Editor's Note: Prior ordinance history includes portions
of 1973 Code §§ 109-1, 109-2, 109-8—109-16, 109-19—109-21.
[Ord. #9-96, § 1; Ord. #05-04, § 1]
Shall mean the Supervising Foreman or Head Foreman of the
Department of Public Works or his designee.
Shall mean any park, property or recreation area owned or
maintained by the Borough of Midland Park.
Shall mean any individual, firm, partnership, corporation
or other entity.
Shall mean any road, avenue, street, public highway or public
right-of-way dedicated to the public use regardless of whether same
has been formally accepted by the Borough. The area measured five
(5') feet to the center of the tree, in from the established
curb line, or edge of road pavement in the event there is no curb,
shall be considered within a street for the purpose of this chapter.
Shall mean any tree, shrub or plant or any root, branch,
flower or other part thereof that is located in or upon any street
or park.
[Ord. #9-96, § 2]
No person shall do or cause to be done any of the following
acts upon any of the public streets and parks within the Borough of
Midland Park without a written permit of the Foreman of the Department
of Public Works.
a.
Cut, prune, break, injure, remove or disturb any tree.
b.
Plant any tree.
c.
Spray with any chemical any tree or within the vicinity of a tree
that may cause injury or death to such tree.
d.
Fasten any rope, wire, electric attachment, sign or other device
to a tree or to any guard about such tree.
e.
Close or obstruct any open space provided above the base of a tree
to permit the access of air, water or fertilizer to the roots of such
tree.
f.
Pile any building material or make cement or mortar within six (6')
feet of a tree, excluding the construction or repair of sidewalks.
g.
Place any stone, cement, or sidewalk material which shall impede
the free access of air and water to the roots of such tree.
[Ord. #9-96, § 3]
It shall be unlawful for any person to cause, authorize or procure
any brine, water, oil, liquid, dye, gas or other substance deleterious
to tree life to pour, leak, flow, or be maintained on or in the soil
about the base of a tree.
[Ord. #9-96, § 4]
a.
Any person involved in the construction, alteration or repair of
any structure or building shall place guards around all nearby trees
as will effectively prevent injury to any such trees.
b.
Any excavation within four (4') feet of a tree shall require
the issuance of a permit from the Foreman.
c.
No person shall use or operate any equipment, implement or tool in
such a manner as to damage or destroy any tree.
[Ord. #9-96, § 5]
a.
Any person having control of any wire for the transmission of electric
current along a public street shall at all times guard all trees through
which or near which such wire passes against any injury.
b.
Any person having or maintaining any electric telephone, telegraph,
cable television, public utility or other wires within a street shall
securely fasten and maintain such wires in such a manner as will safeguard
all trees against any damage and shall, when necessary, adjust the
location of such wires to prevent the damage to such trees.
c.
No person shall attach or fasten any wire, insulator or device for
holding a wire to any tree unless a permit shall be issued therefor.
d.
Any public utility or its agents shall require a written permit from
the Foreman prior to pruning or removing trees for line clearance
of utility wires in non-emergency situations pursuant to a line clearance
program. In connection with any emergency tree work necessary to restore
utility service or to prevent interruption of utility service, the
utility shall be required to notify the Foreman of such emergency
work within one (1) day of the commencement of such work.
[Ord. #9-96, § 6]
Any person convicted of violating any of the provisions of this
chapter shall be subject to a fine not to exceed one thousand ($1,000.00)
dollars for each such violation. Each day that a violation occurs
shall constitute a separate offense.
[Ord. #9-96, § 7]
In addition to the penalty described by subsection 18-1.6, the Borough may require a person who removes or otherwise destroys a tree in violation of the provisions of this chapter to pay a replacement assessment to the Borough. A replacement assessment shall be the value of the tree as determined by the appraisal of a person trained in forestry or a certified tree expert retained by the Borough for such purposes. In addition, the person shall be required to pay the cost of such expert referable to the determination of the value of the damage of the destroyed tree.
[Ord. #5-99, § 1]
There is hereby established a Shade Tree Advisory Committee
consisting of five (5) members, one (1) of whom shall be designated
as Chairperson. All members of the Shade Tree Advisory Committee shall
be appointed by the Mayor, with the advice and consent of the Borough
Council.
