[HISTORY: Adopted by the Mayor and Council of the Borough of Franklin Lakes 2-14-1990 by Ord. No. 893 as Ch. XVI of the 1988 Code; amended in its entirety 3-19-2013 by Ord. No. 1562. Subsequent amendments noted where applicable.]
No variety of tree other than nursery-grown sugar and red maple, pin, red, black, bur, swamp white, white, chestnut and scarlet oak, black, yellow, paper and river birch, sycamore, sweet gum, hickory, black gum and beech shall be planted in or upon the public highways and parks of the Borough unless the prior approval of the Commission has been obtained to deviate.
Notice must be given to a member of the Shade Tree Commission three days prior to the start of planting in order that the Commission may inspect the stock for variety, condition, size and quality. All work shall be subject to the general supervision and approval of the Commission.
No such tree shall be planted unless the same shall be not less than 2 1/2 inches' caliper measured 18 inches above the ground nor less than 10 feet high. Such tree shall be well branched, with branches to start not less than six feet from the crown of the root system.
Where authorized for placement, flowering decorative trees may be of smaller size than shade varieties. Such trees shall be not less than 1 1/8 inches' caliper measured 18 inches above the ground nor less than eight feet high. They shall be well branched, with branches to start not less than five feet from the crown of the root system.
The exact location of all planted trees shall be determined by the Shade Tree Commission. All trees shall be planted 40 feet to 60 feet apart and parallel to and 10 feet to 15 feet from the curbline. At street corners, all trees shall be located a minimum of 20 feet from intersecting curbs.
No trees coming within the jurisdiction of the Shade Tree Commission shall be planted between May 15 and the following October 1 without the permission of the Shade Tree Commission.
Excavations for such trees shall be not less than 18 inches deep and not less than 30 inches in diameter. A seepage area shall be provided by loosening the soil to a depth of one foot below the excavation. Planting soil in the excavation shall be composed of two parts parent soil and one part peat moss, all mixed thoroughly, to which shall be added and mixed in two pounds of bonemeal or its equivalent. The finished level of backfill shall be two inches below the adjoining finished grade.
All stakes for such trees shall be of white or red cedar and must be eight feet long and not less than two inches in minimum diameter. Stakes must be driven into the ground to a depth of 12 inches below the excavation before planting the tree and are to be placed preferably on the northwest side of the tree trunk. Trees shall be guyed to the stakes using No. 10 wire in a piece of rubber hose. The wire shall be stapled to the stake in such a manner that the wire will not slip nor come in contact with the tree trunk.
After planting of such trees, removal of all debris in the disturbed area shall be made immediately. The property where such planting is made must be left in a neat and orderly condition in accordance with good and accepted planting and tree surgery practice.
All trees which fail to survive for a period of one calendar year following planting shall be replaced by the developer at no cost or expense to the Borough or the Commission. Replacement shall be made within 60 days following written demand for such replacement from the Commission or within such more-extended period as may be specified.
Where the permission, consent or approval of the Shade Tree Commission is required by the provisions of this chapter, any person, firm or corporation required to obtain such permission, consent or approval shall receive the same from any members of the Shade Tree Commission who shall have the authority to do so.
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 the planting by publishing the notice at least once, not less than 20 days before the meeting, in a newspaper circulating in the municipality and 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 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 statute giving any person or state, county or municipal board, body or official power or authority to lay any sidewalk along or to open, construct, curb or pave any street, or to do any similar act, shall be construed to permit or authorize any interference with or injury to a highway shade tree without the consent of the Shade Tree Commission within whose jurisdiction such tree shall be located. In all cases, such Commission shall reasonably cooperate with such person, board, body or official for the general public good.
Nothing in this chapter contained shall be held to take away or diminish any of the powers or authority of any county park commission over the trees or shrubbery in any county park or parkway within its jurisdiction or to give any other commission or board any power or authority with respect to such trees or shrubbery.
Nothing in the chapter contained shall be construed to make the Commission or any member thereof responsible for the death or injury of any person or for any injury to any property or highway tree or shrub.