[HISTORY: Adopted by the Shade Tree Commission of the Borough of Ho-Ho-Kus 5-15-1962.[1] Amendments noted where applicable.]
[1]
Editor's Note: This legislation apparently supersedes an earlier ordinance adopted by the Mayor and Council of the Borough of Ho-Ho-Kus 3-23-1954 by Ord. No. 324.
[Amended 9-23-2003 by Ord. No. 876; 1-3-2023 by Ord. No. 2022-77; 4-25-2023 by Ord. No. 2023-85]
As used in this chapter, the following terms shall have the meanings indicated:
PERSON
Every person, firm, association, partnership, corporation and individual.
SHADE TREE
Shade and ornamental trees and shrubbery now located or which may hereafter be planted in any public highway, park or parkway in the Borough, except those located or planted on county highways, parks and parkways and state highways.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway or which is shown upon a plat heretofore approved pursuant to law or which is approved by official action as provided by the Municipal Land Use Act[1] or which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, "street" shall be classified as follows:
A. 
ARTERIALThose streets which are used primarily for fast or heavy traffic.
B. 
COLLECTORThose streets which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such development.
C. 
MINORThose streets which are used primarily for access to the abutting properties.
D. 
MARGINAL ACCESSThose streets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
E. 
ALLEYSMinor streets which are used primarily for vehicular service access to the back or side of the properties otherwise abutting on a street.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A. 
No person, firm, 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, any of the following acts:
[Amended 1-3-2023 by Ord. No. 2022-77]
(1) 
Cut, prune, climb with spikes, break, damage or remove.
(2) 
Cut, disturb or interfere in any way with any root.
(3) 
Spray with any chemical.
(4) 
Fasten any rope, wire, sign or other device.
(5) 
Remove or damage any guard or device placed to protect any tree or shrub.
B. 
Nothing herein shall prevent any governmental agency from tying a public notice upon a tree in connection with administering governmental affairs.
A. 
No person or corporation shall 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, 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.
[Amended 1-3-2023 by Ord. No. 2022-77]
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 curbs and/or sidewalks.
A. 
No person shall place salt, brine, oil 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.
B. 
No person shall build any fire or station any tar kettle, road roller or other engine in any public highway in such a manner that the heat vapors or fumes therefrom may injure any tree or shrub growing thereon.
[Amended 1-3-2023 by Ord. No. 2022-77]
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.
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 two feet of any tree or shrub.
[Amended 1-3-2023 by Ord. No. 2022-77]
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.
[Amended 1-3-2023 by Ord. No. 2022-77]
[Amended 1-3-2023 by Ord. No. 2022-77]
A. 
No person, firm or corporation shall attach or fasten any wire, insulator or other device for holding any wire to any tree or shrub in any public highway or place.
B. 
Any utility company or its agents may prune and remove trees for line clearance of utility wires.
[Amended 1-3-2023 by Ord. No. 2022-77; 4-25-2023 by Ord. No. 2023-85]
Where the permission, consent or approval of the Borough is required by the provisions of this chapter, any person, firm or corporation required to obtain such permission, consent or approval shall first make application therefor to the Building Department.
Any person found guilty of violating any of the provisions of this chapter shall, upon conviction by the Magistrate of the Borough of Ho-Ho-Kus, be fined a sum not exceeding $200 for each offense. Each day any violation of this chapter shall continue shall constitute a separate offense.