The terms below as used in this article shall have the meanings
established by the International Society of Arboriculture, as supplemented
below:
CALIPER: ANSI Z60 FOR NURSERY STOCK
"Caliper" is a type of diameter measurement used in the nursery
industry. The height measurement shall be taken from ground level
for field-grown stock and from the soil line for container-grown stock,
which should be at or near the top of the root flare. Caliper measurement
of the trunk shall be taken six inches above the top of root flare
up to and including four-inch caliper size. If the caliper at six
inches above the ground exceeds four inches, the caliper should be
measured at 12 inches above the top of root flare. Seldom are tree
trunks perfectly round. The most accurate measurement will result
from the use of a diameter tape. Caliper measurements taken with manual
or electronic slot or pincer type caliper tools should be the average
of the smallest and largest measurements.
DRIP LINE
The line formed by water dripping from the outermost branches
of a tree.
EMERGENCY
Any event or condition which has damaged or destroyed a tree,
such that the continued presence of such damaged or destroyed tree
imminently threatens harm to life or property in proximity thereto.
OWNER
Any person having title or lawful possession of any lot,
plot or parcel of land within the City.
PRIVATE TREE
Any tree located on private land within the City.
PROTECTIVE BARRIER
A barrier constructed to protect the root system or trunk
of a tree from damage.
PUBLIC TREE
Any tree located on lands owned, or leased by the City of
Union City or any of the public entities or subdivisions created by
the City of Union City including, but not limited to, the Parking
Authority and Housing Authority.
TREE
A.
Any living deciduous tree having a DBH greater than two inches
diameter. A deciduous tree is a tree which shades foliage at the end
of the growing season, or some other specific stage of the growing
season.
B.
Any living coniferous tree having a DBH greater than four inches
diameter. A coniferous tree is a cone-bearing tree (for example, an
evergreen is a coniferous tree).
C.
Any living dogwood (cornus florida) or American Holly (ilex
opaca) having a DBH of one inch or greater diameter.
TREE ESCROW FUND
A fund established by the governing body for the administration
and promotion of tree and shrubbery resource sustainability projects
and practices which may be consistent with the Community Stewardship
Incentive Program as outlined within the New Jersey Shade Tree and
Community Forestry Assistance Act, N.J.S.A. § 13:1L-17.1
et seq.
TREE REMOVAL PERMIT
The permit issued by the Shade Tree Committee or its designee
to remove or destroy a tree or trees.
TREE SPECIALIST
A.
The Mayor shall appoint a Tree Specialist. This individual shall
be responsible for the inspection of sites for which application(s)
are filed under this article. This individual will be responsible
for the administration and protection requirements of this article
and enforcement of the article as directed by the Shade Tree Commission.
B.
A Tree Specialist is either of the following:
(1)
A forester who shall have a bachelor's degree in forestry
or arboriculture from a college or university, shall be certified
as a certified tree expert by the State of New Jersey and shall have
a minimum of three years' experience in planting, care and maintenance
of trees. The forester shall have the responsibility of reviewing
an approved forest management plan and inspecting the forested site
for plan compliance if requested by the Tax Assessor.
(a)
A conservation officer who shall be certified as a certified
tree expert by the State of New Jersey and shall have a minimum of
three years' experience in planting, care and maintenance of
trees.
(2)
The Tree Specialist shall be paid from the Tree Escrow Fund,
which is established herein, and shall be paid in accordance with
a fee schedule established by contract with the municipality.
It shall be unlawful to commit any of the following acts against
any public tree without prior written permission from the public entity
responsible for the public tree:
A. Cut, prune, break, injure, alter or remove any public tree; or cut,
unduly disturb, or interfere in any way with any root of a public
tree.
B. Spray any public tree with a chemical.
C. Fasten any rope, wire, sign or other device to a public tree or to
any guard about the public tree.
D. Remove or injure any guard or device placed to protect any public
tree.
E. Close or obstruct any open spaces found about the base of a public
tree which permits the base or roots of a public tree access to air,
water and/or fertilizer.
F. String any wires or lines through a public park.
G. Any public utility required to prune any public trees so that it
can obtain required line clearances for overhead utility wires may
file annually for a permit to perform pruning. In addition, the public
utility must notify the City when pruning activities will take place
by way of a writing describing the proposed pruning activities and
the location of same served upon the Tree Specialist at least 30 days
prior to the proposed pruning activity. The proposed pruning activity
shall only take place upon approval by the Tree Specialist. The fee
for the annual permit shall be $100.
The Tree Supervisor/Tree Specialist shall report to the Board
of Commissioners on an annual basis the number of permits granted
and refused in each calendar year pursuant to this article. Such report
shall be supplied by March 31 annually for the preceding year.