[Adopted 10-27-1993 by Ord. No. 93-30 as
Ch. 210, Art. I, of the 1993 Code]
No person shall do or cause to be done any of
the following acts affecting the trees, shrubbery or ornamental material
planted or growing naturally within the highways or public places
under the jurisdiction of the Township, except with a written permit
first obtained from the Township Committee:
A.
Cut, trim, break, disturb the roots of or spray with
chemicals any living tree or shrub or injure, misuse or remove any
structure or device placed to support or protect any tree or shrub.
B.
Plant or remove any living tree or shrub or climb
with spikes any living tree or shrub.
C.
Fasten any rope, wire, electric attachments, sign
or other device to a tree or shrub or to any guard about such tree
or shrub.
D.
Close 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.
E.
Pile any building material or make any mortar or cement
within six feet of a tree or shrub.
F.
Change the grade of the soil within the limits of
the lateral spread of the branches of any such tree.
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 wire
passes against any injury from the wire or cable or from the electric
current carried by it. The device or means used shall in every case
be subject to approval by the Township Committee.
No person shall place any guy wire, brace or
other device on any such tree in such a manner as to injure it.
No person shall hitch or fasten an animal to
any tree or shrub upon a public highway or to any guard or support
provided for the same or permit an animal to bite or otherwise injure
any tree or shrub.
No person shall permit any brine, gas or injurious
chemical or liquid to come in contact with the stump or roots of any
tree or shrub upon a public highway.
No person shall prevent, delay or interfere
with any lawful work undertaken by the Department of Roads or its
authorized agent.
A.
Removal required; notice. In case any tree or shrub,
or any part thereof, along the public highway or sidewalk shall become
dangerous to the public safety, the owner of the property in front
of which such tree or shrub shall be shall remove the same, or the
required part thereof, forthwith upon service of written directive
to that effect from the Township Committee or the County of Monmouth,
in the case of a county right-of-way or highway. The notice shall
be sufficient if served in the same manner as a summons may be served
in accordance with the New Jersey Rules of Court.
B.
The initial notice shall be sent to the property owner by regular
mail. If the owner does not comply within 10 days, a second notice
shall be sent by both certified mail and regular mail or delivered
by personal service upon the property owner.
[Added 3-27-2019 by Ord.
No. 2019-02[1]]
C.
Standards established. The owner or tenant of any lands lying within
the Township shall keep all brush, hedges and other plant life, growing
within 10 feet of any roadway and within 25 feet of the intersection
of two roadways, cut to a height of not more than 2 1/2 feet.
This shall not require the cutting down of any trees where there is
vision through the trees at a height of between 2 1/2 feet and
eight feet from the ground. Any tree or portion thereof which due
to damage or disease is in danger of falling shall be removed.
[Amended 3-27-2019 by Ord. No. 2019-02]
D.
Removal by Township or county. If the owner fails
to remove the tree or shrub or portion thereof within two weeks after
service of written notice to do so, the work shall be performed by
the Township or county, under the supervision of the Superintendent
of Roads or County Road Supervisor, who shall certify the cost thereof
to the Township Committee.
E.
Costs charged against land; lien established. Upon
receipt of the certified costs, the Township Committee shall examine
same and, if found correct, shall cause the costs to be charged against
the lands or, if the Township Committee deems the costs to be excessive,
shall cause the reasonable cost thereof to be charged against the
lands. The amount so charged shall forthwith become a lien upon the
lands and shall be added to and become and form part of the taxes
next to be assessed and levied upon the lands, the same to bear interest
at the same rate as other taxes and shall be collected and enforced
by the same officer and in the same manner as taxes.
F.
Any person, firm, corporation or entity found to be in violation
of any provision of this section shall be subject to a fine not exceeding
sum of $1,250 or imprisonment for 90 days, or both, at the discretion
of the Municipal Court.
[Added 3-27-2019 by Ord.
No. 2019-02]
If any person continues to violate any of the
provisions of this article, after being duly notified of such violation,
or neglects or refuses to comply with any lawful order of the Township
Committee, the failure to comply with a second or each of any subsequent
notifications or orders shall be construed as an additional violation
of this article, and each such additional offense shall subject the
offending party upon conviction to the same penalty as provided for
the first offense.