The intent and purpose of this chapter is to establish rules
and regulations for the stewardship of trees and shrubs within the
Borough of Bradley Beach, on both public and private property, and
more specifically, for the care and protection of trees and shrubs,
preservation of the maximum number of trees and shrubs, safeguarding
of heritage, specimen and significant trees and replacement of removed
or destroyed trees.
As used in this chapter, the following terms shall have the
following definitions:
The fund established and maintained by the Borough pursuant to § 24-33 of this Code.
The diameter of the trunk of a tree measured at a point six
inches above ground level.
The upper and outermost part of a tree created by the tree's
crown and shall mean, in the case of contiguous trees, the upper and
outermost parts of the trees' crowns.
The Shade Tree Commission of the Borough of Bradley Beach,
including any of its duly appointed members and any of its duly authorized
agents or employees.
The upper mass or head of a tree created by its branches
and leaves.
Any woody plant with a main stem or multiple stems with branches
protruding above the root flare and that seasonally loses its leaves.
To kill or damage irreparably, which shall include, but not
be limited to: damage inflicted to the root system by machinery, storage
of materials, soil compaction or change of natural grade above or
below the root system or around the trunk; damage inflicted on the
tree permitting fungus, pests or other infestation; excessive pruning
or thinning not in conformance with American National Standards Institute
(ANSI) standards, leading to a failure to thrive; paving over the
root system with any impervious materials within such proximity as
to be fatally harmful to the tree; or application of any substance
toxic to the tree or causing the tree to be exposed to any such substance
level.
The diameter of the trunk of a tree measured at a point 4Â 1/2
feet about ground level on the downhill side of the tree.
An imaginary line on the surface and subsurface of the ground
delineated by the outer limits of the branches of a tree and measured
plumb from the branches to the ground. When the outer limits of the
branches are indistinct or otherwise unclear, the drip line shall
be presumed to be located 1Â 1/2 feet from the center of the trunk
of a tree for each inch of the trunk DBH. For trees with multiple
trunks, the drip line of each trunk shall be measured separately.
A tree with foliage that remains green and functional throughout
the year.
A tree native to, or adapted to, climatic conditions of this
area (e.g., oak, maple, sycamore), having a trunk diameter of 25 inches
or more measured at four feet above the ground. For this area, such
a tree would be at least 100 years old.
A tree whether single or multistemmed and growing to a maximum
height of 25 feet.
Written permission of the licensed tree expert or the Commission.
Whenever, pursuant to any provision of this chapter, the licensed
tree expert or Commission shall have occasion to pass upon an application
for a permit, they shall, in determining whether or not to issue such
permit, take into consideration the nature, species, size, age and
condition of any tree involved; the location thereof in the street
or park; the planting, care, protection, maintenance, or removal procedures
involved; the public safety and welfare; and the improvement and advancement
of the shade tree plan or program of the Commission.
Any individual, firm, partnership, or corporation, or any
combination thereof, which shall be construed to designate the plural
as well as the singular.
The land between the curb and the sidewalk. The planting
strip is part of the Borough right-of-way.
In the case of a deciduous tree, a tree which measures at
least 2Â 1/2 inches in caliper, and in the case of an evergreen
tree, a tree which measures at least six feet in height measured from
grade. In all cases, the replacement tree shall be of a species and
size appropriate for the premises on which it will be planted. Replacement
nursery stock shall adhere to the American Standard for Nursery Stock
(ANSI Z60.1).
Any woody plant with persistent stems protruding from grade
level.
A tree or grove of trees recognized as significant by the
shade tree commission or enforcement officer on the basis of specimen,
quality, historical significance, location, size or other unique characteristics.
Any tree equal to at least 80% of the size of those listed
on the "Champion Big Tree Register" of the New Jersey Community Forestry
Program in the Department of Environmental Protection's Division of
Parks and Forestry, or any tree actually listed on the "Champion Big
Tree Register."
Any road, avenue, street, or highway dedicated to the public
use for street purpose. A "street" shall be deemed to include all
portions lying between the dedicated or established right-of-way and/or
planting easement thereof, said lines being identical with the front
property lines of lands abutting the street.
Any woody plant with a main stem or multiple stems with branches
protruding above the root flare, which includes all deciduous, ornamental
and evergreen trees.
The area within the "drip line" of a tree, as that term is
defined hereinabove.
