[Adopted by the Shade Tree Commission 3-14-1961 (Ch. 171 of the 1981 Code)]
As used in this article, the following terms shall have the
meanings indicated:
PERSON
Every person, firm, association, partnership, corporation
and individual.
SHADE TREE
Shade and ornamental trees and shrubbery now located or which
may hereafter be planted in any public highway, park or parkway or
area between sidewalk and curbs of public streets in the Township,
except those located or planted on county highways, parks and parkways
and state highways.
SHADE TREE COMMISSION
The Shade Tree Commission of the Township of Verona and its
duly authorized representatives.
STREET
All streets, roads, roadways, public highways, parks or parkways,
public alleys, public places in the Township, except county parks,
parkways and highways and state highways.
No person, firm or corporation is permitted to lay any sidewalk
along or to open, construct, curb or pave any street or do any like
act so as to interfere with or do injury to any highway shade tree
without the consent of the Shade Tree Commission.
Any person requesting the removal or transplanting of any shade
tree must obtain written approval from the Shade Tree Commission,
which removal or transplanting, in the opinion of the Commission,
is of no advantage to the general public but to said person requesting
the work, then such person shall pay the cost of such work, said costs
to be determined by the Shade Tree Commission. Said cost of removal
or transplanting of a shade tree shall be based upon the size and
condition of the tree. A deposit sufficient to cover the cost of said
work shall be made before the work is started.
The Shade Tree Commission may move or require the removal of
any tree or part thereof dangerous to public safety at the expense
of the owner of such tree, upon first serving written notice to the
owner of said tree that same will be removed unless the owner removes
same within one week from the date of said notice.
No shade or ornamental tree or shrub shall be planted by anyone
but a representative of the Shade Tree Commission in any of the public
highways of this Township.
No person shall prevent, delay or in any manner interfere with
the Shade Tree Commission or its authorized agents or representatives
in the performance of their lawful duties.
In addition to the foregoing powers, the Shade Tree Commission
shall have any and all such powers granted to it by N.J.S.A. 40:64-1
through 40:64-14.
Where the permission, consent or approval of the Shade Tree
Commission is required by the provisions of this article, any person,
firm or corporation required to obtain such permission, consent or
approval shall first make application therefor to the Shade Tree Commission,
Township of Verona, County of Essex.
[Amended 4-2-2012 by Ord.
No. 1-12]; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)
Any person who violates any of the provisions of this article shall, upon conviction thereof, be subject to the penalties set forth in Chapter
1, Article
II, General Penalty, of the Township Code.
[Added 4-2-2012 by Ord.
No. 1-12]
In addition to the penalties authorized by §
493-15 of this article, the Shade Tree Commission may require a person who removes or otherwise destroys a tree in violation of a municipal ordinance to pay a replacement assessment to the municipality. The replacement assessment shall be the value of the tree as determined by the appraisal of a trained forester or certified tree expert retained by the Shade Tree Commission for that purpose. In lieu of an appraisal, the Commission may adopt a formula and schedule based upon the number of square inches contained in a cross section of the trunk of the tree multiplied by a predetermined value per square inch, not to exceed $27 per square inch. The square-inch cross section shall be calculated from the diameter at breast height and, if there is a multiple-stem tree, then each trunk shall be measured and an average shall be determined for the tree. For purposes of this article, "diameter at breast height" shall mean the diameter of the tree taken at a point 4 1/2 feet above ground level. The Shade Tree Commission shall modify the value of the tree based upon its species, variety, location and its condition at the time of removal or destruction.
[Adopted 10-21-2019 by Ord. No. 2019-34; amended in its entirety 2-6-2023 by Ord. No. 2023-06]
As used in this article, the terms hereafter set forth shall
be defined and deemed to have the following meanings:
CALIPER
The diameter of a tree trunk measured in inches at the height
of 4 1/2 feet above ground level on the downhill side of the
tree. When multiplied, trunks are joined together below a height of
four feet, the caliper shall be deemed to be 75% of the sum of the
calipers of the individual joined trunks.
DEAD TREE
A tree that has ceased to function physiologically. Such
tree is typically devoid of leaves and may have lost bark.
DIAMETER AT POINT OF MEASUREMENT or DPM
The diameter of a tree measured 4 1/2 feet (forestry
method) above the ground level on the downhill side for existing trees.
Trees utilized in the replacement of existing trees or proposed as
part of a landscape plan shall be measured 12 inches above ground
level for trees over a four-inch diameter, and the measurement shall
be six inches above grade for trees up to four-inch diameter (nursery
method).
DISEASED TREE
A tree that is terminally infested with fungus, virus or
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 tip of
the outermost branch of the tree.
EXTRAORDINARY TREE
Any tree with a DPM of 36 inches or greater or any tree designated
by the Township Council as an historic or landmark tree and such other
trees or species of tree as the Council may, from time to time, designate
as an extraordinary tree.
MANAGEMENT PLAN
Plan for the management of timbered or forested lands developed
by the New Jersey Department of Environmental Protection (DEP), Bureau
of Forestry, or similar state or federal agency.
MATURE TREE
Any deciduous tree that has a caliper at the point of measurement
of six inches or more or any coniferous tree with a height of more
than 10 feet.
REPLACEMENT TREE
A nursery-grown certified tree, having a caliper of no less
than two inches if deciduous or a height of no less than five feet
above the root ball if coniferous, properly balled and burlapped,
and marked with a durable label indicating genus, species, and variety,
and satisfying the standards for nursery stock and installation thereof
set forth by the American Association of Nurserymen. Native species
are encouraged to be used whenever possible. Nonbiodegradable materials
such as plastic must be removed.
ROOT PROTECTION ZONE
An area extending 360° around a tree trunk for the greater
of either the distance from the tree trunk to the dripline or a distance
equal to caliper multiplied by one foot (12 inches), but never less
than eight feet in radius.
SHADE TREE COMMISSION or STC
The Shade Tree Commission of the Township of Verona, including
any of its duly appointed members and alternates and any of its duly
authorized agents, contractors, consultants, or employees.
SIGNIFICANT TREE
A deciduous tree with a caliper that is then greater than
20 inches, or a coniferous tree with a height that is then greater
than 30 feet; provided, however, that a Dogwood with a then caliper
in excess of five inches shall be considered a significant tree.
TOWNSHIP FORESTER
A person employed by the Township who is certified by the
State of New Jersey as a licensed tree expert (LTE) and has a minimum
of three years of experience in the planting, care and maintenance
of trees.
TREE OF HEAVEN (Ailanthus altissima)
Rapidly growing deciduous tree with an aggressive root system
that has become a widespread invasive species across North America.
Harbors and supports the spotted lanternfly.
All tree removal permits shall expire one year from the date
of issuance. If the approved tree removal has not occurred within
one year, a new permit must be applied for and is subject to the payment
of new application fees.
Any applicant aggrieved by the Zoning Official's rejection
of an application for a tree removal permit or other determination
made under this article may appeal the determination to the Planning
Board by filing the appeal with the Secretary of the Planning Board
within 10 days of the determination of the Zoning Official. The Planning
Board shall hear the appeal within 30 days and may affirm, reverse,
or modify the determination of the Zoning Official by setting forth
a resolution with the Board's holding and the reasons for its
result.