As used in this chapter, the following terms shall have the
meanings indicated:
CALIPER
The diameter of a tree as measured by an approved forestry
method or a nursery method, constituting the standard measure of tree
size for trees to be newly planted or removed.
CLEAR CUTTING
The removal of all standing trees on a lot or portion of
a lot.
COMMISSION
The Ewing Township Environmental Commission.
CONIFEROUS TREE
A tree, most frequently evergreen, which bears cone fruits,
such as junipers and pines.
DEAD TREE
A tree which has ceased to physiologically function. Dead
trees typically are devoid of leaves and have loose bark.
DECIDUOUS TREE
Tree whose leaves drop off at the end of each growing season.
DIAMETER AT POINT OF MEASUREMENT (DPM)
The diameter of a tree measured 4.5 feet (forestry method)
above ground level, on the downhill side of existing trees. Trees
used for the replacement of existing trees, or proposed in a landscape
plan, shall be measured 12 inches above ground level for trees over
four inches in caliper; the measurement shall be six inches above
ground level for trees up to four-inch caliper (nursery method).
DRIPLINE
An imaginary limiting line which connects the outermost branches
of an existing tree projected vertically onto the ground in a circular
area which must not be less than six feet from the trunk.
EVERGREEN TREE
A tree whose foliage remains on the tree throughout the entire
year.
EXEMPT AREA
The lot area as provided in this chapter for which tree replacement
shall not be required.
HISTORIC/LANDMARK TREE
Any tree that has been found to be of notable historic importance
or interest to the Township because of its age, type, size, or historic
association, and which has been so designated by the Township and
therefore constitutes an important community resource. This definition
includes trees determined to be of unique historical value by the
New Jersey Department of Environmental Protection.
INVASIVE TREES (JUNK TREES)
Species of tree, including but not limited to those species listed in Attachment 9 to Chapter
215, which is invasive to the Mid-Atlantic Region, grows aggressively, spreads and displaces other plants, and whose introduction causes or is likely to cause economic or environmental harm or harm to human health. Generally, these trees do not require a permit for removal upon notice provided to the Township.
LAND USE BOARD
The Ewing Township Planning Board or Zoning Board of Adjustment.
LIMIT OF DISTURBANCE LINE
A boundary, marked on a site plan and flagged on a property,
beyond which no machinery can pass, no grading will be performed,
and no vegetation will be cleared; nothing will be disturbed beyond
that boundary.
MUNICIPAL LAND
Any property owned by the Township, including but not limited
to public parks, public schools, public buildings and the surrounding
property, and any lot or right of way for streets, sidewalks, walkways
or municipal utilities except for sanitary sewers and storm sewers
on developed lots. For the purpose of this chapter, a right-of-way
for streets, sidewalks, walkways or municipal utility which is dedicated
for public use on a subdivision plot approved by the Township shall
be deemed to be property owned by the Township, county or state only
upon and after the formal acceptance of such right-of- way by the
same.
MUNICIPAL TREE PLANTING AND PRESERVATION FUND
A monetary fund established in accordance with the dedication
by rider approval granted by the New Jersey Department of Community
Affairs, to serve as the depository for all moneys which are received
by the Township, either by way of contributions for purposes of preserving
or reforesting trees within the Township and any and all fees and
payments received pursuant to this chapter, including funds collected
as contribution in lieu of tree replacement. This fund shall be separately
maintained by the Township for the purpose of reestablishing and maintaining
tree cover through the Township or for other purposes, in consultation
with the Commission, not inconsistent with the purposes of this chapter.
OPEN SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use and enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open spaces, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designated
to be incidental to the natural openness of the land.
PARK TREES
Trees, shrubs, and all other woody vegetation in public parks
having individual names and areas owned by the Township, or to which
the public has free access as a park.
PERSON
Any individual, firm, partnership, corporation, company,
association, or other legal entity other than the Township, including
any trustee, receiver, assignee or other similar representative.
REPLACEMENT TREE
A nursery-grown certified tree, properly balled and burlapped,
container grown or bare root, and marked with a durable label indicating
genus, species and variety, satisfying the standards established for
nursery stock and installation thereof, set forth by the most recent
publications of the American Association of Nurserymen.
RESIDENTIAL TREE PLANTING PROGRAM
A program that shall provide replacement trees to individual
residents and community groups to be planted on private property,
utilizing funds from the Municipal Tree Planting and Preservation
Fund.
SILVICULTURE
The management of any forested tract of land to ensure its
continued survival and welfare, whether for commercial or noncommercial
purposes, pursuant to a plan approved by the New Jersey Department
of Environmental Protection, New Jersey Forest Service.
SITE PLAN
A development plan of one or more lots, as defined under §
215-8.
SLASH
The forest debris remaining after a tree removal operation.
SPECIMEN TREE
A tree of unique ecological value that constitutes an important
community resource, and which has been so designated by the Township,
including an especially old or large tree of a diameter DPM of 30
inches or greater; a coniferous tree greater than 100 feet in height;
a tree of any size listed as a rare, threatened or endangered species
by the New Jersey Department of Environmental Protection; a dogwood
(Cornus Florida) greater than four inches DPM; a tree of 100 or more
years of age; a tree with foliage of an unusual quality for a tree
of its species; or a tree that occupies a location which confers special
shade tree, fragrance, erosion control, aesthetic, scenic enhancement,
historic, preservation or cultural values to the community.
