[HISTORY: Adopted by the City Council of the City of Rahway as indicated
in article histories. Amendments noted where applicable.]
[Adopted 7-9-1984 by Ord. No. A-12-84
as Ch. 393, Art. I, of the 1984 Code]
The City of Rahway hereby finds that indiscriminate and excessive cutting
of trees upon tracts of land has resulted in creating increased surface drainage
and increased soil erosion, thereby causing increased municipal costs to control
drainage within the city, and impairs the benefits of occupancy of existing
residential property in such areas and impairs the stability and value of
both improved and unimproved real property in such areas, with attendant deterioration
of conditions affecting the health, safety and general welfare of the inhabitants
of the city.
This article shall apply to all persons or corporations who are or will
be applying for building permits for more than one home or a home to be built
as part of an uncompleted development.
No building permit shall be issued unless such person or corporation
shows on an appropriate plan prepared by a licensed engineer or land surveyor,
to a scale of not less than one inch equals 20 feet, all proposed tree removals
in relation to the survey stakes marking out a building foundation or dwelling,
garage, driveway, recreation area or any site that warrants tree removal.
The species and condition of trees shall be checked by the Department of Public
Works and shall be indicated upon the plan. Such plan shall be certified by
the Department of Public Works to the Supervisor of Planning and Buildings
of the City of Rahway, who shall enforce the provisions of this article.
No live tree exceeding six inches in diameter shall be cut down except
under the following circumstances:
A.
If their presence would cause hardship or endanger the
public or an adjoining property owner.
B.
In areas to be occupied by buildings, driveways or recreation
areas and within a distance of 15 feet around the perimeter of such building,
depending on tree species and conditions, to be determined by the Department
of Public Works.
C.
Unless the area shall have a cut or fill of land deemed
injurious or dangerous to the trees. The determination of the Department of
Public Works in this respect shall depend on the species of the tree and degree
of injury and shall be indicated on the plan referred to herein.
No material, machinery or temporary soil deposits shall be placed within
four feet of any existing tree trunk or stem.
Any person aggrieved by the provisions of this article shall have the
right, within 10 days from the decision of the Department of Public Works,
to appeal to the Business Administrator of the City of Rahway, who shall review
the decision of the Department of Public Works. Unless the decision is revoked
or modified, it shall remain in full force and effect.
[Amended 7-9-1984 by Ord. No. A-12-84]
Any person violating any of the provisions of this article shall be
subject to a fine of not more than $500 or to imprisonment in the county jail
for a period not exceeding 90 days, or both, in the discretion of the Municipal
Judge.
[Adopted 6-10-1987 by Ord. No. A-5-87]
As used in this article, the following terms shall have the meanings
indicated:
A tree located on land owned by the city or in a right-of-way, city
easement; park or parkway or within the sidewalk lines on both sides of a
street.
A line connecting the tips of the outermost branches of a tree projected
vertically onto the ground.
An event or events, disease or condition which has damaged or destroyed
a tree or trees, such that the continued presence of such damaged or destroyed
tree or trees imminently threatens life or property in proximity thereto.
Any tree other than a city tree as heretofore defined.
Any individual, partnership, corporation, agency or other entity.
A barrier constructed to protect the roof system or trunk of a tree
from damage during construction or from equipment or soil or material deposits.
Tree roots within the dripline perimeter.
Any living woody perennial plant having a diameter greater than four
inches measured at a point four feet above ground.
A.
The City of Rahway has determined that the preservation
of certain trees and shrubs and the designation of landmark trees is essential
to the health, safety, economy and general welfare of the city.
B.
No city tree, as heretofore defined, shall be removed
except by the Department of Public Works of the City of Rahway.
C.
The Director of Public Works may direct the removal of
a city tree if he determines the following:
(1)
Such tree is so diseased or so infested as to be a danger
to other trees in the city or surrounding communities;
(2)
Such tree is dead and its presence would cause hardship
or endanger the public or an adjoining property owner;
(3)
Such removal is necessary for the construction of any
municipal or public improvement;
(4)
Such removal is necessary where the such tree is causing
damage to the city property, right-of-way, or adjacent private property; or
[Added 6-10-1992 by Ord. No. A-13-92]
(5)
Such removal is necessary to permit the construction
of a driveway and will be done at the expense of the private property owner
so benefited.
[Added 6-10-1992 by Ord. No. A-13-92]
A.
It shall be unlawful to commit any of the following acts
with respect to city trees without the prior written permission of the Director
of Public Works:
(1)
Cut, prune, break, injure, alter or remove any tree;
or cut, unduly disturb or interfere in any way with any root of a tree or
trees.
(2)
Spray any tree with any chemical.
(3)
Fasten any rope, wire, sign or other device to a tree
or trees or to any guard about such a tree or trees.
(4)
Install, remove or injure any guard or device placed
to protect any trees.
(5)
Close or obstruct any open spaces provided about the
base of a tree or trees to permit the access of air, water and fertilizer
to the roots of such tree or trees.
(6)
Cut any tree roots within 10 feet of any trunk or any
roots four inches in diameter.
(7)
Subsection A(1) through (6) of this section shall not apply to any public utility or cable company having or maintaining any electric, telephone, telegraph or other wire above a public street or right-of-way, except that in all nonemergent circumstances, said public utility or cable operator shall notify the City Engineer of its intention to any of the acts set forth in Subsection A(1) through (6) hereof.
B.
The Director of Public Works shall grant such written
permission if the activity for which such permission is requested is in the
public interest and is not likely to injure any city tree.
C.
Any person or persons who cause damage to any city tree
or city trees by machines, autos, etc., shall be held liable for damages to
said tree or trees. Damages shall be corrected or repaired and the liable
person or persons billed for the damages.
D.
Any and every person having or maintaining any electric,
telephone, telegraph, or other wires or lines running through a public street
or park shall securely fasten and maintain such wires and lines in such a
manner as will safeguard city trees against any damage therefrom and shall
make periodic adjustments whenever necessary to prevent damage to city trees
and city shrubs.
E.
When necessary to prune or remove any city tree along
a public street, the Director of Public Works shall notify any utility or
cable company maintaining lines along said public streets.
No person shall operate, place or maintain within the dripline of any
city tree any machinery, equipment, heavy object, stone, rocks, cement, earth,
soil or other substance which may harmfully affect such city tree by unduly
compressing the earth or otherwise impeding or preventing the access of water
or air to the roots of such tree, or shall excavate around or remove earth
or soil from, or cause any water to flow upon, the roots of any tree, provided
that if provisions of this section create any undue hardship in the appropriate
use and enjoyment of property, the Director of Public Works may waive in whole
or in part such provisions but only to the extent absolutely necessary to
alleviate such undue hardship.
Any person aggrieved by the provisions of this article shall have the
right, within 10 days from the decision of the Department of Public Works,
to appeal to the Business Administrator of the City of Rahway, who shall review
the decision of the Department of Public Works. Unless the decision is revoked
or modified, it shall remain in full force and effect.
Any person violating any of the provisions of this article shall be
subject to a fine of not more than $500 or to imprisonment in the county jail
for a period not exceeding 90 days, or both, in the discretion of the Municipal
Judge.
