[1967 Code § 19-5.1; Ord. No. 07-03]
As used in this chapter:
- MUNICIPAL TREES
- Those identified on a map created and maintained by the Shade Tree Commission and which are contained in the municipal right-of-way.
- PLANT CONSTRUCTION
- As applied to public utility companies shall mean appurtenances, devices, poles, wires, cables, subsurface conduits, pipes and other requisite facilities.
- PUBLIC UTILITY
- Shall have the same meaning as that given it in N.J.S.A. 48:2-13.
- SHADE TREE COMMISSION
- The Shade Tree Commission of the Borough of Bound Brook and its duly authorized representatives.
- Trees, woods, plants and shrubs.
[1967 Code § 19-5.2]
No person shall do to any tree on any street within the Borough any of the following acts without having first obtained written permission from the Shade Tree Commission:
Cut, prune, trim, break, damage, kill or remove any tree.
Cut, unduly disturb or interfere with in any way any root of a tree.
Spray any tree with any chemical.
Fasten any rope, wire, sign or other device to a tree or to any guard above such tree.
Remove or damage any guard or device placed to protect any tree.
Place or maintain upon the ground in any street stone, cement or other material or substance in such manner as may obstruct the free access of air and water to the roots of any tree.
Lay any sidewalk along or open, construct, curb or pave any street or do any like act so as to interfere with or do injury to any tree or the roots thereof.
Excavate within six feet of any tree.
Attach or fasten any wire, insulation or other device for holding any wire to any tree.
Plant or set out any shade tree in or on any street.
Erect, alter, repair or remove a building or structure in a manner that will endanger nearby trees, whether through the placement of materials hazardous to trees or otherwise.
[1967 Code § 19-5.3]
No person shall do any of the following acts to any tree on any street in the Borough of Bound Brook:
Cause or permit gas or other substances deleterious to tree life to come in contact with the soil surrounding the roots of any tree in any street in a manner that will injure, kill or destroy the tree.
Cause or permit brine, salt, oil, liquid dye or any other substance deleterious to tree life to lie, leak, pour, flow, drip, or in any other manner whatever enter the soil around the base of a tree in any street.
Prevent, delay or interfere with the Shade Tree Commission or its authorized agents in the performance of their duties.
Build a fire or station a tar kettle, road roller or other device in any street in a manner that will result in heat, vapors or fumes therefrom injuring any tree.
Use or operate shovels, machines, equipment, tools or any other implement in such a manner as to damage, injure or destroy a tree.
[1967 Code § 19-5.4]
The Shade Tree Commission may grant to public utility companies a blanket permit for the installation and maintenance of subsurface and above ground plant construction.
Public utility companies may, during periods of emergency specific permit, install temporary attachments to trees and subsurface emergency repairs.
Each public utility company shall maintain its plant construction so as not to damage or kill trees.
[1967 Code § 19-5.5; Ord. No. 07-03]
Notwithstanding anything set forth in this Code to the contrary, the existence of the Municipal Shade Tree Commission shall not impair, restrict or relieve a property owner from the obligation to maintain or repair the sidewalks and curbs adjacent to his property which may have been damaged by tree roots or other growth. Any sidewalks or curbs which have been heaved, cracked or otherwise physically damaged by tree roots or growth may be repaired, maintained or improved by the adjacent property owner without the necessity of obtaining permission from the Shade Tree Commission for the necessary work. In the event it is necessary to remove any tree root or other growth in order to repair the section of sidewalk or curbing the owner shall remove only so much of the root or growth as is necessary to repair the sidewalks or curbing in order to reestablish the proper grade in accordance with the provisions of this Code and the plans, specifications and grades on file in the office of the Borough Engineer. If the owner desires to remove any portion of the tree in addition to the root, he must obtain written permission from the Shade Tree Commission in accordance with Subsection 27-1.2 of this Code.