Borough of Haworth, NJ
Bergen County
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Table of Contents
Table of Contents
Editor's Note: The power to regulate streets is set forth in N.J.S.A. 40:67-1. The incidental power to perform work where a landowner has refused to do so and to recover the cost thereof is contained in N.J.S.A. 40:67-9.
[1]
Editor's Note: See Chapter 13, Property Maintenance, Section 13-2 for regulations requiring removal of snow and ice from sidewalks.
[1984 Code § 14-1.1; Ord. No. 706 § VI]
No street curb or sidewalk openings shall be made without first obtaining a permit from the Borough Clerk, a copy of which shall be sent to the Superintendent of the Department of Public Works. There shall be a fee of $25 charged for each permit. In addition to the permit fee there shall be deposited $200, the purpose of which shall be to ensure the restoration of the street, highway or sidewalk to its condition prior to the opening. When necessary to break through a curb, a deposit in an amount sufficient to guarantee restoration of the curbing to its original condition shall be made with a minimum of $100.
[1984 Code § 14-1.2]
Upon the completion of the work involved in an opening, the permittee shall notify the Superintendent of Public Works or his designee. Upon the Superintendent's certification on a copy of the permit that proper restoration of the street, highway, curb or sidewalk has been made, the deposit shall be returned to the permittee by the Borough Clerk, after approval by the Borough Council.
[1984 Code § 14-1.3]
In the event the permittee fails to effect restoration adequately and satisfactorily and within a reasonable time after the opening, the Department of Public Works may, upon five days notice to the permittee, undertake the work of restoration and have recourse to the deposit to meet the cost.
[1984 Code § 14-1.4]
The provisions of this section shall not apply to the openings or excavations made by a public utility, subject to regulation by the Board of Public Utility Commissioners and having the right to lay, construct, install, maintain and operate its works or facilities in any public road or street in the Borough, which openings or excavations are to be made for the purposes of laying, relaying, constructing, reconstructing, installing, maintaining, opening or repairing any such works or facilities.
[1984 Code § 14-2.1]
No street which may be dedicated to public use shall be constructed, paved or improved by private owners or developers unless a permit has been previously obtained from the Borough Council authorizing construction, paving or improvement.
[1984 Code § 14-2.2]
Before any street is constructed, paved or improved, the owner or developer shall make written application for a permit, specifying the nature and location of the construction, paving or improving which is to be made. The applicant shall furnish the Borough Council with a letter or other satisfactory evidence showing that the location of the street to be improved has been approved by the Planning Board, the three copies of a profile map showing the grade of the street, the proposed location of service connections, storm drains, manholes and catch basins.
[1984 Code § 14-2.3]
All streets shall be at least 50 feet in width and shall consist of a center portion to be known as a roadway having a width of at least 30 feet, with two strips in either side thereof to be known as the sidewalk area.
[1984 Code § 14-2.4]
The owner or developer may at his motion, after having received the permit required, improve the roadway of any street, by the construction of a bituminous penetration macadam pavement, or equal, which shall conform to specifications approved by the Borough Council and filed in the Office of the Borough Clerk by the Borough Engineer.
[1984 Code § 14-2.5]
Each street shall be graded to its full width. The Borough Engineer may require the owner or developer to make such changes in grades as in his opinion are required so that the proposed improvement conforms to the grades of intersecting streets, roads or avenues, or conforms to the general master plan for streets throughout the Borough unless otherwise provided by the Planning Board.
A roadway shall be paved for a minimum width of 30 feet.
Any requirement of this subsection may be appealed to the Council.
Before paving any roadway, all water, gas and sewer mains, storm drains and other utilities shall be laid and connections for the same shall be constructed for each lot prior to the paving of the roadway.
[1984 Code § 14-2.6]
At street intersections, at least one monument of blue stone, granite or precast concrete shall be placed at one of the four corners. When filed and approved maps have shown monuments, the street shall not be accepted without installation of monuments.
