[HISTORY: Adopted by the Board of Chosen
Freeholders (now Board of County Commissioners) 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).
