As used in this chapter:
AGRICULTURAL ACTIVITY
Shall mean farming, including plowage, tillage, cropping,
installation of best management practices, seeding, cultivating, and
harvesting for the production of food and fiber products (except commercial
logging and timber operations); grazing and raising of livestock;
aquaculture; horticultural; nursery; and the cultivation of products
as part of a recognized commercial enterprise.
BUFFERING
Shall mean the use of plant material, or the use of plant
material along with berms, walls or decorative fences that at least
partially and periodically obstruct the view from the street, of parking
areas and their parked cars, and detention ponds.
CALIPER
Shall mean the American Association of Nurserymen standard
for trunk measurement of nursery stock. Caliper of the trunk shall
be taken 12 inches above the ground.
CERTIFIED ARBORIST
Shall mean the tree expert certified by the Board of Tree
Experts, New Jersey Department of Environmental Protection, Division
of Parks and Forestry.
CERTIFIED LANDSCAPE ARCHITECT
Shall mean the person who holds a license to practice landscape
architecture as defined in and in accordance with the state law of
New Jersey.
CIRCULATION
Shall mean the systems, structures and physical improvements
for the movement of people and vehicles.
CLEARING
Shall mean any intentional or negligent act to cut down,
remove all or a substantial part of, or damage a tee or other vegetation
that will cause the tree or other vegetation to decline and/or die.
Such acts shall include but not be limited to damage inflicted upon
the root system of the vegetation by the application of toxic substances,
by the operation of equipment and vehicles, by storage of materials,
by the change of natural grade due to unapproved excavation or filling,
or by the unapproved alteration of natural physical conditions.
CRITICAL ROOT ZONE
Shall mean a region measured outward from a tree trunk representing
the essential area of the roots that must be maintained or protected
for the tree's survival. At a minimum, the area shall be shown
as a circular area around the tree trunk extending 1 1/2 feet
of radial distance for every inch of tree DBH, with a minimum of eight
feet. For trees over 24 inches DBH, a probe shall be used in the field
to determine the extent of the root zone.
CROWN
Shall mean the above ground parts of a tree consisting of
the branches, stems, buds, fruits, and leaves. May also be referred
to as "canopy."
DBH DIAMETER-AT-BREAST HEIGHT
Shall mean a tree trunk diameter measured at a height of
4 1/2 feet above the ground. If a tree splits into multiple trunks
below 4.5 feet, the trunk is measured at its most narrow point beneath
the split.
DETENTION BASIN
Shall mean a basin formed by a barrier or dam constructed
across a waterway or at other suitable locations to intercept and
retain sediment and debris and to temporarily store a determined quantity
of water with a release rate that is either fixed or variable.
DISTURBANCE
Shall mean any activity which involves the clearing, excavating,
storing, grading, filling or transporting of soil or any other activity
which causes soil to be exposed to the danger of erosion.
DRAINAGE
Shall mean interception and removal of ground water or surface
water by artificial or natural means.
DRIPLINE
Shall mean a vertical line extending from the outermost edge
of the tree canopy or shrub branch to the ground.
FOREST/WOODLAND
Shall mean a biological community dominated by trees and
other woody plants covering a land area of 10,000 square feet or greater.
An orchard is not a forest or a woodland.
GROWING SEASON
Shall mean a period of consecutive frost free days as stated
in the current soil survey for the county.
LAND CLEARING
Shall mean those operations where trees and vegetation are
removed and which occur "previous to construction of buildings, road
right-of-way excavation, utility excavation and any other necessary
clearing operation."
LANDSCAPE ORDINANCE
Shall mean a public law, requiring public review and approval
of a permit, often contained within a zoning ordinance or land development
code that regulates landscape design, landscaping, and landscape installation
and maintenance.
LANDSCAPE PLAN
Shall mean the preparation of graphic and written criteria,
specifications, and detailed plans to arrange and modify the effects
of natural features such as plantings, ground and water forms, circulation,
walks and other features to comply with the provisions of this ordinance.
LANDSCAPING
Shall mean any combination of living plants, such as trees,
shrubs, vines and groundcovers, flowers, or grass: natural features
such as earth shaping, rock, stone, bark chips or shavings: structural
features, including but not limited to, fountains, reflecting pools,
outdoor art work, screen walls, fences, or benches.
