[HISTORY: Adopted by the Mayor and Council
of the Borough of Oradell 7-22-2008 by Ord. No. 08-09. Amendments noted where
applicable.]
The purpose of this chapter is to provide for
the planting, maintenance, control, protection and improvement of
shade trees and shrubbery along public streets and roads and public
places within the Borough of Oradell and to vest in the Shade Tree
Committee the authority to carry out the provisions of this chapter,
subject to the approval of the governing body.
As used in this chapter, the following terms
shall have the meanings indicated:
Any individual, association, partnership, company, agency,
corporation or combination thereof.
As applied to public utility companies, poles, wires, cables,
subsurface conduits, pipes, manholes and appurtenant facilities of
such companies installed in a street.
The Superintendent of the Department of Public Works.
A public utility as defined in N.J.S.A. 48:2-13.
Any public street of the Borough; municipal parks, county
roads, if the County Shade Tree Committee assents.
Shade and ornamental trees and shrubs in the Borough.
A.
No person shall plant, cut down and/or trim any tree
or shrubbery within any Borough right-of-way or on any Borough-owned
lands without first obtaining a permit approved by the Public Officer,
who shall consult with the Shade Tree Committee[1] prior to issuing any such permit.
B.
No property owner shall plant any trees or shrubbery
within 10 feet of the Borough right-of-way without first obtaining
the approval of the Public Officer, who shall consult with the Shade
Tree Committee prior to issuing any such approval. The purpose of
this provision is to ensure free access, presently and in the future,
to the public for use of Borough rights-of-way.
C.
No fee shall be required for issuance of a shade tree
permit.
No person shall do any of the following acts
to any trees or shrubbery within the jurisdiction of the chapter without
first obtaining a permit from the Public Officer, who shall consult
with the Shade Tree Committee prior to issuing any such permit:
A.
Prune, cut, climb with spikes, damage, break or remove
or kill.
B.
Cut, disturb or interfere in any way with roots.
C.
Spray with chemicals.
D.
Fasten any wire, rope, sign or other device to any
tree.
E.
Remove or damage any guard or device placed to protect
any tree or shrub.
F.
Spread or apply any injurious chemicals, including
salt, around the root area of any tree or shrub.
G.
Remove soil, either for trucking or otherwise, within
two feet of any tree.
H.
Construct new sidewalks and/or driveways with any
materials within two feet of a tree.
I.
Excavate within two feet of a tree.
J.
Allow trees and shrubbery on private property to obstruct
walkways or streets and obscure vision of persons using same. Owners
of private properties shall prune trees and shrubbery in such a manner
that branches will hang not less than eight feet over sidewalks and
13 feet over roadways. Shrubbery on private property shall be pruned
back in such a manner to prevent branches from obstructing, hindering
or harming pedestrians.
K.
Plant trees or shrubs.
Upon the yearly receipt of proof from a utility
company that trained and qualified persons are responsible, a blanket
permit may be approved for work within the area of jurisdiction of
the Shade Tree Committee of the Borough of Oradell. This work is subject
to inspection by the Public Officer.
All new or added construction shall be subject
to the above regulations. Upon receiving a building permit, it is
understood that the builder or property owners will cooperate with
the Shade Tree Committee of the Borough of Oradell. Any new structure,
home, business, industry or improvement to existing structures is
not complete until properly planted, that is:
A.
Where advisable, shade trees are to be planted, but
not closer than 40 feet, on center, with a minimum of two per lot,
within property designated as reserved to the Borough of Oradell by
easement or other reservation.
B.
Parking lots must have areas set aside for shade trees
and/or evergreens and shrubs, or both, and planting for screening
where advisable.
C.
Trees shall be two inches or more in diameter and
of the kinds designated by the Committee.
No person shall prevent, delay or in any manner
interfere with the Committee, Public Officer or any authorized agent
of the Committee in the performance of their lawful duties.
All inspections, regulations and enforcements
of violations of the provisions of this chapter shall be under the
direction and supervision of the Committee and the Public Officer,
who shall cause complaints to be issued in the Municipal Court for
a violation of any provision of this chapter.
Any person who is found guilty of violating
any of the provisions of this chapter shall, upon conviction by the
Municipal Court, be fined a sum not to exceed $500 for each offense.
Each day that any violation shall continue shall be considered a separate
offense.
