[Ord. No. 2443-15]
a.
Indiscriminate, uncontrolled and excess destruction, removal and
cutting of trees upon lots and tracts of land within the Township
of Millburn will cause increased drainage control costs, increased
soil erosion and sedimentation, decreased fertility of the soil, degradation
of water resources, decreased groundwater recharge, increased buildup
of atmospheric carbon dioxide, the establishment of a heat island
effect and increased dust and pollution. The singular or cumulative
affect of any of the foregoing could adversely impact the character
of Millburn Township, decrease property values, render the land unfit
and unsuitable for its most appropriate use, and negatively affect
the health, safety and general welfare of Millburn's residents.
Thus, the Township governing body desires to regulate and control
indiscriminate and excessive cutting of trees within the Township
and to require appropriate tree replacement.
b.
It is recognized that there is a strong interrelationship between
the integrity of the Township's water resources, development
on steep slopes, tree removal, soil disturbance, stormwater management
and the general use of the land resources. Fewer trees throughout
the Township also correlates with increased air pollution. Therefore,
the governing body finds that the appropriate management of these
resources is an important health, safety and general welfare concern.
Managing the Township's tree resources is consistent with the
State-approved community forestry management plan, as in P.L. 1996,
c. 135.[1] The appropriate management guidelines for tree preservation
to be utilized are:
1.
The American National Standard, ANSI A300;
2.
Trees and Development: A Technical Guide to Preservation of Trees
During Land Development, Nelda Matheny and James R. Clark; and
3.
Penn State Guide to Tree Preservation During Construction.
[1]
Editor's Note: See N.J.S.A. 13:1L-17.1 et seq.
c.
Trees are declared to be an important cultural, ecological, scenic
and economic resource. Proper management of this resource will ensure
its maintenance and result in economic returns. A forestry management
program is intended to meet the objectives of preserving, protecting,
enhancing and maintaining trees and providing opportunities for the
continued use of forest resources which are compatible with the maintenance
of the environment. This will be accomplished by ensuring management
of forest and trees through the application of sound management practices.
To that end, it shall be unlawful to cut down, damage, poison or in
any other manner destroy or cause to be destroyed any trees covered
by this chapter, except in accordance with the provisions of this
chapter.
d.
The enforcement of this chapter shall be the duty of the Enforcement
officer, which shall mean the Forester of the Township of Millburn
or his/her duly authorized representative.
[Ord. No. 2443-15]
As used in this chapter, the following terms shall have the
meanings indicated:
"Caliper" is a type of diameter measurement used in the nursery
industry. The height measurement shall be taken from ground level
for field-grown stock and from the soil line for container-grown stock,
which should be at or near the top of the root flare. Caliper measurement
of the trunk shall be taken six (6") inches above the top of root
flare up to and including four-inch caliper size. If the caliper at
six (6") inches above the ground exceeds four (4") inches, the caliper
should be measured at twelve (12") inches above the top of root flare.
Seldom are tree trunks perfectly round. The most accurate measurement
will result from the use of a diameter tape. Caliper measurements
taken with manual or electronic slot or pincer type caliper tools
should be the average of the smallest and largest measurements.
The diameter of a tree measured four (4') feet above
the uphill/highest side.
Shall mean the circular area surrounding a tree, the radius
of which area shall be the distance from the trunk of the tree to
the outermost branch of the tree.
Shall mean the Forester of the Township of Millburn or his/her
duly authorized representatives.
Shall mean the detachment and movement of soil or rock fragments
by water, ice, wind and gravity.
Shall mean a tree that has been determined to be at least
one hundred (100) years old and of notable historic interest to Millburn
Township because of its age, type, size or historic association and
which has been so designated by ordinance and/or resolution of the
Township Committee, as appropriate.
Shall mean a plan of tree removal, preservation, and planting
prepared by a New Jersey Licensed Tree Expert or Licensed Landscape
Architect.
