Administration of government — See Ch. 3.
Streets and sidewalks — See Ch. 75.
Shade Tree Commission — See Ch. 76.
Weeds and obnoxious growths — See Ch. 91.
§ 83-1Rules and regulations.
§ 83-2Specifications for planting trees.
§ 83-3Securing approval.
§ 83-4Violations and penalties.
No person, firm, corporation or individual connected with such firm or corporation shall do or cause to be done by others to any tree, shrub or plant on a public highway or place, either purposely, carelessly or negligently, without the written permission of the Shade Tree Commission, any of the following acts:
Cut, prune, climb with spikes, break, damage or remove.
Cut, disturb or interfere in any way with any root.
Fasten any rope, wire, sign or other device.
Remove or damage any guard or device placed to protect any tree or shrub.
Nothing herein shall prevent any governmental agency from tying a public notice upon a tree in connection with administering governmental affairs.
Shovels and all other implements, machines and tools shall be used or operated in such a manner as not to damage or destroy any tree, shrub or plant in any public highway or place.
Where in authorized excavations it becomes necessary to expose or cut roots more than one inch in diameter, it shall be the duty of the contractor to protect such roots under advice from the Shade Tree Commission.
Every person, firm or corporation having or maintaining any electric, telephone, telegraph or other wires running through a public highway shall securely fasten and maintain such wires in such a manner as will safeguard the trees and shrubs against any damage therefrom and shall make periodic adjustments whenever necessary to prevent damage to trees and shrubs growing in any public highway or place.
No person, firm or corporation shall, without written permission of the Shade Tree Commission, attach or fasten any wire, insulator or other device for holding any wire to any tree or shrub in any public highway or place.
Any utility company or its agents may, with prior permission from the Shade Tree Commission, prune and remove trees for line clearance of utility wires.
No variety of tree other than nursery-grown sugar maple, Norway maple, pin oak, American ash, London plane, sweet gum and linden shall be planted in or upon the public highways and parks of the Borough of Washington unless the prior approval of the Borough Council or other designated official has been obtained to deviate. All trees upon each street in a subdivision shall be confined to one variety unless prior permission to vary therefrom has been given.
Notice must be given to a member of the Borough Council or other designated official three days prior to the start of planting in order that the Borough Council or other designated official may inspect the stock for variety, condition, size and quality. All work shall be subject to the general supervision and approval of the Borough Council or other designated official.
No such trees shall be planted unless the same shall be not less than 1 1/2 inches in caliper measured 18 inches above the ground nor less than 10 feet high. Such trees shall be well branched, branches to start not less than six feet from the crown of the root system.
Where authorized for placement, flowering decorative trees may be of smaller size than shade varieties. Such trees shall be not less than 1 1/8 inches in caliper measured 18 inches above the ground nor less than eight feet high. They shall be well branched, branches to start not less than five feet from the crown of the root system.
All such trees must be planted within the right-of-way of the street or highway. The exact location of such trees shall be determined by the Shade Tree Committee but shall be at least 20 feet from intercepting curbs at street corners. Such trees shall be approximately 50 feet apart.
No trees coming within the jurisdiction of the Borough Council shall be planted between May 15 and the following October 1 without the permission of the Borough Council.
Excavations for such trees shall be not less than 18 inches deep and not less than 30 inches in diameter. A seepage area shall be provided by loosening the soil to a depth of one foot below the excavation. Planting soil in the excavation shall be composed of two parts parent soil and one part peat moss, all mixed thoroughly, to which shall be added and mixed in two pounds of bone meal or its equivalent. The finished level of backfill shall be two inches below the adjoining finished grade.
All stakes for such trees shall be of white or red cedar and must be eight feet long and not less than two inches in minimum diameter. Stakes must be driven into the ground to a depth of 12 inches below the excavation before planting the tree and are to be placed preferably on the northwest side of the tree trunk. Trees shall be guyed to the stakes, using No. 10 wire in a piece of rubber hose. The wire shall be stapled to the stake in such a manner that the wire will not slip nor come in contact with the tree trunk.
After planting of such trees, removal of all debris in the disturbed area shall be made immediately. The property where such planting is made must be left in a neat and orderly condition in accordance with good and accepted planting and tree surgery practice.
All trees which fail to survive for a period of one calendar year following planting shall be replaced by the developer at no cost or expense to the Borough. Said replacement shall be made within 60 days following written demand for such replacement from the Borough Council or other designated official or within such more extended period as may be specified.
Where permission, consent or approval of the Shade Tree Commission is required by the provisions of this chapter, any person, firm or corporation required to obtain such permission, consent or approval shall first make application therefor, in writing, to the Secretary, Shade Tree Commission, Borough of Washington, County of Warren and State of New Jersey.
Any person, group of persons, partnership, association or corporation, individually or collectively, who shall violate or aid in, take part in or assist in the violation of this chapter shall be subject, upon conviction, to a fine of not more than $500 or to imprisonment for a period not to exceed 90 days, or to both. Each and every day that such violation occurs or continues to exist shall be considered a separate and specific violation.