[Ord. #2177, § 1; Ord. #2247, § 1]
As used in this chapter, the following terms shall have the
meanings indicated:
Shall mean the department of the township government with
jurisdiction over shade trees.
Shall mean every person, individual, firm, association, partnership,
and corporation, including employees and agents of the before mentioned.
Shall mean shade and ornamental trees and shrubbery now located
or which may hereafter be planted in any public highway, street, or
parks, area between sidewalks and curbs and/or right-of-way of public
street except those located or planted on county or state high-ways.
Shall mean all streets, roads, roadways, public highways
or parks, public alleys and public places in the town, except county
parks and state highways.
[Ord. #2177, § 2; Ord. #2247, § 2]
No person shall do or cause to be done by others to any tree,
shrub or plant on a public street or place, either purposely, carelessly
or negligently, without the permission of the DPW, any of the following
acts:
[Ord. #2177, § 3; Ord. #2247, § 3]
a.
No person, without the permission of the DPW, may place or maintain
or cause to be placed or maintained upon the ground in any public
highway or place any stone, cement or other sidewalks or any stone,
asphalt, cement or other substance which shall impede the free access
of air and water to the roots of any tree or shrub in any public street
or place.
b.
An open space of not less than two feet outside the trunks of trees
at their bases on all sides must be maintained on all trees on public
streets except where limited by curb and/or sidewalks.
[Ord. #2177, § 4; Ord. #2247, § 4]
No person shall place salt, brine, oil, chemical or other substances
injurious to plant growth in any public street or place in such a
manner as to injure any tree or shrub growing thereon.
[Ord. #2177, § 5; Ord. #2247, § 5]
No person is permitted to lay any sidewalk along or to open,
construct, curb or pave any street or do any like act so as to interfere
with or do injury to any highway shade tree without written consent
of the DPW.
[Ord. #2177, § 6; Ord. #2247, § 6]
a.
In the erection, altering or repairing of any building or structure,
the owner or contractor thereof shall place such guards around all
nearby trees in public highways or places as will effectually prevent
injury to such trees.
b.
No person shall do any excavating within two feet of any tree or
shrub without the written permission of the DPW.
c.
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,
shrub or plant in any public highway or place.
d.
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 the supervision of the
shade tree commission.
[Ord. #2177, § 7; Ord. #2247, § 7]
Any person requesting the removal or transplanting of any shade
tree must obtain written approval from the DPW. If such removal or
transplanting, in the opinion of the DPW, is of no advantage to the
general public but advantageous to only said person requesting the
work, then such person shall pay the cost of such work, said costs
to be determined by the DPW. Said cost of removal or transplanting
of shade trees shall be based on the size and condition of the tree.
A deposit sufficient to cover the cost of said work shall be made
before the work is started.
[Ord. #2177, § 8; Ord. #2247, § 8]
The DPW may remove or require the removal of any tree or part
thereof dangerous to public safety, at the expense of the owner of
such tree, upon first serving written notice to the owner of said
tree that the same will be removed unless the owner removes the same
within one week from the date of said notice.
[Ord. #2177, § 9; Ord. #2247, § 9]
No shade or ornamental tree or shrub shall be planted in any
of the public highways of this town except by a representative of
the DPW.
a.
The DPW, in its discretion, will plant a tree for a property owner
upon written request, provided that there is sufficient distance for
the future growth of said tree and budget or availability of funds
allows for said planting.
b.
Trees replacing trees heretofore planted by the DPW and removed because
of disease, storm damage, accidents or natural causes will, in the
discretion of the DPW, be replaced by the DPW at no charge to the
property owner, provided that there is a minimum width of 50 feet
between trees on the same side of the street.
c.
The type and selection of trees to be planted will be determined
by the DPW.
[Ord. #2177, § 10; Ord. #2247, § 10]
No person shall prevent, delay or in any manner interfere with
the DPW or its authorized agents or representatives in the performance
of their lawful duties.
[Ord. #2177, § 11; Ord. #2247, § 11]
a.
Every utility company 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 and shrubs against any damage therefrom and shall make periodical
adjustments whenever necessary to prevent damage to trees and shrubs
growing in any public highway or place.
b.
Every utility company having any wire or wires charged with electricity
running through a public highway shall temporarily remove any such
wire or wires or the electricity therefrom, when it shall be necessary
in order to take down or prune any trees growing in a public highway,
within 24 hours after the service upon the owner of said wire or wires,
or upon his agent, of a written notice to remove said wire or wires
or the electricity therefrom, signed by the DPW, or its secretary
upon the order of such DPW.
c.
No person shall, without permission of the DPW, attach or fasten
any wire, insulator or other device for holding any wire to any tree
or shrub in any public highway or place.
d.
No utility company or its agents may, without prior permission from
the DPW, prune and remove trees for line clearance of utility wires.
[Ord. #2177, § 12; Ord. #2247, § 12;
Ord. #2727, § 3]
The death, destruction, removal or injury of each and every
tree or shrub in violation of any provision of this chapter shall
constitute a separate offense. Any person who shall violate or authorize
or permit any violation of any provision of this chapter shall, upon
conviction thereof in Municipal Court, forfeit and pay a penalty of
up to $1,000 for each and every offense. Complaints shall be signed
by the superintendent of the DPW.
[Ord. #2525, § I]
There shall be established within the department of public works
in the Township of Lyndhurst an advisory shade tree committee.
[Ord. #2525, § I]
The purpose of the advisory shade tree committee shall be to
make recommendations to the commissioner of the department of public
works as to the planting, replacement and removal of trees within
the municipality. The shade tree committee shall serve in an advisory
capacity to the commissioner of the department of public works and
shall have no power or authority for the regulation, planting, care
and control of shade and ornamental trees and shrubbery upon or in
the highways, parks or parkways within the jurisdiction of the township.
All such authority shall remain vested in the department of public
works as set forth in this chapter.
[Ord. #2525, § I]
The advisory shade tree committee shall consist of five residents
of the township appointed by the commissioner of the department of
public works, who shall serve without compensation for a term of three
years, except that those first appointed shall be on a staggered basis.
All appointments, except those to fill vacancies, shall be effective
January 1 next succeeding the appointment. Any vacancy occurring by
reason of the death, resignation or removal of any member shall be
filled for the unexpired term by the commissioner of the department
of public works.
[Ord. #2525, § I]
The committee shall organize annually by the election of one
of its members as chairman and the appointment of a secretary, who
need not be a member. The committee shall meet at least four times
annually and make its recommendations to the commissioner of the department
of public works.
[Ord. #2525, § I]
The advisory shade tree committee shall make, keep and preserve
minutes and records of its meetings and activities and shall make
an annual report to the department of public works before the 15th
day of January of the succeeding year.
[Ord. #2525, § I]
No expense shall be incurred or contract entered into by the
advisory shade tree committee unless the funds therefor shall have
been previously appropriated to the purpose thereof by the board of
commissioners and have been approved by the commissioner of the department
of public works.