Shall mean a license issued by the Township Forester to remove
or destroy a tree.
Shall mean tree roots within the dripline perimeter.
Shall mean any tree in fair or better condition which is
so designated by ordinance and/or resolution of the Township Committee,
as appropriate, based on considerations of whether the tree is a rare
species or specimen thereof; is abnormal in height, trunk diameter
or dripline circumference for a tree of its species; has foliage of
an unusual quality for a tree of its species; occupies a location
which confers special shade tree, fragrance, erosion control, aesthetic,
scenic enhancement, historic, preservation or cultural values to the
community. For purposes of this definition, "in fair or better condition"
shall mean that a tree has a relatively sound and solid trunk with
no evidence of extensive decay or visual evidence of being hollow
and with no major insect or pathological problem.
Shall mean that individual appointed by the Business Administrator
with the consent of the Township Committee having direct charge and
management of the maintenance and/or repair of all streets, sewers,
drainage, shade trees, parks and other like operations performed by
the Township.
Shall mean the qualified professional engineer and certified
municipal engineer licensed by the State of New Jersey and appointed
by the Township Committee to oversee planning, construction, and maintenance
of public improvements and other matters of similar character.
Shall mean that person appointed by the Township to supervise
and insure the conservation, protection and care of trees, shrubs
and soil within the Township and having the scope of duties and authority
provided for in this Chapter and shall also include those persons
working under the Township Forester's supervision or authorized
to carry out the duties and obligations assigned to the Township Forester.
Shall mean a tree located on land owned by the Township or
other municipal body or which is located on a street, highway, right-of-way
or parkway.
Shall mean any woody perennial plant having a diameter greater
than ten (10") inches measured at a point four (4') feet above
the ground.
Shall refer to any person or organization seeking to remove
or alter trees in the Township.
Shall mean the permit issued by the Forester or its designee
to remove or destroy a tree or to place machinery, material or temporary
soil deposit or regrade soil within the dripline of any tree.
[Ord. No. 2443-15]
The terms and provisions of this Chapter shall apply as follows:
a.
Unless specifically excepted in Section 11-8 below, no person shall cut or remove, or cause or permit to be cut or removed, any tree on any land within the Township or place any machinery, material or temporary soil deposit or regrade the soil within the dripline of any tree unless the person shall have first obtained a permit therefor in accordance with the regulations and provisions of this Chapter.
b.
Specimen and historic trees.
1.
Trees which have been designated as specimen or historic under the
provisions of this Chapter shall be maintained in a living condition,
and it shall be unlawful for any person to cut or remove such tree
or place any machinery, material or temporary soil deposit or regrade
the soil within the dripline of such tree without an approved tree
removal permit. No specimen or historic tree shall be cut or removed,
and none of the activities set forth in this paragraph shall be undertaken,
unless the applicant has obtained the approval of the Enforcement
Officer.
2.
The condition of trees proposed to be saved shall be evaluated by
use of guides including, but not limited to, the following:
[Ord. No. 2443-15]
a.
Any person wishing to obtain a Tree Removal Permit shall make application to the Enforcement Officer by filing a written application and paying such fees as are set forth in Section 11-6
Any person desiring to cut or remove any tree or trees or to
place machinery, material or temporary soil deposit or regrade soil
within the dripline of any tree within the Township shall file an
application therefor with the Enforcement Officer on a form to be
provided for the purpose. The application shall identify the lot or
tract of land upon which the tree or trees are located; shall disclose
the name and address of the owner or duly authorized agent of the
owner; shall set forth the reasons for requesting a permit to cut
or remove same; and shall acknowledge who owns the tree or trees and
shall indemnify and hold the Township harmless against any and all
liability, damages and costs resulting from or arising out of the
applicant's cutting or removal of any tree or trees. The applicant
shall attach to the application a survey or other document satisfactory
to the Enforcement Officer which accurately sets forth the location
of the tree or trees and evidence of the ownership thereof.
b.
