[HISTORY: Adopted by the Board of Chosen Freeholders of Atlantic
County 3-29-1983 as Ord. No. 2-1983. Amendments noted where applicable.]
No person, corporation or other entity shall do or cause to be done
to any tree, shrub or ornamental material planted or growing naturally within
the highways and parks under the jurisdiction of the County of Atlantic any
of the following acts without first securing from the Atlantic County Division
of Parks and Recreation a written permit:
A.
Cut, prune, break, damage, climb with spikes, remove
or kill.
B.
Cut, disturb or interfere in any way with any root.
C.
Spray with any chemical.
D.
Fasten any rope, wire, sign or other device, provided
that nothing herein shall prevent any governmental agency from affixing, in
a manner approved by the Atlantic County Division of Parks and Recreation,
a public notice upon a tree, shrub or ornamental plant in connection with
the administration of government.
E.
Remove or damage any guard or device placed to protect
any tree, shrub or ornamental plant.
F.
Conduct construction or renovation or the placement or
removal of building materials within 15 feet of trees, shrubbery or ornamental
material within the jurisdiction of the County of Atlantic.
G.
Place or distribute chemicals, including salt, in a manner
harmful to the health of trees, shrubbery or ornamental material under the
jurisdiction of the County of Atlantic.
H.
Maintain a stationary fire or device which emits fumes
or odors harmful to the health of trees, shrubbery or ornamental material
subject to the jurisdiction of the County of Atlantic.
I.
Remove soil.
J.
Construct new sidewalks or driveways with any material
whatsoever within 15 feet of trees, shrubbery or ornamental material subject
to the jurisdiction of the County of Atlantic.
K.
Plant any tree, shrub or ornamental material.
L.
Allow any pet or other animal, which is or should be
under the control of such person, corporation or other entity, within two
feet of any tree, shrub or ornamental plant material.
A.
The Atlantic County Division of Parks and Recreation
may grant to any public utility company a blanket permit for the installation
and maintenance of subsurface and aboveground plant construction.
B.
Public utility companies shall give two weeks' notice,
in writing, to the Atlantic County Division of Parks and Recreation of any
intention to disturb trees, shrubs or ornamental plant material, including
lawns, along any county right-of-way.
C.
In case of emergency, a public utility company may, without
specific permit, install temporary attachments to trees, shrubs or ornamental
material and may make subsurface repairs.
D.
A public utility company shall securely fasten and maintain
any wires, conduits or other equipment installed in or across county property
in such a manner as will safeguard any trees, shrubs or other plant material
from damage therefrom, including damage by reason of leakage of gas or other
substances harmful to the health of such trees, shrubs or ornamental material
under the jurisdiction of the Atlantic County Division of Parks and Recreation.
A.
Any person, corporation or other entity seeking a permit
to do or cause to be done any of the things referred to hereinabove, shall
apply to the Atlantic County Division of Parks and Recreation, in writing,
on form to be supplied by the Division, setting out such information as may
be required by the Division, which shall include but need not be limited to
the following:
(1)
Location of the property where the activity is to be
carried out.
(2)
Nature of the activity.
(3)
Number and kind of trees, shrubs or ornamental plant
material which will or may be affected by the activity.
(4)
Reason for the activity.
(5)
The date on which such activity shall commence and terminate.
B.
The Division shall charge a fee of $5 for issuance of
a permit and may, in addition, after reviewing the application and considering
the risk of damage to county trees, shrubs or ornamental material, require
posting of a bond in an amount calculated to cover the cost of replacing or
restoring any trees, shrubs or ornamental material damaged or destroyed during
the course of the applicant's activity.
Any person, corporation or other entity violating the terms of this
chapter shall be tried in the Municipal Court of the municipality in which
the violation takes place and, upon conviction thereof, shall be subject to
a fine or imprisonment in the County Jail in an amount and for a term not
exceeding the penalties established in N.J.S.A. 40:41A-101b(7).
