[HISTORY: Adopted by the Borough Council
of the Borough of Carteret as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-3-1983 by Ord. No. 83-56]
As used in this article, the following terms
shall have the meanings indicated:
Every person, firm, association, partnership and corporation.
As applied to public utility companies, poles, wires, cables,
subsurface conduits, pipes, manholes and appurtenant facilities of
such companies installed in a street.
A public utility as defined in the Revised Statutes of the
State of New Jersey (N.J.S.A. 48:2-13).
Includes trees and shrubs.
No person shall do any of the following acts
to any tree on a street without the prior permit of the Borough of
Carteret:
A.
Cut, break, damage or kill any tree.
[Amended 8-17-1995 by Ord. No. 95-37]
B.
Cut, disturb or interfere in any way with any root.
C.
Spray any tree with any chemical.
D.
Fasten any rope, wire, sign or other device to any
tree. Nothing herein shall prevent any governmental agency from affixing
in a manner approved by the Borough a public notice upon a tree in
connection with administering governmental affairs.
E.
Remove or damage any guard or device placed to protect
any tree or shrub.
F.
Conduct razing, removal or renovation of any structure
if deemed by the Director of Parks and Recreation to be damaging to
neighboring street trees.
G.
Place or distribute chemicals, including but not limited
to salt, deleterious to tree health.
H.
Maintain a stationary fire or device which vaporizes
noxious fumes deleterious to tree health.
I.
Remove soil, either for trenching or otherwise.
J.
Construct new sidewalks and/or driveways with any
material whatsoever within five feet of a tree.
K.
Plant any tree or shrub.
L.
Prune any tree in which more than 1/3 of said tree
is removed.
[Added 8-17-1995 by Ord. No. 95-37]
A.
The Borough may grant to public utility companies
a blanket permit for tree pruning for line clearance and for the installation
and the maintenance of subsurface and aboveground plant construction
if there is interference with or endangerment to street trees.
B.
Public utility companies may, during periods of emergency,
without specific prior permit, install temporary attachments to trees
and make emergency subsurface repairs.
C.
Each public utility company shall exercise reasonable
diligence in the maintenance of its plant construction so as to avoid
damage to trees under the jurisdiction of the Borough.
A.
Requests for permits required by the provisions of this article for the performance of work should be directed to the Director of Parks and Recreation. The Director shall approve or deny permits consistent with the standards of maintenance provided in § 246-5 of this article. Appeals of the rulings of the Director of Parks and Recreation shall be made to the Municipal Council.
B.
The Director of Parks and Recreation shall prepare
and maintain an inventory of public way arborculture by location,
size and condition.
C.
The Director of Parks and Recreation shall execute
the provisions of the Borough of Carteret Comprehensive Plan and Program
for Public Way Arborculture on file with the Borough Clerk's office.
A.
Tree planting. Permits for the planting of trees provided
for by this article shall be in conformance with a Comprehensive Plan
and Program for Public Way Arborculture, Borough of Carteret, which
shall be on file with Borough Clerk's office.
B.
Tree removal.
[Amended 2-6-1992 by Ord. No. 92-1]
(1)
All requests to the Borough for removal of trees or the voluntary removal by any persons shall be exclusively for the reasons defined in Subsection B(1)(a), (b) and (c) inclusive and approved by the Shade Tree Committee of the Borough Council as established by the Rules of Council.
(b)
The tree is not of a species provided for in
the Comprehensive Plan and Program and will be replaced by a tree
species provided for in said plan and program and the removal is required
for reason of Subsection B(3) below.
(c)
The tree constitutes a hazard:
[1]
To other trees by reason of infection, infestation
or overcrowding.
[2]
To public health in and of itself or by reason
of harboring unhealthy flora and fauna not otherwise controllable
except by removal.
[3]
To public safety by reason of condition, growth
pattern, sap, leaf, bark or seed offal causing unusual hazard to road
or walkway traction.
[4]
By creating excessive damage (of more than $50
annually) to the sanitary sewer system, public drainage system, streets,
curbs, gutters, walkways or a principal building and for which no
other solution but removal is apparent.
(d)
The trees(s) prohibit the efficient operation
of a solar heating system or wind-generating system.
(e)
The tree(s) are otherwise provided for in a
landscaping plan subject to the regulation of the Subdivision and
Land Development Ordinance of the Borough.
(2)
Any tree removed under the above provisions shall
be replaced as follows:
(a)
The property owner requesting the removal of
said tree shall, prior to its removal, post a fee of $350 with the
Director of Parks and Recreation.
[Amended 11-20-1995 by Ord. No. 95-55; 4-2-1996 by Ord. No. 96-8; 4-24-2008 by Ord. No. 08-14]
(b)
The Parks Department shall, within a reasonable
time after the removal of the tree, replace it with a tree approved
by the Shade Tree Committee.
(c)
All trees removed must be replaced in the same
location unless the property owner intends to revise the landscape
of their property. All trees removed must be replaced in equal numbers.
Deviations of location must be approved by the Shade Tree Committee.
[Amended 4-19-1990 by Ord. No. 90-16]
Any person found guilty of violating any of the provisions of these regulations shall, upon conviction by a Magistrate officiating within the Borough of Carteret, be subject to the penalties set forth in § 1-17 of this Code.
[Adopted 10-27-2005 by Ord. No. 05-47]
No person shall physically remove or otherwise
cut down a tree having a base diameter of at least eight inches and
a height of at least 20 feet without first obtaining an approval therefore
from the appropriate Borough official.
No healthy tree(s) over 75 years of age may
be cut down or similarly destroyed without the prior approval.
[Added 12-15-2005 by Ord. No. 05-60]
No person shall physically remove or otherwise
cut down a healthy, mature tree without first obtaining a permit therefor
from the designated Borough Official. The permit fee shall be $10.
[Added 12-15-2005 by Ord. No. 05-60]
For every healthy, mature tree which is physically
removed or cut down, the property owner shall either replace the same
on site with a new tree having a minimum height of five feet and diameter
of 2 1/2 calipers, or as may otherwise be approved by the designated
Borough Official, or pay to have a replacement tree planted in a Borough
park or on other public property by depositing into the Tree Replacement
Fund the then-current replacement cost thereof as set forth in a resolution
of the Borough Council. The permit fee paid to remove the original
tree shall be credited against any tree replacement cost paid into
the Borough fund.
