[HISTORY: Adopted by the Mayor and Council
of the Borough of North Arlington 9-15-1992 by Ord. No. 1568 (Ch.
184 of the 1984 Code). Amendments noted where applicable.]
The following terms shall have the meanings
indicated:
Every person, firm, association, partnership and corporation.
As applied to public utility companies, poles, wires, cables,
subsurface conduits, pipes, manholes and appurtenant facilities of
such companies installed in a street.
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:
A.
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.
B.
Regulate and control the use of the ground surrounding
the same, so far as may be necessary for their proper growth, care
and protection.
C.
Move or require the removal of any tree, or part thereof,
dangerous to public safety.
D.
Encourage arboriculture.
[Amended 2-9-2006 by Ord.
No. 1953]
E.
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:
A.
Cut, prune, climb with spikes, break, damage, remove
or kill.
B.
Cut, disturb or interfere in any way with any root.
C.
Spray with any chemical.
D.
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.)
E.
Remove or damage any guard or device placed to protect
any tree or shrub.
F.
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.
G.
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.
H.
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.
I.
Remove soil, either for trenching or otherwise, within
two feet of a tree.
J.
Construct new sidewalks and/or driveways with any
material whatsoever within two feet of a tree.
K.
Excavate within two feet of a tree.
L.
Plant trees or shrubs.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
[Amended 3-11-1997 by Ord. No. 1686; 5-1-2001 by Ord. No.
1801]
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.
