Shade Tree Commission
Planting Rules and Regulations
Indicated below are the primary Village code regulations governing trees planted in the Village Right of Way.
Pursuant to the authority contained in N.J.S.A. 40:48-2.26 et seq., the owner or tenant of any land or premises within the Village, wherever necessary and expedient for the preservation of the public safety, shall keep all brush, hedges and other plant life growing within 10 feet of any roadway and within 25 feet of the intersection of two roadways cut to a height of not more than 2 1/2 feet, within 10 days after written notice sent to the last known post office address of such owner or tenant, by registered mail, to cut the same.
The aforesaid notice shall be sent by the Director of Department of Building and Inspections, his agent or deputy and shall require the cutting of all such brush, hedges or other plant life and shall set forth the reasons therefor and provide an opportunity to such owner or tenant, within five days of the receipt of such notice, to show cause before the officer sending such notice why the demands therein should not be complied with.
In case any owner or tenant fails or neglects to show cause why such cutting should not be done after proper notice as hereinabove set forth or cut the same within 10 days as therein provided, the Director of the Department of Building and Inspections, his agent or deputy may, on behalf of the Village, cause such brush, hedges and other plant life to be cut.
In every case in which, by force of § 260-1 and this section, the cutting of the foregoing by reason of the refusal or neglect of the tenant or owner to cut the same is done under the direction of the Director of the Department of Building and Inspections, his agent or deputy, the cost thereof shall be certified to the Village Council, which Council shall examine the certificate of cost and, if found correct, shall cause the same, as shown thereon, to be charged against said lands or, in the event that such cost is excessive, shall cause the reasonable cost thereof to be charged against such lands, and the amount so charged shall forthwith become a lien upon such lands 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 other taxes and to be collected and enforced by the same officers and in the same manner as taxes.
It shall be unlawful for the owner or occupant of any lands within the limits of the Village to permit to exist tent caterpillars or the nests of tent caterpillars within the trees or shrubbery on such premises.
The Village Council may appoint from time to time one or more inspectors to make an inspection of the trees or shrubbery of the Village and to remove therefrom tent caterpillars and the nests of tent caterpillars, and for that purpose, such inspectors shall have the right to enter upon any and all lands in the Village. The cost of removal thereof shall be paid by the property owner.
No person shall do or cause to be done any of the following acts upon a public highway or parks within the Village without a written permit from the Director of the Department of Parks and Recreation:
Cut, trim, break, climb with spikes, disturb the roots of or otherwise injure, spray with any chemical or remove any living tree or shrub; or injure, misuse or remove any structure or device placed to support or protect such tree or shrub.
Plant any tree or shrub.
Fasten any rope, wire, electric attachment, sign or other device to a tree or shrub or any guard about such tree or shrub.
Close or obstruct any open space provided about the base of a tree or shrub to permit the access of air, water or fertilizer to the roots of such tree or shrub.
E. Pile any building material or make any mortar or cement within six feet of a tree or shrub.
Allow gas or other substance deleterious to tree life to come into contact with the soil surrounding the roots of any tree or plant in such manner as may injure such tree or plant.
Every person having control over any wire for the transmission of an electric current along a public highway shall at all times guard all trees through which or near which such wire passes against any injury from such wire. The means used shall in every case be subject to approval by the Director of the Department of Parks and Recreation.
Every person having control over any wire for the transmission of an electric current along a public highway shall temporarily remove any such wire or the electricity therefrom when it shall be necessary in order to take down or prune any trees growing in a public highway within 24 hours after the service upon the owner of such wire or his agent of a written notice to remove such wire or the electricity therefrom, signed by the Director of the Department of Parks and Recreation.
During the erection, repair, alteration or removal of any building or structure within the Village, it shall be unlawful for the person in charge of such erection, repair, alteration or removal to leave any street tree in the vicinity of such building or structure without such good and efficient guards or protectors as shall prevent injury to such tree arising out of or by reason of such erection, repair, alteration or removal.
No person shall hitch or fasten an animal to any tree or shrub upon a public highway or any guard or support provided for such tree or shrub or permit an animal to bite or otherwise injure any such tree or shrub.
No person shall permit any brine, gas or injurious chemical to come in contact with the stem or roots of any tree or shrub upon a public highway.
No person shall prevent, delay or interfere with any lawful work undertaken by the Department of Parks and Recreation.
Additional references to landscaping in general can be found in the Village codes:
Chapter 215 - Section 3, subpart A
Chapter 190 - 84
Chapter 190 - 94