[1]
Editor's Note: Former subsection STC3-1.1 was relocated
to be subsection STC1:1-1 by Ordinance No. 686.
[1982 Code § 117-2]
a.
No person, firm, corporation or individual connected with such firm
or corporation shall do or cause to be done by others to any tree,
shrub or plant on a public highway or place, either purposely, carelessly
or negligently, without the written permission of the Shade Tree Commission,
any of the following acts:
b.
Nothing herein shall prevent any governmental agency from tying a
public notice upon a tree in connection with administering governmental
affairs.
[1982 Code § 117-3]
No person or corporation shall, without the written permission
of the Shade Tree Commission, place or maintain, or cause to be placed
or maintained, upon the ground in any public highway or place any
stone, cement or other sidewalks or any stone, cement or other substance,
which shall impede the free access of air and water to the roots of
any tree or shrub in any public highway or place. An open space of
not less than two feet outside the trunks of trees at their bases
on all sides must be maintained on all trees on public highways, except
where limited by curb and/or sidewalk.
[1982 Code § 117-4]
a.
No person shall place salt, brine, oil 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.
b.
No person shall 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 growing thereon.
[1982 Code § 117-5]
No person, firm or corporation is permitted to lay any sidewalk
along or to 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
without the consent of the Shade Tree Commission.
[1982 Code § 117-6]
a.
In the erection, alteration or repairing of any building or structure,
the owner or contractor thereof shall place such guards around all
nearby trees in public highways or places as will effectually prevent
injury to such trees.
b.
No person, firm or corporation shall do any excavating within two
feet of any tree or shrub without the written permission of the Shade
Tree Commission.
c.
Shovels and all other implements, machines and tools shall be used
or operated in such a manner as not to damage or destroy any tree,
shrub or plant in any public highway or place.
d.
Where in authorized excavations it becomes necessary to expose or
cut roots more than one inch in diameter, it shall be the duty of
the contractor to protect such roots under advice from the Shade Tree
Commission.
[1982 Code § 117-7]
a.
Every person, firm or corporation having or maintaining any electric,
telephone, telegraph or other wires running through a public highway
shall securely fasten and maintain such wires in such a manner as
will safeguard the trees and shrubs against any damage therefrom and
shall make periodical adjustments whenever necessary to prevent damage
to trees and shrubs growing in any public highway or place.
b.
No person, firm or corporation shall, without written permission
of the Shade Tree Commission, attach or fasten any wire, insulator
or other device for holding any wire to any tree or shrub in any public
highway or place.
c.
Any utility company or its agents may, with prior permission from
the Shade Tree Commission, prune and remove trees for line clearance
of utility wires.
[1982 Code § 117-8]
Where the permission, consent or approval of the Shade Tree
Commission is required by the provisions of this chapter, any person,
firm or corporation required to obtain such permission, consent or
approval shall first make application therefor, in writing, to the
Secretary of the Shade Tree Commission, Borough of Frenchtown, County
of Hunterdon and State of New Jersey.
[1982 Code § 117-9]
[1982 Code § 117-10]
Except as hereinafter provided, the initial cost of all trees
planted by the Shade Tree Commission, the cost of planting the same,
the cost of the posts and boxes or guards used for the protection
thereof and the cost of the removal of any tree or part thereof dangerous
to public safety shall, if the Shade Tree Commission shall so determine
in accordance with uniform rules and regulations promulgated for this
purpose, be a charge upon the real estate in front of which such tree
or trees shall be planted or removed as an improvement thereof. Such
cost, if it is so determined that it is to be paid by the owner, shall,
unless paid directly to the Shade Tree Commission, be certified by
it to the Collector of Taxes, shall thereupon become a lien upon the
real estate and shall be included in the next tax bill rendered to
the owner or owners thereof and be collected in the same manner as
other taxes against that property.
[1982 Code § 117-11]
The provisions of subsection STC3-2.1 shall not apply to:
[1982 Code § 117-12]
In every case where the property of an abutting owner will be
chargeable with the cost of the planting of any shade tree or trees,
the Shade Tree Commission shall give notice of the meeting at which
it is proposed to consider the planting by publishing the notice at
least once, not less than 20 days before the meeting, in a newspaper
circulating in the municipality or by personal service of a copy of
the notice upon the abutting owner at least 10 days before the meeting.
The notice shall specify the street, streets, or portions thereof
on which such planting is proposed and require all persons who may
object thereto to present their objections in writing at the office
of the Commission at or before the meeting. Before final action shall
be taken, all objections so filed shall be considered. The Shade Tree
Commission shall give reasonable notice of its intention to remove
or cause the removal of a tree or part of a tree dangerous to public
safety, unless public safety requires immediate removal, in which
case no notice shall be necessary.