[1984 Code § 14-2.7]
Norway maple, oriental plane or other types of shade trees as designated by the Shade Tree Commission, of at least two and one-half (2 1/2) inch caliber, shall be planted at intervals of a minimum of 40 feet. The maximum intervals of planting to avoid obstacles and to obtain uniform spaces shall be in accordance with the requirements of the Shade Tree Commission. All such shade trees shall be obtained from an accredited nursery with a guarantee regarding replacement if the trees die within one year.
[1984 Code § 14-2.8]
All construction work shall be subject to the inspection of the Borough Engineer. The owner or developer shall be required to pay to the Borough such amounts as the Borough may expend for inspection fees at the prevailing rates per diem, and shall deposit with the Borough the estimated amount of inspection fees. Any and all materials found to be unsatisfactory or showing faults when tested in a reputable engineering laboratory designated by the Borough Council shall be removed and not used in the construction.
[1984 Code § 14-3.1; Ord. No. 721 § 1]
It shall be the duty of all owners of property abutting upon streets, avenues or highways of the Borough where sidewalks and curbs have been constructed, to maintain the sidewalks, curbs and gutters in front of their premises in a safe, passable and serviceable condition and free from obstruction of grass, weeds, sediments or other material, and to keep gutters open and unobstructed. It shall also be the duty of said property owners to repair, construct, alter, or relay, but not to reconstruct, as to keep sidewalks, curbs and gutters free of cracks and crevices and on an even grade.
[1984 Code § 14-3.2; Ord. No. 721 § 2]
Where any property owner shall fail or neglect to maintain, construct, repair, alter or relay the sidewalks, curbs and gutters in front of or abutting his property in a safe passable condition and serviceable condition, the Governing Body may pass a resolution causing a notice to be served in writing upon the owners or occupants of the land requiring the specified maintenance or repairs to be done within a period of not less than 30 days from the date of service of said notice. The notice shall be served in person upon the owners or occupants by leaving the same at his usual place of residence with a member of the family over the age of 14 years; whenever any lands are unoccupied and the owners cannot be found within the municipality, notice may be mailed, postage prepaid to his or her post office address, if the same can be ascertained. In case such owner is a nonresident and his or her address cannot be ascertained, then notice may be inserted for four weeks, once a week in a newspaper circulating in the municipality and shall also be posted upon the affected premises.
[1984 Code § 14-3.3; Ord. No. 721 § 3]
a. 
If the owner refuses or neglects to comply with the notice within 30 days after service or publication, the Superintendent of Public Works is authorized and empowered to effect such repairs and improvements as will eliminate the objectionable condition. When any such work shall be done, a true and accurate account of the cost shall be kept and distributed among the properties abutting upon the sidewalks, curbs and gutters in due proportion to the amount of material and labor expended upon each parcel of property involved, and a true statement and report of the cost under oath or affirmation shall be filed forthwith by the Superintendent of Public Works with the Borough Clerk and Tax Assessor. The Superintendent of Public Works shall also file with the Borough Clerk proof of service or publication of the notice of demand.
b. 
Upon the filing of a statement or report by the Superintendent of Public Works, the Borough Council shall cause notice to be given to the owner of all properties affected, designating the time and place when the report and statement will be considered and confirmed by the Borough Council shall afford an opportunity for all parties in interest to be heard. After the hearing, the Council may make such changes or amendments as appear to be just and proper. The Council may thereafter confirm the report with or without amendments and it shall then be transmitted to the Collector of Taxes.
[1984 Code § 14-3.4; Ord. No. 721 § 4]
Upon receipt of the report from the Borough Council, the Tax Collector shall enter upon his books and records the proper charges against the respective properties affected, levying assessments thereon in the proper amounts in the same manner provided by law for the levying of assessments for street improvements. The Tax Collector shall have the power to enforce collection of the assessments in the same manner provided by law for the enforcement of payments of taxes and assessments. The assessments shall bear interest at the same rate per annum as taxes accruing within one month from the date of confirmation by the Borough Council.
[1984 Code § 14-4.1; Ord. No. 706 § VII]
No private driveway entering a public street shall be constructed in the Borough until a permit has first been obtained from the Borough Clerk and countersigned by the Superintendent of Public Works. A fee of $25 shall be paid upon the issuance of a permit.
