Definitions. The following terms, phrases, words, and their derivations
shall have the meanings stated herein unless their use in the text
of this section clearly demonstrates a different meaning. When consistent
with the context, words used in the present tense include the future,
words used in the plural number include the singular number, and words
used in the singular number include the plural number. The use of
the word "shall" means the requirement is always mandatory and not
merely directory.
APPLICANT
Shall mean any "person", as defined below, who applies for
approval to remove trees regulated under this section.
ASBURY PARK TREE REPLACEMENT FUND
Shall mean a fund established by the City of Asbury Park
for the express purpose of planting and maintaining trees on public
property. The fund may also be used for consulting fees for administration
of the Tree Removal and Replacement Ordinance.
CITY
Shall mean the City of Asbury Park.
CRITICAL ROOT RADIUS (CRR)
Shall mean the zone around the base of a tree where the majority
of the root system is found. This zone is calculated by multiplying
the diameter at breast height (DBH) of the tree by 1.5 feet. For example:
a tree with a six inches DBH would have a CRR = 6"x1.5' = 9'.
DIAMETER AT BREAST HEIGHT (DBH)
Shall mean the diameter of the trunk of a mature tree generally
measured at a point four and a half feet above ground level from the
uphill side of the tree. For species of trees where the main trunk
divides below the 4 1/2 foot height, the DBH shall be measured
at the highest point before any division.
HAZARD TREE
Shall mean a tree or limbs thereof that meet one or more
of the criteria below. Trees that do not meet any of the criteria
below and are proposed to be removed solely for development purposes
are not hazard trees.
1.
Has an infectious disease or insect infestation;
3.
Obstructs the view of traffic signs or the free passage of pedestrians
or vehicles, where pruning attempts have not been effective;
4.
Is causing obvious damage to structures not able to be repaired
or remediated by other means; or
5.
Is determined to be a threat to public health, safety, and/or
welfare by a certified arborist or Licensed Tree Expert (LTE).
INVASIVE TREES
Shall mean species of trees introduced deliberately or unintentionally
outside their natural habitats where they have the ability to establish
themselves, invade, out- compete natives and take over the new environments.
Invasive trees are those trees recognized by the New Jersey Department
of Environmental Protection and those on the most recent New Jersey
Invasive Species Strike Team "Do Not Plant List."
PERSON
Shall mean any individual, resident, corporation, utility,
company, partnership, firm, or association.
PLANTING STRIP
Shall mean the part of a street right-of-way between the
public right-of-way and the portion of the street reserved for vehicular
traffic or between the abutting property line and the curb or traveled
portion of the street, exclusive of any sidewalk.
RESIDENT
Shall mean an individual who resides on the residential property
or contractor hired by the individual who resides on the residential
property where a tree(s) regulated by this section is removed or proposed
to be removed.
STREET TREE
Shall mean a tree planted in the sidewalk, planting strip,
and/or in the public right-of-way. This also includes trees planted
in planting strips within the roadway right-of-way, i.e., islands,
medians, pedestrian refuges.
TREE
Shall mean a woody perennial plant, typically having a single
stem or trunk growing to a considerable height and bearing lateral
branches at some distance from the ground.
TREE CALIPER
Shall mean the diameter of the trunk of a young tree, measured
six inches from the soil line. For young trees whose caliper exceeds
four inches, the measurement is taken 12 inches above the soil line.
TREE REMOVAL
Shall mean to kill or to cause irreparable damage that leads
to the decline and/or death of a tree. This includes, but is not limited
to, excessive pruning, application of substances that are toxic to
the tree, over-mulching or improper mulching, and improper grading
and/or soil compaction within the critical root radius around the
base of the tree that leads to the decline and/or death of a tree.
Removal does not include responsible pruning and maintenance of a
tree, or the application of treatments intended to manage invasive
species.