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.