[HISTORY: Adopted by the Board of Commissioners of the Borough
of Haddonfield 7-15-2014 by Ord. No. 2014-12.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Land development — See Ch. 135.
Parks and recreation areas — See Ch. 154.
Property maintenance — See Ch. 173.
[1]
Editor's Note: This ordinance also repealed former Ch. 56,
Shade Tree Commission, adopted 2-4-1930 by Ord. No. 655 and amended
in its entirety 4-27-2004 by Ord. No. 12-2004 (as subsequently amended).
The purpose of this chapter is:
A.
To repeal the existing Chapters 56 and 224 and adopt a new Chapter 56 establishing the Borough of Haddonfield Shade Tree Commission (the "Commission"), a regulatory body authorized by the Act,[1] and to delineate the powers and duties and other matters
related to the operation of the Commission;
[1]
Editor's Note: See N.J.S.A. 40:64-1 et seq.
B.
To preserve and protect trees and shrubbery located on property owned
or under the control of the Borough of Haddonfield and which are within
the Commission's jurisdiction;
C.
To take such action as is necessary and appropriate to protect the
public from an imminent threat to the public health and safety due
to the condition of trees and shrubbery on property which is not Borough
property and which, by virtue of the Act and this chapter, are within
the Commission's jurisdiction;
D.
To set forth, standardize and simplify procedures for reviewing applications
to plant, maintain, remove or replace Borough trees; and
E.
To set forth prohibited actions, establish penalties and prescribe
a uniform standard for assessing the replacement cost of Borough trees
that are removed by private parties or which otherwise are damaged
or destroyed.
As used in this chapter, the following terms shall have the
meanings indicated:
N.J.S.A. 40:64-1 et seq.
American National Standards Institute.
The Borough of Haddonfield.
Such lands as are within the right-of-way of the Borough's
streets or highways or in all such other places within the Borough
on lands owned or under the control of the Borough and which are subject
to the jurisdiction of the Commission, including but not limited to
lands used for active or passive recreation, open space, ball fields
or parks.
A fund established by the Borough for administering, protecting,
preserving, maintaining and replacing of Borough trees, and encouraging
best preservation practices as may be consistent with the Act and
the Community Stewardship Incentive Program as outlined in N.J.S.A
13:1L-17.1 et seq. (the "Fund").
Any tree or shrubbery situated on Borough property.
The Shade Tree Commission of the Borough of Haddonfield.
The diameter of a tree measured approximately 4 1/2
feet above the natural ground level commensurate with the trunk flare.
A sum paid by a person seeking to remove a Borough tree to
guarantee that person will perform said work in accordance with the
permit and related documents, thus protecting the Borough. In lieu
of a performance bond, where appropriate and in the sole discretion
of the Commission, a monetary fee may be placed in escrow in an amount,
in each specific case, set by the Commission.
The area directly around a Borough tree wherein its roots
grow. It generally encompasses the area beneath its crown and such
area whose regulation is necessary and appropriate to the health and
maintenance of a Borough tree.
Any tree or shrubbery located on private property.
The amount paid by a person who removes or otherwise damages
or destroys a Borough tree.
The point of intersection between the tree roots and the
tree trunk.
A.
Pursuant to N.J.S.A. 40:64-1 et seq., the Borough has established
the Commission which consists of five regular members and two alternate
members, all of whom are residents of the Borough, and who shall be
appointed by the Mayor of the Borough, which Commission shall be known
as the "Shade Tree Commission of the Borough of Haddonfield." The
terms of appointment of its regular members shall be staggered so
that one appointment expires each year. All regular member appointments,
except to fill vacancies, shall be for the full term of five years,
to take effect on January 1. Alternate members shall be appointed
for a term of five years, to take effect on January 1, wherein the
initial term of Alternate No. 2 shall be for four years.
B.
Alternate members shall be designated at the time of their appointment
as "Alternate No. 1" and "Alternate No. 2." Alternate members may
participate in the discussion 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. In the event that a choice must be made as
to which alternate is to vote, alternate members shall vote in the
order of their numerical designations.