When a permit is required, the applicant shall submit a Millburn Tree Restoration Plan with the application that identifies the location of the tree on the property survey, species and diameter of tree(s) to be removed, and proposed location and species of replacements according to the table in Section 11-15 below.
c.
The Enforcement Officer shall review the application, which shall upon filing be deemed to constitute consent from the applicant to the Enforcement Officer and/or such person or persons as he/she may in writing designate for entry upon the land for the purpose of inspection. In reviewing any such application the Enforcement Officer may in his/her discretion consult the Shade Tree Advisory Board, the Township Engineer, and such landscape architect or geologist as he/she may deem necessary or advisable. Except as otherwise hereinafter provided in paragraph d within twenty (20) business days excluding Saturdays, Sundays and legal holidays from the filing of an application hereunder, the Enforcement Officer shall endorse his/her decision upon the application, and in case of partial or complete disapproval, shall set forth the basis for such decision. In addition, where appropriate, the Enforcement Officer shall indicate on such application guidelines and preventive measures to be taken to preserve from injury or destruction trees not sought to be cut or removed. Among the conditions which the Enforcement Officer may impose on a permit are the requirement of a performance bond in the amount of the value of the trees to be preserved as appraised by a New Jersey certified tree expert, which bond shall be released upon issuance of a Certificate of Occupancy, and the requirement of replanting trees or shrubs if trees which provide buffer, reduce soil erosion, or serve other purposes consistent with the provisions of Section 11-1, are to be removed. Any application approved, in whole or in part, shall automatically become a permit in accordance with the terms of the endorsement. Any permit not acted upon within three (3) months from the date of such approval shall automatically expire.
d.
Upon the filing of any application for the cutting or removal of
trees located on any lot or tract for which an application for a Building
Permit or subdivision or site plan review is required to be submitted
to the Construction Code Official, the Township Planning Board or
the Board of Adjustment, the applicant shall furnish the Enforcement
Officer with a copy of the Building Permit application or subdivision
plat or site plan therefor, and the Enforcement Officer may withhold
his/her endorsement pending receipt of written notice of official
action with respect to such Building Permit, subdivision plat or site
plan application. Within twenty (20) business days, excluding Saturdays,
Sundays and legal holidays, of the receipt of such notice, the Enforcement
Officer shall act upon the application as provided in the preceding
paragraph c.
e.
The Enforcement Officer shall require the applicant to give notice
to owners of real property within twenty (20') feet of a tree
which is proposed to be cut or removed. Such notice shall be given
by personal service or certified mail, return receipt requested, at
least ten (10) days prior to any proposed cutting or removal of a
tree. All required fees and bonds for any application, shall be paid
and/or a copy provided to the Township prior to the issuance of the
tree removal permit.
f.
Tree removal permit applications shall be filed at the Enforcement Officer's office and shall be completed in full. The application must be deemed complete and all required fees, as set forth in Section 11-6, be paid prior to review.
g.
Inspections. After the application is complete and reviewed, the
Enforcement Officer shall inspect the trees and property which are
the subject of the permit application.
h.
