The power to provide regulations for the planting, care and control of shade and ornamental trees and shrubbery is part of the general police power contained in N.J.S.A. 40:43-1, 2.
The regulation, planting, care and control of shade and ornamental trees and shrubbery now located, or which may hereafter be planted, upon or immediately adjacent to, the streets, highways, public places, parks and parkways of the borough shall be exercised by and be under the authority of the mayor and council.
The mayor and council shall have the power to:
a. 
Exercise full and exclusive control over the regulation, planting, and care of shade and ornamental trees and shrubbery now located, or which may hereafter be planted, in the borough's highways, parks or parkways, 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. 
Care for and control such parks and parkways and encourage arboriculture.
e. 
Administer treatment to or remove any trees situated upon private property which are believed to harbor a disease or insects readily communicable to neighboring healthy trees in the care of the borough, and enter upon private property for that purpose, with notice to the owner thereof, provided the suspected condition is first confirmed by certificate issued by or on behalf of the Department of Agriculture.
The provisions of this section shall not apply to planting in connection with Arbor Day exercises or other educational demonstrations.
15-3.1. 
Permission Required for Certain Acts. No person shall do, or cause to be done, any of the following acts upon public highways, public parks or other public places within the borough, without the written permission of the mayor and council.
a. 
Cut, trim, break, climb with spike, destroy the roots, in any way injure or spray with any dangerous chemical, or remove any living tree or shrub, or injure and misuse any structure or device placed to support or protect such tree or shrub.
b. 
Plant any tree or shrub along or adjacent to streets or highways.
c. 
Fasten any rope, wire, electric attachment, 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 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.
15-3.2. 
Electric Wires. Any person having control over any wire for transmission of electric current along a public highway shall at all times guard all trees through which or near which such wires pass against any injury from wires or from electric current carried by them. The device or means used shall in every case be subject to the approval of the mayor and council.
15-3.3. 
Injurious Substances. No person shall permit any brine, gas or injurious chemical to come in contact with the stem or roots of any tree or shrub upon public property.
15-3.4. 
Interference With Borough Work. No person shall prevent, delay or interfere with any lawful work undertaken under this chapter by the mayor and council or other employees of the borough.
15-3.5. 
Removal of Trees. The mayor and council shall have the power to:
a. 
Require the removal of any tree, or part thereof, dangerous to public safety, at the expense of the owner of such tree.
b. 
Remove any tree, or part thereof, at the request and expense of the owner of such tree.
15-4.1. 
Contracts with Borough. The mayor and council shall have the power to contract with the owner of any real estate in the borough to supply to such owner material and labor for the purpose of planting, trimming, treating or removing shade trees and to charge the actual cost thereof to the owner. If, after such material or labor is supplied, payment is not made on demand, the mayor and council may certify the actual cost thereof to the tax collector, whereupon the sum so certified shall be collected by the tax collector as other taxes on real property are collected in the borough.
15-4.2. 
Shade Trees Required. There shall be planted upon every public street shade trees of at least 1 3/4 inches to two inches in diameter, placed approximately 50 feet apart and so located as not to interfere with the utilities or sidewalks.
15-4.3. 
New Construction. Shade trees shall be planted by the owner of the property before a certificate of occupancy is issued by the construction official for a newly constructed home. The construction official shall ascertain that the required trees have been planted as aforesaid.
If the applicant for the certificate of occupancy has not been able to comply with the tree planting requirements because of seasonal planting limitations, the construction official shall indicate to the borough clerk the number of trees to be planted and the clerk shall be authorized to charge $25 per tree which is to be planted upon the public easement property in front of applicant's property. It shall be the responsibility of the mayor and council to plant the required number of trees on the applicant's property the following spring or fall planting season, whichever is sooner.
The tax collector is hereby authorized to establish a trust account known as the "Borough of Carlstadt Shade Tree Trust Account", in which all escrow moneys for shade tree planting shall be deposited, and which shall be drawn upon at the request of the mayor and council. Such request of the mayor and council shall be substantiated by a listing designating the location and number of trees to be planted.
This subsection shall not be construed to require the planting of trees where trees complying with the minimum requirements already exist.
15-4.4. 
