[HISTORY: Adopted by the Mayor and Council of the Borough
of Washington 9-4-2012 by Ord.
No. 6-2012.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 75.
Shade Tree Commission — See Ch. 76.
Weeds and obnoxious growths — See Ch. 91.
[1]
Editor's Note: This ordinance superseded former Ch. 83, Trees,
adopted 1-8-1974 by Ord. No. 28-73, as amended.
A.
Prohibited acts.
(1)
No person, firm, corporation or individual connected with such firm
or corporation shall do or cause to be done by others to any tree,
in the right-of-way area, public highway or place, either purposely,
carelessly or negligently, without the written permission of the Shade
Tree Commission, any of the following acts:
(2)
Nothing herein shall prevent any governmental agency from tying a
temporary public notice upon a tree in connection with administering
governmental affairs.
B.
Excavations.
(1)
Shovels and all other implements, machines and tools shall be used
or operated in such a manner as not to damage or destroy any tree
in any public highway or location in the right-of-way area.
(2)
Where in authorized excavations it becomes necessary to expose or
cut roots more than one inch in diameter, it shall be the duty of
the contractor to protect such roots under advice from the Shade Tree
Commission.
C.
Utility wires.
(1)
Every person, firm or corporation having or maintaining any electric,
telephone, telegraph or other wires running through a public highway
shall securely fasten and maintain such wires in such a manner as
will safeguard the trees against any damage therefrom and shall make
periodic adjustments whenever necessary to prevent damage to trees
growing in any public highway or place.
(2)
No person, firm or corporation shall, without written permission
of the Shade Tree Commission, attach or fasten any wire, insulator
or other device for holding any wire to any tree in any public highway
or location in the right-of-way area.
(3)
Any utility company or its agents may, with prior permission from
the Shade Tree Commission, prune and remove trees for line clearance
of utility wires.
D.
Landscaping.
(1)
In new subdivisions or when the development of commercial property
occurs, the Washington Borough Shade Tree Commission shall review
landscaping plans and may require street trees to be planted in any
of the streets, parking lots, parks and other public places abutting
lands henceforth developed and/or subdivided.
A.
No variety of tree other than nursery-grown trees listed in the Shade
Tree Federation of New Jersey publication "Trees for New Jersey Streets"
shall be planted in or upon the public highways and parks of the Borough
of Washington unless the prior approval of the Borough of Washington
Shade Tree Commission has been obtained to deviate.
B.
Notice must be given to a member of the Shade Tree Commission two
weeks prior to the start of planting in order that the Commission
may inspect the stock for variety, condition, size and quality. Each
case will be determined on an individual basis. All work shall be
subject to the general supervision and approval of the Borough of
Washington Shade Tree Commission.
C.
No such trees shall be planted unless the same shall be not less
than 2 1/2 inches' caliper measured three feet above the ground
nor less than 10 feet high. Such trees shall be well-branched, branches
to start not less than six feet from the crown of the root system.
D.
Where authorized for placement, flowering decorative trees may be
of smaller size than shade varieties. Such trees shall be not less
than two inches' caliper measured three feet above the ground
nor less than eight feet high. They shall be well-branched, branches
to start not less than five feet from the crown of the root system.
E.
All such trees must be planted within the right-of-way of the street
or highway. The exact location of such trees shall be determined by
the Shade Tree Commission but shall be at least 30 feet from intercepting
curbs at street corners. Such trees shall be approximately 50 feet
apart.
F.
No trees coming within the jurisdiction of the Washington Borough
Shade Tree Commission shall be planted between May 15 and the following
October 1.
G.
According to the New Jersey Department of Environmental Protection,
Division of Parks and Forestry, the following steps are recommended
for planting trees. Dig a hole at least one to two feet wider than
the root ball. Using a tape measure, stick or a shovel, measure the
height of the root ball and then measure the depth of the hole. Add
or remove soil in the hole so the top of the root ball will be flush
with the ground. If the root ball has a wire basket, remove the bottom
1/3 of the basket. Gently roll the root ball in the hole. Do not move
the tree by its trunk. Look at the tree from a few angles making sure
that the tree is straight. If needed, add soil under the root ball.
Once the tree is straight, remove the rest of the wire basket. If
the tree was balled in burlap, pull the burlap away from the trunk
or remove the burlap completely. Slightly compact the soil as you
fill the hole. Proceed to mulch around the tree in a donut shape and
water thoroughly. Continue to water the tree as needed. When planting
a tree, keep in mind its adult size. In order to avoid interference
with electrical wires and cables, smaller trees ranging in height
from 20 to 30 feet are a suitable choice. Larger trees should intentionally
be planted away from any overhead wires. These recommendations must
be followed to the best of the landscapers' ability.
H.
All stakes for such trees shall be of white or red cedar and must
be eight feet long and not less than two inches in minimum diameter.
Stakes must be driven into the ground to a depth of 12 inches below
the excavation before planting the tree and are to be placed preferably
on the northwest side of the tree trunk. Trees shall be guyed to the
stakes, using No. 10 wire in a piece of rubber hose. The wire shall
be stapled to the stake in such a manner that the wire will not slip
nor come in contact with the tree trunk.
I.
After planting of such trees, removal of all debris in the disturbed
area shall be made immediately. The property where such planting is
made must be left in a neat and orderly condition in accordance with
good and accepted planting and tree surgery practice.
J.
All trees which fail to survive for a period of one calendar year
following planting shall be replaced by the developer at no cost or
expense to the Borough. Said replacement shall be made within 60 days
following written demand for such replacement from the Borough Council
or other designated official or within such more-extended period as
may be specified.
Where permission, consent or approval of the Shade Tree Commission
is required by the provisions of this chapter, any person, firm or
corporation required to obtain such permission, consent or approval
shall first make application therefor, in writing, to the Secretary,
Shade Tree Commission, Borough of Washington, County of Warren and
State of New Jersey.
Any person, group of persons, partnership, association or corporation,
individually or collectively, who shall violate or aid in, take part
in or assist in the violation of this chapter shall be subject, upon
conviction, to a fine of not more than $500 or to imprisonment for
a period not to exceed 90 days, or to both. Each and every day that
such violation occurs or continues to exist shall be considered a
separate and specific violation.