The following trees are hereby designated as Historic trees:
(T) is Township Tree
|
Tree
|
Diameter
|
Circumference
|
Location
|
|---|---|---|---|
|
Quercus alba — White Oak
|
3.21' (d)
|
548 White Oak Ridge Road
| |
|
Quercus alba — White Oak
|
4.25' (d)
|
25 Ridge Terrace
| |
|
Quercus alba — White Oak
|
3.50' (d)
|
31 Knollwood Road
| |
|
Quercus alba — White Oak
|
3.70' (d)
|
Birch Lane Island (T) Tag #3130
| |
|
Quercus alba — White Oak
|
3.95' (d)
|
5 Northern Drive
| |
|
Quercus alba — White Oak
|
5.34' (d)
|
18 Brooklawn Drive, Front
| |
|
Quercus alba — White Oak
|
5.52' (d)
|
38 Kenilworth Drive
| |
|
Quercus alba — White Oak
|
5.87' (d)
|
61 Great Oak Drive (T) Tag #4971
| |
|
Quercus — Veluntina, Black Oak
|
4.50' (d)
|
2 Barberry Lane (T) Tag #2905
| |
|
Fraxinus Americana — White Ash
|
13'4" (c)
|
1 Briarwood Drive
| |
|
Quercus coccinea — Scarlet Oak
|
12'4" (c)
|
44 Windermere Terrace
| |
|
Quercus coccinea — Scarlet Oak
|
14'11" (c)
|
26 Coniston Road (on Windermere)
| |
|
Quercus alba — White Oak
|
14'11" (c)
|
40 Knollwood Road (Wells Lane) (T) Tag #4338
| |
|
Quercus coccinea — Scarlet Oak
|
11'6" (c)
|
40 Knollwood Road (Wells Lane)
| |
|
Fraxinus Americana — White Ash
|
12'8" (c)
|
104 Farley Road (T) Tag #5034
| |
|
Ulmus Americana — American Elm
|
12'8" (c)
|
308 Millburn Avenue (Taylor Park) (T)
| |
|
Quercus alba — White Oak
|
15'8" (c)
|
55 White Oak Ridge Road (Multi)
| |
|
Quercus coccinea — Scarlet Oak
|
12'10" (c)
|
1 Park Place
| |
|
Quercus alba — White Oak
|
13'1" (c)
|
1 Park Place
| |
|
Platanus occidentalis — American Sycamore
|
12'9" (c)
|
Lackawanna and Glen Avenue (T)
|
[Ord. No. 2443-15]
Upon receipt of an application for cutting or removal of trees,
the Enforcement Officer, and/or his /her designee, shall inspect the
site on which are located the tree or trees sought to be cut or removed
or otherwise protected within the intendment of this Chapter and the
drainage and other physical conditions existing on the subject property
and adjoining properties. The Enforcement Officer shall consider the
following factors in deciding whether to issue such permit:
a.
Whether the proposed cutting or removal would impair the growth and
development of the remaining trees on the applicant's property
or adjacent property.
b.
Whether the proposed cutting or removal would adversely change existing
drainage patterns impacting neighboring properties.
c.
Whether the proposed removal would allow soil erosion or increase
dust.
d.
Whether the proposed removal would constitute a significant change
in the screening between existing or proposed buildings on contiguous
lots or would change the wooded aspect of the lot as viewed from the
adjacent public road.
e.
Whether the proposed removal would constitute a horticulturally advantageous
thinning of an existing overgrown area.
f.
The overall effect of removal of such tree or trees on the physical
and aesthetic value of the property and the neighborhood.
g.
Whether the area where such tree or trees are located will be occupied
by a building or structure, a driveway or recreation area, a roadway,
a drainage right-of-way, or a sewer line, or whether such area is
within twenty (20') feet of any of the foregoing.
h.
Whether existing conditions or proposed changes in the topography
of the area where such tree or trees are located have depressed land
configuration or fill of land which shall be deemed injurious to the
trees or other trees located nearby so as to require welling, construction
of an aerification system, or tree removal or replacement.
i.
Whether the presence of the tree or trees is likely to cause hardship
or will endanger the public or any adjoining property owner by reason
of its being diseased or dead or for some other adequate reason within
the intent of this Chapter.
[Ord. No. 2443-15]
Fees shall not be charged to an applicant with respect to a
tract of land having a single or two-family dwelling occupied by the
owner thereof located thereon. Except as provided in the previous
sentence, each applicant for a permit under this Chapter shall make
a nonrefundable deposit with the Enforcement Officer of a fee of fifty
dollars ($50.00) for the first tree removal permit, and a fee of twenty
dollars ($20.00) for each additional tree removal permit. A separate
Tree Removal Permit shall be required for each tree.
