Borough of Milford, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the Borough of Milford 7-6-1970 as Ch. 15 of the Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 62.

§ 177-1 Permit required.

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 Borough without a written permit obtained from the Department of Public Works:
A. 
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.
B. 
Plant or remove a living tree or shrub or climb a living tree or shrub with spikes.
C. 
Fasten any rope, wire, electric attachment, sign or other device to a tree or shrub or to a guard about a tree or shrub.
D. 
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 the tree or shrub.
E. 
Change the grade of the soil within the limits of the lateral spread of the branches of a tree.

§ 177-2 Electrical wires and cables.

Every person having control over wire for the transmission of an electric current along a public highway shall 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. The device or means used shall be subject to approval by the Department of Public Works.

§ 177-3 Guy wires and braces.

No person shall place a guy wire, brace or other device on a tree in a manner which will injure it.

§ 177-4 Injury by animals.

No person shall hitch or fasten an animal to a tree or shrub on a public highway or to a guard or support provided for a tree or shrub or permit an animal to bite or otherwise injure a tree or shrub.

§ 177-5 Chemical damage.

No person shall permit any brine, gas or injurious chemical or liquid to come in contact with the stump or roots of a tree or shrub on a public highway.

§ 177-6 Interference with work.

No person shall prevent, delay or interfere with lawful work undertaken by the Department of Public Works or its authorized agent.

§ 177-7 Removal of hazardous trees or shrubs; notice.

If a tree or shrub or any part thereof along the public highway becomes a hazard to the public safety, the owner of the property in front of which the tree or shrub is located shall remove it or the required part on service of a written directive from the Department of Public Works. The notice shall be sufficient if served in the same manner as a summons, in accordance with the New Jersey Rules of Court.

§ 177-8 Cutting required.

The owner or tenant of any lands lying within the Borough shall keep all brush, hedges and other plant life growing within 10 feet of a 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 trees where there is vision through the trees at a height of between 2 1/2 feet and eight feet from the ground.

§ 177-9 Removal by Borough; costs to become lien.

A. 
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 Borough under the supervision of the Certified Public Works Manager, who shall certify the cost to the Council.
B. 
The Council shall examine the certified costs and, if they are correct, shall cause them to be charged against the lands or, if the Council deems the costs to be excessive, shall cause the reasonable cost to be charged against the lands.
C. 
The amount so charged shall become a lien upon the lands and shall be added to and become part of the taxes next to be assessed and levied on the lands, to bear interest at the same rate as other taxes and to be collected and enforced by the same officer and in the same manner as taxes.

§ 177-10 Enforcement.

If any person continues to violate any of the provisions of this chapter after being notified of such violation or neglects or refuses to comply with any lawful order of the Department of Public Works, the failure to comply with a second or each of any subsequent notifications or orders shall be construed as an additional violation of this chapter, and each such additional offense shall subject the offending party, upon conviction, to the penalty provided for the first offense.