[HISTORY: Adopted by the Mayor and Council
of the Borough of Bergenfield 9-3-1991 by Ord. No. 2114. Amendments
noted where applicable.]
No person shall do, or cause to be done, any
of the following acts upon a public highway, public right-of-way,
public park or other public place within the Borough, without the
prior written permit of the Shade Tree Committee:
A.
Cut, trim, break, climb with spikes, disturb the roots
of, or otherwise injure, or spray with any injurious chemical, or
remove any living tree or shrub, or any part thereof, or injure, misuse
or remove any structure or device placed to support or protect such
trees or shrubs.
B.
Plant any tree or shrub.
C.
Fasten any rope, wire, electric attachment, sign,
poster or other fixture or device to a tree or shrub or to any guard
about such tree or shrub.
D.
Operate a motor vehicle as to injure or damage any
tree or shrub.
E.
Close, cover 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.
F.
Pile any building material or mix any mortar or cement
within six feet of a tree or shrub.
G.
Permit any brine, gas, chemical or injurious liquid
or solid matter to come in contact with the stem or roots of any tree
or shrub.
A.
Throughout the period of construction or repair of
any building or structure, or in the improvement or repair of a highway,
the owner thereof, or the contractor, shall place such guards around
all nearby trees or shrubs on the public highways, as shall effectively
prevent injury or damage to such trees or shrubs.
B.
Upon the completion of such construction, repair or
improvement, the owner or contractor shall be required to reset any
shade trees which were located on the property prior to commencement
of the work which are not properly aligned or perpendicularly set
and to replace any which do not thrive during the one-year period
subsequent to completion and acceptance of the improvement by the
Borough.
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 wires
pass against any injury from the wires or from the electric current
carried by it. The device or means used shall in every case be subject
to approval of the Shade Tree Committee.
A.
Whenever and wherever it shall be deemed necessary
or expedient for the preservation of public safety, the owner or tenant
or any lands within the Borough shall, upon notification by the Police
Department or the Mayor and Council or their agents, be required to
cut back to a height of not more than 2 1/2 feet, or to remove the
same, any and all shrubs, bushes, hedges or other plant life growing
upon the property owned or occupied by him within 10 feet of any street
and within 25 feet from the point of intersection of the sidelines
of any streets. If, in the determination of the Chief of Police or
the Mayor and Council, it shall be deemed necessary or expedient for
the preservation of the public safety to cut back or remove shrubs,
bushes, hedges or other plant life set back more than 10 feet from
any street, but less than 25 feet, he shall give written notice to
the property owner or person in possession, who shall comply with
such direction. It shall be the responsibility of the person in possession
of the property, as owner or tenant, to maintain all shade and ornamental
trees, hedges and other plant life growing on private property, so
that the lowest branches overhanging a sidewalk area are at a height
of not less than 14 feet six inches above ground level.
B.
The Mayor and Council and the Police Department are
hereby empowered to determine the necessity or expediency of the foregoing
matters, and they shall give the property owner or tenant 10 days'
written notice to cut back or remove such growth. In the event of
a dispute between the Police Department and the Mayor and Council,
the judgment and determination of the Mayor and Council shall be controlling.
Each shall furnish to the other copies of any and all notices given
to property owners or tenants hereunder.
C.
Upon failure of the owner or tenant to comply with
the notice, the Mayor and Council and their agents are hereby authorized
and empowered to cut back the same, and they may enter upon private
property if necessary in order to do so.
D.
Where such action is taken, the reasonable cost of
any such work performed shall be certified to the Mayor and Council,
who shall, under the provisions of the statutes of New Jersey, charge
the same against the lands involved, to be added to and become a part
of the taxes next to be assessed and levied upon such lands.
A.
The owner or occupant of property abutting any stone
or concrete sidewalk shall maintain such sidewalk at all times in
good and passable condition at a grade which will prevent water accumulating
thereon, shall replace any portion thereof which becomes broken, shall
maintain the same so that the joints thereon are even and shall repair
sidewalks made uneven and dangerous to pedestrian traffic by the roots
of trees.
B.
Notwithstanding the foregoing, the Borough, in the sole discretion
of the Mayor and Council, and provided funds are available, are hereby
authorized to undertake and pursue a program of repairing sidewalks
made uneven and dangerous to pedestrian traffic by the roots of trees,
the trunks of which are not less than 1/2 in the public right-of-way.
[Amended 4-16-2019 by Ord. No.
19-2547]
D.
In the event that the Shade Tree Committee is unable
for any reason to perform the necessary tree root pruning or, in the
event that a property owner desires to perform the required tree root
pruning in connection with the repair or replacement of a sidewalk
in front of or abutting his property, such property owner shall first
apply for and secure a permit from the Shade Tree Committee as provided
in this chapter.
A.
Whenever the owner or occupant of property located
within the Borough desires to plant, cut, trim, remove or relocate
a tree or shrub, or a portion thereof, located completely or partially
on a public highway, public right-of-way, public park or other public
place, or to perform any other work requiring a permit pursuant to
this chapter, the applicant shall, prior to the issuance of such permit,
submit a completed and signed application to the Shade Tree Committee
on a form to be established and provided by the Shade Tree Committee.
The application shall identify the premises involved, the owner and/or
occupant thereof and shall include a complete description of all proposed
work.
B.
The Shade Tree Committee shall have the power to review
all applications and to grant or deny permits.
C.
Prior to and as a condition of the issuance of a permit,
the applicant shall enter into an agreement with the Borough to indemnify
and hold harmless the Borough, its officials and employees from and
against any and all damages, claims, liability, losses, costs or expenses
resulting from or arising out of the work.
D.
All work performed under permits issued hereunder
shall be done at the applicant's sole cost and expense and shall be
subject to the inspection and approval of the Shade Tree Committee.
No person shall prevent, delay or interfere
with any lawful work undertaken hereunder by the Shade Tree Committee,
its agents or employees.
[Amended 4-16-2019 by Ord. No. 19-2547]
Any person who shall violate any of the provisions of this chapter
shall upon conviction be punished by a fine not to exceed $1,500 and
each violation of any of the provisions of this chapter and each day
the same is violated shall be deemed and taken to be a separate and
distinct offense.
