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Township of Manalapan, NJ
Monmouth County
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Table of Contents
Table of Contents
Code
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[Adopted 10-27-1993 by Ord. No. 93-30 as Ch. 210, Art. I, of the 1993 Code]
No person shall do or cause to be done any of the following acts affecting the trees, shrubbery or ornamental material planted or growing naturally within the highways or public places under the jurisdiction of the Township, except with a written permit first obtained from the Township Committee:
A. 
Cut, trim, break, disturb the roots of or spray with chemicals any living tree or shrub or injure, misuse or remove any structure or device placed to support or protect any tree or shrub.
B. 
Plant or remove any living tree or shrub or climb with spikes any living tree or shrub.
C. 
Fasten any rope, wire, electric attachments, sign or other device to a tree or shrub or to any guard about such tree or shrub.
D. 
Close or obstruct any open space provided about the base of a tree or shrub to permit the access of air, water or fertilizer to the roots of such tree or shrub.
E. 
Pile any building material or make any mortar or cement within six feet of a tree or shrub.
F. 
Change the grade of the soil within the limits of the lateral spread of the branches of any such tree.
Every person having control over any wire for the transmission of an electric current along a public highway shall at all times guard all trees through which or near which such wire passes against any injury from the wire or cable or from the electric current carried by it. The device or means used shall in every case be subject to approval by the Township Committee.
No person shall place any guy wire, brace or other device on any such tree in such a manner as to injure it.
No person shall hitch or fasten an animal to any tree or shrub upon a public highway or to any guard or support provided for the same or permit an animal to bite or otherwise injure any tree or shrub.
No person shall permit any brine, gas or injurious chemical or liquid to come in contact with the stump or roots of any tree or shrub upon a public highway.
No person shall prevent, delay or interfere with any lawful work undertaken by the Department of Roads or its authorized agent.
A. 
Removal required; notice. In case any tree or shrub, or any part thereof, along the public highway or sidewalk shall become dangerous to the public safety, the owner of the property in front of which such tree or shrub shall be shall remove the same, or the required part thereof, forthwith upon service of written directive to that effect from the Township Committee or the County of Monmouth, in the case of a county right-of-way or highway. The notice shall be sufficient if served in the same manner as a summons may be served in accordance with the New Jersey Rules of Court.
B. 
The initial notice shall be sent to the property owner by regular mail. If the owner does not comply within 10 days, a second notice shall be sent by both certified mail and regular mail or delivered by personal service upon the property owner.
[Added 3-27-2019 by Ord. No. 2019-02[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsections B through D as Subsections C through E, respectively.
C. 
Standards established. The owner or tenant of any lands lying within the Township shall keep all brush, hedges and other plant life, growing within 10 feet of any roadway and within 25 feet of the intersection of two roadways, cut to a height of not more than 2 1/2 feet. This shall not require the cutting down of any trees where there is vision through the trees at a height of between 2 1/2 feet and eight feet from the ground. Any tree or portion thereof which due to damage or disease is in danger of falling shall be removed.
[Amended 3-27-2019 by Ord. No. 2019-02]
D. 
Removal by Township or county. If the owner fails to remove the tree or shrub or portion thereof within two weeks after service of written notice to do so, the work shall be performed by the Township or county, under the supervision of the Superintendent of Roads or County Road Supervisor, who shall certify the cost thereof to the Township Committee.
E. 
Costs charged against land; lien established. Upon receipt of the certified costs, the Township Committee shall examine same and, if found correct, shall cause the costs to be charged against the lands or, if the Township Committee deems the costs to be excessive, shall cause the reasonable cost thereof to be charged against the lands. The amount so charged shall forthwith become a lien upon the lands and shall be added to and become and form part of the taxes next to be assessed and levied upon the lands, the same to bear interest at the same rate as other taxes and shall be collected and enforced by the same officer and in the same manner as taxes.
F. 
Any person, firm, corporation or entity found to be in violation of any provision of this section shall be subject to a fine not exceeding sum of $1,250 or imprisonment for 90 days, or both, at the discretion of the Municipal Court.
[Added 3-27-2019 by Ord. No. 2019-02]
If any person continues to violate any of the provisions of this article, after being duly notified of such violation, or neglects or refuses to comply with any lawful order of the Township Committee, the failure to comply with a second or each of any subsequent notifications or orders shall be construed as an additional violation of this article, and each such additional offense shall subject the offending party upon conviction to the same penalty as provided for the first offense.