[Ord. No. 2443-15]
Any person aggrieved by the decision of the Enforcement Officer
shall have the right to appeal such decision to the Township Committee.
Such appeal shall be by written notice stating the reasons upon which
the appeal is based, filed with the Township Clerk within ten (10)
days of the decision of the Enforcement Officer.
The Township Committee shall hear the matter, upon notice to
the applicant, within thirty (30) days after the filing of the notice
of appeal. The Township Committee may in its discretion and upon complete
review of the application and after hearing the testimony of the Enforcement
Officer, the applicant and such other experts as may be appropriate,
reverse, modify or affirm the aforesaid decision. If the Township
Committee shall not act within thirty (30) days after the filing of
the notice of appeal, the decision being appealed shall be deemed
to have been affirmed by the Committee.
[Ord. No. 2443-15]
Excepted from the provisions of this Chapter shall be:
a.
Any tree located on publicly owned land or public rights-of-way and
removed by the public agency or its representatives.
b.
The first two (2) trees, provided that all of the following conditions
are met:
1.
None of the trees exceed eighteen inches (18") in diameter or fifty-seven
inches (57") in circumference at four feet (4') above the ground.
2.
The trees removed do not constitute more than fifty (50%) percent
of the trees on the lot;
3.
No more than two (2) trees are removed within any twelve (12) month
period; and
4.
All trees are located on a residentially zoned lot occupied by the
owner.
c.
Dead or diseased trees upon certification by the Enforcement Officer
or other qualified New Jersey Certified Tree Expert.
d.
Partially or completely fallen trees by acts of nature, or which
endanger the public safety.
e.
Any tree located within the public right-of-way as shown on a subdivision
map approved by the Township Planning Board or Board of Adjustment
after consultation with the Township Forester; any tree located in
an area to be occupied by a building, driveway, patio, pool or sports
court as shown on a plan approved by the Planning Board or Board of
Adjustment in connection with an application for subdivision or site
plan approval; or any tree located in an area to be occupied by a
building, driveway, patio, pool or sports court as shown on a plan
approved by the Township Engineer for a permit related to a single
family lot pursuant to the Grading, Drainage, Soil Erosion and Sediment
Control Ordinance.
[Ord. No. 2443-15]
The Enforcement Officer shall oversee all tree removals pursuant
to an issued tree removal permit. The Enforcement Officer shall conduct
adequate inspections of all sites for which a tree removal permit
has been issued.
[Ord. No. 2443-15]
All provisions of this Chapter shall apply to any person removing trees on behalf of any other person, including all tree removal construction companies or persons in the business of removing trees or construction. It shall be unlawful for any person or company to remove or cause to be removed any tree or undertake any work for which a permit is required pursuant to this Chapter unless a valid permit therefor is in effect and is displayed in accordance with the provisions set forth in Section 11-12; such removal or work shall constitute a violation of this section and shall subject the person or company violating this section to all penalties provided herein.
[Ord. No. 2443-15]
a.
The applicant shall prominently display on the site the tree removal
permit issued. Such permit shall be displayed continuously while trees
are being removed or replaced or work done as authorized on the permit
and for ten (10) days thereafter. In addition, the person or persons
cutting or removing trees, if other than the applicant, shall carry
with him/her authorization from the owner or applicant authorizing
such person to cut or remove trees. In the event that the trees are
being cut or removed in accordance with a forest management plan or
a soil conservation plan, a copy of the plan shall be in the possession
of the person cutting or removing such trees.
b.
As a condition for the issuance of the permit, the applicant shall
agree in writing to the entry onto his/her premises by the Enforcement
Officer and all law enforcement officers as necessary to effectuate
the provisions of this Chapter, and such entries shall be deemed lawful.
Failure to allow such entry shall be unlawful and shall constitute
a violation of this Chapter and shall constitute failure to display
the permit as required herein.
