[Amended 4-25-2023 by Ord. No. 2023-85]
As used in this chapter, the terms hereinafter set forth shall be defined and deemed to have the following meanings:
An individual who holds a New Jersey State tree expert license as a licensed tree expert (NJLTE).
Zoning Official, Planning or Zoning Board, Construction Official, DPW, or other agency or official or designee as may be appropriate.
The diameter of a tree trunk, when measured at a height of 4.5 feet above the ground at the base of the tree, calculated as the circumference (or girth) of the tree divided by pi (3.1416). On sloping ground the aboveground reference point is the average between the highest and lowest points of the ground at the base of the tree. If the DBH point falls on a swelling in the trunk, it is measured below the swelling point where the diameter is the smallest. In case of trees with multiple trunks, the diameter of a multitrunk tree is determined by measuring the full diameter of the largest trunk, plus half the diameter of the other trunks.
Whenever, pursuant to any provision of this chapter, a permit is required, the applicant shall apply to the Borough of Ho-Ho-Kus Building Department, which shall refer the matter to the Zoning Official, Planning or Zoning Board, or other agency or Borough Official as may be appropriate. The Construction Official (or appropriate official or officer or designee) shall either recommend approval or denial of an application for a permit, and it shall, in determining whether or not to recommend the issuance of such permit, take into consideration the nature, species, size, age and condition of any tree involved; the location thereof in the street or park; the planting, care, protection, maintenance, or removal procedures involved; the public safety and welfare; and the improvement and advancement of the shade tree plan or program of the Borough, based on conditions which may be established from time to time. The Construction Official shall thereafter make the final determination, subject to review by the governing body, of any permit application.
Any individual, firm, partnership or corporation, or any combination thereof. Where, in the proper context, it is so required, this term may be construed to designate the plural as well as the singular.
Any road, avenue, street or highway dedicated to the public use for street purposes. A street shall be deemed to include all portions lying between the dedicated or established right-of-way lines and/or planting easement thereof, said lines being identical with the front property lines of lands abutting the street.
Any tree, shrub or plant, or any root, branch, flower or other part thereof that is located in or upon any street, park or public property.
A radius of at least 1.25 feet of protected area for each inch of trunk DBH. For example, a tree with a ten-inch diameter should have protection placed 12.5 inches from the tree. A twenty-foot-diameter tree should have fencing placed at least 25 feet from the tree to protect the tree roots. This may mean protecting the roots on-site. This area is to be free of equipment, supplies or building materials and to be delineated by an orange construction fence.