[Adopted 2-9-2006 as Ch. 26 of the 2006 Code of the Borough of High Bridge]
As used in this article, the following shall have the meanings indicated:
PLANT CONSTRUCTION
As applied to public utility companies, means poles, wires, cables, surface conduits, pipes, manholes and appurtenant facilities of such companies installed in a street.
PUBLIC UTILITY COMPANY
A public utility as defined in the Revised Statutes of the State of New Jersey (N.J.S.A. 48:2-13).
STREET
A. 
Any street designated by the governing body to be within the jurisdiction of the Borough of High Bridge.
B. 
Municipal parks and parkways.
C. 
County roads.
D. 
State highways.
No person or corporation shall cut, break, climb, injure or remove any tree in a public highway of the Borough of High Bridge, or any plant, shrub or tree in any park of the Borough of High Bridge, without a written permit from the Zoning Officer.
No person or corporation shall place any rope, wire, sign, poster or other fixture on a tree or a tree guard in a public highway, or injure, misuse or remove, or cause or procure any person to injure, misuse or remove, any device placed to protect any tree or plant in any street or any park of said Borough, without a written permit from the Zoning Officer.[1]
[1]
Editor's Note: Original § 26-4 of the 2006 Code, Entering lawns and grounds of public parks, § 26-5, Littering parks, and § 26-6, Selling, advertising or distributing circulars in parks, which immediately followed this section, were repealed 6-13-2013 by Ord. No. 2013-13.
No person shall fasten a horse or other animal to a tree in a public highway or in any public park, or cause a horse or other animal to stand so that said horse or animal can injure any tree, shrub or plant.
No shade or ornamental tree or shrub shall be planted in any of the public highways until such tree or shrub shall have first been approved, and the place where it is to be planted shall have been designated, by the Zoning Officer and a permit granted therefor.
No person or corporation shall, without a written permit from the Zoning Officer, place or maintain, or cause to be placed or maintained, upon the ground in a public highway, any stone, cement or other sidewalk or any stone, cement or other substance which shall impede the free access of water and air to the roots of any tree in such highway. Unless otherwise provided for in such permit, there must be maintained about the base of the trunk of such tree in the street at least four square feet of open ground for a tree of three inches or less in diameter, and for every three inches of increase in such diameter there must be an increase of at least one square foot of open ground.
Any person or corporation having any wire or wires running through a public park or highway shall securely fasten such wire or wires so that they shall not come in contact with any part of any tree therein.
When necessary to prune or take down any tree located in a public park or highway, any person or corporation having a wire or wires running through any public park or highway shall temporarily remove such wire or wires within 24 hours after the service upon the owner of said wire or wires or upon his agent of a written notice signed by the Zoning Officer.
No person shall do any of the following acts to any tree on a street without the prior permit of the Zoning Officer:
A. 
Cut, disturb or interfere in any way with any root.
B. 
Spray with any chemical.
C. 
Remove or damage any guard or device placed to protect any tree or shrub.
D. 
Conduct razing, removal or renovation of any structure if deemed by the Zoning Officer to be damaging to neighboring street trees.
E. 
Place or distribute chemicals, including but not limited to salt deleterious to tree health.
F. 
Maintain a stationary fire or device which vaporizes noxious fumes deleterious to tree health.
G. 
Remove soil, either for trenching or otherwise.
H. 
Construct new sidewalks and/or driveways with any material whatsoever within five feet of a tree.
A. 
The Zoning Officer may grant to public utility companies a blanket permit for tree pruning for line clearance and for the installation and the maintenance of subsurface and aboveground plant construction if there is interference with or endangerment to street trees.
B. 
Public utility companies may, during periods of emergency, without specific prior permit install temporary attachments to trees and make emergency subsurface repairs.
C. 
Each public utility company shall exercise reasonable diligence in the maintenance of its plant construction so as to avoid damage to trees.
Any person found guilty of violating any of the provisions of this article shall, upon conviction by a judge officiating within the Borough of High Bridge, be punishable as provided in Chapter 1, Article II, General Penalty.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).