[Ord. No. 2443-15]
The Enforcement Officer shall perform the duties set forth in
this Chapter and shall be responsible for the enforcement of the provisions
of this Chapter. In this regard, the Enforcement Officer is authorized
and shall perform any necessary inspections and is further authorized
and shall issue violation notices and shall sign complaints and provide
testimony in the Municipal Court for violations of this Chapter.
[Ord. No. 2443-15]
a.
Any person, firm, partnership, corporation, association or other legal entity violating any of the provisions of this Chapter shall, upon conviction of such violation, be subject to a penalty as stated in Section 1-5 of this Code, including a fine of up to two thousand dollars ($2,000.00) for each offense, in the discretion of the Judge before whom conviction may be had. Each tree cut or removed in violation of this Chapter shall be considered a separate violation. Each violation of any of the provisions of this Chapter and each day the same is violated shall be defined and taken to be a separate and distinct offense.
b.
In addition to other remedies, the Enforcement Officer or other authorized
official may institute any appropriate legal action to prevent a continuing
violation of the terms of this Chapter.
[Ord. No. 2443-15]
a.
Any tree used in a required planting must be at least two and one-half
(2 1/2") inches caliper in diameter (for deciduous trees) or
at least six (6') feet in height (for evergreen trees) and must
be nursery stock, balled and burlapped and guaranteed for two (2)
years from the date of planting. The Township Forester shall publish
on the municipal website a suitable species list for replacement trees.
b.
The removed tree must be replaced according to the table below that
is dependent on the diameter measured at a point four (4') feet
above the ground of the existing tree that would be removed. If in
the discretion of the Township Forester, due to available space, species
of trees and/or required space between plantings a lesser number would
be appropriate, the Township Forester may grant a downward adjustment.
|
Diameter of Existing Tree
(inches)
|
# Replacement Trees
|
Diameter of Existing Tree
(inches)
|
# Replacement Trees
|
|---|---|---|---|
|
From 10 to 12
|
1
|
From 27 to 30
|
7
|
|
From 12 to 16
|
2
|
From 30 to 33
|
8
|
|
From 16 to 18
|
3
|
From 33 to 36
|
9
|
|
From 18 to 21
|
4
|
From 36 to 39
|
10
|
|
From 21 to 24
|
5
|
From 39 to 42
|
11
|
|
From 24 to 27
|
6
|
From 42 and greater
|
12
|
|
In lieu of providing a Replacement Tree, the owner of real property
must contribute two hundred fifty dollars ($250.00) per replacement
tree to Millburn, with such funds to be used for tree replacement.
|
[Ord. No. 2190-01 § 1; Ord. No. 2443-15]
Application for Tree Removal Permit:
a.
No Township tree or tree in the public right-of-way shall be removed
or altered except by the Department of Public Works or by a tree removal
contractor so authorized by contract with the Township or by a permit
issued by the Department of Public Works.
b.
In situations where an adjacent property owner desires the removal
of a Township tree which is not dead, dying or unsafe, the following
shall apply:
1.
The property owner shall file an application for a tree removal permit,
fully explaining the reasons for the tree removal;
2.
The Township Forester shall review the application and determine
whether the tree may be considered for removal, and reject or approve
the application and issue permit, including the reasons for the decision
within twenty (20) business days.
3.
An application approved by the Township Forester shall be forwarded
to the Superintendent of Public Works for further consideration. The
Superintendent shall review the application and issue a permit or
deny the application within five (5) business days.
4.
The tree removal application process shall take no longer than twenty
(20) business days. If an application has not been granted or denied
within twenty (20) business days, such failure shall be deemed a denial
of the application for purposes of appeal to the Shade Tree Appeal
Board, unless such period of time has been extended with the consent
of the applicant.
[Ord. No. 2190-01 § 1; Ord. No. 2443-15]
The Enforcement Officer shall issue the Township Tree removal
permit, subject to the following conditions:
a.
The property owner will be responsible for the full cost of the tree,
stump and debris removal.
b.
