As used in this chapter, the following terms shall have the
following meanings:
APPEAL
The process by which decisions of the Tree Officer are reviewed
and resolved when a property owner wishes to dispute the decision.
BOARD
The Shade Tree Advisory Board of the Borough of Palmyra including
any of its agents, employees and duly appointed members. Also referred
to herein as the "PSTAB."
BOROUGH TREE
Any tree, as hereinafter defined, which is situated in or
along any public property, park, field, public right-of-way, easement
or encumbrance. Tree situation is evidenced by 50% more of the root
collar or base of the trunk at the entry point to the ground being
upon Borough land, regardless of the location of the crown, roots,
tilt of the trunk, or other part of the tree in relation to the property
line.
GUARD
A device placed on or about a tree with the purpose of preventing
injury to such tree.
HAZARD TREE
A tree that has structural defects in the roots, stem or
branches and which may cause the tree or part of the tree to fail,
and where such failure may cause property damage or personal injury.
Risk levels are assessed at low, medium or high in accordance with
the USDA Publication No. NA-TP-03-03 entitled "Urban Tree Risk Management."
LANDSCAPER
Any person engaged in the business of landscaping as a primary
occupation.
LARGE TREES
Tree species attaining a height of 50 feet or more at maturity.
MEDIUM TREES
Tree species attaining a height of 25 feet to 50 feet or
more at maturity.
MEMBERS
Duly appointed members of the PSTAB.
OVERGROWN TREE
A tree that has exceeded a confined space as evidenced by
less than 15% of the dbh as clearance between the root collar at ground
level and a confining border such as a curb or sidewalk. (Example:
A tree with 20 inches dbh would require three inches between the root
collar where it enters the ground and the sidewalk or curb.)
PERSON
Any individual, association of individuals, partnership,
corporation, limited liability company, developer, or entity other
than the Borough.
PRIVATE TREE
Any tree, as hereinafter defined, which is situated in land
other than Borough Land. Tree situation is evidenced by 50% or more
of the root collar or base of the trunk at the entry point to the
ground being upon private land, regardless of the location of the
crown, roots, tilt of trunk, or other part of the tree in relation
to the property line.
RIGHT-OF-WAY ("ROW")
The property in the Borough owned by the Borough of Palmyra
or over which the Borough of Palmyra has an easement as shown on the
Tax Map of the Borough of Palmyra or by a review of the land records
maintained by the County Clerk or the Borough.
SMALL TREES
Tree species attaining a height of less than 25 feet at maturity.
STREET
Any road, avenue, street or highway in the Borough dedicated
to the public use.
TREE
Any living woody, deciduous or coniferous species, of any
age after germination, which at maturity is expected to have a circumference
of more than 10 inches, or three inches diameter, measured at dbh.
Any species not qualifying as a "tree," under this definition, shall
be considered a "stem" and shall not fall within the provisions of
this chapter.
TREE GUARD
A permanent enclosure used to protect the trunk of a tree
from injury.
TREE OFFICER
An individual appointed annually by the Mayor with the advice
and consent of the Council, who may, but need not be, a certified
tree expert, or a certified arborist. No person shall be reappointed
or redesignated as Tree Officer unless the individual has completed
the NJ DEP CORE Training within 12 months of the initial appointment.
TREE PERMIT
A permit issued by the Tree Officer, for the planting, maintenance
or removal of a tree or trees on Borough land.
TREE PIT
A specially prepared area of land, which is surrounded by
paving, curbs, sidewalks, or other impervious surfacing, and with
specific requirements for protection and pedestrian safety.
TREE TOPPING
The severe cutting back of limbs to stubs larger than three
inches in diameter within the tree's crown, to such a degree
so as to remove the normal canopy and disfigure the tree except where
other pruning practices are impracticable or impossible with respect
to trees severely damaged or causing obstructions to wires or cables
subject to cable and utility company exemption.
URBAN TREE RISK MANAGEMENT
A publication of the USDA Forest Service No. NA-TP-03-03
of complete title "Urban Tree Risk Management: A Community Guide to
Program Design and Implementation."
UTILITY AND CABLE COMPANY
Public utility or cable television companies entering the
Borough for the purpose of erecting, installing, moving, removing,
altering, or maintaining any structures or fixtures necessary for
the supply of electric light, heat or power, communication, or cable
television, cellular communications, or internet services.
The following shall be exempt from the requirements of this
chapter:
A. State of New Jersey roads and ROWs located in the Borough;
B. County of Burlington roads and ROWs located in the Borough;
C. Any living woody, deciduous or coniferous species which does not
qualify as a "tree" under the definitions of this chapter; and
D. Utility and cable companies undertaking emergency tree work to restore
service or spot work to prevent interruption of electrical, telephone,
telegraph, cable TV, Internet, or other wire or cellular services,
provided that such utility or cable company has complied with notice
provisions.
Nothing in this chapter shall be construed to make the Borough,
any Borough employee, the PSTAB, any PSTAB member, or the Tree Officer
responsible for the death or injury of any person, or for injury to
any property or tree. Liability for any such death, injury or property
damage shall be governed by relevant provisions of the New Jersey
Tort Claims Act (N.J.S.A. 59:1-1).