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Wayne, NJ Tree Protection: Parkway Planting (2026)

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

Key Facts

Large tree spacing
Every 60 feet (40 feet high or more at maturity)
Medium tree spacing
Every 50 feet (30 to 40 feet high at maturity)
Minimum caliper
Three inches
Curb setback
14 feet from the face of the curb
Frozen-ground bond
$250 per unplanted tree, planted by the following June 1
Easement
5-foot wide sidewalk and shade tree easement along the street line

Summary

Section 134-85.5 of the Wayne Township Code requires shade trees along all public rights-of-way in a development: large trees every 60 feet, medium trees every 50 feet, each with a minimum three-inch caliper, planted 14 feet from the face of the curb. A final certificate of occupancy is withheld for any dwelling unit until the required trees are planted.

B. Planting. ... (1) Shade trees shall be planted along all public rights-of-way. (2) Shade trees shall be spaced as follows: (a) Large trees (40 feet high or more at maturity): Every 60 feet. (b) Medium-sized trees (30 to 40 feet high at maturity): Every 50 feet. (3) Each tree shall have a minimum caliper of three inches. (4) Shade trees shall not be closer than 15 feet from any existing or proposed street light or street intersection. (5) All trees shall be nursery-grown stock and shall have a root ball wrapped in burlap, with a replacement guaranty by the developer of two years. ... E. All shade trees are to be planted 14 feet from the face of the curb, and a four foot sidewalk shall be placed four feet from the face of the curb.

Full Breakdown

The standard sits in the Land Development chapter's Landscaping section and is applied through the Planning Board and the Township's Division of Parks and Forestry. The final plat must show a 5-foot wide sidewalk and shade tree easement along the street line, granted to the Township so its officials and agents can enter to maintain, remove or replant Township shade trees. Planting follows the printed rules: shade trees go along all public rights-of-way, large trees (40 feet high or more at maturity) every 60 feet and medium-sized trees (30 to 40 feet high at maturity) every 50 feet.

Each tree needs a minimum caliper of three inches, and none can stand closer than 15 feet from an existing or proposed street light or street intersection. All trees must be nursery-grown stock with a burlap-wrapped root ball and a two-year replacement guaranty from the developer. Paragraph E fixes the location at 14 feet from the face of the curb, with a four foot sidewalk placed four feet from the face of the curb. Paragraph C lists 22 recommended species, among them Marshall ash, Greenspire linden, Norway maple, red maple, sugar maple, red oak and Japanese zelkova.

Underground electric, telephone and cable utilities go between the curb and the right-of-way so they do not interfere with trees, and the Board can vary the sidewalk, utility and tree locations by resolution when a developer presents good reasons. Planting a tree in any park or street also needs a permit under § 129-17(G), and § 129-13(A) gives the Division of Parks and Forestry full control over the planting and care of shade and ornamental trees on Township-owned land and streets.

Violations & Fines

No final certificate of occupancy issues for a dwelling unit lacking its shade trees. When frozen ground blocks planting, a temporary certificate requires $250 in cash or certified check for each unplanted tree, and the trees must be planted and approved by the Superintendent of Parks and Forestry by the following June 1 or the $250 is forfeited and the Township arranges the planting. Article IV violations carry Chapter 1, § 1-15 penalties.

Frequently Asked Questions

How far apart must street trees be in a Wayne Township development?
Section 134-85.5(B) requires large trees, 40 feet high or more at maturity, every 60 feet and medium-sized trees, 30 to 40 feet high at maturity, every 50 feet. No tree can be closer than 15 feet to a street light or street intersection, and each tree needs a minimum three-inch caliper.
How far from the curb are shade trees planted?
Paragraph E says all shade trees are planted 14 feet from the face of the curb, with a four foot sidewalk placed four feet from the face of the curb. The final plat also shows a 5-foot wide sidewalk and shade tree easement along the street line, granted to the Township.
What if the ground is frozen when the house is finished?
A final certificate of occupancy is not issued without the trees. If frozen ground prevents planting, the developer posts cash or a certified check payable to the Township of Wayne for $250 per unplanted tree and a temporary certificate issues. The trees must be planted and approved by the Superintendent of Parks and Forestry by the following June 1.
Can a homeowner plant a tree in the street strip?
Not without a permit. Section 129-17(G) requires a permit to plant any tree in any park or street on Township-owned land, and § 129-17.1 directs the Division of Parks and Forestry to weigh the species, size, location and the Township shade tree program when deciding whether to issue it.

Sources & Official References

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