As used in this chapter the following terms shall have the meanings
indicated:
BOROUGH TREE
A tree located on land owned by the Borough, the Board of Education,
or other municipal or governmental body, or which is located within a street,
highway, or parkway or which is located in the right-of-way of any street,
highway or parkway.
DIAMETER AT BREAST HEIGHT (HEREINAFTER REFERRED TO AS DBH)
The measurement of the diameter of a tree at 4.5 feet from the ground
on the downhill side of such tree. If a tree splits into multiple trunks below
4.5 feet from the ground on the downhill side of such tree, then the trunk
is measured at its most narrow point below the split.
PERSON
Every person, firm, association, partnership and corporation.
PLANT CONSTRUCTION
As applied to public utility companies, includes poles, wires, cables,
subsurface conduits, pipes, manholes and appurtenant facilities of such companies
installed in a street.
STREET
Any public street designated by the governing body to be within the
jurisdiction of the Shade Tree Commission.
TREE
Any living woody perennial plant having a DBH of at least six inches.
No person shall do any of the following acts to any tree on a street
without the prior permit of the Shade Tree Commission:
A. Cut, prune, climb with spikes, break, damage, remove
or kill.
B. Cut, disturb or interfere in any way with any root.
D. Fasten any rope, wire, sign or other device. Nothing
herein shall prevent any governmental agency from affixing in a manner approved
by the Shade Tree Commission a public notice upon a tree in connection with
administering governmental affairs.
E. Remove or damage any guard or device placed to protect
any tree or shrub.
F. Conduct razing, removal or renovation of any structure
if deemed by the Commission to be damaging to neighboring street trees.
G. Place or distribute chemicals, including but not limited
to salt, deleterious to tree health.
H. Maintain a stationary fire or device which vaporizes
noxious fumes deleterious to tree health.
I. Remove soil either for trenching or otherwise.
J. Construct new sidewalks and/or driveways with any material
whatsoever within five feet of a tree.
No person shall hitch or fasten an animal to any tree or shrub upon
a street, highway, public place or park, or to any guard or support provided
for the same, or shall permit any animal to bite or otherwise injure any such
tree or shrub.
No person shall permit any brine, gas or injurious chemical to come
in contact with the stem or roots of any tree or shrub upon a street, highway,
public place or park.
Every person having control over any tree or shrub located on or near
any street or highway shall maintain such tree or shrub so that any branches
extending over the paved portion of the street or highway shall have a minimum
clearance of 15 feet.
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 Commission shall
give notice of the meeting at which it is proposed to consider said 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 the final action shall be taken, all objections
so filed shall be considered. The 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.
No person shall prevent, delay or interfere with any lawful work undertaken
by the Shade Tree Commission or its authorized agent.
Requests for permits required by the provisions of this chapter for
the performance of work should be directed to the Shade Tree Commission, Borough
of Chatham, Morris County, New Jersey.
The Construction Official of the Borough of Chatham is hereby designated
as the enforcement officer for the purpose of enforcement of the provisions
of this chapter. All members of the Borough of Chatham Police Department are
hereby designated as assistant enforcement officers for the purpose of the
enforcement of this chapter.