A.
No person shall do or cause to be done any of the
following acts affecting the trees, shrubbery or ornamental material
planted or growing naturally within the highways or public places
under the jurisdiction of the Township, except with a written permit
first obtained from the Conservation Officer:
(1)
Cut, trim break, disturb the roots of or spray with
chemicals any living tree or shrub, or injure, misuse or remove any
structure or device placed to support or protect any tree or shrub.
(2)
Plant or remove any living tree or shrub or climb
with spikes any living tree or shrub.
(3)
Fasten any rope, wire, electric attachment, sign or
other device to a tree or shrub or to any guard about such tree or
shrub.
(4)
Close or obstruct any open space provided about the
base of a tree or shrub to permit the access of air, water or fertilizer
to the roots of such tree or shrub.
(5)
Pile any building material or make any mortar or cement
within six feet of a tree or shrub.
(6)
Change the grade of the soil within the limits of
the lateral spread of the branches of any such tree.
B.
Every person having control over any wire for the
transmission of an electric current along a public highway shall at
all times guard all trees through which or near which such wire passes
against any injury from the wire or cable or from the electric current
carried by it.
No person shall place any guy wire, brace or
other device on any such tree in such a manner as to injure it.
No person shall hitch or fasten an animal to
any tree or shrub upon a public highway or public place under the
jurisdiction of the Township or to any guard or support provided for
the same or permit an animal to bite or otherwise injure any tree
or shrub.
No person shall permit any brine, gas or injurious
chemical or liquid deleterious to tree or shrub health to come in
contact with the stump or roots of any tree or shrub upon a public
highway or public place under the jurisdiction of the Township.
No person shall prevent, delay or interfere
with any lawful work undertaken by the Department of Public Works
or its authorized agent.
A.
Notice of removal required. In case any tree or shrub,
or any part thereof, along the public highway or sidewalk shall become
dangerous to the public safety, the owner of the property in front
of which such tree or shrub exists shall remove the same, or the required
part thereof, forthwith upon service of written directive to that
effect from the Conservation Officer in the Township Engineering Division
or the County of Monmouth, in the case of a county right-of-way or
highway. The notice shall be sufficient if served in the same manner
as a summons may be served in accordance with the New Jersey Rules
of Court.
B.
Standard established. The owner or tenant of any lands
lying within the Township shall keep all brush, hedges and other plant
life growing within 10 feet of any roadway and within 25 feet of the
intersection of two roadways cut to a height of not more than 2 1/2
feet. This shall not require the cutting down of any trees where there
is vision through the trees at a height of between 2 1/2 feet
and eight feet from the ground.
C.
Removal by Township or county. If the owner fails
to remove the tree or shrub or portion thereof within two weeks after
service of written notice to do so, the work shall be performed by
the Township or county, under the supervision of the Conservation
Officer in the Township Engineering Division, who shall certify the
cost thereof to the Township.
D.
Costs charged against land; lien established. Upon
receipt of the certified costs, the Business Administrator shall examine
same and, if found correct, shall cause the costs to be charged against
the lands or, if the Business Administrator deems the costs to be
excessive, shall cause the reasonable cost thereof to be charged against
the lands. The amount so charged shall forthwith become a lien upon
the lands and shall be added to and become part of the taxes next
to be assessed and levied upon the lands, the same to bear interest
at the same rate as other taxes and shall be collected and enforced
by the same officer and in the same manner as taxes.
If any person continues to violate any of the
provisions of this article, after being duly notified of such violation,
or neglects or refuses to comply with any lawful order of the Township,
its officers and officials, the failure to comply with a second or
each of any subsequent notifications or orders shall be construed
as an additional violation of this article, and each such additional
offense shall subject the offending party upon conviction to the same
penalty as provided for the first offense.
