[HISTORY: Adopted by the Shade Tree Commission
of the Township of Freehold by Ord.
No. O-01-24. Amendments noted where applicable.]
This chapter contains Shade Tree Commission
rules and regulations for the planting, control, protection and improvement
of shade trees upon highways and public places in the Township of
Freehold and providing penalties for the violation thereof.
As used in this chapter, the following terms
shall have the meanings indicated:
An individual, firm, partnership, association, corporation,
joint-stock company, limited liability company, public utility and/or
the agents of any of the same.
As applied to public utilities, means appurtenances and devices,
including poles, wires, cables, subsurface conduits, pipes and other
requisite facilities.
The same definition as contained in N.J.S.A. 48:2-13 and
shall include any person franchised by the Board of Public Utility
Commissioners of New Jersey to supply electrical, gas, water, sewage,
communicative (telephone), cable TV (and any other overhead wire)
services.
The Shade Tree Commission of Freehold Township and its duly
authorized representatives.
Any tree or woody plant and any shrub, both annual and perennial,
located in any street.
No person shall do to any tree on a street,
without first having obtained a permit from the Shade Tree Commission,
any of the following acts:
A.
Cut, prune (except when tree is located on property
owned by a person or entity doing or causing said pruning to be done),
climb with spikes, break, damage, remove or kill;
B.
Cut, disturb or interfere in any way with any root;
C.
Spray with any chemicals or substances that can injure
a tree;
[Amended 6-29-2010 by Ord. No. O-10-9]
D.
Fasten any rope, wire, sign or other device; provided,
however, that nothing herein shall prevent any agency of government
from affixing, in a manner approved by the Shade Tree Commission,
public notices upon a tree in connection with the administration of
governmental affairs;
E.
Remove or damage any guard or device placed to protect
any tree;
F.
Create a hazard to any tree by the placement of building
materials on property on which a tree is located, or upon any property
adjacent to property upon which a tree is located;
G.
Create conditions deleterious to the health of any
tree by the placement or distribution of chemicals, including salt;
H.
Maintain a stationary fire or device which vaporizes
noxious fumes deleterious to the health of any tree;
I.
Remove soil, either for trenching or otherwise, that
will affect any tree;
J.
Construct new sidewalks, driveways, retaining walls,
or similar structures, with any material whatsoever within 15 feet
of any tree;
[Amended 6-29-2010 by Ord. No. O-10-9]
K.
Plant any tree.
A.
A public utility shall first obtain a permit from
the Shade Tree Commission for the trimming or removal of any tree
or other vegetation located on any street, Township right-of-way or
other Township property.
B.
The Shade Tree Commission may grant to a public utility
a blanket permit for the installation and the maintenance of subsurface
and aboveground plant construction.
D.
All tree work done while trimming around utility lines
in and along Township rights-of-way shall be by target pruning. All
trimming is to be conducted with consideration for the health of any
tree while allowing for proper utility line clearance. Any improper
work will void the issued permit. Any work performed under permit
from the Shade Tree Commission shall be performed in accordance with
current recommendations and approved standards of the National Arborist
Association, American National Standards Institute ("ANSI"), ANSI-Z133.1
& 300A, and all currently accepted pruning standards for shade
trees recognized by the New Jersey Board of Tree Experts.
[Amended 6-29-2010 by Ord. No. O-10-9]
Every public utility shall insure that wires
and conduits are fastened and maintained in such manner as shall prevent
damage to trees, including damage by reason of leakage of gas or other
substances injurious to trees.
A.
Except as provided in Subsection C below, any person who violates any of the provisions of this chapter shall, upon conviction thereof, be subject to a penalty as stated in Chapter 1, Article II, General Penalty for each such offense. Each day that a violation of this chapter shall continue shall constitute a separate offense.
[Amended 5-23-2006 by Ord. No. O-06-16; 10-4-2006 by Ord. No. ST-06-01]
B.
Except as provided in Subsection C below, in addition to the monetary penalty provided in Subsection A above, the Commission may require a person who removes or otherwise destroys a tree in violation of Chapter 336, Article II, Tree Preservation, of the Township Code, or in violation of this chapter, to pay a replacement assessment to the Township, such assessment to be determined pursuant to N.J.S.A. 40:64-12b.
C.
Any public utility or cable television company that clears, moves, cuts, or destroys any trees, shrubs or plants for the purpose of erecting, installing, moving, removing, altering or maintaining any structures or fixtures, necessary for the supply of electric light, heat or power, communication or cable television services upon any lands in which it has acquired an easement or right-of-way, shall not be subject to any penalty imposed by the Commission pursuant to Subsection A or B above. This subsection shall not exempt any public utility or cable television company from any penalty or replacement assessment imposed for negligent actions, or for actions not taken within its easement or right-of-way.
Pursuant to N.J.S.A. 40:37-11a, the Commission hereby consents to the Monmouth County Shade Tree Commission exercising jurisdiction in any circumstance involving a public utility or cable television company under which this Commission is prevented from seeking a monetary penalty under § 400-6A or from imposing an assessment under § 400-6B.
