For the purposes of this chapter, the terms used herein are defined as follows:
PERSON Every person, firm, association, partnership and corporation.
PLANT CONSTRUCTION As applied to public utility companies, shall mean poles, wires, cables, subsurface conduits, pipes, manholes and appurtenant facilities of such companies installed in the street.
PUBLIC UTILITY COMPANY Refers to a public utility as defined in the Revised Statutes of the State of New Jersey (N.J.S.A. 48:2-13).
SHADE TREE COMMISSION The Park and Recreation Commission of the Borough of Glassboro, which has assumed the duties of the previous Shade Tree Commission.
STREET A. Any public street designated by the governing body to be within the jurisdiction of the Shade Tree Commission, and Subsections
B,
C and
D of this definition, if applicable.
B. Municipal parks and parkways.
The Shade Tree Commission organized under this chapter shall have the power to:
A. Exercise full and exclusive control over the regulation, planting and care of shade trees and ornamental trees and shrubbery now located or which may hereafter be planted in any public highway, park or parkway, except such as are excluded pursuant to §
390-1 of this chapter, including the planting, trimming, spraying, care and protection thereof.
B. Regulate and control the use of the ground surrounding the same, so far as may be necessary for their proper growth, care and protection.
C. Move to require the removal of any tree or part thereof dangerous to public safety.
D. Make, alter, amend and repeal, in the manner prescribed for the passage, alteration, amendment and repeal of ordinances by the governing body of this municipality, any and all ordinances necessary or proper for carrying out the provisions hereof.
E. Administer treatment to or remove any tree situated upon private property which is believed to harbor a disease or insects readily communicable to neighboring healthy trees in the care of this municipality, and enter upon private property for that purpose, with the consent of the owner thereof, provided the suspected condition is first confirmed by certificate issued by or on behalf of the New Jersey Department of Agriculture.
No persons shall do any of the following acts to any tree on the street without the prior permit of the Shade Tree Commission:
A. Cut, prune, climb with spikes, break, damage or remove or kill.
B. Cut, disturb or interfere in any way with any root.
D. Fasten any rope, wire, sign or other device. (Nothing herein shall prevent any governmental agency from affixing, in a manner approved by the Shade Tree Commission, a public notice upon a tree in connection with administering governmental affairs.)
E. Remove or damage any guard or device placed to protect any tree or shrub.
F. Conduct razing, removal or renovation of any structure if deemed by the Commission to be damaging to neighboring street trees.
G. Place or distribute chemicals, including, but not limited to, salt, deleterious to tree health.
H. Maintain a stationary fire or device which vaporizes noxious fumes deleterious to tree health.
I. Remove soil, either for trenching or otherwise.
J. Construct new sidewalks and/or driveways with any material whatsoever within five feet of a tree.
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 said planting, by publishing the notice at least once, not less than 20 days before the meeting, in a newspaper circulating in the municipality, 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 such planting is proposed, and require all persons who may object thereto to present their objections 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 intentions to remove or cause the removal of a tree dangerous to public safety, unless public safety requires immediate removal, in which case no notice shall be necessary.
All regulations adopted by the Park and Recreation Commission shall be filed with the Clerk for inspection by the public during regular business hours.