For the purpose of this chapter, the words and terms used herein
are defined as follows:
ADJACENT NEIGHBOR
The owner of record of any property adjacent to the affected
property.
CHEMICAL CONTAMINATION
The application of a material, whether intentionally or accidentally,
which has a toxic effect on a tree or trees.
CIRCUMFERENCE
The line that goes round or encompasses a circular figure.
CLEAR CUTTING
Removal of all the trees in a stand of timber in a certain
area.
COMMISSION
The Borough of Kinnelon Environmental Commission, established
pursuant to Chapter 29, Environmental Commission, of the Code of the
Borough of Kinnelon.
CONSERVATION AREA
That area created by the setback standards for a particular
building zone and surrounding the perimeter of a property.
DEAD TREE
A tree which has ceased to physiologically function. Dead
trees typically are devoid of leaves and have loose bark.
DIAMETER
The length of a straight line through the center of an object
from side to side; width; thickness; as, the diameter of a tree or
rock.
DISEASED TREE
A tree, which is terminally infected with a fungus or virus
or terminally infested with insects.
DRIPLINE
The circular area surrounding a tree, the radius of which
area shall be the distance from the trunk of the tree to the outermost
branches of the tree.
EROSION CONTROL
The planting of vegetation on steeply sloped lands in conformation
with Soil Conservation Service standards, to prevent the loss of soil
from wind, rain, flooding or traffic.
EXCESSIVE DRAINAGE ALTERATIONS
Grade changes which result in either a deficiency or overabundance
of soil moisture within the dripline of a tree or trees.
GIRDLING
To removing or cut through a ring of bark and underlying
tissue from a tree trunk in order to kill the tree.
GRADE CUT
The removal of soil within the dripline of an existing tree.
Cuts in grades damage tree roots and affect the stability of a tree.
GRADE FILL
The placement of soil on the ground surface surrounding existing
trees. The placing of fill inhibits gaseous exchange to tree roots
and soil moisture.
HAND-OPERATED EQUIPMENT
Manual tools, such as a pick, shovel, hoe, iron rake, or
air spade, which excavates with forced air.
HAZARDOUS TREE
Any defective tree or part thereof which poses a high risk
of failure and with it the likelihood of causing injury and/or property
damage.
HORTICULTURALLY ADVANTAGEOUS THINNING
The removal of dead, diseased, dying or undesirable trees
in order to improve the quality of desirable existing trees or to
create conditions where more desirable trees will he planted.
HORTICULTURALLY DISADVANTAGEOUS THINNING
The removal of dead, diseased, dying or undesirable trees
or the disturbance of an area without an approved replacement planting
plan and management program thus creating a void where invasive plant
material could become established.
LIMBING
Removal of 1/3 or more of the living branches of a tree.
LIMIT OF DISTURBANCE
The area in which trees have been designated for cutting,
obtained by traversing the outer periphery of those trees and taking
into consideration the delineation of the natural boundaries located
within the property.
MECHANICAL DAMAGE
Physical damage to the bark, branches, or roots of a tree.
Such damage is usually caused by motor-driven excavation or other
equipment.
PERMIT
Written authorization from the Borough of Kinnelon to remove
a tree or trees.
PLACARD
A poster or sign for public display, issued by the Borough
Forester, fixed to a wall, tree or fence, in plain view of the public.
REPLACEMENT TREE(S)
All replacement trees shall be of a species approved by the
Borough Forester and shall be nursery grade quality, properly balled,
and burlapped. Minimum measurements of replacement trees shall be
as follows: evergreen trees: seven feet to eight feet in height; ornamental
trees: two inches to three inches in caliper; and shade trees: three
inches to three feet in caliper. Caliper is measured one inch above
the root flare of a balled and burlapped nursery grown tree.
SCREENING
A tree, trees, hedge, or privacy fence, which provides a
visual barrier from one property to another.
SETBACK
All existing borough setbacks applicable to a given property as defined in the Kinnelon Borough Zoning Code §§
207-27 through
207-31.
SOIL COMPACTION
The subsurface compression of soil by vehicles, equipment,
and materials, which disrupts the movement of air and water to tree
roots.
STUMP
The bottom part of a tree left projecting from the ground
after most of the trunk has fallen or been cut down.
TREE
Any live or dead woody perennial plant within the confines
of the Borough having a diameter of six inches or greater measured
at a point of 4 1/2 feet above grade level. On sloped terrain,
such measurement shall be made on the downhill side. Measurements
shall be made and/or approved by the Borough Forester or the Borough
Code Enforcement Officer.
TREE ENCROACHMENT
The storage of equipment or materials, the changing of grade
including cutting or filling, or compacting of soil within the dripline
of a tree.
TREE REMOVAL
Any activity to remove or destroy any tree, such as, but
not limited to, excessive topping or limbing.
TREE TOPPING
The indiscriminate cutting back of tree branches in excess
of 1/3 of total tree branches to stubs or lateral branches that are
not large enough to assume the terminal role.
The property owner and all contractors shall be required to
protect any and all trees from any damage during any type of construction
on any property in the Borough of Kinnelon.
The following lands, activities and uses shall be exempt from
the terms and conditions of this chapter and shall also be exempt
from any violations or penalties.
A. Activities lawfully conducted on public lands or rights-of-way by
or on behalf of a local, federal, state, county or other governmental
agency or entity or a utility company.
B. Tree removal in conjunction with woodland management plans filed
with the New Jersey Forest Service.
Permits or placards granted under the terms and conditions of
this chapter shall run with the land and shall remain in force and
effect for the following periods of time:
A. When no other permits or approvals are involved, six months from
the date of issuance.
B. When issued in conjunction with a construction permit, six months
from the date of issuance.
C. When issued in conjunction with Borough Planning Board or Board of
Adjustment approval, until the later of the six months from issuance
or the expiration of construction permits issued thereunder.
Any person aggrieved by a determination to grant or deny a tree
removal permit shall have the right to appeal such decision to the
Mayor and Council. Such appeal shall be by written notice stating
the reasons upon which the appeal is based, filed with the Borough
Clerk and forwarded to the applicant, if appropriate, within 10 days
of receipt of the appeal. The Mayor and Council shall hear the matter,
upon notice to the applicant and/or petitioner, at the first regularly
scheduled public meeting of the Mayor and Council held no less than
20 business days after receipt of the notice of appeal. The Mayor
and Council may, in its discretion and upon complete review of the
application and after hearing the testimony of the Borough Forester
and the applicant and any other interested parties, reverse, modify
or affirm the prior decision in the matter.