[HISTORY: Adopted by the Council of the Borough of Fair Lawn 7-27-1982 as Ch. XIX of the 1981 Revised General Ordinances. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- When used in determining the measurement of all trees, that diameter as measured 12 inches above the natural grade the tree had been most recently growing.
No person shall do or cause to be done any of the following acts upon public highways, public parks, public rights-of-way or other public places within the borough without the written permission of the Borough Manager:
Cut, trim, break or climb with spikes, destroy the roots or in anyway injure or spray with any chemical or remove any living tree or shrub or injure or misuse any structure or device places to support such trees or shrubs.
There shall be planted upon every public right-of-way street trees or shade trees of at least 1 1/2 inches in diameter, placed at a minimum of 35 feet apart nor more than 50 feet apart on the right-of-way or street line so as not to interfere with the utilities and sidewalks. The kind of tree to be planted shall be decided by the Superintendent of Public Works and the Borough Manager.
The tree shall be planted by the borough. Before a building permit is issued by the Building Department of the borough, every applicant shall be required to deposit the sum, as set from time to time by resolution of the Borough Council, per tree to cover the cost of the purchase and the planting of the aforesaid trees. This section shall not be construed to require the planting of trees where it is determined by the Superintendent of Public Works and Borough Manager that trees complying with the minimum requirements already exist nor shall it be construed to relieve a subdivider of providing the installation of trees as required by the land subdivision ordinance.
Where trees have been insufficiently spaced in the original planting, less than 35 feet on center, no new tree need replace such tree at the option of the Superintendent of Public Works.
Where trees have died due to disease or other cause, replacement and replacement species shall be at the option of the Superintendent of Public Works.
When an entire street has been cleared of trees for any reason, the selection of tree species or variety shall be at the option of the Superintendent of Public Works.