There is hereby established this article in
the Borough of Haledon providing for the care of trees on the streets
and the established rights-of-way in the Borough of Haledon.
As used in this article, the following terms
shall have the meanings indicated:
SHADE TREES
Any tree that sheds its leaves in the fall and regains new
growth in the spring of any year or such other trees as may be designated
by the Borough of Haledon.
STREET
Any road established in the Borough of Haledon by the Borough
of Haledon, County of Passaic or State of New Jersey.
No person shall remove, cut or otherwise disturb
any tree on any street, established right-of-way or municipally owned
property without first securing the approval of the Superintendent
of Public Works.
No person shall intentionally damage, cut, carve, transplant or remove any tree; attach any rope, wire, nails, advertising posters or other contrivance to any tree; allow a gaseous, liquid or solid substance which is harmful to such trees to come into contact with them; or set fire or permit any fire to burn when such fire or heat thereof will injure any portion of any tree unless directed by the Borough in accordance with §
380-11 above.
Any person, firm or corporation violating or
failing to comply with any of the provisions of this article shall
be guilty of a violation of this article and, upon conviction thereof,
shall be sentenced to pay a fine of not less than $50 nor more than
$1,000 and costs of prosecution and/or be imprisoned in the county
jail for not more than 30 days.
[Added 8-11-1999 by Ord. No. 7-14-99B]
A. Whenever any person shall remove a tree on a street,
established right-of-way or municipally owned property:
(1) The stump of such tree shall be removed within 30
days after the removal of the remainder of the tree; and
(2) A replacement tree, of a size and type to be approved
by the Superintendent of Public Works, shall be planted in place thereof
unless otherwise directed by the Superintendent of Public Works.
B. Upon the failure to do either or both, in addition
to the penalties herein provided, the Borough may undertake such work,
and the costs thereof shall be certified to the Borough Council. If
satisfactory to the Borough Council, the costs thereof shall be charged
to the abutting property owner and a lien for such costs imposed upon
the abutting property. Said amount shall bear interest at the same
rate and shall be collected and enforced in the same manner as in
the case of nonpayment of taxes.