[Adopted 11-3-1983 by Ord. No. 83-56]
As used in this article, the following terms
shall have the meanings indicated:
PERSON
Every person, firm, association, partnership and corporation.
PLANT CONSTRUCTION
As applied to public utility companies, poles, wires, cables,
subsurface conduits, pipes, manholes and appurtenant facilities of
such companies installed in a street.
PUBLIC UTILITY COMPANY
A public utility as defined in the Revised Statutes of the
State of New Jersey (N.J.S.A. 48:2-13).
STREET
A.
Any public street, way or public area designated
by the governing body to be within its jurisdiction.
B.
Municipal parks and parkways.
TREE
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.
L. Prune any tree in which more than 1/3 of said tree
is removed.
[Added 8-17-1995 by Ord. No. 95-37]
[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.
[Added 12-15-2005 by Ord. No. 05-60]
The penalty for any violation of the provisions
of this article shall be governed pursuant to the general penalty
section of this Code.