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Township of Haddon, NJ
Camden County
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Table of Contents
Table of Contents
Code
New Laws (0) Index Notes (2)
[HISTORY: Adopted by the Board of Commissioners of the Township of Haddon 2-26-2008 by Ord. No. 1204.[1] Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 197, Site Plan Review, adopted 5-3-1977 by Ord. No. 637, as amended, was repealed by Ord. No. 1052. See now Ch. 142, Land Use and Development.
A. 
The regulation, planting, care and control of shade and ornamental trees and woody shrubs upon and in the streets, highways, public spaces owned by the Township of Haddon and which provide public access, allowing for activities such as pedestrian and vehicular travel, active and passive recreation, and flood control, and parks and parkways of the Township of Haddon except state highways, unless the Department of Transportation shall assent thereto and except county highways, parks and parkways, if a county Shade Tree Commission is operative and gives assent thereto, and excepting public places for which management responsibility is designated as belonging to the Environmental Commission (such as Saddler's Woods) or other municipal body, or which are designated as "conservation areas," or which are densely forested public places of size greater than 1/2 acre that are preserved under conservation easements or deed restrictions, shall be exercised by and under the authority of Haddon Township Shade Tree Commission, which is hereby created.
B. 
The Commission shall consist of five members, and may include not more than two alternate members.
C. 
The members and alternate members shall be appointed by the Mayor and shall be residents of the Township of Haddon and shall serve without compensation.
A. 
The first Commissioners shall be appointed within 60 days after the effective date of this chapter, and their terms of office shall commence upon the date of their appointment and be for the respective periods: five members, of one, two, three, four and five years. The term of each appointee shall be designated in his appointment. All subsequent appointments, except to fill vacancies, shall be for the full term of five years, to take effect on January 1 next succeeding such appointment. In event that the membership of any Commission is increased, the new members shall be appointed in such manner that the terms shall expire in accordance with the foregoing.
B. 
Alternate members.
(1) 
If the ordinance provides for the appointment of two alternate members, the term of each alternate member shall be five years commencing on January 1 of the year of appointment; provided, however, that in the event two alternate members are appointed, the initial term of Alternate No. 1 shall be five years, and the initial term of Alternate No. 2 shall be four years.
(2) 
An alternate member may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member.
The Commission shall organize within 30 days after the appointment of its total membership for the remainder of the then calendar year, and thereafter annually by the election of one of its members as chairman, and the appointment of a secretary, who need not be a member. The salary of the secretary, who may be compensated even if a member of the Commission, shall be fixed by the Board of Commissioners of the Township of Haddon.
Any vacancy occurring by reason of the death, resignation or removal of any Commissioner shall be filled for the unexpired term by the Mayor or other chief executive of this Township of Haddon.
The Shade Tree Commission organized under this chapter shall have power to:
A. 
Exercise full and exclusive control over the regulation, planting and care of shade and ornamental trees and woody shrubs now located, or which may hereafter be planted, in any public highway and park or parkway, except such as are excluded pursuant to § 197-1 of this chapter including the planting, trimming, spraying, care and protection thereof.
B. 
Regulate and control the use of the ground surrounding the same, so far as may be necessary for their proper growth, care and protection.
C. 
Move or require the removal of any tree, or part thereof, dangerous to public safety.
D. 
Make, alter, amend and repeal, in the manner prescribed for the passage, alteration, amendment and repeal of the ordinances by the Board of Commissioners of the Township of Haddon, any and all ordinances necessary or proper for carrying out the provisions hereof.
E. 
Administer treatment to, or remove, any tree situated upon private property which is believed to harbor a disease of insects readily communicable to neighboring healthy trees in the care of the Township of Haddon and enter upon private property for that purpose, with the consent of the owner thereof, provided the suspected condition is first confirmed by certificate issued by or on behalf of the New Jersey Department of Agriculture.
F. 
Encourage arboriculture.
A. 