[1984 Code § 14-4.2]
No permit shall be issued except upon compliance with the following specifications:
a. 
No black top, macadam or asphalt pavement shall be laid over existing hard surface sidewalks.
b. 
All driveways shall be at the same grade or level as existing sidewalks and highways where they intersect the sidewalks and highways and shall be constructed in such manner so as not to obstruct or block existing surface drainage.
c. 
Where the construction of any private driveway involves the breaking of existing curbing, the break in the curbing shall be restored at the borders of the driveway.
d. 
No private driveway shall be installed or constructed which shall involve the destruction or removal of any shade tree unless and until written consent is obtained from the Shade Tree Commission.
[1984 Code § 14-4.3; Ord. No. 706 § VIII]
Upon the issuance of a permit for construction of a private driveway the property owner obtaining the permit shall deposit $100 which shall be held by the Borough Clerk to insure compliance by the owner with all the terms and requirements of this section.
[1984 Code § 14-4.4]
Upon the completion of the construction of a private driveway, it shall be inspected by the Superintendent of Public Works. Upon his certification that the work has been completed in compliance with the terms of this section, the deposit shall be returned to the property owner.
[1984 Code § 14-4.5; Ord. No. 706 § IX]
In the event that the property owner fails to complete the construction of the private driveway in strict compliance with the terms of this section, the Superintendent of Public Works may, after 10 days notice to the property owner, cause such work to be done upon the property to either restore the property to its original condition or effect compliance with the terms hereof and charge the cost of the work against the deposit of $100.
[1984 Code § 14-5.1]
A system of building and house numbering and street addresses is established in the Borough. All house numbers shall be assigned by the Chief of Police.
[1984 Code § 14-5.2]
a. 
On all streets and highways running north and south, the numbering shall commence at the southerly boundary line of the Borough and all buildings on the east side of the streets and highways shall be assigned odd numbers, and all buildings on the west side of the streets and highways shall be assigned even numbers.
b. 
On all streets and highways running east and west, the numbering shall commence at the easterly boundary line of the Borough and all buildings on the north side of the streets shall be assigned odd numbers, and all buildings on the south side of the streets and highways shall be assigned even numbers.
c. 
All house numbers shall be installed so as to be clearly visible from the street.
[Ord. No. 750 Preamble]
It has come to the attention of the Borough Council that certain newspaper distributors have been placing newspaper vending machines, also known as "honor boxes" on public sidewalks within the Borough. The Mayor and Council are concerned with the potentially dangerous condition created by the placement of these "honor boxes" on public sidewalks. The Mayor and Council are also concerned with the visual clutter accompanying the presence of these "honor boxes."
[Ord. No. 750 § 1]
As used in this section:
NEWS RACK OR HONOR BOX
Shall mean any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers only.
NEWSPAPER
Shall mean any newspaper of general circulation as defined by general law, any newspaper duly entered with the Post Office Department of the United States in accordance with Federal Statute or regulation, or any newspaper filed or recorded with any recording officer as provided by general law.
ROADWAY
Shall mean that portion of a street improved, designated or ordinarily used for vehicular travel.
SIDEWALK
Shall mean a paved, surfaced or leveled area paralleling and usually separated from the street, used as a pedestrian walkway.
STREET
Shall mean all that area dedicated to public use for public street purposes and shall include, but not be limited to roadways, parkways, alleys and sidewalks. "Street" shall also mean a public right-of-way.
[Ord. No. 750 § 2]
Any "honor box" which in whole or in part rests upon or over any roadway, street or sidewalk shall comply with the following standards:
a. 
No "honor box" shall exceed 48 inches in height, 24 inches in width or 20 inches in thickness.
b. 
No "honor box" shall be used for commercial advertising signs or publicity purposes other than that dealing with the display, sale or purchase of the newspaper sold therein.
c. 
Each "honor box" shall be equipped with a coin return mechanism to permit a person using the machine to secure an immediate refund in the event that he is unable to receive a publication paid for. The coin return mechanism shall be maintained in good working order.
d. 
Each "honor box" shall have affixed to it at a readily visible place so as to be seen by anyone using the "honor box" a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to call to report a malfunction or to secure a refund in the event of a malfunction of the coin return mechanism; or to give the notices provided for in this section.
e. 
