[Ord. No. 06-2728 § 1; Ord. No. 2015-3092]
BUILDING
Shall mean a combination of materials to form a construction
adapted to permanent, temporary or continuous occupancy and having
a roof.
CITY FORESTER
Shall mean a person appointed by the City to supervise and
insure the conservation, protection and care of trees, shrubs, and
soil within the City, and having otherwise the scope of duties and
authority provided for herein. It shall also include those persons
working under his or her supervision or authorized by him or her to
carry out the duties and obligations assigned to him or her.
CITY SHRUB
Shall mean a shrub located on land owned by the City, the
Board of Education, the Board of Recreation, or other municipal body,
or which is otherwise located on a street, highway, right-of-way,
or parkway.
CITY TREE
Shall mean a tree located on land owned by the City, the
Board of Education, the Board of Recreation, or other municipal body,
or which is located on a street, highway, right-of-way, or parkway.
DBH (DIAMETER AT BREAST HEIGHT)
Shall mean the diameter of tree trunks at a height of four
feet six (4'6") inches from the finished grade at the base of the
tree.
DRIPLINE
Shall mean 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.
EMERGENCY
Shall mean an event or events, disease or condition which
has damaged or destroyed a tree or trees, such that the continued
presence of such damaged or destroyed tree or trees imminently threatens
life or property in proximity thereto.
ENFORCEMENT OFFICER
Shall mean the Director of Community Services, the Public
Works Manager, the City Forester, the Superintendent of Parks, or
his/her duly authorized representative.
HAZARDOUS TREE
Shall mean any tree that receives an 11 or 12 rating under
the International Society of Arboricultural rating method set forth
in Hazard Tree
ANALYSIS FOR URBAN AREAS
(Copies of this manual are available for reference from the
City Forester) and may also mean any tree that receives a 9 or 10
rating, at the discretion of the City Forester.
LANDMARK TREE
Shall mean any tree designated and identified as such by
the City Forester or any other person designated by the Summit Common
Council, in each case pursuant to the standards set forth in this
chapter, and affirmed by resolution of the Summit Common Council.
MANAGEMENT PLAN
Shall mean a plan for the management of timbered or forested
lands developed by the New Jersey Department of Environmental Protection,
Bureau of Forestry, or similar State or Federal agency of the City
Forester.
PERIMETER
Shall mean the area of an individual property that is outside
the building envelope and outside the permitted areas for accessory
structures as defined and regulated in the Development Regulation
Ordinances of Summit in effect from time to time.
PRIVATE TREE
Shall mean any tree other than a City tree as defined above.
PROTECTIVE BARRIER
Shall mean a barrier constructed to protect the root system
or trunk of a tree from damage.
REPLACEMENT TREE
Shall mean a certified tree, properly balled and marked with
a label indicating genus, species and variety, and acceptable to the
City Forester.
SIGNIFICANT TREE
Shall mean (i) any healthy woody perennial plant (species
found commonly in Summit are: tulip, oak, maple, beech, linden, sweet
gum, black gum, locust and hickory) having a sixteen (16) inch DBH;
or (ii) any landmark tree. The diameter of trees composed of multiple
stems or trunks shall be the sum total of each individual stem or
trunk at DBH.
SPECIMEN TREE
Shall mean a tree of at least twelve (12) inches DBH that
possesses distinctive form, size or age, and that has good aesthetic
value, and including, without limitation, small hardwoods such as
dogwood, and redbud.
TREE
Shall mean any deciduous or coniferous species which (i)
reaches a typical mature height of twelve (12) feet or more, and (ii)
has a typical DBH of four (4) inches or greater at maturity.
TREE REMOVAL PERMIT
Shall mean a license issued by the Department of Community
Services to remove or destroy a tree or trees.
TREE REPLACEMENT COST
Shall mean the average of the "bid" costs for all types of
trees purchased by the City of Summit in its most recent planting
program.
[Ord. No. 06-2728 § 1]
No person shall cut or remove, or cause or permit to be cut or removed, any private tree that is a significant tree within the City of Summit except in compliance with this Chapter
29.
a. Tree Removal Permit Required. Subject to the exemptions listed in Section
29-6, no person shall cut or remove, or cause or permit to be cut or removed, any private tree that is a significant tree for any reason on any land within the perimeter of their property within the City of Summit unless the person shall have first obtained a Tree Removal Permit in accordance with the regulations and provisions of this chapter; provided, however, that significant tree(s) may be removed without a validly issued Tree Removal Permit in the case of an emergency removal, as described in Section
29-8c.
b. Standards for Issuing Tree Removal Permit.
1. Within ten (10) business days of receipt of an application for cutting
or removal of trees, the City Forester shall inspect the site on which
are located the significant tree(s) sought to be cut or removed and
shall make an assessment of whether the proposed removal would constitute
a significant change in the screening between existing or proposed
buildings on contiguous lots.
2. No Tree Removal Permit shall be issued for the removal of a healthy
Landmark Tree(s) that can be preserved through pruning, feeding, cabling,
spraying, or other such means as the City Forester determines may
be reasonably undertaken.
3. No Tree Removal Permit shall be issued without first being approved
by the City Forester.
[Ord. No. 06-2728 § 1]
Any destruction or removal of trees, except Landmark Trees,
shall be exempt from the provisions of this chapter if the trees sought
for destruction or removal are:
a. Growing on property actually being used as a nursery, garden center
or orchard, or
b. Removed in accordance with a management plan developed by a recognized
State or Federal environmental protection authority, provided that
a copy of such plan is filed with the Department of Community Services.
c. Any tree located on publicly owned land and removed by the public
agency or its representatives.
d. Dead or diseased or hazardous trees upon certification by a New Jersey
Certified Tree Expert.
e. Any private tree that is not a significant tree.
f. Trees subject to the emergency removal process described in Section
29-8 of this chapter.
[Ord. No. 06-2728 § 1]
Any person aggrieved by the decision of the City Forester shall
have the right to appeal such decision to the City of Summit's Shade
Tree Advisory Committee. Such appeal shall be by written notice stating
the reason(s) upon which the appeal is based, and filed with the Department
of Community Services within fourteen (14) business days of the decision
of the City Forester.
The Shade Tree Advisory Committee shall hear the matter, upon
notice to the applicant, within forty-five (45) days after filing
of the notice of appeal. The Shade Tree Advisory Committee may in
its discretion and upon complete review of the application and after
hearing the testimony of the City Forester, the applicant, and such
other experts as may be appropriate, reverse, modify or affirm the
aforesaid decision. The Shade Tree Advisory Committee shall forward
its recommendation to the Department of Community Services for final
approval and/or determination.
[Ord. No. 06-2728 § 1]
The City Forester shall make an annual report to the Common
Council as to the Tree Removal Permits granted and refused by him
in each calendar year pursuant to this chapter. Such report shall
be supplied on or before March 31 of each year as to the preceding
year.