The Commission shall organize annually and conduct meetings
and action consistent with the provisions of the Act and shall elect
one of its members as Chairperson and appoint a Secretary, who need
not be a member of the Commission.
The Commission shall have and exercise all of the powers as
set forth in the Act, which shall include, but may not be limited
to, the power to:
A.
Exercise full and exclusive control over the regulation, planting
and care of Borough trees now located, or which may hereafter be planted,
on Borough property, except such as are excluded pursuant to the Act
and shall include, but not be limited to, the planting, trimming,
spraying, care and protection thereof;
B.
Regulate and control the use of the preservation area, so far as
may be necessary for their proper growth, care and protection;
C.
Remove or require the removal of any Borough tree;
D.
Care for and control such parks and parkways and encourage arboriculture;
E.
Make, alter, amend and repeal, in the manner prescribed for the passage,
alteration, amendment and repeal of ordinances by the Borough, any
and all ordinances necessary or proper for carrying out the provisions
hereof;
F.
Remove or require the removal of any private tree, or part thereof,
whose condition represents a danger to the public health and safety;
G.
Administer treatment to or remove any private tree which is reasonably
believed to harbor a disease or insects readily communicable to neighboring
Borough trees and to enter upon private property for the purpose,
with the consent of the owner thereof, provided that the suspected
condition is first confirmed by certificate issued by a certified
tree expert; and
H.
Other powers as provided by the Act, as amended and supplemented.
A.
Where the Chairperson or the Chairperson's designee reasonably believes,
based on a certification from a certified tree expert, that a private
tree presents a dangerous condition to a Borough tree or to other
public property, the Commission is authorized to remove same. Formal
notice shall be served on the owner of the private property, which
notice shall specify the private tree, the condition, the basis for
the opinion that the condition represents a dangerous condition and
shall provide the owner of the private property with 10 days to consent
to the removal or file a formal objection thereto. The property owner
may remove the condition on his or her own initiative. If the property
owner files an objection, the matter will be heard and decided by
the Commission within 30 days. If no objection is filed, the owner
of the private property shall be deemed to have consented to the removal
of the private tree. Service of the notice shall be by certified mail
to the owner of the private property. All costs relating to the removal,
consistent with the schedule hereinafter set forth for the removal
of Borough trees, shall be paid by the owner of the private property
or shall be a lien on the private property.
B.
If the Chairperson or the Chairperson's designee reasonably believes,
based on a certification from a certified tree expert, that a private
tree exhibits an imminent threat to public health and safety, the
Borough is authorized to remove same without prior notice. However,
reasonable attempts shall be made to alert the owner of the private
property. All costs related to the removal, consistent with the schedule
hereinafter set forth, shall be paid by the owner of the private property
or shall be a lien on the private property.
A.
No person, firm or corporation shall do, or cause to be done, any
of the following acts with regard to Borough trees without authorization
obtained pursuant to the provisions of this chapter:
(1)
Cut, trim, girdle, climb with spikes, disturb the roots of or otherwise
injure, or remove any living Borough tree; or injure, misuse or remove
any structure or device placed to support or protect a Borough tree;
(2)
Plant any tree or shrub on Borough property;
(3)
Fasten any rope, wire, electrical attachment, sign or other device
to a Borough tree, or to any guard about any Borough tree;
(4)
Close or obstruct the preservation area around the base of any Borough
tree, or place any guard about a Borough tree, including, but not
limited to, excessive amounts of or improperly applied mulch;
(5)
Close or obstruct Borough property so as to prevent the planting
of a Borough tree if the Borough property otherwise would be appropriate
for such planting:
(6)
Hitch or fasten an animal to any Borough tree; or allow such animal
to bite, scratch or otherwise injure any Borough tree; or
(7)
Permit any brine, gas or any chemical or spray to come into contact
with the leaves, stem or roots or preservation area around any Borough
tree.
B.