Payments for Borough Work; Costs to be a Lien. Except as herein provided, the initial cost of all trees planted by the mayor and council, the cost of planting the same, the cost of the posts and boxes or guards used for the protection thereof, and the cost of the removal of any tree or part thereof dangerous to public safety, if the mayor and council shall so determine, shall be a charge upon the real estate in front of which such trees shall be planted or removed as an improvement thereof. If the cost to be paid by the owner remain unpaid for a period of 30 days, the mayor and council shall certify to the tax collector such costs and they shall thereupon become and be a lien upon the real estate, to be included in the next tax bill rendered to the owner thereof, and shall be collected in the same manner as other taxes against that property.
15-5.1. 
Minimum Requirements. All owners or tenants of lands lying within the limits of the borough wherein brush, hedge and other plant life are growing within 10 feet of any roadway and within 25 feet of the intersection of two roadways, shall keep and maintain the same cut to a height of not more than 2 1/2 feet.
15-5.2. 
Failure to Comply. Upon the refusal or neglect of the owners or tenants to cut brush, hedges or other plant life complained of within 10 days after receipt of notice from the mayor and council, then the mayor and council shall provide for the cutting of the same by and under their supervision, and the reasonable costs thereof, certified by the mayor and council, shall be charged against the property.
The amount so charged shall become a lien upon the lands and shall be added to the taxes next to be assessed and levied upon such lands, and shall be collected in the same manner as other taxes.
15-6.1. 
Purpose and Intent. The purpose of this chapter is to preserve and protect private and public property from the damaging effects of the spread of certain invasive, non-native plantings such as bamboo; to protect indigenous plant materials from the invasive spread of non-native planting such as bamboo; and to maintain the general welfare of the residents of the Borough of Carlstadt.
15-6.2. 
Definitions. For purposes of this chapter, the following definitions shall apply:
BAMBOO
Any monopodial (running) tropical or semitropical grasses from the genera Phyllostachys or Pseudosasa, including, but not limited to, Phyllostachys aureosulcata, yellow grove bamboo. In addition, this definition includes common bamboo, golden bamboo and arrow bamboo.
BAMBOO OWNER
Any owner/occupant who has planted and/or grows bamboo on their property; who maintains bamboo on their property; or who permits bamboo to grow or remain on their property, even if the bamboo has spread from an adjoining property. A property owner and/or occupant will not be considered to be a bamboo owner if:
a. 
He/she has provided satisfactory proof to the Borough that, within a reasonable period of time after discovering the encroachment of bamboo onto the subject property from an adjoining or neighboring property, he/she advised the owner of such property of his/her objection to the encroachment of the bamboo; and
b. 
He/she has initiated steps for the removal of the bamboo from the subject property, including seeking available remedies at law and/or equity.
PERSON
Any person owning or occupying any premises within the Borough of Carlstadt. For purposes of this chapter, bamboo owner responsibilities shall apply to the owner in the case of vacant premises or premises occupied by the owner, or to the occupant of the premises in case of premises occupied by other than the owner.
15-6.3. 
(Reserved)
15-6.4. 
Bamboo Restrictions.
a. 
Any bamboo growing upon any premises in the Borough in violation of any of the provisions of this section is hereby declared to be a nuisance and detrimental to the health, safety and welfare of the inhabitants of the Borough.
b. 
The planting or growing of bamboo shall be prohibited within the Borough, unless:
1. 
The root system of such bamboo plant is entirely contained within a planter, barrier, or other vessel, located entirely above ground level, and of such design, material, and location as to entirely prevent the spread/growth of the bamboo's root system beyond the container in which it is planted; or
2. 
The root system is contained within a barrier, constructed in accordance with the following specifications, and only after a permit is issued by the Borough:
(a) 
The barrier shall be composed of high density polypropylene or polyethylene, 40 mil or heavier;
(b) 
Portions or sheets of the barrier shall be secured or joined together by the use of stainless steel clamps or stainless steel closure strips designed for such barriers;
(c) 
The entire perimeter of the barrier shall be more than 30 inches below ground level and more than three inches above ground level;
(d) 
When installed, the barrier shall slant outward from the bottom to the top.
3. 
