[Ord. No. 13 § 1]
Any tree standing in or along a public street or other public
place of the Borough, the branches of which extend or shall extend
over the sidewalk or roadway, shall be trimmed to a height of not
less than ten (10') feet above the crown of the road, so as to
prevent injury to the public health, impediment to travel and obstruction
to street uses; and the Superintendent of Public Works, having charge
of the Borough streets, shall have power to trim all such trees to
that height, or a greater height, or otherwise, as in his/her judgment
shall be expedient.
[Ord. 873 § 1]
The Borough of Peapack and Gladstone finds that the preservation,
protection and planting of trees and shrubs aids in the stabilization
of soil by the prevention of erosion and sedimentation; reduces stormwater
runoff and the potential damage it may create; aids in the removal
of pollutants from the air and assists in the generation of oxygen;
provides a buffer and screen against noise and pollution; provides
protection against severe weather; aids in the control of drainage
and restoration of denuded soil subsequent to construction or grading;
provides a haven for birds and other wildlife and otherwise enhances
the environment; protects property values; conserves and enhances
the Borough's physical and aesthetic appearance; and generally
protects the public health and safety as well as the general welfare.
[Ord. No. 873 § 2]
Shall mean and refer to the Borough of Peapack and Gladstone,
in the County of Somerset and State of New Jersey.
Shall mean a shrub located on land owned by the Borough.
Shall mean a tree located on land owned by the Borough.
Shall mean the area around a tree in which the loss, disturbance
or damage to any roots will adversely affect its long-term health
and/or structural stability.
Shall mean an event or events, disease or condition which
has damaged or destroyed a tree or trees, such that the continued
presence of such damaged or destroyed tree or trees imminently threatens
life or property in proximity thereto.
Shall mean every person, firm, association, partnership and
corporation.
Shall mean a woody plant that does not have a center trunk
and does not grow over ten (10') feet high.
Shall mean any living, woody perennial plant having a diameter
greater than four (4") inches measured at a point four (4') feet
above the ground.
Shall mean a certificate issued by the Department of Public
Works of the Borough of Peapack and Gladstone to remove a tree or
shrub.
[Ord. No. 873 § 3]
The Department of Public Works may direct the removal of a Borough
tree or shrub if the Department determines the following:
a.
Such tree or shrub is so diseased or so infested as to be a danger
to other trees in the Borough or surrounding communities.
b.
Such tree or shrub is dead and its presence would cause hardship
or endanger the public or an adjoining property owner.
c.
Such removal is necessary for the construction of any Borough or
public improvement.
d.
Such removal is necessary where the tree or shrub is causing damage
to the Borough property, or adjacent private property.
e.
Such removal is necessary to permit the construction of a driveway
and will be done at the expense of the private property owner so benefited.
[Ord. No. 873 § 4]
An application fee of twenty-five ($25.00) dollars shall be
paid by the applicant to the Borough of Peapack and Gladstone for
each tree removal permit.
a.
No person shall without a written permit from the department of public
works do any of the following acts to any Borough tree or shrub:
1.
Cut, prune, climb with spikes, break, damage, remove or kill.
2.
Cut, disturb or interfere in any way with roots within the critical
root zone of any tree or shrub.
3.
Spray with any chemicals.
4.
Nail, tack, paste or in any other manner affix any item of any kind
or description on any Borough tree or shrub (nothing herein shall
prevent any governmental agency from affixing in a manner approved
by the Department of Public Works a public notice upon a Borough tree
or shrub in connection with administering governmental affairs).
5.
Remove or damage any guard or device placed to protect any Borough
tree or shrub.
6.
Conduct razing, removal or renovation of any structure if deemed,
by the Borough, to be damaging to neighboring Borough trees or shrubs.
7.
Place or distribute chemicals, including, but not limited to, salt
deleterious to tree or shrub health, within the critical root zone
of a Borough tree or shrub.
8.
Remove soil, either for trenching or otherwise, from the critical
root zone of a Borough tree or shrub.
9.
Construct new sidewalks and/or driveways with any material whatsoever
within the critical root zone of a tree or a shrub.
10.
Operate, place or maintain within the critical root zone of any Borough
tree or shrub any machinery, equipment, heavy object, stone, rocks,
cement, earth, soil or other substance which may harmfully affect
such Borough tree or shrub by unduly compressing the earth or otherwise
impeding or preventing the access of water or air to the roots of
such tree or shrub.
11.
Plant a tree or shrub within the designated area under the control
of the Borough.
12.
Tie or fasten an animal to any Borough tree or shrub.
13.
Tie or fasten in any manner any bicycle, scooter or any type of equipment
or device to any Borough tree or shrub.
[Ord. No. 873 § 5]
a.
Any public entity or its agents may, upon receiving written permission
from the Department of Public Works at least seventy-two (72) hours
prior to the start of work, prune or remove Borough trees or shrubs
for line clearance of utility wires in nonemergency situations pursuant
to line clearing.
b.
Public utility companies may, during periods of emergency, without
specific prior permit install temporary attachments to Borough trees
and make emergency subsurface repairs.
c.
Each public utility company shall exercise reasonable diligence in
the maintenance of its operations so as to avoid damage to Borough
trees and shrubs.
[Ord. No. 873 § 6]
a.
Any person found guilty of violating any of the provisions of this section shall, upon conviction thereof, be subject to the penalties established in Chapter 1, Section 1-5 of the Code of the Borough of Peapack and Gladstone. Each day any violation of this section shall continue shall constitute a separate offense.
b.
In addition to any penalty imposed, pursuant to paragraph a, the
Municipal Court Judge may impose an additional penalty of an assessment
paid to the Borough based upon the value of the tree or shrub as determined
by a certified tree expert, certified arborist, or trained forester
in accordance with current methods stipulated in the Guide for Plant
Appraisals and unit costs established periodically and revised by
the New Jersey Arborists, Chapter International Society of Arboriculture.
[Ord. No. 873 § 7]
Any person aggrieved by the provisions of the section shall
have the right, within ten (10) days from the written decision of
the Department of Public Works, to appeal to the Peapack and Gladstone
Borough Council, who shall review the decision of the Department of
Public Works. Unless the decision is revoked or modified, it shall
remain in full force and effect.
