§ 338-2Powers of Department of Public Works.
§ 338-3Acts requiring notification.
§ 338-4Required safety procedures.
§ 338-5Permit required for public utilities; exemptions.
§ 338-6Citizen participation program.
§ 338-7Mandatory replacement.
§ 338-8Violations and penalties.
The following terms shall have the meanings indicated:
- Every person, firm, association, partnership and corporation.
- PLANT CONSTRUCTION
- As applied to public utility companies, poles, wires, cables, subsurface conduits, pipes, manholes and appurtenant facilities of such companies installed in a street.
- PUBLIC UTILITY COMPANY
- Refers to a public utility as defined in N.J.S.A. 48:2-13, and any amendments or supplements thereto or any superseding statute.
- Any public street within the jurisdiction of the Borough designated by the governing body of the Borough to be within the jurisdiction of the Department of Public Works, municipal parks and parkways, county roads and state highways.
- Shade and ornamental trees and shrubbery.
The Department of Public Works shall have the power to:
Exercise full and exclusive control over the regulation, planting and care of shade trees now located or which may hereafter be planted in any public highway or parkway, except such as owned or maintained by the State Highway Department or the County of Bergen, including the planting, trimming, spraying, care and protection thereof.
Regulate and control the use of the ground surrounding the same, so far as may be necessary for their proper growth, care and protection.
Move or require the removal of any tree, or part thereof, dangerous to public safety.
Administer treatment to or remove any tree situated upon private property which is believed to harbor a disease or insects readily communicable to neighboring healthy trees in the care of the municipality and enter upon private property for that purpose, with the consent of the owner thereof, provided that the suspected condition is first confirmed by a certificate issued by or on behalf of the New Jersey Department of Agriculture.
No person shall do any of the following acts to any tree on a street without the prior written notification of the Department of Public Works:
Cut, prune, climb with spikes, break, damage, remove or kill.
Cut, disturb or interfere in any way with any root.
Spray with any chemical.
Fasten any rope, wire, sign or other device thereto or thereon. (Nothing herein shall prevent any governmental agency from affixing in a manner approved by the Department of Public Works a public notice upon a tree in connection with administering governmental affairs.)
Remove or damage any guard or device placed to protect any tree or shrub.
Place any type of guard or device around or near a tree, and when with such permit, only of a type and in a manner approved by the Department of Public Works.
Place or distribute chemicals, including but not limited to salt, brine, oil or tar, deleterious to tree health in such a manner as to injure a tree or in any manner whatsoever to interfere with the proper growth and proper health of a tree.
Maintain a stationary fire or device which vaporizes noxious fumes deleterious to tree health in such a manner that the heat vapors or fumes therefrom may injure a tree.
Remove soil, either for trenching or otherwise, within two feet of a tree.
Construct new sidewalks and/or driveways with any material whatsoever within two feet of a tree.
Excavate within two feet of a tree.
Plant trees or shrubs.
The Department of Public Works shall have five working days, exclusive of weekends and holidays, to respond. If no written response has been received at the end of five working days, the applicant may proceed with the work for which notification was required.
In the erection, altering or repairing of any building or structure, the owner or contractor thereof shall place such guards, of a type and in a manner approved by the Department of Public Works, around all trees on a street, as defined in § 338-1 hereof, as will effectively prevent injury to such trees.
No person, other than the Borough of North Arlington, shall do any excavating within two feet of any tree without the prior written permission of the Department of Public Works and unless adequate safeguards are taken to prevent injury to such trees.
Shovels and all other implements, machines and tools shall be used or operated in such a manner as not to damage or destroy any tree on any street, as defined in § 338-1 hereof.
Where in authorized excavations it becomes necessary to expose or cut roots more than one inch in diameter, it shall be the duty of the contractor to protect such roots, under the advice of the Department of Public Works.
Each public utility company shall exercise reasonable diligence in the maintenance of its plant construction so as to avoid damage to trees under the jurisdiction of the Borough of North Arlington.
Residents planting a tree under the citizen participation program shall be assessed a fee which shall be established by municipal resolution. These trees will be planted on a resident-request-only basis.
Trees to be planted by the Department of Public Works will be on order only. The fee, per tree, is calculated by the following formula: 50% of the cost of the tree plus 10% of the labor of planting the tree.
Upon the removal of a shade tree, the owner of record at that address shall contribute an amount to be established by resolution to partially offset the cost of replacing the shade tree. Replacement of shade trees that have been removed is mandatory unless this requirement is waived, in writing, by the Department of Public Works.
Any person found guilty of violating any of the provisions of this chapter shall, upon conviction by a Judge officiating within or for the Borough of North Arlington, be punishable as provided in Chapter 1, Article I, General Penalty, for each offense. Each day any violation of this chapter shall continue shall constitute a separate offense.