[Added 8-27-2024 by Ord. No. 15-2024]
The following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this chapter 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.
APPLICANTMeans any "person," as defined below, who applies for approval to remove trees regulated under this chapter.
CRITICAL ROOT RADIUS (CRR)Means 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-inch DBH would have a CRR = 6" x 1.5' = 9'.
DIAMETER AT BREAST HEIGHT (DBH)Means the diameter of the trunk of a mature tree generally measured at a point 4 1/2 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 TREEMeans 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. All hazard tree determinations must be made as specified below:
a. Has an infectious disease or insect infestation that requires removal as determined by a Borough official;
Is dead or dying as determined by a Borough official;
Obstructs the view of traffic signs or the free passage of pedestrians or vehicles, where pruning attempts have not been effective as determined by the Public Works Department;
Is causing obvious damage to structures (such as building foundations, sidewalks, etc.) as determined by a Borough official;
Is determined to be a threat to public health, safety, and/or welfare by a Borough official. This includes storm-damaged fallen or broken trees; or
Is an invasive or prohibited species listed on the Environmental Commission's list of Prohibited Non-native Trees and Woody Plants as determined by a Borough official.
MUNICIPAL RIGHT-OF-WAYMeans the surface of, and the space above or below, any public street, road, lane, public way or place, sidewalk, alley, boulevard, parkway, drive, and the like, held by the Borough as an easement or in fee simply ownership. This term also includes rights-of-way held by the County of Cape May where the Borough's approval is required for the use of same pursuant to N.J.S.A. 27:16-6.
NATIVE TREEMeans a tree listed on the Environmental Commission's list of Native Trees and Woody Plants and/or those so listed in Appendix A.
PERSONMeans any individual, resident, corporation, utility, company, partnership, firm, or association.
PLANTING STRIPMeans 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. The width of the right-of-way is not standard and must be determined by a municipal official of the Borough or by a property survey.
RESIDENTMeans 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 chapter is removed or proposed to be removed.
STREET TREEMeans a tree planted in the sidewalk, planting strip, and/or in the public right-of-way adjacent to (or specified distance from) the portion of the street reserved for vehicular traffic. This also includes trees planted in planting strips within the roadway right-of-way, i.e., islands, medians, pedestrian refuges.
TREEMeans 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 CALIPERMeans 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 COMMITTEEMeans the administrative body for the Borough's Community Forestry Management Plan. It consists of the Commissioner of Public Works, Parks & Public Property, the Public Works Supervisor, one or two Environmental Commission members, and other employees or volunteers who have completed state-required training.
TREE REMOVALMeans to cut down, kill, or 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.
