[Adopted 2-21-2013 by Ord. No. 1-17-2013[1]]
[1]
Editor's Note: This ordinance was originally adopted
as Ch. 62, but was renumbered to maintain the organization of the
Code.
The purpose of this chapter is to provide for the planting,
maintenance, control, protection and improvement of shade trees and
shrubbery along public streets and roads and public places within
the Borough of Haledon and to vest in the Shade Tree Committee the
authority to carry out the provisions of this article, subject to
the approval of the governing body.
As used in this chapter, the following terms shall have the
meanings indicated:
Any individual, association, partnership, company, agency,
corporation or combination thereof.
As applied to public utility companies, poles, wires, cables,
subsurface conduits, pipes, manholes and appurtenant facilities of
such companies installed in a street.
The Superintendent of the Department of Public Works, or
his or her designee.
A public utility as defined in N.J.S.A. 48:2-13.
Any public street of the Borough; municipal parks, county
roads, if the County Shade Tree Committee assents.
Shade and ornamental trees and shrubs in the Borough.
A.
No person shall plant, cut down and/or trim any tree or shrubbery
within any Borough right-of-way or on any Borough-owned lands without
first obtaining a permit approved by the Public Officer who shall
consult with the Shade Tree Committee prior to issuing any such permit.
B.
No property owner shall plant any trees or shrubbery within 10 feet
of the Borough right-of-way without first obtaining the approval of
the Public Officer who shall consult with the Shade Tree Committee
prior to issuing any such approval. The purpose of this provision
is to ensure free access, presently and in the future, to the public
for use of Borough rights-of-way.
C.
No fee shall be required for issuance of a shade tree permit.
No person shall do any of the following acts to any trees or
shrubbery within the jurisdiction of the article without first obtaining
a permit from the Public Officer who shall consult with the Shade
Tree Committee prior to issuing any such permit:
A.
Prune, cut, climb with spikes, damage, break or remove or kill.
B.
Cut, disturb or interfere in any way with roots.
C.
Spray with chemicals.
D.
Fasten any wire, rope, sign or other device to any tree.
E.
Remove or damage any guard or device placed to protect any tree or
shrub.
F.
Spread or apply any injurious chemicals, including salt, around the
root area of any tree or shrub.
G.
Remove soil, either for trucking or otherwise, within two feet of
any tree.
H.
Construct new sidewalks and/or driveways with any materials within
two feet of a tree.
I.
Excavate within two feet of a tree.
J.
Allow trees and shrubbery on private property to obstruct walkways
or streets and obscure vision of persons using same. Owners of properties
shall prune trees in such a manner that branches will hang not less
than eight feet over sidewalks and 13 feet over roadways. Shrubbery
shall be pruned back in such a manner to prevent branches from obstructing,
hindering or harming pedestrians.
K.
Plant trees or shrubs.
Upon the yearly receipt of proof from a utility company that
trained and qualified persons are responsible, a blanket permit may
be approved for work within the area of jurisdiction of the Shade
Tree Committee of the Borough of Haledon. This work is subject to
inspection by the Public Officer.
All new or added construction shall be subject to the above
regulations. Upon receiving a building permit, it is understood that
the builder or property owners will cooperate with the Shade Tree
Committee of the Borough of Haledon. Any new structure, home, business,
industry or improvement to existing structures is not complete until
properly planted, that is:
A.
Where advisable, shade trees are to be planted, but not closer than
40 feet, on center, with a minimum of two per lot, within property
designated as reserved to the Borough of Haledon by easement or other
reservation.
B.
Parking lots must have areas set aside for shade trees and/or evergreens
and shrubs, or both, and planting for screening where advisable.
C.
Trees shall be two inches or more in diameter and of the kinds designated
by the Committee.
No person shall prevent, delay or in any manner interfere with
the Committee, Public Officer or any authorized agent of the Committee
in the performance of their lawful duties.
All inspections, regulations and enforcements of violations
of the provisions of this chapter shall be under the direction and
supervision of the Committee and the Public Officer, who shall cause
complaints to be issued in the Municipal Court for a violation of
any provision of this chapter.
Any person who is found guilty of violating any of the provisions
of this chapter shall, upon conviction by the Municipal Court, be
fined a sum not to exceed $500 for each offense. Each day that any
violation shall continue shall be considered a separate offense.
The Shade Tree Committee shall consist of up to, but not exceed,
seven members who shall be residents of the Borough of Haledon. The
members of the Shade Tree Committee shall be appointed by the Mayor
with the approval of the Borough Council for a term of one year to
serve without salary. In addition to the seven members, the Haledon
Superintendent Public Works shall serve as an ex officio, nonvoting
member of the Committee.