LIMITS OF DISTURBANCE
Shall mean a clearly designated area within which land disturbance
is slated to occur, and outside of which no disturbance or clearing
will take place.
MULCHING
Shall mean the application of plant residue or other materials
to the land surface to conserve moisture, hold soil in place or aid
in establishing a plant cover for land.
NATIVE
Shall mean a plant or animal species whose geographic range
during precolonial times included Central New Jersey.
NATURAL REGENERATION/NATURALIZED AREA
Shall mean the natural establishment of trees and other vegetation
with at least 400 woody, free-to-grow seedlings per acre, which are
capable of reaching a height of at least 20 feet at maturity.
NUISANCE
Shall mean an unreasonable, offensive, annoying, unpleasant
or obnoxious thing or practice, a cause or source of annoyance, constituting
a substantial invasion or disturbance of other's rights, including
but not limited to an excessive or concentrated movement of noise,
dust, smoke, fumes, odor, glare, flashes, vibration, shock waves,
heat, electronic or atomic radiation or liquid or gaseous objectionable
effluent.
OPEN SPACE
Shall mean any parcel of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open spaces.
PARKING AREA, PUBLIC
Shall mean an open area, other than a street or public way,
used for the parking of more than four automobiles and available for
the public.
PARKING SPACE
Shall mean an area of not less than nine by 20 feet served
by an adequate drive and intended primarily for the parking of a motor
vehicle.
PRIVATE OPEN SPACE
Shall mean an open space area within or related to a site
designated as a development, and designed and intended for the use
or enjoyment of residents and owners of the development. "Private
open space" may contain such complimentary structures and improvements
as are necessary and appropriate for the use and enjoyment of residents
and owners of the development.
PUBLIC OPEN SPACE
Shall mean an open space area conveyed or otherwise dedicated
for a public use to a municipality, municipal agency, board of education,
State or county agency or other public body or non-profit organizations
for recreational and conservational uses.
REFORESTATION/REFORESTED AREA
Shall mean the creation of a biological community dominated
by trees and other woody plants containing at least 100 trees per
acre with at least 50% of those trees having a two-inch or greater
diameter at 4.5 feet above the ground, within seven years. Reforestation
includes landscaping of areas under an approved landscaping plan that
establishes a forest that is at least 35 feet wide and covering 2,500
square feet of area.
RETENTION AREA
Shall mean an area designed and used for the temporary or
permanent storage of water runoff.
SEEDLING
Shall mean an unbranched woody plant, less than 24 inches
in height and having a diameter of less than 1/2 inch caliper measured
at two inches above the root collar.
SIGHT TRIANGLE
Shall mean a triangularly shaped area used as a line of vision
established at intersections in which nothing shall be erected, placed,
planted, or allowed to grow in such a manner as to obstruct vision
between the height of 30 inches and seven feet above the center line
grade of either street.
SPECIMEN TREE
Shall mean a tree that is an unusual example of a species
due to its size, shape, age, or any other trait that demonstrates
the character of the species. Any tree having a diameter at breast
height of 24 inches or greater.
STREAM BUFFER
Shall mean a strip of natural vegetation contiguous with
and parallel to the bank of a perennial or intermittent stream, the
width of which shall be a minimum of 50 feet from each side of the
streambank. Stream buffers must include adjacent 100-year floodplain
areas, wetlands and wetland transition buffers as defined by the New
Jersey Department of Environmental Protection regulations.
SWALE
Shall mean a constructed or natural drainage channel which
has a vegetated surface.
TREE
Shall mean a large, woody plant having one or several self-supporting
stems or trunks and numerous branches that reach a height of at least
20 feet at maturity.
UNDERSTORY
Shall mean the small tree and shrub layer between the forest
canopy and forest floor.
VEHICULAR USE AREAS
Shall mean all areas subject to vehicular traffic including
accessways, driveways, loading areas, service areas, and parking spaces
for all types of vehicles. This definition does not cover parking
structures.
WETLANDS
Shall mean as defined in the Freshwater Wetlands Protection
Act, N.J.S.A. 13:9B-1 et seq.
WHIP
Shall mean an unbranched woody plant greater than 24 inches
in height and having a diameter of less than one-inch caliper measured
at two inches above the root collar.