As used in this article, the following terms shall have the
meanings indicated:
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.
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.
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.
A.
(Reserved)
B.
The Division of Parks and Forestry shall set up specifications for
landscape plans. At the request of the Planning Board, the Division
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.
All landscaping shall be completed to the satisfaction of the Division
of Parks and Forestry before certificates of occupancy are issued.
If landscaping is not completed before the building or buildings are
completed and ready for occupancy, the Division may recommend to the
Planning Board that the applicant be allowed to post a performance
bond to cover the landscaping work remaining to be done. The amount
of said bond is to be set by said Division.
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]
A.
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.
B.
No person shall build any fire or station any road roller, fuel oil
dispensing truck or other engine in any street or any other place
in such a location that the heat, vapors, fuel or fumes therefrom
may injure any trees.
C.
Every person having or maintaining any gas lines in any street or
park shall maintain such lines in such a manner as will safeguard
the trees against any damage therefrom and shall make periodical adjustments
whenever necessary to prevent damage to trees.
D.
In the erection, alteration or repair of any structure or building,
the owner, contractor or other person in charge thereof shall place
such guards around all nearby trees as will effectively prevent injury
to such trees.
E.
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.
F.
No material, machinery or temporary soil deposits shall be placed
within 10 feet of any existing tree trunk or stem during the period
of development of the land.
[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.
[Ord. No. 21-2018]
A.
No person shall, without first obtaining a permit from the Director
of Parks and Recreation or his/her designee, remove or cause to be
removed more than 4 trees which are 8 inches or greater in diameter
or a tree of 18 inches or greater in diameter. Application 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.
B.
Upon receipt of an application for a tree removal permit, the permit shall be submitted to the Township Engineer or his/her designee for a determination as to whether or not the provisions of Chapter 134, Land Development, Article VI, are applicable and, if so, shall supersede the provisions of this section.
D.
The permit herein authorized shall be issued for the following reasons:
(1)
The existing location of the tree(s) causes or will cause a hardship
or creates or will create a nuisance or a hazard to the safety and
welfare of the property owner or occupants of any dwelling or structure
and/or the general public.
(2)
The trees to be removed are located within areas to be occupied by buildings, driveways or recreation areas and within a distance of 30 feet around the perimeter of such building; provided, however, that the Director or his/her designee may specify that certain trees within said 30 feet shall remain standing. Notwithstanding the foregoing, if the action to be taken requires the issuance of any building or engineering permit, said tree removal must be performed in accordance with Chapter 134, Land Development, Article VI, Environmental Protection.
(3)
Existing trees are not consistent with the landscaping designs of
the property owners and/or occupants of any dwelling or structure.
The Director or his/her designee, in his/her discretion, may require
a new landscaping plan prior to the removal of any trees and, thereafter,
the implementation of said landscaping plan within a reasonable period
of time.
(4)
The trees are dead or dying.
(5)
The trees must be removed in connection with the installation of
utilities or equipment on any residential, commercial or industrial
property.
E.
The permit shall expire 6 months after its issuance.
[Ord. No. 21-2018]
A.
Any person or utility having or maintaining any electric, telephone,
telegraph or other wires running in or through Township-owned land
or a street or park shall securely fasten and maintain such wires
in such a manner as will safeguard all trees against any damage therefrom
and shall make periodical adjustments whenever necessary to prevent
damage to all trees.
B.
Whenever the Division of Parks and Forestry deems it necessary to
prune or remove a tree, any person having a wire running in or through
any street or park shall temporarily remove such wire within 72 hours
after the service upon the owner thereof or his/her agent of a written
notice to do so. A utility company, instead of removing such wire,
shall have the option of pruning such trees under the supervision
of said Division.
A.
It shall be unlawful for any person in a public park or recreation
area to:
(1)
Willfully mark, deface, disfigure, injure, tamper with or displace
or remove any public property and all appurtenances thereto.
(2)
Fail to cooperate in maintaining rest rooms and washrooms in a neat
and sanitary condition.
