It shall be the duty of the Police Department of the Borough
of Garwood to enforce the rules and regulations of this chapter. The
Police shall take enforcement action, including warnings and summonses,
upon the request of the Shade Tree Officer.
Any person who violates any of the provisions of this chapter
or who fails to comply with the terms of any permit issued pursuant
hereto shall, upon conviction in Municipal Court, be subject to a
fine of up to $1,500 for each violation. Each day any violation of
this chapter shall continue shall constitute a separate offense.
In addition to the penalties prescribed in § 138-9, any person who removes or otherwise destroys a tree in violation of this chapter shall pay a replacement assessment to the Borough of Garwood. The replacement assessment shall be the value of the tree. The value of the tree shall be fixed and determined by the Shade Tree Officer using either of the following methods:
A.
By the appraisal of a trained forester or certified tree expert retained
by the Mayor and Council for that purpose. The replacement assessments
shall also include the cost to the Borough of Garwood for the aforementioned
appraisal.
B.
By use of a formula and schedule promulgated by the Shade Tree Officer
based upon the number of square inches contained in a cross section
of the trunk of the tree multiplied by a predetermined value per square
inch, not to exceed $27 per square inch. The square-inch cross section
shall be calculated from the diameter at breast height DBH and, if
there is a multiple-stem tree, then each trunk shall be measured and
an average shall be determined for the tree. The Shade Tree Officer
shall modify the value of the tree based upon its species variety,
location and its condition at the time of removal or destruction.
