[Adopted 11-1-1999 by Ord. No. 2587 (Ch.
200 of the 1978 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Every person, firm, association, partnership, corporation
and individual.
Shade and ornamental trees and shrubbery now located or which
may hereafter be planted in any public highway, park or parkway, area
between sidewalks and curbs and/or Township right-of-way of public
streets in the Township, except those located or planted on county
highways, parks and parkways and state highways.
An advisory board consisting of five members appointed by
the Director of Parks and Public Property.
All streets, roads, roadways, public highways, parks or parkways,
public alleys and public places in the Township, except county parks,
parkways and highways and state highways.
No person, firm or corporation or individual
connected with such firm or corporation shall do or cause to be done
by others to any tree, shrub or plant on a public highway or place,
either purposely, carelessly or negligently, without the permission
of the Department of Parks and Public Property, any of the following
acts:
A.
No person or corporation shall, without the permission
of the Department of Parks and Public Property, 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 highway
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 highways except where limited by curb and/or sidewalks.
No person shall place salt, brine, oil, chemicals
or other substances injurious to plant growth in any public highway
or place in such a manner as to injure any tree or shrub growing thereon.
No person, firm or corporation 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 Department of
Parks and Public Property.
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, firm or corporation shall do any excavating
within six feet of any tree or shrub without the written permission
of the Department of Parks and Public Property.
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 Department of Parks and Public Property.
Any person requesting the removal or transplanting
of any shade tree must obtain written approval from the Department
of Parks and Public Property. If such removal or transplanting, in
the opinion of the Department of Parks and Public Property, 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
and provide a replacement tree in accordance with specifications to
be determined by the Department of Parks and Public Property. If the
work is conducted by the Department of Parks and Public Property,
said cost of removal, transplanting or replacement 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.
Work may also be conducted by private contractors upon approval by
the Department of Parks and Public Property.
The Department of Parks and Public Property
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.
No shade or ornamental tree or shrub shall be
planted in any of the public highways of this Township except by a
representative of the Department of Parks and Public Property.
A.
The Department of Parks and Public Property, in its
discretion, will plant a tree for a property owner upon written request,
provided that there is sufficient distance for the future growing
of said tree and that budget or availability of funds allows for said
planting.
B.
Trees replacing trees heretofore planted by the Department
of Parks and Public Property and removed because of disease, storm
damage, accidents or natural causes will, in the discretion of the
Department of Parks and Public Property, be replaced by the Department
of Parks and Public Property 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 Department of Parks and Public Property.
No person shall prevent, delay or in any manner
interfere with the Department of Parks and Public Property or its
authorized agents or representatives in the performance of their lawful
duties.
A.
Every person, firm or corporation having or maintaining
any electric, telephone, telegraph or other wires running through
a public right-of-way 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 periodic adjustments whenever necessary
to prevent damage to trees and shrubs growing in any public highway
or place.
B.
Every person or corporation having any wire or wires
charged with electricity running through a public right-of-way 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 Department of Parks and Public Property or its Secretary upon
the order of the Department of Parks and Public Property.
C.
No person, firm or corporation shall, without permission
of the Department of Parks and Public Property, 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.
Any utility company or its agents may, with prior
permission from the Department of Parks and Public Property, prune
and remove trees for line clearance of utility wires pursuant to nationally
recognized line clearance standards.
Where the permission, consent or approval of
the Department of Parks and Public Property is required by the provision
of this article, any person, firm or corporation required to obtain
permission, consent or approval shall first make application therefor
to the Department of Parks and Public Property, Township of Nutley,
County of Essex.
The death, destruction, removal or injury of
each and every tree or shrub in violation of any provision of this
article shall constitute a separate offense. Any person, firm or corporation,
their agents or employees, who shall violate or authorize or permit
any violation of any provision of this article shall, upon conviction
thereof, forfeit and pay a penalty of $1,000 for each and every offense.