If the Chairperson or the Chairperson's designee has reason to believe
that anyone has committed or is about to commit a prohibited act,
then the Borough may issue a stop-work order delivery of same in person
or by certified mail on the person, company or any employee or official
of any such company which is the subject of the order. The order shall
remain in effect unless and until the Commission issues a formal permit.
C.
The provisions hereof relating to prohibited acts shall not apply
to Borough Public Works employees and their agents acting within the
scope of their employ, or to members of the Commission and their agents
as designated by the Commission Chairperson.
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 land in which it has acquired an easement or right-of-way shall not be subject to any penalty imposed by a commission pursuant to Subsections 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.
A.
No person, board, body, official, separate entity and/or governmental
entity may construct on Borough of Haddonfield lands or rights-of-way
or easements a sidewalk, curb, or street or do similar acts which
interfere with, injure or destroy a highway shade tree without consent
of the Shade Tree Commission within whose jurisdiction such tree is
located. In all such cases the Shade Tree Commission shall reasonably
cooperate with such person, board, body, official, private entity
and/or governmental entity for the general public good, as per N.J.S.A.
40:64-10.
B.
All residents, with Shade Tree Commission approval, Borough employees
and retained consultants and professionals or their agents and anyone
planting, transplanting, trimming or undertaking any action affecting
a Borough tree shall contract, purchase, transplant and trim according
to the following standards:
(1)
All nursery stock used for planting on Borough property shall comply
with ANSI Z-60.1 - 2004 American Standard for Nursery Stock, as amended;
(2)
All Borough tree transplanting shall comply with ANSI A300 (Part
6) - 2012 Planting and Transplanting, as amended; and
(3)
All Borough tree trimming shall conform to ANSI A300 (Part 1) - 2008
Pruning, as amended.
A.
Any person or entity wishing to remove, transplant, trim or otherwise treat a Borough tree shall file a written application with the Borough Public Works Department. No action shall be taken on any Borough tree until written authorization is received from the Public Works Department or the Commission, following an on-site evaluation. The property owner has the responsibility to pay the cost of removing such a tree and may be responsible for a tree replacement assessment in accordance with the standards and policies of the Commission. The assessment shall not exceed a maximum of $27 per square inch as per N.J.S.A. 40:64-12. (See § 56-10 for calculation formula.)
B.
In reviewing any application for a building or construction permit,
the Borough construction official shall make a preliminary determination
as to whether the intended work has the potential to adversely impact
any Borough tree. If the intended work has such potential the construction
official shall refer the matter to the Commission. Permits may not
be issued until the Chairperson of the Commission or his or her designee
conducts an on-site evaluation and advises the property owner or contractor
of the protective measures that must be taken during the course of
construction. The property owner or contractor may appeal to the Commission,
which shall promptly review the necessity or reasonableness of the
protective measures. The construction official shall issue a stop-work
order if the property owner or contractor is not implementing the
protective measures.
C.
No application shall be reviewed until it is complete.
D.
Review and inspections for all submitted applications shall be carried
out within 10 business days of a completed application.
E.
Permission shall be granted or denied within five business days after
the completed review and inspection. Absence of a written approval
is not considered an approval. In the case of a denial, the applicant
will be given written notice with reasons for the denial and a right
to appeal to the Commission.
A.
Penalties.
(1)
For a violation of any provision of this chapter, the maximum penalty
upon conviction shall be a fine not exceeding $1,500.
(2)
Separate violations. Except as otherwise provided, each and every
day in which a violation of any provision of this chapter exists shall
constitute a separate violation.
C.
In cases where the Commission has given a property owner permission
to remove a Borough tree, the Commission may further require the property
owner to replace the tree or otherwise provide for its replacement,
and to post a performance bond.
D.
The tree replacement assessments shall be paid into the Fund, described
below.
[1]
Editor's Note: Former § 56-11, Borough tree Escrow
Fund, as amended, was repealed 3-27-2023 by Ord. No. 2023-03.
Nothing in this chapter shall prevent the appropriate municipal
body from enforcing any other ordinance of the Borough dealing with
property maintenance, which may include maintenance of trees on private
property or abutting public sidewalks adjacent to private property.