[Ord. #5-99, § 1]
The terms of two (2) members of the Shade Tree Advisory Committee
shall terminate at the end of the first year of their appointment.
The terms of the remaining three (3) members of the Committee shall
terminate at the end of the second year of their appointment. Thereafter,
the appointment of each member shall be for a term of two (2) years.
[Ord. #5-99, § 1]
a.
It shall be the function of the Shade Tree Advisory Committee to
advise the Mayor and Borough Council and the Foreman of the Department
of Public Works as to future plans relating to the planting, pruning,
removal and care of trees and shrubs within the Borough located upon
public rights-of-way, public parks, school grounds and other public
places and to assist in the resolution of issues relating to these
matters.
b.
The Foreman of the Department of Public Works, prior to the planting
of all trees, as required by the provisions of this chapter, shall
refer the matter to the Shade Tree Advisory Committee for its concurrence
as to tree selection and recommended spacing. In this regard, consideration
shall be given to the various species of trees held to be harmonious
with existing trees and the character of the area where the trees
are to be planted. The Shade Tree Advisory Committee shall use as
its principal guide for tree selection and spacing the publication
by the New Jersey Shade Tree Commissioners entitled "Trees for New
Jersey Streets", as the same shall be amended or supplemented from
time to time.
c.
It shall be the function of the Shade Tree Advisory Committee to
develop the Midland Park Community Forestry Management Plan as set
forth in P.L. 1996 c. 135 and to update such Plan when necessary.
Where it is deemed advisable by the Shade Tree Advisory Committee,
there shall be planted upon public rights-of-way shade trees having
a caliper of not less than one and one-half (1 1/2") inches and
spaced as specified under the guidelines established under the publication
"Trees for New Jersey Streets", published by the New Jersey Shade
Tree Commissioners. The trees shall be planted on the right-of-way
or street line so as not to interfere with the utilities or sidewalks.
As used herein and hereinafter, the term caliper shall mean that diameter
as measured six (6") inches above the natural guide.
Where trees have been improperly spaced in the original planting,
no tree need be replanted to replace such tree at the option of the
Foreman of the Department of Public Works, with the advice and consent
of the Shade Tree Advisory Committee. The Foreman of the Department
of Public Works, with the advice and consent of the Shade Tree Advisory
Committee, shall have the further option to waive tree planting recommendations
set forth in "Trees for New Jersey Streets" in instances where existing
plantings are deemed sufficient to provide adequate shade cover on
the public highway or rights-of-way involved.
[Ord. #5-99, § 2]
Prior to the issuance of any building permit by the Building
Inspector of the Borough for the construction of all new buildings
or developments, every such applicant shall be required to deposit
the sum as established by ordinance for each tree required to be planted
in accordance with the requirements of this section. Nothing in this
section however shall be construed to require the planting of trees
where it is determined by the Foreman of the Department of Public
Works, with the advice and consent of the Shade Tree Advisory Committee,
that trees complying with the minimum requirements as hereinbefore
set forth already exist upon the site.
The owner of any tree growing on private property which shall
be deemed to constitute a danger to public health or to public property
by the Foreman of the Department of Public Works, with the advice
and consent of the Shade Tree Advisory Committee, shall, upon ten
(10) days written notice directed to such owner at the owner's
last known mailing address, cause such tree to be removed or properly
pruned or cut back as directed by the Foreman of the Department of
Public Works.
[Ord. #5-99, § 3]
If the owner of such tree shall fail to comply with the notice
of the Foreman of the Department of Public Works to effect the removal
or pruning of the tree, the Department of Public Works shall be authorized
to effect the removal or pruning of such tree. The cost for such removal
or pruning shall be charged against the property involved and shall
be collected by the Borough in the same manner as taxes assessed against
the property. This provision shall be in addition to all other penalties
herein set forth for the violation of the provisions of this chapter.
[Ord. #5-99, § 4]
Any person violating any provision of Sections 18-2 through 18-4 shall, upon conviction, be punishable by any combination of the following: a fine not exceeding one thousand ($1,000.00) dollars, imprisonment for a term not exceeding ninety (90) days, or a period of community service not exceeding ninety (90) days.
