[HISTORY: Adopted by the Shade Tree Commission of the Borough of Chatham 3-28-1966 by Ord. No. 1-42S.T.; amended in its entirety 6-21-2005 by Ord. No. STC 05-01. Subsequent amendments noted where applicable.]
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.
PUBLIC UTILITY COMPANY
A public utility as defined in N.J.S.A. 48:2-13.
SHADE TREE COMMISSION
The Shade Tree Commission of the Borough of Chatham.
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.
C. 
Spray with any chemical.
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.
K. 
Plant a tree or shrub.
A. 
The Shade Tree Commission may grant to public utility companies a blanket permit for tree pruning for line clearance and for the installation and the maintenance of subsurface and aboveground plant construction if there is interference with or endangerment to street trees.
B. 
Public utility companies may, during periods of emergency, without specific prior permit, install temporary attachments to trees and make emergency subsurface repairs.
C. 
Each public utility company shall exercise reasonable diligence in the maintenance of its plant construction so as to avoid damage to trees under the jurisdiction of the Chatham Shade Tree Commission.
A. 
Every person or entity having control over any wire for the transmission of any services along a street or highway shall at all times guard all trees through which such wires pass against any injury from the wires carried by them. The device or means used shall in every case be subject to approval by the Shade Tree Commission.
B. 
Any utility company, cable television or any service provider utilizing such lines or its agents may, with the prior written permission from the Shade Tree Commission, prune and remove trees for line clearance of utility wires.
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.
A. 
Except as hereinafter provided, the initial cost of all trees planted by the 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 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 be certified by it to the Collector of Taxes of the municipality, shall thereupon become and be a lien upon said real estate, shall be included in the next tax bill rendered to the owners or owner thereof and be collected in the same manner as other taxes against that property.
B. 
The provisions of this section shall not apply to a planting to replace a tree or trees theretofore planted by the Commission nor a planting in connection with Arbor Day exercises or other educational demonstration.
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.
A. 
No person shall: (1) operate, place or maintain within the dripline of any Borough tree any machinery, equipment, heavy object, stone, rocks, cement, earth, soil, or other substance which may harmfully affect such tree by unduly compressing the earth or otherwise impeding or preventing the access of water or air to the roots of such tree; or (2) excavate around or remove earth or soil from, or cause any water to flow upon, the roots of any tree, except that if provisions of this section create any undue hardship in the appropriate use and enjoyment of property, the Borough Enforcement Officer may waive such provisions in whole or in part, but only to the extent absolutely necessary to alleviate such undue hardship. Both the request for a waiver of the provisions of this section and the findings and determination of the Enforcement Officer which either denies or grants the waiver must be set forth in writing.
B. 
No material, machinery or temporary soil deposits shall be placed within six feet of any existing tree trunk, and a protective barrier around each Borough tree in the proximity of the construction shall be established to prevent damage to such tree during construction.
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.
A. 
Any person found guilty of violating any of the provisions of these regulations shall, upon conviction by a Judge officiating within the Borough of Chatham, County of Morris, be fined, pursuant to N.J.S.A. 40:64-12, a sum not exceeding $1,500 for each offense. Each day any violation of this chapter shall continue shall constitute a separate offense.
B. 
Notwithstanding, the court may reduce the fines in the event the violator shall agree as follows:
(1) 
To abate the violation by replanting at his sole expense the tree or trees damaged or destroyed as shall be determined by the Construction Official as provided below.
(2) 
To reimburse the Borough for all reasonable charges of the enforcing authority, Construction Official and Borough Attorney.
C. 
In exercising the authority established hereby, the Construction Official shall:
(1) 
Require, for each tree damaged or destroyed, that the violator shall plant a tree or trees as specified by the Construction Official of no less than four inches in diameter measured one foot above the planting level. The number of replacement trees shall equal the diameter of the damaged or destroyed tree measured three feet above the ground, one replacement tree for each two inches of diameter of damaged or destroyed tree, unless otherwise approved by the Borough Administrator. If there is a multiple-stem tree then each trunk's diameter shall be measured and added together to determine the total diameter of the damaged or destroyed tree.
(2) 
Direct that replacement trees be planted near the location of damaged or destroyed trees and otherwise throughout the Borough, subject to the approval of the Shade Tree Commission.
(3) 
Require that the violator provide a guaranty with surety of the survival and normal healthy development of replacement trees as determined by the Construction Official for a period of three years in an amount equal to 120% of the cost of replacement trees, the guaranty and surety being acceptable to the Borough Attorney and approved by the Shade Tree Commission.