[1967 Code § 19-5.1; Ord. No. 07-03]
As used in this chapter:
All trees which are contained within the municipal right-of-way,
on Borough-owned property or within Borough easements.
[Amended 5-28-2019 by Ord. No. 2019-23]
As applied to public utility companies shall mean appurtenances,
devices, poles, wires, cables, subsurface conduits, pipes and other
requisite facilities.
Shall have the same meaning as that given it in N.J.S.A.
48:2-13.
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; amended 5-28-2019 by Ord. No. 2019-23]
No person shall do to any municipal tree within the Borough
any of the following acts without having first obtained written permission
from the Shade Tree Commission:
a.
Cut, prune, trim, break, damage, kill or remove any tree.
b.
Cut, unduly disturb or interfere with in any way any root of a tree.
c.
Spray any tree with any chemical.
d.
Fasten any rope, wire, sign or other device to a tree or to any guard
above such tree.
e.
Remove or damage any guard or device placed to protect any tree.
f.
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.
g.
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.
h.
Excavate within six feet of any tree.
i.
Attach or fasten any wire, insulation or other device for holding
any wire to any tree.
j.
Plant or set out any tree in or on any street.
k.
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; amended 5-28-2019 by Ord. No. 2019-23]
No person shall do any of the following acts to any municipal
tree in the Borough of Bound Brook:
a.
Cause or permit gas or other substances deleterious to tree life
to come in contact with the soil surrounding the roots of any municipal
tree in a manner that will injure, kill or destroy the tree.
b.
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.
c.
Prevent, delay or interfere with the Shade Tree Commission or its
authorized agents in the performance of their duties.
d.
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.
e.
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]
a.
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.
b.
Public utility companies may, during periods of emergency specific
permit, install temporary attachments to trees and subsurface emergency
repairs.
c.
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.
[1967 Code § 19-6; Ord. No. 07-03; amended 5-28-2019 by Ord. No. 2019-23]
Members of the Shade Tree Commission, the Department of Code
Enforcement and the Bound Brook Police Department (BBPD) are designated
to enforce the provisions of this section. In the event that a member
of the Shade Tree Commission, or inspector from the Department of
Code Enforcement or an officer of the BBPD determines that a violation
of this section or any regulation promulgated pursuant thereto has
occurred, a summons and/or complaint may be filed with the Municipal
Court whether or not a notice of violation or order has been served.
Any person, firm or corporation that violates or neglects to comply
with the provisions of this section or any regulation promulgated
pursuant thereto shall, upon conviction thereof, be liable in Municipal
Court for a minimum fine of $200 to a maximum fine of $2,000. Monies
collected from these fines will be deposited into the Borough Shade
Tree Trust Fund and used solely for the purchase and planting of new
trees within the Borough. Violations involving more than one tree
will be treated as a separate violation for each tree effected.
