[HISTORY: Adopted by the governing body of the Township of Little
Falls 12-18-1995 by Ord. No. 753 as Ch. XXII of the 1995 Revised General Ordinances.
Amendments noted where applicable.]
No person shall do or cause to be done any of the following acts affecting
the trees, shrubbery or ornamental material planted or growing naturally within
the highways or public places under the jurisdiction of the Township, except
with a written permit:
A.
Cut, trim, break, disturb the roots of, or spray with
chemicals any living tree or shrub; or injure, misuse, or remove any structure
or device placed to support or protect any tree or shrub.
B.
Plant or remove any living tree or shrub, or climb with
spikes any living tree or shrub.
C.
Fasten any rope, wire, electric attachment, sign or other
device to a tree or shrub, or to any guard about any tree or shrub.
D.
Close or obstruct any open space provided about the base
of a tree or shrub to permit the access of air, water or fertilizer to the
roots of the tree or shrub.
E.
Pile any building material, or make any mortar or cement
within six feet of a tree or shrub.
F.
Change the grade of the soil within the limits of the
lateral spread of the branches of any tree.
Application for a permit under § 261-1 shall be made at the office of the Township Clerk on a prescribed form. The Shade Tree Commission, in determining whether to issue a permit, shall take into consideration the nature, species, size, age and condition of any tree involved; the location in the street or park; the planting, care, protection, maintenance or removal procedure required; and the public safety and welfare and the improvement and advancement of the Shade Tree Program of the Commission.
Every person having control over any wire for the transmission of an
electric current along a public highway shall at all times guard all trees
through which, or near which, such wire passes, against any injury from the
wire or cable or from the electric current carried by it. The device or means
used shall in every case be subject to approval by the Department of Public
Works.
The following regulations shall be observed for the protection of trees
and shrubs in the Township:
A.
No person shall place any guy wire, brace or other device
on any tree in such a manner as to injure it.
B.
No person shall hitch or fasten an animal to any tree
or shrub upon a public highway or to any guard or support provided for the
same, or permit an animal to bite or otherwise injure any tree or shrub.
C.
No person shall place salt, brine, oil or any other substance
injurious to plant growth in any street or park in such manner as to injure
any tree.
D.
No person shall build any fire or station any tar kettle,
road roller, fuel oil dispensing truck or other engine in any street or any
other place in such manner that the heat, vapors, fuel or fumes therefrom
may injure any tree.
E.
Every person having or maintaining any gaslines in any
street or park shall maintain all lines in such a manner as will safeguard
the trees against any damage and shall make periodic adjustments whenever
necessary to prevent damage to trees.
F.
In the erection, alteration or repair of any structure
or building, the owner, contractor or other person in charge shall place guards
around all nearby trees in order to prevent injury to trees.
G.
No person shall use or operate any power shovel, bulldozer
or any other implement, machine or tool in such a manner as to damage or destroy
any tree.
H.
No person shall destroy any live tree exceeding three
inches in diameter unless the existing location of the tree causes or will
cause a hardship or will create a nuisance or hazard to the safety and welfare
of the public or the trees to be removed are located within areas to be occupied
by buildings, driveways or recreation areas and within a distance of 15 feet
around the perimeter of the building; provided, however, that the Shade Tree
Commission may specify that certain species of trees within the 15 feet shall
remain standing.
I.
No material, machinery or temporary soil deposits shall
be placed within six feet of any existing tree trunk or stem during the period
of development of the land.
A.
The Shade Tree Commission shall, at the request of the
Engineer, issue specifications, including a list of acceptable varieties of
trees, covering the size, location and method of planting of shade trees within
the street right-of-way or in any parks or playgrounds of any land subdivision.
The trees shall be subject to inspection by the Commission and shall be planted
under the supervision of and in accordance with the requirements of the Commission.
The estimated cost of the trees shall be included in the performance bond
of the subdivider. Any necessary replacements of dead, defective or injured
trees shall be covered by the maintenance bond of the subdivider.
B.
The Commission shall set up specifications for landscape
plans. At the request of the Planning Board, the Commission or its consultant
shall review proposed landscape plans for commercial, industrial or apartment
projects and shall give specific recommendations in writing to the Planning
Board.
C.
When an application for a certificate of occupancy is
made to the Construction Official he shall consult with the Shade Tree Commission
to assist him in determining whether the Planning Board's requirements
as to landscaping have been fully complied with. If he determines that such
requirements have not been complied with, the Planning Board may in its discretion
permit the applicant to post a performance bond to cover the landscaping work
remaining to be done in an amount prescribed by the Planning Board.
D.
At the time of the release of any performance bonds required,
a maintenance bond to run for a period of three years shall be posted in the
amount estimated by the Planning Board. A cash bond may be placed in escrow
with the Township for this purpose.
A.
When application is made to the Planning Board for major subdivision approval pursuant to Chapter 227, Subdivision of Land, or for site plan approval of construction of commercial or industrial buildings, the subdivider, developer or builder shall indicate clearly upon a plan submitted for that purpose the type, number and location of trees, if any, proposed to be removed. A copy of the plan shall be filed with the Shade Tree Commission. The Commission shall make recommendations to the Planning Board with respect to the plan.
B.
No building permits shall be issued unless and until
the Construction Official is satisfied that the terms of subdivision approval
as respects trees have been complied with, and the Construction Official shall
consult with the Shade Tree Commission for expert assistance in determining
whether there has been compliance.
No person shall prevent, delay or interfere with any lawful work undertaken
by the Department of Public Works or its authorized agent.
A.
Except as provided in Subsection B below, 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 dangerous to public safety shall, if the Commission so determines, be a charge upon the real estate in front of which the tree or trees shall be planted or removed as an improvement. The cost, if it is required to be paid by the owner, shall, unless paid directly to the Commission, be certified by the Collector of Taxes. The cost shall then become a lien upon the real estate, shall be included in the next tax bill and be collected in the same manner as taxes against the property.
In every case where the property of an abutting owner will be chargeable
with the cost of planting any shade tree, the Commission shall give notice
of the meeting at which it is proposed to consider the planting by publishing
the notice at least once, not less than 20 days before the meeting, in a newspaper
circulating in the Township 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 the planting is proposed
and shall require all persons who may object to present their objections in
writing at the office of the Commission at or before the meeting. Before final
action is 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 which is dangerous to public safety. If public safety requires immediate
removal, no notice shall be necessary.
No statute giving any person, state or municipal board, body or official
power or authority to lay any sidewalk or to open, construct a curb or pave
any street, or any similar act, shall be construed to permit any interference
with or injury to any shade tree without consent of the Commission. The Commission
shall reasonably cooperate with any person, board, body or official for the
general public welfare and safety.
