[HISTORY: Adopted by the Mayor and Council of the Borough
of Kenilworth 11-9-1976 by Ord.
No. 76-27. Amendments noted where applicable.]
For the purpose of this chapter, the following terms shall have
the meanings indicated:
Includes the entire width between the boundary lines of every
publicly maintained roadway when any part thereof is open to the use
of the public for the purposes of vehicular traffic.
[Amended 9-12-2018 by Ord. No. 2018-14; 9-6-2023 by Ord. No. 2023-15]
A.Â
No person, firm or corporation shall do or cause to be done any of
the following acts upon a public highway or within the public right-of-way
within the Borough of Kenilworth without the written permission of
the Department of Public Works Committee Chairperson of the Borough
of Kenilworth:
(1)Â
Cut, trim, remove, break, climb with spikes, disturb the roots of
or otherwise injure or spray with any chemical or remove any structure
or device to support such tree.
(2)Â
Plant or replace any tree with a tree species that is not listed
on the Borough of Kenilworth's list of approved tree species.
The planted tree shall meet the minimum size requirement as designated
by the Borough of Kenilworth and may not be seeds or saplings.
(3)Â
Fasten any rope, wire, electric attachment, sign or other device
to a tree or to any guard about such tree.
(4)Â
Close or obstruct any open space provided about the base of a tree
to permit the access of air, water or fertilizer to the roots of such
tree.
B.Â
The aforesaid requirement for written permission shall not apply
to public utility companies which routinely must trim or remove trees
in order to provide safe, adequate and reliable electric or telephone
service to members of the public. Except in emergency conditions,
such public utility company shall notify the Department of Public
Works Committee of the Borough of Kenilworth of tree trimming or removal
before such work is performed.
C.Â
The aforesaid written permission shall be granted after approval
of a completed application form provided by the Borough of Kenilworth,
available via paper application and/or online submission. The application
shall include the species of tree(s) to be planted, size(s) and location(s)
of the tree(s) and the time frame for the planting of the tree(s).
(1)Â
Once the applicant receives permission, they must submit a bond in
the amount of $1,000 per tree, which will be returned to the applicant
once the work for tree removal and/or tree planting is completed.
The Department of Public Works will inspect and sign off on the bond
after that all work has been completed before the bond is returned
to the applicant.
(2)Â
Placement of the tree(s) to be planted is at the discretion of the
Superintendent of Public Works or his/her designee.
(3)Â
Where stump grinding is required, the grinding and new planting shall
be completed within six weeks of the date of written approval.
(4)Â
In the event that an applicant is in need of an extension to replant
any or all tree(s) they received written permission to plant due to
an extenuating circumstance, the applicant will need to submit a written
request for an extension, which shall be granted and signed off by
the Department of Public Works Committee Chair.
D.Â
The Borough of Kenilworth Clerk's Office shall maintain and
make available with the application the most current list of approved
tree species.
E.Â
No tree standing over 10 feet tall shall be cut down or removed by
anyone other than a professional licensed by the State of New Jersey
and the Board of Tree Experts.
(1)Â
The licensed professional must sign an indemnity statement.
(2)Â
The licensed professional must provide the Borough with a certificate
of insurance naming the Borough of Kenilworth as an additional insured
with the following minimum insurance:
(a)Â
General liability limits of $1,000,000 per occurrence, combined
single limit for bodily injury and property damage with at least $2,000,000
general aggregate. Contractual liability must be included.
(b)Â
Automobile limits of $1,000,000 per occurrence, combined single
limit for bodily injury and property damage with no aggregate.
(c)Â
Statutory workers compensation limits including employers liability
limits of $500,000.
(d)Â
Umbrella liability limits of $1,000,000 to $2,000,000 are also
preferred.
Every person, firm or corporation having control of any wire
for the transmission of electric current along a public highway shall
properly trim all trees through which or near which such wire passes
in order to prevent any injury from the wire or the electric current
carried by it.
[Amended 9-6-2023 by Ord. No. 2023-15]
No person, firm or corporation shall permit any brine, gas or
injurious chemical to come in contact with the stem or roots of any
tree upon any public highway.