Except as hereinafter provided, the initial cost of all trees planted by the Commission, the cost of planting the same, the cost of the posts and boxes or guards used for the protection thereof, and the cost of the removal of any tree or part thereof dangerous to public safety shall, if the Commission shall so determine, in accordance with uniform rules and regulations promulgated for this purpose, be a charge upon the real estate in front of which such tree or trees shall be planted or removed as an improvement thereof. Such cost, if it is so determined that it is to be paid by the owner, shall, unless paid directly to the Commission, be certified by it to the collector of taxes of the Township of Haddon, shall thereupon become and be a lien upon said real estate, shall be included in the next tax bill rendered to the owner or owners thereof, and shall be collected in the same manner as other taxes against that property.
B. 
The provisions of this section shall not apply to:
(1) 
Planting to replace a tree or trees theretofore planted by the Commission; and
(2) 
A planting in connection with Arbor Day exercises or other educational demonstration.
In every case where the property of an abutting owner will be chargeable with the cost of the planting of any shade tree or trees, the Commission shall give notice of the meeting at which it is proposed to consider said planting by publishing the notice at least once, not less than 20 days before the meeting, in a newspaper circulating in the Township of Haddon, or by personal service of a copy of the notice upon the abutting owner at least 10 days before the meeting. The notice shall specify the street, streets, or portions thereof on which such planting is proposed and require all persons who may object thereto to present their objections at the office of the Commission at or before the meeting. Before final action shall be taken, all objections so filed shall be considered. The Commission shall give reasonable notice of its intention to remove, or cause the removal of, a tree, or part of a tree, dangerous to public safety, unless public safety requires immediate removal, in which case no notice shall be necessary.
No statute giving any person or state, county or municipal board, body or official power or authority to lay any sidewalk along, or to open, construct, curb or pave any street, or to do any similar act, shall be construed to permit or authorize any interference with or injury to a highway shade tree without the consent of the Shade Tree Commission within whose jurisdiction such tree shall be located. In all cases, such Commission shall reasonably cooperate with such person, board, body or official for the general public good. Nothing contained in this chapter shall be held to take away or diminish any of the powers or authority of the Camden County Park Commission over the trees or woody shrubs in any Camden County park or parkway within its jurisdiction, or to give any other commission or board any power or authority with respect to such trees or woody shrubs.
A. 
During the month of December in each year, the Shade Tree Commission shall certify to the Board of Commissioners of the Township of Haddon the estimated sum necessary for the proper conduct of its work during the ensuing fiscal year, which shall include the sums estimated to be expended for such of the following items as it is anticipated expenditure will be made for; namely:
(1) 
Payment of wages and salaries of employees;
(2) 
Expenses of Commission members in discharging official duties, including expenses incident to attendance at professional meetings;
(3) 
Purchase of trees and woody shrubs; and
(4) 
Purchase of necessary equipment and materials and the cost of services for the prudent promotion of the work.
B. 
The Board of Commissioners of the Township of Haddon shall annually appropriate such sum as it may deem necessary for said purposes.
A. 
Any person who violates any provision of this chapter shall, upon conviction in the Municipal Court of the Township of Haddon, or such other court having jurisdiction, be liable for fines and penalties as set forth in § 1-15 of the Code of the Township of Haddon, at the discretion of the court. Each day that a violation occurs shall be deemed a separate and distinct violation, subject to the penalty provisions of this section.
B. 
A copy of any ordinance of the Commission, certified to under the hand of its secretary or chairman, shall be received in any court of this state as full and legal proof of the existence of the ordinance, and that all requirements of law in relation to the ordaining, publishing and making of the same, so as to make it legal and binding, have been complied with, unless the contrary be shown.
C. 
In addition to the penalties authorized by Subsection A of this section, the Commission may require a person who removes, damages and/or otherwise destroys a tree in violation of a municipal ordinance to pay a replacement assessment to the Township of Haddon. The replacement assessment shall be the value of the tree as determined by the appraisal of a trained forester or certified tree expert retained by the Commission for that purpose. In lieu of an appraisal, the Commission may adopt a formula and schedule based upon the number of square inches contained in a cross-section of the trunk of the tree multiplied by a predetermined value per square inch, not to exceed $27 per square inch. The square-inch cross-section shall be calculated from the diameter at breast height and, if there is a multiple-stem tree, then each trunk shall be measured and an average shall be determined for the tree. For the purposes of this section, "diameter at breast height" shall mean the diameter of the tree taken at a point 4.5 feet above ground level. The Commission shall modify the value of the tree upon its species variety, location and its condition at the time of removal or destruction.