Each "honor box" shall be maintained in a neat and clean condition and in good repair at all times. Specifically, but without limiting the generality of the foregoing, each "honor box" shall be served and maintained so that:
1. 
It is reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof.
2. 
It is reasonably free of rust and corrosion, in the visible, unpainted metal areas thereon.
3. 
The clear plastic or glass parts thereof, if any, through which the publication therein are viewed, are unbroken and reasonably free of cracks, dents, blemishes and discolorations.
4. 
The paper or cardboard parts of inserts thereof, if any, are reasonably free of tears, peeling or fading.
5. 
The structural parts thereof are not broken or unduly misshapen.
[Ord. No. 750 § 3]
Any "honor box" that rests in whole or in part upon, or on any portion of a public roadway, street or sidewalk or which projects onto, into or over any part of a public roadway, street or sidewalk shall be located in accordance with the provisions of this section:
a. 
No "honor box" shall be used or maintained which projects onto, into or over any part of the roadway of any public street, or which rests, wholly or in part upon, along or over any portion of the roadway of any public street.
b. 
No "honor box" shall be permitted to rest upon, in or over any public sidewalk when such installation, use or maintenance:
1. 
Endangers the safety of persons or property; or
2. 
Unreasonably interferes with or impedes the flow of pedestrians or vehicular traffic, including any legally parked or stopped vehicle; or
3. 
Unreasonably interferes with the ingress or egress from any residence or place of business;
4. 
Unreasonably interferes with the use of traffic signs or signals, hydrants or mailboxes permitted at or near said location.
c. 
"Honor boxes" shall be chained, bolted or otherwise secured so as to prevent their being blown down or around the public street or roadway and shall not be secured by the use of a traffic sign or signal, mailbox, fire hydrant, fire call box, police call box or other emergency facility, or permanent garbage container.
d. 
News "honor boxes" may be placed next to each other, provided that no group of "honor boxes" shall extend for a distance of more than four feet along the curb and provided further that no "honor box" or group of "honor boxes" shall be within 500 feet from the nearest "honor box" or group of "honor boxes."
e. 
No "honor box" shall be placed, installed, used or maintained:
1. 
Within three feet of any marked crosswalk;
2. 
Within 12 feet of a curb return of any unmarked crosswalk;
3. 
Within five feet of any fire hydrant, fire call box, police call box or other emergency facility;
4. 
Within five feet of any driveway;
5. 
At any location whereby the clear space for the passage way of pedestrians is thereby reduced to less than 30 inches.
6. 
Within three feet of or on any public area improved with lawn, flowers, shrubs, trees or other landscaping;
7. 
Within 200 feet of any church, park, playground or school. The 200 feet shall be measured in a normal way that a pedestrian would properly walk from the nearest entrance of said church, park, playground or school to the location of the "honor box."
[Ord. No. 750 § 4]
Any person or persons, firm, partnership, association or corporation or employee thereof who shall violate any of the provisions this section, shall, upon conviction thereof, be subject to the penalty stated in Chapter 1, Section 1-5.
[Ord. No. 750 § 5]
This section shall be enforced by the Police Department of the Borough of Haworth.
Prior ordinance history includes portions of 1984 Code §§ 15-2.1 — 15-2.6.
[1]
Editor's Note: See also ordinances of the Shade Tree Commission printed in the Appendix of the Code.
[Ord. No. 947 § 1]
The purpose of this section is to preserve and protect Borough trees and plantings by controlling, regulating and prohibiting certain activities on and along streets, roadways, rights-of-way, parks, recreation areas and other public property which may adversely impact upon those trees and plantings.
[Ord. No. 947 § 1]
As used in this section, the following terms shall have the meanings indicated:
COMMISSION
Shall mean the Haworth Shade Tree Commission which has been established in the Borough of Haworth pursuant to the authority of N.J.S.A. 40:64-1 et seq.
DEVELOPER
Shall mean any person who, directly or through an agent, employee or independent contractor, intends to engage in development of any land within the Borough of Haworth.
