[HISTORY: Adopted by the Township Committee (now Township Council)
of the Township of Hillside 12-21-1971 as Ch. XVII of the
1971 Code. 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 first obtained from the Department of Public Works:
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 attachments, sign or
other device to a tree or shrub or to any guard about such 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 such 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 such tree.
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.
No person shall place any guy wire, brace or other device on any tree
in such a manner as to injure it.
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.
No person shall permit any brine, gas or injurious chemical or liquid
to come in contact with the stump or roots of any tree or shrub upon a public
highway.
No person shall prevent, delay or interfere with any lawful work undertaken
by the Department of Public Works or its authorized agent.
A.
Removal required; notice. In case any tree or shrub,
or any part thereof, along the public highway shall become dangerous to the
public safety, the owner of the property in front of which such tree or shrub
is located shall remove the same, or the required part thereof, forthwith
upon service of written directive to that effect from the Department of Public
Works. The notice shall be sufficient if served in the same manner as a summons
may be served in accordance with the New Jersey Rules of Court.
B.
Standard established. The owner or tenant of any lands
lying within the township shall keep all brush, hedges and other plant life
growing within 10 feet of any roadway and within 25 feet of the intersection
of two roadways cut to a height of not more than 21/2 feet. This shall not
require the cutting down of any trees where there is vision through the trees
at a height of between 21/2 feet and eight feet from the ground.
C.
Removal by township. If the owner fails to remove the
tree or shrub or portion thereof within two weeks after service of written
notice to do so, the work shall be performed by the Township Committee under
the supervision of the Department of Public Works, who shall certify the cost
thereof to the Township Committee.
D.
Unpaid costs to become lien.
[Amended 6-3-1992 by Ord. No. G-320-92]
(1)
Upon receipt of the certified costs, the Township Committee
shall examine the same and, if determined to be reasonable, shall cause such
cost as embodied in the certification to be charged against the lands. The
amount so charged shall forthwith become a lien upon the applicable lands
and shall be added to and become part of the taxes next to be assessed and
levied upon the lands, the same to bear interest at the prevailing tax rate
and shall be collected and enforced by the same officer and in the same manner
as taxes.
(2)
Any person who illegally engages in the cutting down
or pulling down of a tree, irrespective of whose direction or supervision
such act was done pursuant to, shall be subject to a fine of $1,500 for each
separate violation.
If any person shall continue to violate any of the provisions of this
chapter after being duly notified of such violation or shall neglect or refuse
to comply with any lawful order of the Township Committee, the failure to
comply with a second or each of any subsequent notifications or orders shall
be construed as an additional violation of this chapter, and each such additional
offense shall subject the offending party, upon conviction, to the same penalty
as provided for the first offense.