(3)
Construct or erect any building or structure of whatever kind, whether
permanent or temporary, or run or string any public service utility
into, upon or across such lands, except on special written permit
issued hereunder.
(4)
Damage, cut, carve, transplant or remove any tree or plant or injure
the bark, or pick flowers or seed of any tree or plant, dig in or
otherwise disturb grassed areas or in other way injure the natural
beauty or usefulness of any area.
(5)
Hunt, molest, kill, wound, trap, abuse, shoot, pursue, remove or
have in his/her possession any animal, reptile or bird found within
a Township park; or disturb its habitat within a Township park; or
knowingly buy, receive, have in his/her possession, sell or give away
such animal, reptile, bird or eggs so taken, except as may be specifically
provided for and being in accordance with state/federal fish and game
laws.
(6)
Throw, discharge or otherwise place or cause to be placed in the
waters of any fountain, pond, lake, stream or other body of water
in any park or any tributary stream, storm sewer or drain flowing
into such water any substance, matter or thing, liquid or solid, which
will or may result in pollution of said waters.
(7)
Have brought in or dump in, deposit or leave any bottles, broken
glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or
refuse or other trash. No such refuse or trash shall be placed in
any waters in any park, or left anywhere on the grounds thereof, but
shall be placed in the proper receptacles where these are provided;
where receptacles are not provided, all such rubbish or waste shall
be carried away from the park by the person responsible for its presence
and properly disposed of elsewhere.
(8)
Drive or park any vehicle on any area except the paved park roads
or parking areas or such areas as may on occasion be specifically
designated temporary areas by the Park and Recreation Department.
(9)
Leave a vehicle standing or parked at night in established parking
areas or elsewhere in the park areas. No motor vehicle shall be parked
in said park areas from 1/2 hour after sunset until sunrise, except
as otherwise permitted.
(10)
Ride a bicycle without reasonable regard to the safety of others.
(11)
Leave a bicycle lying on the ground or pavement or set against
trees or in any place or position where a person may trip over or
be injured by it.
(12)
Swim, bathe or wade in any waters or waterways in any park,
except in such waters and at such places as are provided therefor
and in compliance with such regulations as are herein set forth or
may be hereinafter adopted; nor shall any person frequent any waters
or places customarily designated for the purpose of swimming or bathing,
or congregate thereat, when such activities are prohibited by the
Park and Recreation Department upon a finding that such use of the
water would be dangerous or otherwise inadvisable.
(13)
Erect, maintain, use or occupy on or in any beach or bathing
area any tent, shelter or structure of any kind, nor shall any guy
wire, rope or extension brace or support be connected or fastened
from any such structure to any other structure, stake, rock or other
object outside thereof without a permit issued by the Director of
Parks and Recreation.
(14)
Bring into or operate any boat, raft or other water craft, whether
motor-powered or not, upon any waters, except at places designated
for boating by the Parks and Recreation Department. Such activity
shall be in accordance with applicable regulations as are now or will
hereafter be adopted.
(15)
Navigate, direct or handle any boat in such a manner as to unjustifiably
or unnecessarily annoy or frighten or endanger the occupant of any
other boat.
(16)
Fish in any area where bathing is permitted.
(17)
No person shall carry or possess firearms of any description
or air rifles, spring guns, bow and arrows, slings or any other forms
of weapons potentially harmful to wildlife and dangerous to human
safety or any instrument that can be loaded with and fire blank cartridges
or any kind of trapping device.
(18)
Picnic or lunch in a place other than those designated for that
purpose. Attendants shall have the authority to regulate activities
in such areas when necessary to prevent congestion and to secure the
maximum use for the comfort and convenience of all. Visitors shall
comply with any directions given to achieve this end.
(19)
Violate the regulation that use of grills and tables and benches
follows the generally accepted rule of first-come-first-served.
(20)
Use any portion of the picnic area or any of the buildings or
structures therein for the purpose of holding picnics to the exclusion
of other persons, nor shall any person use such areas and facilities
for an unreasonable time if the facilities are crowded.