D. 
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 a Commission pursuant to Subsection A or B of this section. This subsection shall not exempt any public utility or cable television company from any penalty or replacement assessment imposed for negligent actions.
All moneys collected, either as fines or penalties, for any violation of a rule or regulation of a Shade Tree Commission enacted by ordinance, or as a charge against real estate, under any provision of this chapter shall be forthwith paid over to the custodian of the municipal funds.
The Shade Tree Commission is hereby authorized and empowered to promulgate such ordinances as may be necessary, pursuant to statute, and for the proper interpretation, administration and enforcement of this basic chapter, provided that such ordinances do not conflict with this chapter and conform to the general standards prescribed by this chapter.
All regulations adopted by the Shade Tree Commission shall be filed with the Municipal Clerk for inspection by the public during regular business hours.
This chapter has been adopted by the Board of Commissioners of the Township of Haddon pursuant to the authority vested in this municipality under Title 40, Chapter 64, Sections 1 through 14, as amended, of Public Laws of New Jersey 1996, Chapter 42.
As used in this chapter, the following terms shall have the meanings indicated:
COMMISSION or SHADE TREE COMMISSION
The Shade Tree Commission of the Township of Haddon.
NEGLIGENT
Beyond the scope of the standard operating procedure ("SOP") for trimming trees established and approved by the Haddon Township Shade Tree Commission.
PERSON
Every person, firm, association, partnership, and corporation.
PLANT CONSTRUCTION
As applied to public utility companies shall mean poles, wires, cables, subsurface 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
Any road, avenue, street or highway, dedicated to the public use for street purpose, regardless of whether or not it has been formally accepted by the Township of Haddon. A street shall be deemed to include all portions lying between the dedicated or established right-of-way lines and/or planting easement thereof, said lines being identical with the front property lines of lands abutting the street.
TREE
Trees and woody shrubs.
No person shall do any of the following acts to any tree on a street without first obtaining a permit from the Shade Tree Commission:
A. 
Cut, prune, climb with spikes, break, damage or remove or kill.
B. 
Cut, disturb or interfere in any way with any root, including during the placement or maintenance of gas or other pipes.
C. 
Spray with any chemical.
D. 
Fasten any rope, wire, sign or other device. (Nothing herein shall prevent any governmental agency from affixing, in a manner approved by the Shade Tree Commission, a public notice upon a tree in connection with administering governmental affairs.
E. 
Remove or damage any guard or device placed to protect or water any tree or woody shrub.
F. 
Conduct razing, removal or renovation of any structure if deemed by the Commission to be damaging to neighboring street trees.
G. 
Place or distribute chemicals, including, but not limited to, salt deleterious to tree health.
H. 
Maintain a stationary fire or device which vaporizes noxious fumes deleterious to tree health.
I. 
Remove soil, either through trenching or otherwise.
J. 
Construct new sidewalks and/or driveways with any material whatsoever within five feet of a tree or do anything to impede the infiltration of water into the soil within the rooting zone of a tree.
K. 
Plant any tree or woody shrub within the designated area under the control of the Commission.
A. 
The Shade Tree Commission may grant to public utility companies a blanket permit for tree pruning for line clearance and for the installation and maintenance of subsurface and aboveground plant construction if there is interference with or endangerment of street trees. The activities authorized by this permit shall follow a standard operating procedure ("SOP") approved by the Haddon Township Shade Tree Commission.
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 under the jurisdiction of the Haddon Township Shade Tree Commission.
Requests for permits required by the provisions of this chapter for the performance of work should be directed to the Shade Tree Commission, Haddon Township, Camden County, New Jersey. In cases where an arborist or other contractor is to be used by a property owner to perform work on trees, the permit applicant must provide evidence that said contractor possesses worker compensation and liability insurance in the minimum amounts of $1,000,000 for bodily injury or death and $100,000 property damage indemnifying the Township or any persons injured or damaged resulting from the performance of said work.