As used in this article, the following terms shall have the
meanings indicated:
PERSON
Shall include for-profit corporations, not-for-profit corporations,
companies, associations, societies, firms, partnerships, joint-stock
companies, limited liability companies, limited liability partnerships
and individuals.
STREET
Any road, avenue, street or highway dedicated to the public
use for street purposes, regardless of whether or not it has been
formally accepted by the Township. "Street" shall be deemed to include
all portions lying between the dedicated or established right-of-way
lines thereof, said lines being identical with the front property
lines of lands abutting the street.
TREE
Any tree, shrub or plant, or any root, branch, flower or
any part thereof.
The Division of Parks and Forestry shall have power to:
A. Exercise full control over the regulation, planting and care of shade
and ornamental trees and shrubbery now located or which may hereafter
be planted in the Township on any Township-owned land or in any street,
public place, park or parkways in the Township except state highways
or county parks or parkways, including the planting, trimming, spraying,
care and protection thereof. The control of trees on state or county
highways within the Township may be determined by mutual agreement
between the Division of Parks and Forestry and the appropriate state
or county agencies concerned having jurisdiction thereof.
B. Regulate and control the use of the ground surrounding the aforesaid
shade and ornamental trees and shrubbery, so far as may be necessary
for their proper growth, care and protection.
C. Remove or require the removal of any tree or part thereof dangerous
to public safety, notwithstanding the fact that the tree may be situate
on private property and may endanger the safety of persons while on
private property.
D. Care for and control the aforesaid parks and parkways, and encourage
arboriculture.
E. Administer treatment to or remove any tree situate upon private property
which tree is believed to harbor a disease or insects readily communicable
to neighboring healthy trees in the care of the Township, and, for
that purpose, enter upon private property with the consent of the
owner thereof, provided the suspected condition is first confirmed
by the certificate issued by or on behalf of the State Department
of Agriculture.
F. Purchase and plant or have planted under its supervision, any trees
or shrubs required in connection with any public improvement program
financed in whole or in part by the Township on any street, park or
Township-owned land.
G. Regulate and control the indiscriminate and excessive cutting of
trees in the Township in the manner prescribed in this article. Such
regulation and control is deemed necessary because indiscriminate
and excessive cutting of trees upon tracts of land has resulted in
creating increasing municipal costs to control drainage within the
Township and further impairs the benefits of occupancy of existing
residential property in such areas and impairs the stability and value
of both improved and unimproved real property in such areas with attendant
deterioration of conditions affecting the health, safety and general
welfare of the inhabitants of the Township.
H. Exercise such other powers, duties and functions as hereinafter specified
in this article.
No building permit shall be issued for the construction of one-family dwellings in accordance with final major subdivision approval granted by the Planning Board pursuant to the provisions of Chapter
134, Land Development, nor for the construction of commercial or industrial buildings, unless and until the developer, builder or owner files with the Division of Parks and Forestry an appropriate plan showing all proposed tree removals in relation to the survey stakes marking out a building foundation, garage, driveway, parking area, recreation area and related areas requiring the removal of trees. The species and condition of trees shall be checked by said Division and shall be indicated upon the plan. Such plan shall be approved by said Division and certified to the Construction Official of the Township.
[Ord. No. 21-2018]
No person shall do any of the following acts in connection with
any Township-owned tree located in the Township in or on any street,
highway, public place, park or Township-owned land without first obtaining
a permit.
A. Cut, prune, break, injure, remove, disturb or interfere with any
tree in any way.
B. Spray any tree with any chemical.
C. Fasten any rope, wire, sign or other device to a tree or to any guard
about such tree.
D. Remove or injure any guard or device placed to protect any tree.
E. Close or obstruct any open space provided about the base of a tree
to permit the access of air, water and fertilizer to the roots of
such tree.
F. Place or maintain in any street or park any stone, cement or other
sidewalk or any stone, cement or other substance which shall impede
the free access of air and water to the roots of any tree.
G. Plant any tree in any park or street.
H. Excavate within 4 feet of any tree.
I. String any wire in or through a public park.
J. Attach or fasten any wire, insulator or other device for holding
a wire to any tree.
[Ord. No. 21-2018]
Application for a permit under §
129-17 shall be made at the office of the Division of Parks and Forestry on a prescribed form. No tree removal permit shall be issued unless the tree service provider engaged for the work described in the application meets the requirements of the Tree Expert and Tree Care Operator Licensing Act, N.J.S.A. 45:15C:11 et seq., and the regulations promulgated thereunder at N.J.A.C. 7:3A-1.1 et seq. (effective date April 17, 2017), as may be amended from time to time.
The Division of Parks and Forestry, in determining whether to
issue a permit, shall take into consideration:
A. The nature, species, size, age and condition of any tree involved.
B. The location thereof in the street or park, the planting, care, protection,
maintenance or removal procedure involved.
C. The public safety and welfare and the improvement and advancement
of the shade tree plan or program of the Division of Parks and Forestry.
Smoking and/or the carrying of a lighted cigarette, cigar, pipe
or other combustible substance, in any manner or any form, shall be
prohibited at all times, in all Township parks and Township recreation
facilities, including all public areas adjacent to such parks and
recreation facilities, including but not limited to the parking areas,
driveways or drive aisles. Smoking, for purposes of this section,
shall be the burning of, inhaling/exhaling of smoke or the possession
of a lighted cigarette, cigar, pipe or other combustible substance
which contains tobacco or any other matter that can be smoked, or
involves the inhaling/exhaling of smoke or vapor from an electronic
smoking device.
No person shall prevent, delay or in any manner interfere with
the Division of Parks and Forestry or its authorized agents in the
performance of their lawful duties.