Public Township Council Meeting — Packet

DRAFT PROPOSED REVISIONS – OCTOBER 2011 trees, the environment, and owners of real property who would be affected adversely by the removal of trees from property belonging to another person. The issuance of permits is a procedure designed to effectuate these goals. (Ord. No. 2177-08 § 1) 25-27.3 Definitions. The following definitions shall apply to this chapter: Conservation easement shall mean a legal covenant restricting the use of land or natural features of the land that is described in the property deed and shown on a filed plat. DBH shall mean the measurement of the diameter of the trunk of a tree planted in the ground taken four and one-half (4.5) feet from ground level on the uphill side of the tree. Development application shall mean an application filed with the Township Planning Board or Board of Adjustment pursuant to the Municipal Land Use Law and the Township land development ordinances for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-3. Drip line shall mean a vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground beneath. Endangered or threatened species shall mean any species of tree or animal which has been determined by the Federal Fish and Wildlife Service or the State of New Jersey to be endangered or threatened. Improved lot shall mean a single parcel of land with a residential or commercial structure, that is occupied pursuant to and in compliance with all applicable laws and regulations. Land Use Board shall mean the Planning Board or Zoning Board of Adjustment of the Township of West Orange. Major tree shall mean a tree species with a mature height of at least fifty (50) feet, which shall be at least a two and one-half (2.5) inch caliper at the time of planting. Minor tree shall mean an evergreen tree, ornamental tree or other small tree at least six (6) feet in height at the time of planting. Nonviable tree shall mean a tree that the officer certifies is dead, dying, diseased or too damaged to survive. Officer shall mean the person primarily responsible for enforcing this chapter and who is qualified to do so by having the status of a New Jersey Approved Forester, New Jersey

amaged to survive. Officer shall mean the person primarily responsible for enforcing this chapter and who is qualified to do so by having the status of a New Jersey Approved Forester, New Jersey Certified Tree Expert, or an International Society of Arboriculture Approved Arborist, employed by, or appointed by, the Township of West Orange to implement this chapter and to carry out other related responsibilities as the Township may provide, including, but not limited to, developing and recommending to the Council a Township Woodlands Retention and Protection Plan and a Township Tree Inventory and Planting Schedule. Person shall mean the owner of a parcel of real estate or any other individual, group, company, firm, corporation, partnership, association, society or other legal entity. Qualified tree expert shall mean a New Jersey Licensed Landscape Architect, New Jersey Approved Forester, New Jersey Certified Tree Expert, or International Society of Arboriculture Approved Arborist. Replacement tree shall mean a tree of a species approved by the officer and of nursery grade, properly balled and burlapped, meeting the minimum measurements of a major or minor tree, respectively. 145