(21)
Leave a picnic area before the fire is completely extinguished
and before all trash is placed in the disposal receptacles, where
provided. If no such trash receptacles are available, then trash shall
be carried away from the park area by the picnicker to be properly
disposed of elsewhere.
(22)
Set up tents, shacks or any other temporary shelter for the
purpose of overnight camping, nor shall any person leave in a park
after closing hours any movable structure or special vehicle to be
used or that could be used for such purpose, such as house trailer,
camp trailer, camp wagon or the like, except in those areas designated
by the Department of Parks and Recreation and with a permit issued
by the Department of Parks and Recreation.
(23)
Take part in or abet the playing of any games involving thrown
or otherwise propelled objects such as balls, stones, arrows, javelins,
horseshoes, quoits or model airplanes, except in those areas set apart
for such forms of recreation. Skateboarding and roller-skating shall
be confined to those areas specifically designed for such pastime.
(24)
Ride a horse in any public park or public place.
[Ord. No. 53-2014]
B.
While in a park or recreation area, all persons shall conduct themselves
in a proper and orderly manner, and, in particular, no person shall:
(1)
Bring alcoholic beverages or a controlled dangerous substance at
any time nor shall any person be under the influence of intoxicating
liquor or controlled dangerous substance in a park.
(2)
Have in his/her possession, or set or otherwise cause to explode
or discharge or burn, any firecrackers, torpedo rockets or other fireworks,
firecrackers or explosives of flammable material or discharge them
or throw them into any such areas from lands or highways adjacent
thereto. This prohibition includes any substance, compound, mixture
or article that, in conjunction with any other substance or compound,
would be dangerous from any of the foregoing standpoints. At the discretion
of the Department of Parks and Recreation, permits may be given for
conducting properly supervised fireworks in designated park areas.
(3)
No person shall bring a dog or domestic animal into a playground
or synthetic turf field at any time. All dogs in those areas where
such animals are permitted shall be restrained at all times on adequate
leashes not greater than 6 feet in length until in designated area
of Township dog park.
[Ord. No. 53-2014]
(4)
Build or attempt to build a fire, except in such areas and under
such regulations as may be designated by the Department of Parks and
Recreation. No person shall drop, throw or otherwise scatter lighted
matches, burning cigarettes or cigars, tobacco paper or other flammable
material within any park or on any highways, roads or streets abutting
or contiguous thereto.
(5)
Enter an area posted as "Closed to the Public," nor shall any person
use or assist in the use of any area in violation of posted notices.
(6)
Gamble or participate in or facilitate any game of chance except
in such areas and under such regulations as may be designated by the
Department of Parks and Recreation.
(7)
Go onto the ice or any of the waters, except such areas as are designated
as skating field, and provided that a safety signal is displayed.
(8)
Upon request, fail to produce and exhibit any permit from the Parks
and Recreation Department claimed to have to any authorized person
who shall desire to inspect the same for the purpose of enforcing
compliance with any ordinance or rule.
(9)
Disturb or interfere unreasonably with any person or party occupying
any area or participating in any activity under the authority of a
permit.
(10)
Expose or offer for sale any article or thing, nor shall be
station or place any stand, cart or vehicle for the transportation,
sale or display of any such article or thing. Exception is hereby
made as to any regularly licensed concessionaire acting by and under
the authority and regulation of the Department of Parks and Recreation.
(11)
Paste, glue, tack or otherwise post any sign, placard, advertisement
or inscription whatever, nor shall any person erect or cause to be
erected any sign whatever on any parklands or highways or roads in
any park.
C.
Public use and availability of park and recreation areas.
(1)
Except for unusual and unforeseen emergencies, parks shall be open
to the public every day of the year during designated hours. The opening
and closing hours for each individual park shall be posted therein
for public information and shall be determined from time to time by
the Department of Parks and Recreation.
(2)
No person shall, on the grounds of race, color, national origin,
religion, age, sex or handicap, be excluded from participation in,
be denied the benefits of or be otherwise subjected to discrimination
in any park facility, program or activity.
