[Adopted by Ord. No. 96-0-25 (Sec. 10-6 of the Revised General
Ordinances)]
As used in this article, the following terms
shall have the meanings indicated:
Every person, firm, association, partnership and corporation
or combination thereof. This term may be construed to designate the
plural as well as the singular.
As applied to public utility companies shall mean poles,
wires, cables, subsurface conduits, pipes, manholes and appurtenant
facilities of such companies installed in a street.
Refers to a public utility as defined in N.J.S.A. 48:2-13.
Any public street accepted and maintained by
the Borough.
Borough parks, parkways and other public places.
County accepted and maintained highways, streets
and roads, including right-of-way easements to the extent permitted
by law.
New Jersey state highways upon approval of the
New Jersey State Highway Department.
Any road, avenue, street or highway dedicated
to the public use for street purpose, regardless of whether it has
been formally accepted by the Borough of Norwood. A street shall be
deemed to include all portions lying between the dedicated and 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 located in or upon any street, park or other Borough
land. Small trees are designated as those attaining a mature height
of 25 feet. Medium trees are designated as those attaining a mature
height of 25 feet to 45 feet. Large trees are designated as those
attaining a mature height of 45 feet or more.
A.
No person shall do to any tree on any street within
the Borough any of the following acts without having first obtained
a permit from the Superintendent of Public Works:
(1)
Cut, prune, trim, break, damage, kill or remove any
tree.
(2)
Cut, unduly disturb or interfere in any way with any
root of a tree.
(3)
Spray any tree with any chemical.
(4)
Fasten any rope, wire sign or other device to a tree
or to any guard above such tree.
(5)
Remove or damage any guard or device placed to protect
any tree.
(6)
Place or maintain upon the ground in any street stone
or other material or substance in such manner as may obstruct the
free access of air and water to the roots of any tree.
(7)
Lay any sidewalk along or open, construct, curb or
pave any street or do any like act so as to interfere with or do injury
to any tree or the roots thereof.
(8)
Excavate within six feet of any tree.
(9)
Attach or fasten any wire, insulation or other device
for holding any wire to any tree.
(10)
Plant or set out any shade tree in or on any
street.
(11)
Erect, alter, repair or remove a building or
structure in a manner that will endanger nearby trees, whether through
the placement of materials hazardous to trees or otherwise.
(12)
Climb a shade tree on any street by the use
of spurs or other instruments which perforate or injure the bark of
the tree.
B.
Public utility companies.
(1)
Notwithstanding anything in this article to the contrary,
the Superintendent of Public Works may grant to public entity companies
a blanket permit for tree pruning for line clearance and for the installation
and maintenance of subsurface and aboveground plant construction if
there is interference with or endangerment to street trees. Public
utility companies may, during period of emergency, without specific
prior permit, install temporary attachments to trees and make emergency
subsurface repairs.
(2)
Each public utility company shall exercise reasonable
diligence in the maintenance of its plant construction so as to avoid
damage to trees.
No person shall do any of the following acts
to any tree on any street in the Borough.
A.
Cause or permit gas or other substances deleterious
to tree life to come in contact with the soil surrounding the roots
of any tree in any street in a manner that will injure, kill or destroy
the tree.
B.
Cause or permit brine, salt, oil, liquid dye or any
other substance deleterious to tree life to lie, leak, pour, flow,
drip or in any other manner whatever enter the soil around the base
of a tree in any street.
C.
Build a fire or station a tar kettle, road roller
or other device in any street in a manner that will result in the
heat, vapors or fumes therefrom injuring any tree.
D.
Use or operate shovels, machines, equipment, tools
or other implement in such a manner as to damage, injure or destroy
a tree.
A.
The Superintendent of Public Works may grant to public
utility companies a blanket permit for the installation and maintenance
of subsurface and aboveground plant construction.
B.
Public utility companies may, during periods of emergency,
without specific permit, install temporary attachments to trees and
make subsurface emergency repairs.
C.
Each public utility company shall maintain its plant
construction so as not to damage or kill trees.
The fee for any permit required by this article,
except for a permit to a public utility, shall be $1 for each tree
affected by work or act to be performed.
A.
The spacing for planting street trees shall be as follows, in accordance with the three size classes listed in § 202-10, definition of "tree."
B.
Exceptions for special plantings must be approved
by the Superintendent of Public Works.
C.
When practicable, the planting distance from the curbs
or curblines and sidewalks shall be in accordance with the three tree
size classes as follows: for a small tree, two feet; medium tree,
three feet; and large tree, four feet.
D.
No street trees other than those species classified
as small trees may be planted closer than 15 feet to the vertical
plane of an existing power line, excluding service wires, or within
7 1/2 lateral feet of any underground waterline, sewer line or
other utility.
Nothing in this article contained shall be construed
to make the Borough of Norwood or the Superintendent of Public Works
or any member thereof responsible for the death or injury of any person
or for any injury to any property or highway tree or shrub.
A.
Penalties. Any person who violates any of the provisions
of this article or who fails to comply with the terms and provisions
of any permit issued pursuant hereto shall, upon conviction in Municipal
Court thereof, pay a fine of not less than $200 and not to exceed
$1,500 at the discretion of the court. Each day that a violation shall
continue shall constitute a separate offense.
B.
Restitution. In addition to the penalties authorized by Subsection A of this section, the Judge of the Municipal Court may require a person who removes or otherwise destroys a tree in violation of a municipal ordinance to pay a replacement assessment to the municipality. The replacement assessment shall be the value of the tree as determined by the appraisal of a trained forester or certified tree expert retained by the Superintendent of Public Works for that purpose.
