[HISTORY: Adopted by the Township of Saddle
Brook as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-2-1903 by Ord. No. 19]
The owner or owners, tenant or tenants of lands
abutting or bordering upon the public streets, highways and sidewalks
of the Township of Saddle Brook shall trim all shade trees growing
upon their said abutting lands which in any manner overhang and overshadow
the said public streets and highways or sidewalks, by cutting therefrom
the limbs which overhang the said streets, highways and sidewalks
as aforesaid to a distance of 14 feet above the traveled portion of
said public highways, streets or sidewalks within two weeks after
notice given to said owners or tenants by the Clerk of the Township
of Saddle Brook of the requirement by the Township Council to trim
said trees in accordance with this article.
[Amended 3-26-1987 by Ord. No. 945]
Every person above named failing to comply with
the requirements of this article after notice to him given as aforesaid
shall, for every such violation hereof, be liable to a penalty of
not less than $25 nor more than $200, to be recovered for the use
of said Township before the Judge of the Municipal Court of said Township,
as provided by law, and every failure to comply with the provisions
of this article after notice given as aforesaid shall constitute a
new violation of its provisions, for which the said owner or owners,
tenant or tenants shall be liable to the penalty herein named.
Upon the failure of the said owner or owners,
tenant or tenants to comply with the provisions of this article as
aforesaid, the said Township Council shall have the right to enter
upon the premises, if necessary, of any such person violating the
provisions of this article, and remove, cut and trim the limbs of
trees bordering upon and overhanging the public highways, streets
and sidewalks as aforesaid to a distance of 14 feet above the traveled
portion of any such public highways, streets or sidewalks.
[Added 3-26-1987 by Ord. No. 945]
The costs of cutting and trimming said trees
shall be certified to the Township Council, which shall examine such
certificate, and if it finds the same correct, it shall cause the
costs as shown thereon to be charged against the lands. The amount
so charged shall forthwith become a lien upon said lands and premises
and shall be added to and form and become a part of the taxes next
to be assessed and levied upon said lands and shall bear interest
at the same rate and shall be collected and enforced in the same manner
as taxes.
[Adopted 10-14-1976 by Ord. No. 737]
The Township of Saddle Brook hereby finds that
the unregulated and uncontrolled cutting, destruction or removal of
trees and the unregulated and uncontrolled removal of the remains
of the trees, dirt and any other debris resulting from the cutting,
destruction or removal of trees by any person other than the property
owner himself has created a burden upon the Department of Public Works,
has produced unsightly conditions on and about the public streets,
has resulted in creating increased surface drainage and, unless regulated,
said activities are and will continue to be a detriment to the public
safety, public health and general welfare.
The terms used in this article shall be deemed
and construed to have the following meanings:
Any piece or parcel of land or group of lots in single ownership.
Any person having title to any lot, plot, piece or parcel
of land.
Any individual, firm, association, partnership or corporation,
or any group of two or more of the foregoing.
A.
Except as otherwise provided herein, no person shall
cut, destroy or remove any tree with a diameter in excess of four
inches, measured one foot above the ground, growing upon any lands
within the Township of Saddle Brook, in the County of Bergen, unless
said cutting, destruction or removal is accomplished or caused to
be accomplished in accordance with the provisions of this article.
B.
This article and the provisions contained herein shall
not apply to an owner who shall cut, destroy or remove trees located
on his own property, provided said cutting, destruction or removal
is performed by the owner himself.
All persons desiring to cut, destroy or remove any such tree or trees, in excess of the size referred to in § 192-7A, shall file application therefor with the Building Inspector on the form to be provided for said purpose. Said application shall identify the lot or tract of land upon which the tree or trees are located; shall disclose the name and address of the owner or duly authorized agent of said owner who shall be hired to cut, destroy or remove any tree; and shall show the exact location of the tree or trees sought to be cut, destroyed or removed.
If said application, together with any previous application or applications, disclose that trees in excess of the size referred to in § 192-7A of this article are to be cut, destroyed or removed, or have been cut, destroyed or removed from the lot or tract of land referred to in said application, said Building Inspector shall issue a permit as applied for, as of course.
A.
The applicant, at the time of filing said application,
shall deposit with the Building Inspector a fee of $1 for the permit.
B.
In the event a permit is issued by the Building Inspector,
the person to whom the permit is granted shall be responsible for
carrying away any and all remains of the tree or trees cut, destroyed
or removed, including any dirt and any other debris resulting from
the cutting, destruction or removal of the tree or trees from the
premises upon which the trees were located.
Any person violating any of the provisions of
this article shall be subject to a fine not exceeding $100 or to imprisonment
for a term not exceeding 30 days, or both, in the discretion of the
Municipal Magistrate.[1]
[1]
Editor's Note: Former Art. III, Shade Tree Commission Regulations,
adopted 2-12-2004 by Ord. No. 1309, which immediately followed this article, was repealed 7-14-2011 by Ord. No. 1517.