Any person who hereafter plants or grows, or causes to be planted or grown, bamboo within the Borough, except as under the conditions set forth in subparagraph 1. and 2. above, shall be deemed to be in violation of this chapter and shall be subject to such penalties as are set forth herein.
c. 
Property Lines and Removal of Bamboo.
1. 
Bamboo shall not be planted, maintained, or otherwise be permitted to exist within 20 feet of the edge of the pavement or traveled portion of any public roadway in the Borough. Any bamboo owner whose property contains bamboo shall remove and abate the growth of the bamboo within 20 feet of the edge of the pavement or traveled portion of public road in the Borough.
2. 
Each bamboo owner shall be responsible to ensure that the bamboo planted or growing on his/her property prior to the effective date of this sections does not encroach or grow upon any adjoining or neighboring property, including all public property and rights-of-way. Such bamboo owners shall be required to take such measures as are reasonably expected to prevent such invasion or encroachment, including, but not limited to, the installation of sheathing compromised of metal or other material impenetrable by bamboo at a sufficient depth within the property line or lines where the bamboo is planted or is growing to prevent the growth or encroachment upon adjoining or neighboring property by the bamboo.
3. 
Replanting Prohibited. Any bamboo existing on property prior to the effective date of this section may not be replanted or replaced in kind once such bamboo is or has become, for any reason, dead, destroyed, uprooted or otherwise removed except in compliance with the provisions of this chapter.
15-6.5. 
Bamboo Removal from Borough Property.
a. 
Encroachment. In the event that bamboo growing on a bamboo owner's property invades or grows into borough property, including, but not limited to, rights-of-way, the Borough shall notify the bamboo owner in writing that bamboo has invaded the Borough property and that the bamboo owner is responsible for the removal of such bamboo from the Borough property. This encroachment notice shall be sent by certified mail, return receipt requested, and by regular mail to the last known address of the bamboo owner, and a copy of the notice shall also be posted in a conspicuous location on the bamboo owner's property.
b. 
In the event that the bamboo owner does not remove the bamboo from the Borough property, or does not make an arrangement with the Borough for removal of such bamboo within 15 days from the date of the encroachment notice, the Borough, at its discretion, may remove such bamboo from the Borough property. The bamboo owner shall be liable and responsible to the Borough for all costs associated with removing the bamboo from the Borough property. Such costs may be assessed against the property of the bamboo owner, and in the event that the costs remain unpaid for 30 days after the demand for payment has been made by the Borough on the bamboo owner, the Borough may lien the property of the bamboo owner for these costs, plus interest, fees, and expenses, as allowed by law.
c. 
In the event that the Borough is compelled to undertake the removal of bamboo, as provided for above, neither the Borough nor its employees, contractors or agents shall have any liability to the bamboo owner for any damages or other claims arising out the removal of such bamboo. In the event such removal entails or causes damage to the property of any person or entity other than the bamboo owner, the bamboo owner shall be responsible for such damages.
15-6.6. 
Notice of Violation.
a. 
In the event that there is any bamboo growing or remaining upon such premises in violation of the provisions of § 16-6.4 of this chapter, the Borough shall notify the bamboo owner in writing of the existence of such violation. Notice of violation shall be served by handling it directly to the bamboo owner; by mailing it to the last known address of the bamboo owner; or by posting notice of violation on the premises at a conspicuous location.
b. 
Any bamboo owner receiving a notice of violation shall bring their property into compliance with this chapter with 15 calendar days of the bamboo owner's receipt of said notice. If the bamboo owner fails to bring his/her property into compliance with the notice and this chapter, then the Borough may issue a summons against the bamboo owner.
15-6.7. 
Violations and Penalties.
a. 
Any person who violates any of the provisions of this chapter shall, upon conviction, in a summary proceeding before any Magistrate of the Municipal Court, be subject to the general penalty clause in Chapter I, § 1-7 of the Code of the Borough of Carlstadt.
b. 
In addition the Borough may institute suits, in equity or at law, to restrain, prevent or abate a violation of this chapter. Such proceedings may be initiated before any court of competent jurisdiction. The expense of such proceedings shall be recoverable from the violator in any manner as may now or hereafter by provided by law.