[HISTORY: Adopted by the Township Committee of the Township of Rochelle Park 3-19-1990 as part of Ord. No. 585. Amendments noted where applicable.]
No person, firm or corporation shall do or cause to be done any of the following acts upon a public highway, park, parkway or public place within the Township of Rochelle Park without a written permit from the Department of Public Works issued by the Superintendent of Public Works:
Cut, trim, break, climb with spikes, disturb the roots of or otherwise injure, spray with any chemical or remove any tree or shrub or injure, misuse or remove any structure or device placed to support or protect such tree or shrub.
Plant any tree or shrub.
Fasten any rope, wire, electrical attachment, sign or other device to a tree or shrub or any guard about such tree or shrub.
Close or obstruct any open space provided about the base of a tree or shrub to permit the access of air, water or fertilizer to the roots of such tree or shrub.
Pile any building material or make any mortar or cement within six feet of a tree or shrub.
[Amended 4-16-1997 by Ord. No. 752-97]
Every person having or maintaining any underground utility lines in any street or park shall maintain such lines in such a manner as will safeguard the trees against any damage therefrom and shall make periodical adjustments whenever necessary to prevent damage to trees.
This section and any other references in this chapter in which the term "electric wires" is used, is hereby amended to include the term "utility lines."
Throughout the period of erection or repair of any building or structure or in the improvement or repairs of a highway, the owner thereof or the contractor shall place such guards around all nearby trees on the public highway as shall effectually prevent injury to such trees.
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 or shrub upon a public highway.
No person, firm or corporation shall prevent, delay or interfere with any lawful work undertaken by the Department of Public Works or its authorized agent, with respect to the care, maintenance, removal or planting of shade trees and shrubs.
No person, firm or corporation shall do or cause to be done any damage to or litter or destroy any grass, shrub or tree in the parks, parkways or public places.
Every person, firm or corporation having control of any tree or shrub whose branches hang over or extend over the public sidewalk shall cause said branches extending over said sidewalk to be cut so that a ten-foot clearance is at all times maintained.
Every person, firm or corporation having control of any trees or shrubs whose branch or branches extend over the public right-of-way and which branch or branches are dangerous to the public safety must remove said branch or branches at his expense within 10 days after receipt of written notice by the Superintendent of Public Works. Such notice shall be final unless an appeal is taken therefrom.
Any person or corporation violating any of the provisions of this chapter shall be liable to a penalty either by imprisonment in the county jail for a term not exceeding 90 days or a fine not exceeding $1,000 or both, for each offense. Each 24 hours of a continued violation of this chapter after a complaint is made shall constitute a separate offense.
Appeals from the issuance or revocation of a permit or failure or refusal to issue any permit or approval required hereunder or any other notice or determination of the Superintendent of Public Works hereunder may be taken by filing a written notice of appeal with the Township Clerk within 10 days of receipt of such notice or decision. The Township Committee shall conduct a hearing and render a decision thereon within 45 days from the date of the filing of the notice of appeal. The Township Committee shall afford the parties or their attorneys an opportunity to be heard and present evidence. Testimony shall be taken under oath although the formal rules of evidence shall not be controlling.
[Added 4-16-1997 by Ord. No. 752-97]
In addition to the penalties authorized by § 157-9 of this chapter, the Superintendent of the Department of Public Works or the Township Committee, on appeal, may require a person who removes or otherwise destroys a tree, in violation of a municipal ordinance, to pay a replacement assessment to the municipality. The replacement assessment shall be the value of the tree as determined by the Superintendent of the Department of Public Works. Should said replacements be required of more than one tree or other shrubbery, the cost of said replacement shall be determined by the Superintendent of the Department of Public Works.