[Ord. 3/20/69 § 1; Ord. No. 2010-13]
As used in this chapter:
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.
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.
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.
Shall refer to a public utility as defined in N.J.R.S. 48:2-13.
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.
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.
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.
