[Amended 5-5-2022 by Ord.
No. 2683]
[1980 Code § 204-1; amended 5-5-2022 by Ord. No. 2683]
It shall be unlawful for any person, including the owner of
any trees, to cut down, dig up, cut the roots of, injure or damage
any saplings or shade trees in, on or along any of the streets, highways
or parks of this Borough. Any issue, concern, or request for maintenance
or trimming related to any trees located along streets shall be reported
by the property owner in writing to the Borough. Said report shall
provide a detailed explanation of the issue, concern and/or request.
The request shall be directed to the attention of the Superintendent
of Public Works for investigation and prioritization.
[1980 Code § 204-2; Ord. No. 1140; Ord. No. 1356; New]
Any person violating the provisions of this section or any person by whose order, direction or authority or under whose supervision any such saplings or trees shall be injured or damaged, as stated in this section shall, upon complaint of any resident of the Borough to the Judge of the Municipal Court and, upon conviction, shall be liable to the penalty stated in Chapter 1, Section 1-5.
[1980 Code § 204-3; amended 5-5-2022 by Ord. No. 2683]
a.
Nothing contained in this section shall deprive the Borough Administrator,
Engineer, Superintendent of Public Works, Construction Code Official,
or the Department of Code Enforcement, more broadly, to direct the
cutting down or removal in whole or in part of any tree or trees in
this Borough whenever necessary to prevent any property damage, accident
or injury; nor shall this section operate to prevent or render unlawful
the cutting of any root or roots of any tree for the purpose of laying
or maintaining sidewalks, curb, driveway(s), or utility service(s)
under any special ordinances; nor shall this section render unlawful
and punishable the cutting of such trees or roots when lawful or necessary
so to do under or as provided by any existing ordinance of this Borough.
b.
The Borough of Roselle Park is responsible for cutting down, removal of any portions and trimming of any trees along streets under the jurisdiction of the municipality. The property owner shall report any issue, concern or request to the Borough's attention in writing, pursuant Subsection 26-1.1, inclusive of any sanitary sewer lateral issue or concern.
[Added 5-5-2022 by Ord.
No. 2683]
a.
Failure by the owner(s) or tenant(s) to coordinate the cutting or removal of the tree(s), branches, roots or portion thereof along the street, with the Borough, as required in writing, pursuant to Subsection 26-1.1, forfeits any and all rights, privileges and claims regarding any and all matters related to or in proximity of the tree, including any and all persons, pets, vehicles, buildings, property, utility services, areas, items, etc., that it had or may have impacted.
b.
In the event that the Superintendent of Public Works, Construction
Code Official or Code Enforcement officials finds that a tree, trees
or portion thereof is an imminent threat or hazard to the public or
to any property, the Superintendent of Public Works, Construction
Code Official or Code Enforcement Official may proceed with having
said threat or hazard removed immediately and/or removed by another
party.
c.
Maintenance of trees, brush, hedges and other plant life shall be in full compliance with Chapter 19 of the foregoing Municipal Code. Any trees, brush, hedges, plant life or portions thereof that have a negative impact on sidewalk, curb, driveways and/or utilities shall be the sole responsibility of the property owner, whether it be within the limits of the property or along any of the frontage(s) of said property. Refer to Section 19-2 for further details regarding property owner responsibilities and code enforcement matters.
