[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerville during codification; see Ch. 1, General Provisions,
Art. II. Amendments noted where applicable.]
As used in this chapter, the following shall have the meanings
indicated:
PLANT CONSTRUCTION
As applied to public utility companies, means poles, wires,
cables, surface conduits, pipes, manholes and appurtenant facilities
of such companies installed in a street.
PUBLIC UTILITY COMPANY
A public utility as defined in the Revised Statutes of the
State of New Jersey (N.J.R.S. 48:2-13).
STREET
A.
Any street designated by the governing body to be within the
jurisdiction of the Borough of Somerville.
B.
Municipal parks and parkways.
No person or corporation shall cut, break, climb, injure or
remove any tree in a public highway of the Borough of Somerville,
or any plant, shrub or tree in any park of the Borough of Somerville,
without a written permit from the Borough Engineer.
No person or corporation shall place any rope, wire, sign, poster
or other fixture on a tree or a tree guard in a public highway, or
injure, misuse or remove, or cause or procure any person to injure,
misuse or remove, any device placed to protect any tree or plant in
any street or any park of said borough, without a written permit from
the Borough Engineer.
No person shall enter upon any portion of the lawn or grounds
within a public park when notified by a sign placed in such park or
by a guardian of such park or by a police officer not to enter upon
such lawn or grounds.
No person shall leave or deposit any paper or other waste material
in any public park, except in such receptacles as may be provided
therein for that purpose.
No person shall offer any article for sale, display any advertising
device or distribute any circulars or cards in a public park.
No person shall fasten a horse or other animal to a tree in
a public highway or in any public park, or cause a horse or other
animal to stand so that said horse or animal can injure any tree,
shrub or plant.
No shade or ornamental tree or shrub shall be planted in any
of the public highways until such tree or shrub shall have first been
approved and the place where it is to be planted shall have been designated,
by the Borough Engineer and a permit granted therefor.
No person or corporation shall, without a written permit from
the Borough Engineer, place or maintain, or cause to be placed or
maintained, upon the ground in a public highway, any stone, cement
or other sidewalk or any stone, cement or other substance which shall
impede the free access of water and air to the roots of any tree in
such highway. Unless otherwise provided for in such permit, there
must be maintained about the base of the trunk of such tree in the
street at least four (4) square feet of open ground for a tree of
three (3) inches or less in diameter, and for every three (3) inches
of increase in such diameter there must be an increase of at least
one (1) square foot of open ground.
Throughout the period of the erection or repairing of any building
or structure, or in the improvement or repairing of any highway, the
owner thereof or the contractor shall place such guards around all
nearby trees on the public highway as shall effectually prevent injury
to such trees.
No person or corporation shall string any wire or wires through
any public park without a written permit from the Recreation Commission.
Any person or corporation having any wire or wires running through
a public park or highway shall securely fasten such wire or wires
so that they shall not come in contact with any part of any tree therein.
When necessary to prune or take down any tree located in a public
park or highway, any person or corporation having a wire or wires
running through any public park or highway shall temporarily remove
such wire or wires within twenty-four (24) hours after the service
upon the owner of said wire or wires or upon his agent of a written
notice signed by the Borough Engineer.
No person shall do any of the following acts to any tree on
a street without the prior permit of the Borough Engineer:
A. Cut, disturb or interfere in any way with any root.
C. Remove or damage any guard or device placed to protect any tree or
shrub.
D. Conduct razing, removal or renovation of any structure if deemed
by the Engineer to be damaging to neighboring street trees.
E. Place or distribute chemicals, including, but not limited to salt
deleterious to tree health.
F. Maintain a stationary fire or device which vaporizes noxious fumes
deleterious to tree health.
G. Remove soil, either for trenching or otherwise.
H. Construct new sidewalks and/or driveways with any material whatsoever
within five (5) feet of a tree.
A. The Borough Engineering Department may grant to public utility companies
a blanket permit for tree pruning for line clearance and for the installation
and the maintenance of subsurface and aboveground plant construction
if there is interference with or endangerment to street trees.
B. Public utility companies may, during periods of emergency, without
specific prior permit install temporary attachments to trees and make
emergency subsurface repairs.
C. Each public utility company shall exercise reasonable diligence in
the maintenance of its plant construction so as to avoid damage to
trees.
Any person found guilty of violating any of the provisions of
this chapter shall, upon conviction by a Judge officiating within
the Borough of Somerville, be fined a sum not exceeding five hundred
dollars ($500) or imprisoned for a term not to exceed ninety (90)
days, or both, for each offense. Each day any violation of this chapter
shall continue shall constitute a separate offense.