As used in this article, the following terms shall have the meanings indicated:
PERSON Every person, firm, association, partnership, corporation and individual.
SHADE TREE Shade and ornamental trees and shrubbery now located or which may hereafter be planted in any public highway, park or parkway, area between sidewalks and curbs and/or Township right-of-way of public streets in the Township, except those located or planted on county highways, parks and parkways and state highways.
STREET All streets, roads, roadways, public highways, parks or parkways, public alleys and public places in the Township, except county parks, parkways and highways and state highways.
No person, firm or corporation or individual connected with such firm or corporation shall do or cause to be done by others to any tree, shrub or plant on a public highway or place, either purposely, carelessly or negligently, without the permission of the Department of Parks and Public Property, any of the following acts:
A. Cut, prune, climb with spikes, break, damage or remove.
B. Cut, disturb or interfere in any way with any root.
D. Fasten any rope, wire, sign or other device.
E. Remove or damage any guard or device placed to protect any tree or shrub.
No person shall place salt, brine, oil, chemicals or other substances injurious to plant growth in any public highway or place in such a manner as to injure any tree or shrub growing thereon.
No person, firm or corporation is permitted to lay any sidewalk along or to open, construct, curb or pave any street or do any like act so as to interfere with or do injury to any highway shade tree without written consent of the Department of Parks and Public Property.
Any person requesting the removal or transplanting of any shade tree must obtain written approval from the Department of Parks and Public Property. If such removal or transplanting, in the opinion of the Department of Parks and Public Property, is of no advantage to the general public but advantageous to only said person requesting the work, then such person shall pay the cost of such work and provide a replacement tree in accordance with specifications to be determined by the Department of Parks and Public Property. If the work is conducted by the Department of Parks and Public Property, said cost of removal, transplanting or replacement of shade trees shall be based on the size and condition of the tree. A deposit sufficient to cover the cost of said work shall be made before the work is started. Work may also be conducted by private contractors upon approval by the Department of Parks and Public Property.
The Department of Parks and Public Property may remove or require the removal of any tree or part thereof dangerous to public safety, at the expense of the owner of such tree, upon first serving written notice to the owner of said tree that the same will be removed unless the owner removes the same within one week from the date of said notice.
No shade or ornamental tree or shrub shall be planted in any of the public highways of this Township except by a representative of the Department of Parks and Public Property.
A. The Department of Parks and Public Property, in its discretion, will plant a tree for a property owner upon written request, provided that there is sufficient distance for the future growing of said tree and that budget or availability of funds allows for said planting.
B. Trees replacing trees heretofore planted by the Department of Parks and Public Property and removed because of disease, storm damage, accidents or natural causes will, in the discretion of the Department of Parks and Public Property, be replaced by the Department of Parks and Public Property at no charge to the property owner, provided that there is a minimum width of 50 feet between trees on the same side of the street.
C. The type and selection of trees to be planted will be determined by the Department of Parks and Public Property.
No person shall prevent, delay or in any manner interfere with the Department of Parks and Public Property or its authorized agents or representatives in the performance of their lawful duties.
Where the permission, consent or approval of the Department of Parks and Public Property is required by the provision of this article, any person, firm or corporation required to obtain permission, consent or approval shall first make application therefor to the Department of Parks and Public Property, Township of Nutley, County of Essex.
The death, destruction, removal or injury of each and every tree or shrub in violation of any provision of this article shall constitute a separate offense. Any person, firm or corporation, their agents or employees, who shall violate or authorize or permit any violation of any provision of this article shall, upon conviction thereof, forfeit and pay a penalty of $1,000 for each and every offense.