[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:
A.
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.
B.
Plant any tree or shrub.
C.
Fasten any rope, wire, electrical attachment, sign or
other device to a tree or shrub or any guard about such tree or shrub.
D.
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.
E.
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]
A.
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.
B.
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.