D.
Permits for special events in parks shall be obtained by application
to the Department of Parks and Recreation in accordance with the following
procedures:
(1)
A person seeking issuance of a permit hereunder shall file an application
with the Parks and Recreation Department stating:
(a)
The name and address of the applicant.
(b)
The name and address of the person, persons, corporation or
associations sponsoring the activity, if any.
(c)
The day and hours for which the permit is desired.
(d)
The park or portion thereof for which such permit is desired.
(e)
Any other information which the Parks and Recreation Department
shall find reasonably necessary for a fair determination as to whether
a permit should be issued hereunder.
(2)
Standards for issuance of a use permit by the Department of Parks
and Recreation shall include the following findings:
(a)
The proposed activity or use of the park will not unreasonably
interfere with or detract from the general public enjoyment of the
park.
(b)
The proposed activity and use will not unreasonably interfere
with or detract from the promotion of public health, welfare, safety
and recreation.
(c)
The proposed activity or uses that are reasonably anticipated
will not include violence, crime or disorderly conduct.
(d)
The proposed activity will not entail extraordinary or burdensome
expense of police operation by the Township.
(e)
The facilities desired have not been reserved for other use
at the date and hour requested in the application.
(3)
Within 5 days after the receipt of an application, the Department
of Parks and Recreation shall apprise an applicant, in writing, of
its reasons for refusing a permit, and any aggrieved person shall
have the right to appeal to the Business Administrator within 5 days
of said refusal. A copy of said notice shall also be served on the
Department of Parks and Recreation within the same time, and said
Department shall immediately forward the application and the reasons
for its refusal to the Business Administrator. The decision of the
Business Administrator shall be final.
[Ord. No. 53-2014]
(4)
A permittee shall be bound by all park rules and regulations and
all applicable ordinances fully as though the same were inserted in
said permits.
(5)
The person or persons to whom the permit is issued shall be liable
for all loss, damage or injury sustained by any person whatever by
reason of the negligence of the person or persons to whom such permit
shall have been issued. The Department of Parks and Recreation shall
have the right to require any permittee to submit evidence of liability
insurance covering injuries to members of the general public or damage
to public or private property arising out of such permittee's activities
in such amounts as may be from time to time determined by the Department
prior to the commencement of any activity or issuance of any permit.
[Ord. No. 53-2014]
(6)
Revocation. The Department of Parks and Recreation shall have the
authority to revoke a permit upon a finding of violation of any rule
or ordinance, or upon good cause shown.
E.
Enforcement.
(1)
The Department of Parks and Recreation and park attendants shall,
in connection with their duties imposed by law, diligently enforce
the provisions of this article.
(2)
The Department of Parks and Recreation and any park attendant shall
have the authority to eject from the park area any person or persons
acting in violation of this article.
(3)
The Department of Parks and Recreation and any park attendant shall
have the authority to seize and confiscate any property, thing or
device in the park, or used, in violation of this article.
(4)
This article shall also be enforced by the Police Department of the
Township of Wayne.
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.
[Ord. No. 53-2014]
A.
Should the Township remove a tree in a public right-of-way found
or determined to be a danger to public safety, the cost of such removal
shall be the responsibility of the property owner. Such cost, if it
is required to be paid by the owner, shall, unless paid directly to
the Division of Parks and Forestry, be certified by it to the Collector
of Taxes of the Township. Such cost shall thereupon become and be
a lien upon said real estate and shall be included in the next tax
bill rendered to the owner or owners thereof and be collected in the
same manner as other taxes against that property. The Division 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. If a public
safety requires immediate removal, no notice shall be necessary.
A.
Nothing contained in this article shall be construed to impose upon
the Division of Parks and Forestry or any member thereof liability
for the death of or injury to any person or damage to property.
[Ord. No. 36-2018]
A.
The failure of a property owner and/or the property owner's contractor
to obtain a permit as required under this article, for purposes of
enforcement of this section, shall be separate offenses for which
separate penalties shall be imposed upon conviction.