DEVELOPMENT
Shall mean the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building, structure or improvement on an individual property, and any other activity for which a soil permit is required pursuant to Chapter 24 of the Haworth Borough Code. Development shall also be deemed to include redevelopment.
PARK TREE
Shall mean a tree, shrub, bush and all other woody vegetation in public parks and recreation areas within the Borough of Haworth and all other property owned by the Borough.
PERMITTING AUTHORITY
Shall mean any municipal board, agency, department or official which has the authority to issue an approval or permit to allow construction on land within the Borough of Haworth.
PERSON
Shall mean any person, firm, association, corporation, limited liability company, partnership or similar entity or any combination thereof. This term may be construed to designate the plural as well as the singular.
PUBLIC UTILITY
Shall mean a regulated public utility as defined in the Revised Statutes of the State of New Jersey (N.J.S.A. 48:2-13).
REPLACEMENT TREE
Shall mean a tree to be planted as a replacement for the removal of an existing tree. The Commission shall develop and maintain a list of desirable replacement trees, in accordance with the guidelines set forth in this section.
SHADE TREE
Shall mean a tree planted along a public road within or adjoining the municipal right-of-way. The Commission shall develop and maintain a list of desirable shade trees, in accordance with the guidelines set forth in this section.
STREET
Shall mean any road, avenue, street or highway dedicated to the public use for street purposes, regardless of whether it has been formally accepted by the Borough of Haworth. A street shall be deemed to include all portions lying between the dedicated or established public right-of-way lines and/or planting easement thereof, said lines being identical with the front property lines of lands abutting the street.
TREE
Shall mean any tree, shrub or plant or any root, branch, flower or other part thereof, located in or upon any street, park, recreation area or other Borough property and shall include park trees and shade trees. A tree shall be designated as: (a) a small tree, which is a type of tree with a mature height under 25 feet; (b) a medium tree, which is a type of tree with a mature height between 25 feet and 45 feet; and (c) a large tree, which is a type of tree with a mature height of 45 feet or more.
[Ord. No. 947 § 1]
No person shall do or cause to be done by others, either purposely, carelessly or negligently, any of the following acts upon any public streets, parks, recreation areas or other Borough property:
a. 
Cut, break, climb with spikes, destroy, remove or substantially injure any tree, or injure, misuse or remove any structure or device placed to support the tree.
b. 
Place or maintain upon the ground any salt or other substance which is injurious to tree growth or which would impede the free access of air, water or fertilizer to the roots of any tree.
c. 
Apply any chemical or other injurious substance to any part of a tree, including roots, in such a manner as to injure or destroy the tree.
d. 
Build fires or station any tar kettle, compaction roller, fuel dispensing truck or other engine or device in any street or other public place in such a manner that the heat, vapors, fuel or fumes may injure a tree.
e. 
Pile any building material or make any mortar or cement within six feet of a tree. Portable sanitary facilities, such as Port-O-Sans, shall be kept a minimum of six feet from a tree.
[Ord. No. 947 § 1]
No person shall do or cause to be done any of the following acts upon any public streets, parks, recreation areas or other Borough property, without the written approval of the Commission:
a. 
Plant or trim any tree.
b. 
Fasten any rope, wire, electric attachment, sign or other device to a tree, or any structure or device placed to support or protect the tree.
c. 
Do any excavating within four feet of a shade tree.
[Ord. No. 947 § 1]
The following requirements shall apply to all shade trees within the Borough:
a. 
All new and replacement shade trees planted within the Borough shall be in good health and shall be planted in accordance with specifications developed by the New Jersey Forest Service, and shall conform to the standards set forth by the American Association of Nurserymen. All shade trees shall be no less than a caliper of two and one-half (2 1/2) inches. A shade tree which dies within two years of planting shall be replaced by the person planting the shade tree.
b. 
Except where an obstruction such as a driveway or fire hydrant exists, new or replacement shade trees shall be spaced as follows: (i) small shade trees shall be spaced no further than 30 feet apart; (ii) medium shade trees shall be spaced no further than 40 feet apart; and (iii) large shade trees shall be spaced no further than 50 feet apart. New shade trees shall be placed no closer than 10 feet from a fire hydrant, and no closer than 30 feet from a street corner.
c. 
