A. 
No person except those specifically exempted under § 138-6 shall perform, undertake or cause to be performed or undertaken any of the following in any public place, street or park without first applying and procuring a permit from the Shade Tree Officer. The Garwood Department of Public Works (DPW) is exempt from obtaining permits for standard urban forestry maintenance, but is encouraged to consult the Shade Tree Officer.
(1) 
Climb with spikes, damage, remove, destroy, kill or interfere harmfully in any manner with any tree.
(2) 
Cut, remove, destroy or interfere harmfully with any tree root.
(3) 
Spray with any chemical on any tree so as to cause injury or death to any tree.
(4) 
Fasten any rope, wire, sign or device to a tree.
(5) 
Fill, pave or render impermeable any open space provided within a two-foot radius of a tree or in any manner disturb or remove any soil about the aforementioned area of any tree. This area is necessary for the access of air, water and fertilizer to the roots of trees; disturbance within this area could result in the death of the tree.
(6) 
Plant a tree.
A. 
No person shall build any fire, or station any tar kettle, road roller or other equipment on a public place, street or park in such a manner that the heat, vapor or fumes therefrom may injure any tree or shrub growing thereon.
B. 
No person shall place salt or other substances injurious to plant growth in any public place, street or park in such a manner as to willfully or maliciously injure any tree or shrub.
C. 
No person shall erect, construct, or remove any structure in the Borough without complying with the following to protect Borough trees, except where specifically permitted in final site plan approval granted by Borough Land Use Boards:
(1) 
No vehicles, equipment, or material of any kind shall be located within the drip line of a Borough tree during construction. This line is to be established in consultation with the Shade Tree Officer prior to any such undertaking, and is subject to individual site conditions. This line shall be delineated by temporary fencing during the entire construction period.
(2) 
Any Borough tree subject to the above protection that dies within two years of the issuance of a certificate of occupancy (CO) post construction of a new development shall be replaced at an inch-inch equal ratio as measured at the DBH of the dead tree. If the number of requisite trees cannot be located within the ROW adjacent to the subject site, the Shade Tree Officer shall determine the tree locations, commencing within the same street block. The site contractor is required to post a bond or cash guarantee equal to $350 per three-inch diameter of the tree at DBH to the Borough Clerk prior to construction commencement to guarantee such planting. The bond will be returned to the contractor upon the two-year anniversary defined above or the delivery of said number of trees to the Garwood DPW.
(3) 
Where a Land Use Board or Shade Tree Officer has determined the requisite number of trees to be planted based upon applicable right-of-way (ROW) frontage, but that physical conditions within the ROW do not allow the safe and effective planting of all of the required trees, the applicant in that specific application shall obtain Shade Tree Officer authorization to plant the trees at other Borough locations under the Shade Tree Officer jurisdiction or make a cash contribution to the Borough of Garwood Shade Tree Trust hereby established under this chapter to be used solely for the planting and preservation of Borough trees. In determining the cash contribution, the Shade Tree Officer shall utilize the following standards:
(a) 
Shade trees are to be planted at forty-foot intervals along the ROW; and
(b) 
Shade trees shall be a minimum size of three-inch caliper measured at DBH, and 10 feet to 12 feet in height. Shade trees are to be nursery grown, of substantially uniform size, shall have single and straight trunks, and be tree, not shrub, form (all branching shall be above five feet from the tree base).
(4) 
If at any time during the approval or construction process of a land use application, it is realized that the development may require the removal of a Borough shade tree either due to the location of site improvements or damage caused to the tree during construction (physical or soil compaction), the applicant shall contact the Shade Tree Officer to determine if the tree must be removed, and at whose expense. If it must be removed, the tree shall be replaced at an inch-inch equal ratio as measured at the DBH of the tree to be removed. This tree replacement is in addition to the trees that are required to be planted at forty-foot intervals as standard procedure. If the number of requisite trees cannot be located within the ROW width confines of the subject site, the Shade Tree Officer shall determine the additional tree locations commencing within the same street block. The site contractor is required to post a bond or cash guarantee equal to $350 per three-inch diameter of the tree at DBH to the Borough Clerk to guarantee such planting. The bond will be returned to the contractor upon the two-year anniversary defined above.
(5) 
When an application for development (zoning application) is submitted for construction of new development such as new one- and two-family development that does not require Land Use Board approval, but does require zoning review, the Zoning Officer shall contact and work with the Shade Tree Officer to ensure that one tree is required to be planted in accordance with the above standards.
D. 
No person shall have or maintain public utility lines or wires in a public place, street or park in such a manner as to cause damage to a shade tree except signage placed by the DPW.
E. 
No street tree shall be planted closer than 25 feet to any street corner, measured from the point of the nearest intersecting curb or curb line. No street tree shall be planted closer than five feet to any fireplug or utility pole.
F. 
It shall be unlawful as a normal practice for any person, firm, public utility company or Borough employee to top any street tree, park tree or other tree on public property.
G. 
No person shall operate, or cause to have operated, a lawnmower, string trimmer, weed wacker or other piece of equipment in such a manner as to be injurious to the health of a Borough shade tree. Any damage to the base of a Borough tree caused by such equipment resulting in the death of a tree can result in a summons being issued to the responsible adjacent property owner or landscape contractor causing such damage. Fines may be assessed up to the cost of full tree replacement. The DPW is exempt from this provision.
A. 
Nothing contained herein shall prevent the Borough Department of Public Works (DPW), or its designated agents, from tree pruning, removing or the undertaking of other measures to protect public health, safety and welfare during times of emergency. The DPW is authorized to perform routine, standard, pedestrian and vehicular clearance and maintenance of all Borough trees.
B. 
Public utility companies.
(1) 
Public utility companies may, during periods of emergency, install temporary attachments to trees and make emergency subsurface repairs as required without specific prior permit from the Shade Tree Officer.
(2) 
Public utility companies may undertake tree pruning for line clearance and for the installation and maintenance of subsurface and above ground physical plant construction if there is interference with or endangerment to street trees but must inform the Shade Tree Officer of this undertaking in writing a minimum of two weeks prior to commencement to allow joint inspection, consultation and review of such proposed work by the Shade Tree Officer. No tree pruning shall be undertaken without consultation with the Shade Tree Officer or Shade Tree Advisory Board member.
(3) 
The public utility company shall exercise reasonable diligence in the maintenance of its physical plant construction so as to avoid damage to trees. This diligence shall include consideration of a tree's overall growth, habit, height and purpose. When a public utility company determines their review prior to tree line maintenance and after consultation with the Shade Tree Officer that a Borough tree must be removed, the public utility company and Shade Tree Officer shall determine the best course of action for proper new tree planting and the bearer of costs therein.
C. 
This section does not prohibit the planting or pruning of street trees by adjacent property owners, provided that the owner obtain approval from the Shade Tree Officer or Shade Tree Advisory Board for such pruning, tree selection, planting and planting location prior to such work being undertaken in accordance with this chapter.
D. 
The Borough Clerk shall notify the public utility companies providing service within the Borough municipal limits of this chapter within two weeks of the date of adoption.
No person or agency shall prevent, delay or in any way interfere with the Shade Tree Officer or any other employee of the Borough of Garwood in the lawful execution or enforcement of this chapter.