The Shade Tree Commission, as created under §
3-84 of this Code, shall serve without compensation and have the following powers:
A. To exercise full and exclusive control over the regulation, planting
and care of shade and ornamental trees and shrubbery now located or
which may hereafter be planted in any public highway, park or parkway
of the Township or public right-of-way, exclusive of state or county
highways, unless the proper authority gives assent thereto.
B. To regulate and control the use of the ground surrounding same as
far as may be necessary for their proper growth, care and protection.
C. To move or require the removal of any tree or part thereof dangerous
to public safety.
D. To care for and control parks and parkways and to encourage arboriculture.
E. To administer treatment to or remove any tree situate upon private
property which is believed to harbor a disease or insects readily
communicable to neighboring healthy trees in the care of the municipality
and enter upon private property for that purpose, with the consent
of the owner thereof, provided that the suspected condition is first
confirmed by a certificate issued by or on behalf of the Department
of Agriculture.
F. To receive an oral report from the Township's Licensed Tree
Expert with regard to street trees proposed in the landscape plans
associated with the development applications before the Planning Board
or Zoning Board of Adjustment, and to provide comments and/or recommendations
through the Licensed Tree Expert to such Board on an advisory basis.
No person shall do or cause to be done any of the following
acts affecting the trees, plants, shrubbery or other ornamental flora
planted or growing naturally within the highway or public places under
the jurisdiction of the Township, unless permission is first obtained
from the Shade Tree Commission.
A. Cut, trim, break, disturb the roots of or spray with chemicals any
living tree or shrub; or injure, misuse or remove any structure or
device to support or protect any tree or shrub.
B. Plant or remove any living tree or shrub, or climb with spikes any
living tree or shrub on Township land.
C. Fasten any rope, wire, electric attachments, sign or other device
to a tree or shrub, or to any guard about such tree or shrub.
D. Close or obstruct any open space provided about the base of a tree
or shrub or add fertilizer to the roots of such tree or shrub.
E. Pile any building material, or make any mortar or cement within six
feet of a tree or shrub.
F. Change the grade of the soil within the limits of the lateral spread
of the branches of any such tree.
G. Place or maintain or cause to be placed or maintained upon the ground
on any street, or place any stone, cement or other substance, which
shall impede the tree access of air and water to the roots of any
tree or shrub in any street or place.
H. 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 highway
shade tree.
I. Place salt, brine, oil, gas, sewage water or other substances injurious
to plant growth in any public highway or place in such a manner as
to injure any tree or shrub growing thereon.
J. Build any fire or station any tar kettle, road roller or other engine
in any public highway in such a manner that the heat vapors or fumes
therefrom may injure any tree or shrub.
K. Do any excavating within six feet of any tree or shrub in any public
highway or place.
L. Cut roots when necessary of more than one inch in diameter without
first protecting such roots.
The provisions of this chapter shall be administered and enforced
by the Shade Tree Commission through the Township Conservation Officer.
Upon ascertaining a violation of this chapter, the Conservation Officer
shall refer charges to municipal court. If any person shall continue
to violate any of the provisions of this chapter after being duly
notified of such violation, or shall neglect or refuse to comply with
any lawful order of the Conservation Officer, the failure to comply
with a second or each of any subsequent notifications or orders shall
be construed as an additional violation of this chapter, and each
additional offense shall subject the offending party upon conviction
to the same penalty as provided for the first offense.
Any person, firm, partnership, association or other legal entity
violating or causing to be violated any of the provisions of this
chapter shall be subject to a fine of not less than $250 and not more
than $2,000 and shall replace each tree destroyed or removed in violation
of this chapter with nursery grown tree(s) of the same species having
a caliper of not less than two inches. Each tree destroyed or removed
in violation of this chapter shall be considered a separate offense.