The distance that new or replacement shade trees are to be planted away from curbs, curblines and sidewalks shall be as follows: (i) small shade trees, no closer than two feet; (ii) medium shade trees, no closer than four feet; and (iii) large shade trees, four feet or on the municipal right-of-way easement line, whichever is greater.
d. 
Where new or replacement shade trees are required under public utility lines, excluding service lines, only small shade trees shall be planted. New medium and large shade trees may be planted near public utility lines as long as the trunk of the medium or large shade tree is no closer than 15 feet of the vertical plane of any existing utility line. In all other locations requiring the placement of new shade trees, medium and large shade trees shall be planted.
e. 
In accordance with any applicable franchise agreements, a public utility company may selectively trim shade trees to maintain the integrity of its utility lines, but only to the extent necessary and in accordance with accepted aesthetic and horticultural standards.
f. 
Subject to prohibited activities described in subsection 16-7.3 of this section, owners of property on which shade trees have been planted shall be responsible for the care of such trees.
g. 
The Borough of Haworth shall have the right to plant, prune, maintain and remove shade trees as may be necessary to protect or insure the public health, safety or welfare and/or to enhance the symmetry and beauty of the roads within the Borough.
[Ord. No. 947 § 1]
a. 
Any person proposing to engage in development on land within the Borough of Haworth, which requires a permit from a municipal permitting authority, shall submit to the permitting authority along with the permit application a tree plan showing: (i) the species, location, caliper and height of all existing shade trees; (ii) existing and proposed final elevations of the property within the drip line of all existing shade trees; and (iii) the species, caliper and location of all replacement shade trees. The permitting authority shall forward the tree plan to the Commission which shall review the tree plans and render a report to the permitting authority, within 14 days of receipt of the tree permit by the Commission, indicating whether the tree plan conforms to the requirements of this section. If the Commission determines that any part of the tree plan does not conform to the requirements of this section, it shall advise the permitting authority the manner in which the tree plan does not conform and shall recommend to the permitting authority appropriate revisions in order to bring the tree plan into conformance. The Commission shall also recommend to the permitting authority the amount which should be included in the performance and/or maintenance guaranties to be posted by the developer in order to insure the protection of existing trees and/or the planting of new trees. The failure of the Commission to render a report to the permitting authority within 14 days of receipt of the tree plan will not prevent the permitting authority from issuing the permit, provided that all other requirements for the permit have been met.
b. 
The planting of shade trees and/or the protection of existing shade trees in connection with development, as well as the posting of adequate performance and/or maintenance guarantees to insure such planting and/or protection, should be incorporated into any approvals or permits granted or issued by any municipal land use agencies and/or permitting authorities. The maintenance guarantees posted shall remain in effect for a period of two years from the date of issuance of the Certificate of Occupancy or acceptance of the work by the Borough.
c. 
The developer shall protect all shade trees from damage during construction, in accordance with the requirements of this section and the developer shall use all other necessary and appropriate tree preservation methods. Extreme care should be taken by developers, their engineers, architects and contractors, in specifically protecting the root zone of existing shade trees during all construction on the property.
d. 
Where any shade tree is proposed to be surrounded by pavement of stone, cement, asphalt or any other substance tending to impede the free access of air and/or water to the tree root system, no portion of that pavement shall be placed nearer than two feet to the base of the trunk of the shade tree, nor shall the elevation of the existing ground be changed more than one foot.
e. 
During construction, the owner, developer, contractor or person in charge of the job site shall place adequate guards around all shade trees as will effectively protect them from damage or injury.
f. 
No person shall operate excavation and/or earthmoving equipment in such a manner as to injure any shade tree.
[Ord. No. 947 § 1]
The developer shall be responsible for replacing any and all shade trees destroyed during construction or damaged to the extent that the Commission determines that the tree will not survive as a result of the damage, or that the tree poses an imminent danger to life or property. Replacement trees shall conform to the requirements of this section.
