Township of East Windsor, NJ
Mercer County
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Table of Contents
Table of Contents
[Ord. 3/20/69 § 1; Ord. No. 2010-13]
As used in this chapter:
DRIP-LINE
Shall mean the circular area surrounding a tree, the radius of which shall be the distance from the trunk to the outermost branch of the tree.
LANDMARK TREE
Shall mean any tree having majestic stature or historical significances or any tree located on a tract or site of historic significance which is so designated by the Shade Tree Commission or Township delegate.
PLANT CONSTRUCTION
As applied to public utility companies, shall mean poles, wires, cables, subsurface conduits, pipes, manholes and apartment facilities of such companies installed in a street.
PUBLIC UTILITY COMPANY
Shall refer to a public utility as defined in N.J.R.S. 48:2-13.
STREET
Shall mean any public street of the Township; municipal parks and parkways; County roads, if the County Shade Tree Commission assents; and State highways, if the State highway assents.
TOWNSHIP TREE
Shall refer to any tree/shrub now planted or hereafter to be planted and grown in or upon any lands owned or controlled by the Township of East Windsor and in or upon all public highways in the Township.
TREE
Shall mean any woody perennial plant having a single elongated main stem generally having a diameter greater than four inches at a point 4 1/2 feet above ground level.
[Ord. 3/20/69 § 2,4; Ord. No. 2010-13]
No person shall do or cause to be done any of the following acts affecting trees, shrubbery or ornamental material planted or growing naturally within the highways or public places under the jurisdiction of the Township, except with written permission from the Department of Public Works:
Cut, trim, break, remove or in any way injure, deface or destroy the trees, plants, tree posts or tree guards in any park or any other property of the Township or in any public highway in the Township.
Plant or remove any living tree or climb any living tree with spikes.
Fasten any ropes, wires, electric attachment, signs, or any device to a tree or any guard around a tree.
Placement or maintenance of sidewalk, etc. as to impede free access of water or fertilizer or air to the root system.
Place any building material or make any other types of items (including stockpiles of soil, sand, bituminous materials and/or construction materials) within 10 feet of the tree trunk.
Change of grade of the soil within the drip-line of the tree as well as protection around drip-line of tree(s) during construction, demolition, moving or repairing of structures on building property.
[New; Ord. No. 2010-13]
Every person having control over any wire charged with electricity running through a public street or highway in the Township shall securely fasten such wire so that it shall not come in contact with any tree or plant therein; provided, that where such wire necessarily pass through such trees or plants and may come into contact with parts thereof, the Township Department of Public Works is authorized and empowered to grant permission in writing for the stringing and maintenance of such wires, conditioned upon the placement and maintenance of such safeguards as directed by the public works director or an individual designated by the director. All such wires shall be strung and maintained in accordance with the terms of the permission granted.
[New; Ord. No. 2010-13]
No persons shall place any guy wire, brace or any other device on any tree in such a manner to injure it.
[New; Ord. No. 2010-13]
It shall be unlawful to fasten any animal to a tree or plant on any street or to any guard on such tree in such a manner as to damage the tree in the Township.
[New; Ord. No. 2010-13]
It shall be unlawful for any person using or having control or charge of any substance harmful to tree life to allow any such substances to come in contact with the trunk or soil surrounding the roots of any tree in any Township street or highway.
[Ord. 3/20/69 § 3; Ord. No. 2010-13]
The Department of Public Works may grant to public utility companies a blanket permit for tree pruning for line clearance and for the installation and maintenance of subsurface and above ground plant construction if there is interference with or endangerment of trees or shrubs.
[Ord. 3/20/69 § 3; Ord. No. 2010-13]
Public utility companies may, during periods of emergency, without a specific prior permit, install temporary attachments to trees and make emergency subsurface repairs.
Each public utility shall exercise reasonable diligence in the maintenance of its plant construction so as to avoid damage to trees.
[New; Ord. No. 2010-13]
If a tree or any part thereof along a street becomes dangerous to public safety, the owner of the property in front of which the tree stands, shall remove the tree or the required part thereof on receipt of written notice to that effect from the Department of Public Works.
[New; Ord. No. 2010-13]
The owner or tenant of any lands lying within the ownership shall keep all brush, hedges and other plants within 25 feet of an intersection of two streets, cut to a height of not more than 2 1/2 feet. This shall not require the cutting down of any trees where there is vision through the trees at a height of between 2 1/2 feet and eight feet from the ground.
[New; Ord. No. 2010-13]
If the owner fails to remove the tree or portion thereof within two weeks after receipt of written notice to do so, the work shall be performed by the Township under the Director of Public Works, who shall certify the cost to the Council.
[New; Ord. No. 2010-13]
Upon receipt of the certified costs to be charged against the lands, or if the Council deems the costs to be excessive, the Township shall cause the reasonable cost to be charged against the lands. The amount so charged shall become a lien upon the lands and shall be added to and become part of the taxes next to be assessed and levied on the lands, the same to bear interest at the same rate as other taxes and be collected and enforced by the same manner as taxes.
[Ord. 3/20/69 § 5; Ord. No. 2010-13]
If any person continues to violate any of the provisions of this chapter, after being duly notified of such violations, or neglects or refuses to comply with any lawful order of the Department of Public Works, the failure to comply with a second or each subsequent notifications or others shall be construed as an additional violation of this chapter, and each additional offense shall subject the offending party on conviction to the same penalty as provided for the first offense.