[HISTORY: Adopted by the Mayor and Council
of the Borough of Park Ridge 4-8-1997 by Ord. No. 97-5. Amendments noted where
applicable.]
GENERAL REFERENCES
Sight distance at intersections — See Ch. 82.
A.
APPROVAL
COMMITTEE
PERSON
DEPARTMENT OF ELECTRIC
DEPARTMENT OF WATER
PUBLIC LANDS
STREET
TREE
As used in this chapter, the terms hereinafter set
forth shall be defined and deemed to have the following meanings:
Written permission of the Chairman of the Committee is required
whenever, pursuant to any provision of this chapter, the Committee
shall have occasion to pass upon a request for approval. It shall,
in determining whether or not to grant such approval, take into consideration
the nature, species, size, age and condition of any tree involved;
the location thereof in the street or park; the planting, care, protection,
maintenance or removal procedures involved; the public safety and
welfare; and the improvement and advancement of the shade tree plan
or program of the Committee.
The Shade Tree Committee of the Borough of Park Ridge, including
any of its duly appointed members and any of its duly authorized agents
or employees.
Any individual, firm, partnership or corporation, or any
combination thereof. Where, in the proper context, it is so required,
this term may be construed to designate the plural as well as the
singular.
The Borough of Park Ridge Department of Electric which is
charged with the responsibility for the operation and maintenance
of the Borough of Park Ridge electric utility.
The Borough of Park Ridge Department of Water which is charged
with the responsibility for the operation and maintenance of the Borough
of Park Ridge water utility.
Any land or property owned by the Borough of Park Ridge or
the Board of Education.
Any road, avenue, street or highway dedicated to the public
use for street purpose, regardless of whether or not it has been formally
accepted by the Borough of Park Ridge. A street shall be deemed to
include all portions lying between the dedicated or established right-of-way
lines and/or planting easement thereof, said lines being identical
with the property lines of land abutting the street.
Any tree, shrub or plant, or any root, branch, flower or
other part thereof, that is located within any street or right-of-way.
B.
Any term or provision of this chapter that contemplates,
directs, regulates or prohibits the doing of any act may, in applicable
cases, and where the context so requires, be construed to include
the causing, allowing, permitting or suffering of such act to be done
by others under the direction, control or supervision of the person
charged therewith. Every such act shall be deemed to be within the
scope of this chapter, regardless of whether it is a deliberate, intentional
or purposeful act or a careless, negligent or unintentional act.
No person shall, without written approval, do
any of the following acts:
A.
Cut down, prune, break, injure, remove, disturb or
interfere, in any way, with any tree.
B.
Spray with any chemical any tree or area adjacent
to a tree so as to cause injury or death to said tree.
C.
Fasten any rope, wire, sign or other device to a tree
or to any guard about such tree.
D.
Remove or damage any guard or device placed to protect
any tree.
E.
Close or obstruct any open space provided about the
base of a tree to permit the access of air, water and fertilizer to
the roots of such tree.
No person shall plant any tree or shrub on any
public lands or street without an approval.
A.
No person shall, without an approval, construct on
any street or public land any stone, asphalt or cement sidewalk which
shall impede the free access of air and water to the roots of any
tree.
B.
Unless already existing, where any tree is to be surrounded
by such pavement, the pavement shall be no nearer to the base of the
tree than two feet.
A.
No person shall place any substance injurious to plant
growth on any street or public land in such a manner as to injure
any tree.
B.
No person shall position any equipment or operate
a combustion engine in any street or on public lands in such a manner
that the heat, vapors, fuel or fumes therefrom may injure any tree.
C.
Every person having or maintaining any underground
or overhead utility lines on any street or public land shall maintain
such lines in such a manner so as to safeguard the trees against any
damage.
A.
In the erection, alteration or repair of any structure
or building, the owner, contractor or other person in charge thereof
shall place such guards around all nearby trees as will effectually
prevent injury to such trees.
B.
No person shall do any excavating within four feet
of any tree without an approval.
C.
No person shall use or operate any power shovel, bulldozer
or any other implement or tool in such a manner as to damage or destroy
any tree.
A.
No person shall string any wires in or through a public
park or property without an approval.
B.
Every person having or maintaining any electric, telephone,
telegraph, cable television or other wires running in or through a
street or public land shall securely fasten and maintain such wires
in such manner as will safeguard all trees against any damage.
C.
No person shall, without an approval, attach or fasten
any wire, insulator or other device for holding any wire to any tree.
D.
Whenever the Committee grants an approval to prune
or remove any tree, any person having a wire running in or through
any street or public land shall be required to remove such wire within
24 hours after the service upon the person or his agent of a written
notice to do so.
E.
Any public utility or its agents may, upon receipt
of an approval from the Committee, prune or remove trees from utility
wires in nonemergency situations pursuant to a line clearance program.
F.
Any public utility or its agents may undertake emergency
tree work to restore service or spot work to prevent interruption
of electrical, telephone, cable television or other wire services.
In such event, the utility will notify the Committee of said work
within three business days of its beginning.
G.
The Departments of Water and Electric of the Borough
of Park Ridge are excluded from the operation of this chapter, except
that, where practicable, those Departments shall notify the Committee
of their pruning or removal of trees for purposes of line clearance
or other utility work at least three days prior to the beginning of
their work.
No person shall prevent, delay or in any manner
interfere with the Committee or its authorized agents in the performance
of their lawful duties.
Any person who violates any of the provisions
of this chapter or who fails to comply with the terms and provisions
of any approval issued pursuant hereto shall, upon conviction in Municipal
Court thereof, pay a fine of not less than $200 nor more than $1,500
at the discretion of the court. Each day that a violation shall continue
shall constitute a separate offense.
In addition to the penalties authorized by § 81B-9 of this chapter, the Committee 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 Committee for that purpose. In lieu of an appraisal, the Committee may adopt a formula and schedule based upon the number of square inches contained in a cross section of a trunk of the tree multiplied by a predetermined value per square inch, not to exceed $27 per square inch. The square inch cross section shall be calculated from the diameter at chest height, and, if there is a multiple stem tree, then each truck shall be measured and an average shall be determined for the tree. For the purposes of this chapter, "diameter at chest height" shall mean the diameter of the tree taken at a point 4 1/2 feet above ground level. The Committee shall modify the value of the tree based upon its species variety, location and its condition at the time of removal or destruction.