The Township shall be held harmless and indemnified from any damage
or costs incurred as a result of the tree removal. A properly executed
hold harmless and indemnification agreement shall be filed with the
tree removal permit application.
c.
The tree removal shall be conducted by a fully-insured tree removal
contractor, with a certificate of insurance naming the Township as
an additional insured in the amount of one million dollars ($1,000,000.)
Commercial General Liability ("CGL") submitted with the application.
d.
The tree removal contractor shall comply with all State, O.S.H.A.
and A.N.S.I. line clearance standards.
e.
The tree removal contractor shall notify the Township Police Department
prior to the temporary closing of any street required for the safe
removal of a Township tree, and shall receive the written approval
of the Police Department.
f.
As a condition of granting a permit to remove a Township tree, the
tree removal applicants shall provided financial compensation to the
Township for a replacement tree in advance of the written authorization
to remove the Township tree. The species, size and location shall
be approved by the Township Forester.
g.
Each applicant for a permit to remove a Township tree shall pay a
permit fee of one hundred ($100.00) dollars.
[Ord. No. 2190-01 § 1; Ord. No. 2443-15]
An applicant shall have the right to appeal any denial of a
Township tree removal permit to the Township Committee.
a.
The appeal shall be submitted in writing within fourteen (14) days
of the decision of the Forester.
b.
The Township Committee may seek the advice of the Environmental Commission,
the Township Forester, the Township Engineer, the Superintendent of
Public Works or such other experts as it deems appropriate.
c.
The Township Committee shall, within forty-five (45) days of the
filing of the appeal, adopt a resolution that either affirms the denial
being appealed or directs the Department of Public Works to issue
the permit for removal with whatever conditions the Township Committee
deems appropriate.
[Ord. No. 2190-01 § 1; Ord. No. 2443-15]
a.
All Township trees and shrubs located on property owned by the Township
shall be maintained solely by the Department of Public Works.
b.
All Township trees and shrubs not located on property owned by the
Township, but on properties owned by the Board of Education or by
some other public Township body, may be maintained by the Department
of Public Works as is required for the general public welfare.
c.
The Superintendent of Public Works shall be empowered to authorize
garden clubs, individuals or civic associations to adopt certain Township
trees and shrubs and flower beds for care and maintenance, when he/she
deems it in the public interest to do so.
[Ord. No. 2190-01 § 1; Ord. No. 2443-15]
a.
It shall be unlawful to commit any of the following acts with respect
to Township trees without the prior written permission of the Township
Forester:
1.
Cut, prune, break, injure, alter or remove any Township tree in any
way; or cut, unduly disturb, regrade or interfere in any way with
any root of a Township tree.
2.
Spray any Township tree with a chemical.
3.
Fasten any rope, wire, sign, or other device to a Township tree or
to any guard about such a tree, or install any nails, screws, spikes,
hooks, or fasteners of any type whether into or on or around any Township
tree or part thereof.
4.
Install, remove or injure any guard or device placed to protect any
Township tree.
5.
Close or obstruct the area encompassing the dripline so as to restrict
the access of air, water and fertilizer to the roots of such tree.
6.
String any wires or lines from one Township tree to another or to
any other point.
b.
The Township Forester shall grant written permission if the activity
for which such permission is requested is, in his/her opinion in the
public interest and not likely to materially injure any Township tree.
c.
Any damage to any Township tree by machines, objects, autos, etc.
shall constitute a violation of this Chapter.
d.
No person shall move, or cause to be moved, any building or large
object along any street without having first obtained a valid permit
from the Superintendent of Public Works who, if he deems necessary,
may require a bond or cash deposit to be furnished in an amount sufficient
to cover any damage to, or destruction of, Township trees on such
street or streets as a result of such moving operations.
e.
The provisions of this Chapter are not to be construed as requiring the Township to maintain, replace or move any sidewalk not located on property owned by the Township. Property owners shall comply with subsection 15-7.5 of this Code in relation to sidewalk repair or replacement within the dripline of Township trees.
