As used in this chapter, the following terms
shall have the following meanings:
The process by which decisions of the Commission are reviewed
and resolved when a property owner wishes to dispute the decision
The Borough of Dumont.
Any tree, as hereinafter defined, which is situated in or
along any public property, park, field, public right-of-way, easement
or encumbrance. Tree situation is evidenced by 50% or more of the
root collar or base of the trunk at the entry point to the ground
being upon Borough land, regardless of the location of the crown,
roots, tilt of the trunk, or other part of the tree in relation to
the property line.
An individual appointed by the Shade Tree Commission, who
may, but need not be, a certified tree expert, a certified arborist,
or who may be a Code Enforcement Officer of the Building, Police or
Fire Departments as designated by the Mayor and Council. No person
shall be reappointed or redesignated as Shade Tree Code Enforcement
Officer unless the individual has completed the NJDEP CORE Training
within 12 months of the initial appointment.
A landscaped buffer area along all commercial side yard and
rear yard lot lines.
The Shade Tree Commission of the Borough of Dumont, including
any of its agents, employees and duly appointed members. Also referred
to herein as the "DSTC."
Collectively, all trees in or upon all public and private
lands within the Borough of Dumont.
The Community Forestry Management Plan prepared from time
to time for the benefit of the Borough, and as approved by the State
of New Jersey, in keeping with the Community Forestry Program of the
State of New Jersey.
The diameter of a tree measured at a point on the tree four
feet and six inches from ground level.
A device placed on or about a tree with the purpose of preventing
injury to such tree.
A tree that has structural defects in the roots, stem or
branches and which may cause the tree or part of the tree to fail,
and where such failure may cause property damage or personal injury.
Risk levels are assessed at low, medium or high in accordance with
the USDA publication #NA-TP-03-03 entitled "Urban Tree Risk Management."
Any tree:
The Joint Land Use Board of the Borough of Dumont.
Any person engaged in the business of landscaping as a primary
occupation.
Tree species attaining a height of 50 feet or more at maturity.
Tree species attaining a height of 25 feet to 50 feet or
more at maturity.
Duly appointed Members of the Commission.
A tree that has exceeded a confined space as evidenced by
less than 15% of the DBH as clearance between the root collar at ground
level and a confining border such as a curb or sidewalk. (Example:
A tree with 20 inches DBH would require three inches between the root
collar where it enters the ground and the sidewalk or curb.)
Any individual, association or individuals, partnership,
corporation, developer, or entity other than the Borough.
Any tree, as hereinafter defined, which is situated in land
other than Borough Land. Tree situation is evidenced by 50% or more
of the root collar or base of the trunk at the entry point to the
ground being upon private land, regardless of the location of the
crown, roots, tilt of the trunk, or other part of the tree in relation
to the property line.
The public property in the Borough of Dumont, which excludes
private property, and is the jurisdiction of the Borough, and is inclusive
of all land in and along any street up to the private property lines
as shown on the Tax Map of the Borough of Dumont.
Tree species attaining a height of less than 25 feet at maturity.
Any tree, which, by singular nature, species, condition,
size, or location, imparts particular value to a property or landscape
specifically designated by official action of the Mayor, the Borough
Council, the DSTC or the Borough Historian.
Any road, avenue, street or highway in the Borough dedicated
to the public use.
Any living woody, deciduous or coniferous species, of any
age after germination, which at maturity is expected to have a circumference
of more than 10 inches, or three inches diameter, measured at DBH.
Any species not qualifying as a "tree" under this definition shall
be considered a "stem" and shall not fall within the purview of this
chapter.
A segregated interest-bearing account where the use of the
funds is restricted under this chapter.
A permanent enclosure used to protect the trunk of a tree
from injury.
A permit issued by the Code Enforcement Officer, for the
planting, maintenance or removal of a tree or trees on Borough land.
A specially prepared area of land, which is surrounded by
paving, curbs, sidewalks, or other impervious surfacing, and with
specific requirements for protection and pedestrian safety.
A requirement to plant new trees when trees are removed,
or under other conditions of this chapter.
The severe cutting back of limbs to stubs larger than three
inches in diameter within the tree's crown, to such a degree so as
to remove the normal canopy and disfigure the tree except where other
pruning practices are impracticable or impossible with respect to
trees severely damaged or causing obstructions to wires or cables
subject to cable and utility company exemption.
A publication of the USDA Forest Service # NA-TP-03-03 of
complete title: "Urban Tree Risk Management: A Community Guide to
Program Design and Implementation."
Public utility or cable television companies entering the
Borough for the purpose of erecting, installing, moving, removing,
altering, or maintaining any structures or fixtures necessary for
the supply of electric light, heat or power, communication, or cable
television, cellular communications, or Internet services.