STREET LINE
The edge of an existing or future right-of-way, as defined under §
215-8.
STREET TREES
Street trees are shade trees on lands lining both or either
side of all streets, avenues or ways within the Township planted within
the right-of-way or adjacent to the right-of-way on private property
comprising a "complete street" design intention creating uniformity
along the street edge (5 to 10 feet off the sidewalk).
SUBDIVISION
The division of a lot, tract or parcel of land, as defined under §
215-8.
THINNING
The removal of undesirable, invasive, diseased or damaged
trees so as to cultivate and improve the quality of a tree stand or
the development of remaining trees on a lot.
TOPPING
The severe cutting back of limbs to stubs larger than three
inches in diameter within the tree's crown to such a degree as
to remove the normal canopy and disfigure the tree.
TREE
Any deciduous or coniferous species which reaches a mature
height of 12 feet or more and has a DPM of four inches or greater.
TREE REMOVAL
In addition to cutting down a tree in its entirety, "removal"
shall include damage inflicted to a tree which will result in its
death, such as damage inflicted to the root system by machinery, storage
of materials and soil compaction, change of natural grade above or
below the root system, excessive pruning or thinning, paving over
the root system, application of poisons or herbicides, and damage
to the bark. Stumps must always be removed, unless circumstances prohibit,
and be disposed of properly and not buried on the property.
TREE REMOVAL PERMIT
A permit to remove trees, issued by the Administrative Officer
after review and approval of an application for removal and replacement
of trees in accordance with the provisions of this chapter.
TREE REPLACEMENT PLAN
A plan for replacement of removed trees in accordance with
the provisions of this chapter.
TREE PROFESSIONAL
Any person who is a Licensed Tree Expert (LTE) and/or arborist
trained to perform expert tree services including pruning, repairing
or removal, tree establishment, fertilization, consulting, diagnosis,
and treatment of tree problems or diseases, management during site
planning and development, tree assessment and risk management, and
application of pesticides or any other form of tree maintenance.
TREE STAND
A large or small group of mixed trees including canopy and
understory with a surrounding shrub and herbaceous layer.
TREE OF VALUE
Generally, any deciduous tree of a diameter of six inches
or greater, and/or conifer with a height of 12 feet or greater. However,
trees whose canopies are part of an established street tree network,
and/or; trees recognized/designated as significant within the Conservation
Element of the Township Master Plan based on historical importance,
rarity, centennial or heritage status, and/or; trees whose canopies
are within 25 feet of New Jersey Department of Environmental Protection
("NJDEP") designated Critical Habitat, wetlands, or other environmental
sensitivity, and/or trees that are part of a stand of trees serving
as habitat, and/or; trees whose canopies are greater than 30 feet
in diameter, may also be considered trees of value because of their
environmental benefit.
The Environmental Commission is intended to be a resource to,
and not a replacement for, the authority of the Administrative Officer
under this chapter or the inspection duties and responsibilities of
the Code Enforcement Office. In connection with this chapter, the
Commission may:
A. Provide advice upon request by to the Code Enforcement Office, Department
of Public Works, Health Department, Planning Board, or Zoning Board.
B. Inspect trees on municipal land and recommend to the Township action
for their care and treatment and removal when in its opinion removal
is necessary.
C. Provide reports and/or notification to the Township any known or
reported cases of disease and/or pest infestations, and otherwise
hazardous conditions within the Township, which in its opinion require
action for the protection and preservation of trees and shrubs on
that site and elsewhere in the Township, including private property
for disease and hazards to the general public.
D. Formulate, review, and/or provide recommendations to the Township,
plans and programs for the planting, care and treatment of trees and
shrubs, including street rights-of-way, walkways, and other easements
and rights-of-way of other entities. Such efforts may be presented
to the Township Planning Board, and upon their acceptance and approval,
and contribute to the official Township of Ewing Master Plan, which
may from time to time facilitate ordinance recommendations consistent
with such plans as allowed for in the Municipal Land Use Law.
E. Develop and distribute to citizens educational information for the
planting, care and maintenance of trees and shrubs through such means
as the Township website, community fest, community kiosks, etc.
F. Consult with a tree professional (or such person certified within
the Department of Public Works) as needed during the development application
review process. Payment for which shall be taken from the Commission
budget, grant, developer escrow when related to a development application,
and/or any environmental improvement funds the Township wishes to
consider. Payment guidelines must be with the consent of the Township
Administration.
G. When requested by the Township Council, Mayor, or Planning Board,
may consider, investigate, make findings of fact, and make recommendations
upon any special matter and/or questions coming within the scope of
its expertise.
H. The Environmental Commission is encouraged to pursue and submit applications
for funding and programs consistent with the objectives set forth
herein with consent of the Township Administration and/or Township
Council as may be required.
Nothing contained in this section shall be deemed to impose
any liability upon the Township, its officers or employees, or members
of the Land Use Board or Commission, nor to relieve the owner of any
property from the duty to keep any tree, shrub or plant on Township-owned
land areas on his property or under his control, including the public
right-of-way, utility, drainage and/or conservation easements, wetlands
restricted areas, floodplains, or wetland buffer in such condition
or to prevent it from constituting a hazard or an impediment to travel
or vision upon any street, park, playground, alley or public place
within the Township.
Penalties for noncompliance with these will be subject to fines and violations as detailed in the Township General Ordinances §
1-17, General provisions.