[HISTORY: Adopted by the Council of the Borough of Fair Lawn 7-27-1982
as Ch. XIX of the 1981 Revised General Ordinances. Amendments noted where
applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
When used in determining the measurement of all trees, that diameter
as measured 12 inches above the natural grade the tree had been most recently
growing.
No person shall do or cause to be done any of the following acts upon
public highways, public parks, public rights-of-way or other public places
within the borough without the written permission of the Borough Manager:
A.
Cut, trim, break or climb with spikes, destroy the roots
or in anyway injure or spray with any chemical or remove any living tree or
shrub or injure or misuse any structure or device places to support such trees
or shrubs.
A.
There shall be planted upon every public right-of-way
street trees or shade trees of at least 1 1/2 inches in diameter,
placed at a minimum of 35 feet apart nor more than 50 feet apart on the right-of-way
or street line so as not to interfere with the utilities and sidewalks. The
kind of tree to be planted shall be decided by the Superintendent of Public
Works and the Borough Manager.
B.
The tree shall be planted by the borough. Before a building
permit is issued by the Building Department of the borough, every applicant
shall be required to deposit the sum, as set from time to time by resolution
of the Borough Council,[1] per tree to cover the cost of the purchase and the planting of
the aforesaid trees. This section shall not be construed to require the planting
of trees where it is determined by the Superintendent of Public Works and
Borough Manager that trees complying with the minimum requirements already
exist nor shall it be construed to relieve a subdivider of providing the installation
of trees as required by the land subdivision ordinance.
A.
Where trees have been insufficiently spaced in the original
planting, less than 35 feet on center, no new tree need replace such tree
at the option of the Superintendent of Public Works.
B.
Where trees have died due to disease or other cause,
replacement and replacement species shall be at the option of the Superintendent
of Public Works.
C.
When an entire street has been cleared of trees for any
reason, the selection of tree species or variety shall be at the option of
the Superintendent of Public Works.
