The following terms shall have the meanings
indicated:
PERSON
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.
STREET
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.
TREE
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.
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.
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.