This chapter shall be known and cited as the "Municipal Shade
Tree Ordinance of the Borough of Garwood."
A.
It is the intent and purpose of this chapter to provide for and encourage
the protection of trees on Borough-owned property, and Borough easements,
to provide for public health, safety and general welfare and to promote
and preserve the Borough aesthetic and economic vitality.
B.
It is in the best interests of the Borough and public thereof that a comprehensive Master Plan for the planting, maintenance and removal of plantings on Borough property be adopted and that uniform and standard laws be adopted for the purpose of promoting this interest as it relates to any public place, street or park in the Borough in order to advance the roles of trees to promote the cooling of our environment, reduce energy consumption, prevent soil erosion, promote stormwater control, ameliorate noise pollution, remove pollutants from the air, provide wildlife habitat, provide carbon sequestration, produce oxygen and maintain and protect Borough property values. Thus, it is hereby stated that it is the intent and purpose of the Garwood to provide for the planting/maintenance of at least one shade tree for every 40 linear feet of public street. Design standards for subdivisions and site plans as set forth in § 106-125 et seq. of this Code shall conform with these requirements.
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Garwood, County of Union, State of New Jersey.
Any tree within the Borough right-of-way, on publicly owned
land, or Borough parks.
The diameter of the tree taken at a point four feet above
ground level.
Includes any and all properties owned and maintained by the
Borough for the present or future purpose of passive or active recreation.
The written permission of the Shade Tree Officer to perform
actions pursuant to the provisions of this chapter.
Any individual, association of individuals, partnership,
corporation or organization or combination of organizations thereof.
All other properties owned by the Borough of Garwood or under
its control or supervision, whether owned, leased or under contract
of the Borough.
A public utility as defined in the revised statutes of the
State of New Jersey (N.J.S.A. 48:2-13).
The person holding the office created by § 5-51.1.
The entire width of every public right-of-way when any part
thereof is open to the use of the public as a matter of right for
purposes of vehicular and pedestrian traffic. This definition does
not include public rights-of-way owned and maintained by county, state
or federal jurisdictions.
The severe cutting back of limbs to stubs larger than three
inches in diameter within the tree's crown to such a degree so
as to remove the normal canopy and disfigure the tree.
All single trunked woody vegetation capable of growing to
a height of 15 feet or greater now or hereafter growing on any public
place, street or park.
