Any person henceforth building any residence, dwelling, apartment or
multiple-family dwelling house within the Borough shall, at his own expense,
plant shade trees along the streets upon which the building lot fronts and
abuts in accordance with the provisions of this chapter, and such person shall
post a bond of $50 for each tree, such moneys to be deposited with the Borough
Clerk and held by him for a period of two years, at which time the Shade Tree
Committee or Public Works Superintendent shall inspect the shade trees and,
if in satisfactory condition, release the moneys to the aforementioned.
It shall be unlawful for any person to do any of the following acts
in any way so as to injure or destroy any shade tree within the Borough:
A. To cut, break or injure any shade tree or any part thereof.
B. To place any rope, wire, sign, poster or other fixture
on a shade tree or tree guard.
C. To damage, misuse or remove any device placed to protect
any shade tree.
D. To operate a motor vehicle so as to injure or damage
any shade tree.
E. To permit fire to come into contact with a shade tree
so as to injure or damage it.
No person shall climb any shade tree on any of the public streets or
places by the use of spurs or other instruments which perforate or injure
the bark of such tree, nor shall any person destroy, mutilate or injure any
such shade tree.
No person shall fasten any electric wire or wires upon any shade tree
on any public streets or places.
No person shall remove, cut down or prune any shade tree located upon
any public streets, places or easements without a permit therefor from the
Shade Tree Committee.
It shall be lawful for the Mayor and Council or their agents or the
Chief of Police to require the removal of any tree or part thereof within
the Borough on public property or property which is dedicated to public use
or for which an easement has been granted to the Borough which is dangerous
to the safety of any person or property within the Borough.
No person shall hereafter plant or permit to be planted any poplar or
willow tree in the Borough of Cresskill.
All poplar or willow trees standing within 40 feet of any sewer or water
main now or hereafter constructed are hereby declared to be nuisances, and
all such trees standing in a public street or public place shall be removed
by the Shade Tree Committee, and all such trees standing on private property
within 40 feet of such sewer or water main shall be removed by the owner thereof
within 30 days after written notice to that effect is given to such owner
by the Shade Tree Committee.
[Amended 9-21-1994 by Ord.
No. 94-14-1114]
No trees, shrubs or hedges shall be planted within the Borough's right-of-way
without prior permission of the Shade Tree Committee.
A. Shade tree definition. Small trees are designated as
those attaining a height of 25 feet. Medium trees are designated as those
attaining a height of 45 feet. Large trees are designated as those attaining
a height of 45 feet or more.
B. Planting restrictions. The spacing for planting of street
trees shall be in accordance with the three size classes listed under "Shade
tree definition": small tree, 30 feet; medium tree, 40 feet; large tree, 50
feet, except in special plantings approved by the Shade Tree Committee.
C. When practicable, the planting distance from curbs or
curblines and sidewalks shall be in accordance with the three size classes,
as follows: small tree, two feet; medium tree, three feet; large tree, four
feet.
D. No street trees, other than those species classified
as small trees, may be planted closer than 15 feet to the vertical plane of
an existing power line, excluding service wires, or within 7 1/2 lateral feet
of any underground water line, sewer line or other utility.
E. There shall be kept clean of lawn, vegetation and weeds
an area of a minimum of one foot around the base of newly planted trees. The
intent of this action is to prevent injury to newly planted trees from lawn
mowers and trimmers.