalks at the owner's request, and sidewalk repair is at the owner's expense.

Violations & Fines

Chapter 181 prints no penalty clause of its own. The developer's built-in exposure is the two-year bond that guarantees survival of the plantings. The general penalty in § 1-15 of the Township Code applies to violations of any chapter unless noted elsewhere: a fine up to $2,000, up to 90 days in county jail or up to 90 days of community service, with each day a separate offense. Planting a street tree in the right-of-way is prohibited by § 181-6(E).

Frequently Asked Questions

Who pays for street trees in a new East Brunswick subdivision?
The developer. Section 181-7(A) says all new plantings will be paid for and installed by the developer and held under bond for a period of two years after the date of installation, with the Performance Bond release, guaranteeing survival. The Township does not fund the initial plantings in a new subdivision under this section.
How big do the new trees have to be?
Section 181-7(D) sets a minimum of 2 to 2.5 inch caliper and 12' to 14' in height, balled and burlapped. That is larger than the Township's own replacement trees in existing streets, which under § 181-6(F) are a minimum of 1 1/2" to 1 3/4" caliper in bare root material.
How close to the sidewalk can the trees go?
Under § 181-7(F), all trees are planted outside the right-of-way, on private property, no closer than 6' from any curb, pavement or sidewalk. The developer must also install root growth barrier fabric along the curb line and sidewalk at each planting site under § 181-7(E).
Can a homeowner plant a street tree in the right-of-way?
No. Section 181-6(E) prohibits property owners from planting street trees in the Township right-of-way. The Division of Parks handles planting of street trees. A replacement tree can go on the resident's side of the sidewalk only under the conditions in § 181-6(B), including approval by the Planning Department and Parks Division.

Sources & Official References

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