[HISTORY: Adopted by the Mayor and Borough
Council of the Borough of Rocky Hill 10-1-2007 by Ord. No. 9-07;[1] amended in its entirety 9-20-2010 by Ord. No. 5-2010.
Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 181, Trees, adopted 3-15-1982 by Ord. No. 2-82, as amended.
The Borough of Rocky Hill finds and declares
that the public health, safety and welfare require that the streets,
sidewalks, walkways and traffic control signs within its borders be
visible and free of obstruction in order to allow both vehicular and
pedestrian traffic to travel freely and to allow for unimpeded access
to emergency vehicles. Further, in accordance with N.J.S.A. 40:48-2.13,
the Borough of Rocky Hill finds and declares that, where it shall
be necessary and expedient for the preservation of the public health,
safety, general welfare or to eliminate a fire hazard, the Borough
shall require that property owners treat, remove or destroy any diseased,
dead or dying trees, or parts thereof, such as branches, stumps, or
roots that constitute a public hazard.
Any person who shall break, cut, mutilate, injure
or destroy any shade or ornamental tree or bush standing anywhere
within the Borough of Rocky Hill, except the owner or his agent of
such land upon which the shade or ornamental tree or bush is growing,
shall be deemed to have violated this chapter.
It shall be the responsibility of the owner
of the property adjoining a public street, sidewalk or walkway to
trim all shade or ornamental trees or bushes on his property so that
the branches of such trees or bushes shall not overhang or extend
over such public street at a height of less than 10 feet and at a
height of less than eight feet above the surface of the sidewalk or
walkway.
It shall be the responsibility of the owner of the property
to administer treatment to, or remove, any tree situate upon private
property which is believed to harbor a disease or insects readily
communicable to neighboring healthy trees, provided the suspected
condition is first confirmed by certificate issued by or on behalf
of the New Jersey Department of Agriculture.
A.
It shall be the responsibility of the owner of the property adjoining
a public street, sidewalk, or walkway to remove any dying or dead
tree, or parts thereof, situate upon private property that constitutes
a danger of falling on a Borough thoroughfare.
B.
The Council of the Borough of Rocky Hill shall on complaint to the
Council or on its own motion hire a certified arborist or tree-care
specialist to determine if dying or dead trees, or parts thereof,
on private properties adjoining public thoroughfares constitute a
danger to public safety. Such arborist or tree-care specialist shall
have the right to enter upon private property to make such inspections
as are required after the Clerk of the Borough of Rocky Hill has sent
a notice by certified mail to the owner of the property that visual
inspection from a public thoroughfare has indicated that there are
sufficient grounds to believe that a given tree or trees, or parts
thereof, on the owner's property constitute a hazard to public
safety and require an examination to determine what remedial actions
are required to remove the danger to the public.
C.
A copy of the report and recommendations of the arborist or tree
specialist hired by the Borough to perform such tree inspections as
are required to ensure the public safety of Borough thoroughfares
shall be forwarded to the respective property owner by the Clerk of
the Borough of Rocky Hill by certified mail.
If any such trees or bushes shall overhang such public street, sidewalk or walkway, as defined in § 181-3; or be diseased, as defined in § 181-3.1; or be dangerous to the public safety, as defined in § 181-3.2 above, the owner of such property upon which said tree or bush is situate shall be noticed of such fact by the Borough Constable that such vegetation is not in compliance with this chapter. Thereafter, such owner shall have 10 days after notice to trim, treat, or remove the tree, or parts thereof, or bush or otherwise correct the violation of this chapter.
It shall be the responsibility of the owner
of the property adjoining a public street, sidewalk or walkway to
trim all shade or ornamental trees or bushes on his property so that
the branches of such trees or bushes shall not overhang or cover any
traffic control signal or sign, or any other sign.
If such owner shall fail to correct the violation of this chapter
within 10 days of the Borough Constable's notice of violation,
it shall be the responsibility of the Borough Constable to issue a
summons or complaint to the owner of the property for a violation
of this chapter and such summons or complaint shall be heard by the
Municipal Court of the Borough of Rocky Hill.
The Borough Constable may issue a summons or complaint to the
owner of the property 10 days after the initial notice of violation,
and every seven days thereafter, that the trees or bushes continue
to be in violation of this chapter and such violation shall be subject
to the issuance of a separate summons or complaint to the owner of
the property. Each such summons or complaint shall be considered a
separate and distinct violation.
The owner of lands abutting or bordering upon the public street,
sidewalk or walkway in the Borough of Rocky Hill shall trim, treat,
or remove the tree, or parts thereof, or bush or otherwise correct
the violation of this chapter within 10 days after notice to remove
the same.
A.
In case the owner of any land abutting or bordering upon any such
street, sidewalk, or walkway shall neglect or refuse to trim, treat,
or remove such tree, or parts thereof, or bush within 10 days after
notice to remove the same, the Borough of Rocky Hill may cause removal
of the same in accordance with N.J.S.A. 40:48-2.13.
B.
In all cases where said tree(s), or parts thereof, or bush(es) have
been removed by the Borough from said street, sidewalk, walkway, or
private property under and by virtue of the provisions of this chapter,
the Clerk of the Borough of Rocky Hill shall certify the cost thereof
to the Borough of Rocky Hill Council which shall thereupon examine
the certificate and, if found correct, shall cause the cost as shown
therein to be charged against the lands abutting or bordering upon
such public street, sidewalk or walkway.
C.
In accordance with N.J.S.A. 40:48-2.14, the amount so charged shall
forthwith become a lien upon such land and shall be added to and become
and form part of the taxes next to be assessed and levied upon such
lands, the same to bear interest at the same rate as taxes, and shall
be collected and enforced by the same officers and in the same manner
as taxes.
A violation of this chapter shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article I, General Penalty, herein, and each violation of any of the provisions of this chapter and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
