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.
[1984 Code § 14-1.1; Ord. No. 706 § VI; amended 8-29-2023 by Ord. No. 23-18]
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 or other person in charge of the Department
of Public Works. There shall be a fee of $250 charged for each permit.
In addition to the fee, there shall be posted an escrow of no less
than $2,500 to reimburse Borough professionals for the cost of any
review, inspection and other work associated with the permit and further
to ensure the restoration of the street, highway or sidewalk to its
condition prior to the opening. For driveway permit applications,
there shall be a fee of $50. 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.
[Prior Subsection 16-1.4, Public Utilities, was repealed 8-29-2023 by Ord. No. 23-18. Prior history includes 1984 Code § 14-1.4]
[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:
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.
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.
Shall mean that portion of a street improved, designated
or ordinarily used for vehicular travel.
Shall mean a paved, surfaced or leveled area paralleling
and usually separated from the street, used as a pedestrian walkway.
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]
[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:
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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:
[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;
amended 4-13-2021 by Ord. No. 21-05]
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
based upon the replacement rate established by the International Society
of Arboriculture (ISA). 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 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.
[Added 2-22-2022 by Ord.
No. 22-02]
a.
No person shall place any structure, item, material or equipment
in, upon or over any Borough street, sidewalk, right-of-way, or Borough
easement.
[Added 2-22-2022 by Ord.
No. 22-02]
Any person who violates the provisions of this section shall be subject to such fines and penalties as set forth in § 1-5 of the Borough Code.