In addition to the penalties authorized by this section, the Commission may require a person who removes or otherwise destroys a tree in violation of this section to pay a replacement assessment to the Borough. The replacement assessment shall be the value of the tree as determined by the appraisal of a trained forester or Certified Tree Expert retained by the Commission for that purpose. In lieu of an appraisal, the Commission may adopt a formula and schedule based upon the number of square inches contained in a cross section of the trunk of the tree multiplied by a predetermined value per square inch, not to exceed $27 per square inch. The square inch cross section shall be calculated from the diameter at breast height and, if there is a multiple stem tree, then each trunk shall be measured and an average shall be determined for the tree. For the purpose of this section, "diameter at breast height" shall mean the diameter of the tree taken at a point four and one-half (4 1/2) feet above ground level. The Commission shall modify the value of the tree based upon its species variety, location and its condition at the time of removal or destruction.
[Ord. No. 947 § 1]
a. 
Every person having control over any wire for the transmission of electric current along a public highway shall at all times guard all trees through which or near which the wires pass against any injury from the wires or from the electric current carried by them. The device or means used shall be subject to approval of the Commission.
b. 
Every person having control over any wire for the transmission of electric current along a public highway shall temporarily remove any wires or the electricity therefrom when it shall be necessary in order to remove or trim any trees within a public highway within 24 hours after service upon the owner of the wire or wires, or the owner's agent, of a written notice to remove the wire or wires or the electricity, signed by two members of the Commission, or by its secretary, upon the order of the Commission.
[Ord. No. 947 § 1]
The Commission shall utilize the following guidelines when implementing this section:
a. 
Replacement trees should be a native species, of the type found in the mature forests of the northern New Jersey/southern New York area such as oak, maple, hickory or other hardwoods. The Commission will review and comment on alternative tree types when submitted for individual properties.
b. 
If replacement trees are proposed in connection with development of an individual property, they shall be planted within an overall landscaping plan and not solely used for shielding along property boundaries.
c. 
All replacement trees shall be of sufficient caliper and health, and planting should ensure an established root system and growth.
[Ord. No. 947 § 1]
The Commission shall have the power to administer treatment to or remove any tree located on private property which is believed to harbor a disease or insects readily communicable to nearby healthy trees in the care of the Borough, and to enter upon private property for that purpose, with the consent of the property owner; provided that the disease or insect condition is first confirmed by a certificate issued by or on behalf of the New Jersey State Department of Agriculture, or the United States Department of Agriculture.
[Ord. No. 947 § 1]
The requirements of this section shall not apply to:
a. 
Activities conducted solely on private property which do not impact Borough trees.
b. 
Activities in or along State highways and/or County highways and parks, without the consent of the New Jersey Department of Transportation and/or the Bergen County Department of Parks.
c. 
Activities conducted by regulated public utilities on land in which the public utility has obtained an easement or right-of-way, except as otherwise provided in subsection 16-7.12c.
[Ord. No. 947 § 1]
No person shall prevent, delay or interfere with any lawful work undertaken by the Commission or its authorized agents.
[Ord. No. 947 § 1; Ord. No. 2014-10]
a. 
Any person who is found to be in violation of the provisions of this section shall, upon conviction thereof, be punished for a first time offense by a fine of not less than $1,000 nor more than fifteen hundred ($1,500.00) dollars, as determined by the Municipal Court Judge. For a second or subsequent offense, a fine of not less than fifteen hundred ($1,500.00) dollars nor more than $2,000, shall be imposed. A separate offense shall be deemed committed on each day during, or on which, a violation occurs or continues.
b. 
In addition to the penalty set forth above, any person who removes or otherwise destroys a tree in violation of this section shall pay a replacement assessment to the Borough of Haworth, which shall be calculated in accordance with N.J.S.A. 40:64-12.
c. 
Any public utility or cable television company that clears, moves, cuts, or destroys any trees, shrubs or plants for the purpose of erecting, installing, moving, removing, altering or maintaining any structures or fixtures, necessary for the supply of electric light, heat or power, communication or cable television services upon any lands in which it has acquired an easement or right-of-way, shall not be subject to any penalty under this section. This paragraph shall not, however, exempt any public utility or cable television company from any penalty or replacement assessment imposed for negligent actions.