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City of Salem, NJ
Salem County
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Table of Contents
Code
New Laws (14) Index
[HISTORY: Adopted by the City Council of the City of Salem 12-3-1990 as Ord. No. 9016; amended in its entirety at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Subsequent amendments noted where applicable.]
The regulation, planting, care and control of shade and ornamental trees and shrubbery upon and in the streets, highways, public places, parks and parkways of the city, except state highways unless the Department of Transportation shall assent thereto and except county highways, parks and parkways, in counties now or hereafter having a County Shade Tree Commission, unless the County Shade Tree Commission or County Department of Parks and Recreation shall assent thereto, shall be exercised by and be under the authority of an Advisory Board, which shall be known as the "Shade Tree Advisory Board of the City of Salem." The Advisory Board shall consist of five members appointed by the Mayor, who shall be residents of the municipality, and shall serve without compensation, except as hereinafter provided.
The term of each appointee shall be designated in the appointment. All subsequent appointments, except to fill vacancies, shall be for the full terms of five years, to take effect on January 1.
The Advisory Board 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 Advisory Board, shall be fixed by the Council.
Any vacancy occurring by reason of the death, resignation or removal of any Advisory Board member shall be filled for the unexpired term, by the Mayor.
The City of Salem Shade Tree Advisory Board shall have the power to:
A. 
Exercise full and exclusive control over the regulation, planting and care of shade and ornamental trees and shrubbery now located or which may hereafter be planted in any public highway, park or parkway,except such as are excluded pursuant to applicable law, 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. 
Propose regulations, subject to approval by the Council.
E. 
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 in the care of the city and enter upon private property for that purpose, with the consent of the owner thereof, provided that the suspected condition is first confirmed by a certificate issued by or on behalf of the Department of Agriculture.
A. 
Except as hereinafter provided, the initial cost of all trees planted by the Advisory Board, 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 Advisory Board 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 Advisory Board, be certified by it to the collector of taxes of the city, 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 be collected in the same manner as other taxes against that property.
B. 
The provisions of this section shall not apply to:
(1) 
A planting to replace a tree or trees theretofore planted by the Advisory Board.
(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 Advisory Board 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 city 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 in writing at the office of the Advisory Board at or before the meeting. Before final action shall be taken, all objections so filed shall be considered. The Advisory Board 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.
A. 
During the month of December in each year, the Shade Tree Advisory Board shall certify to the Council of the city 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 compensation of Advisory Board's secretary and wages and salaries of employees.
(2) 
Purchase of trees and shrubbery.
(3) 
Purchase of necessary equipment and materials and the cost of services for the prudent promotion of the work.
B. 
The City Council shall annually appropriate such sum as it may deem necessary for said purposes.
A. 
Any person violating this chapter shall, upon conviction, be subject to a fine of not less than $100 nor more than $2,000; or imprisonment in the county jail for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Any person who is convicted of violating this chapter within one year of the date of a previous violation of the same chapter and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by a court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the chapter, but shall be calculated separately from the fine imposed for the violation of the chapter.
[Amended 7-20-2020 by Ord. No. 20-06]
B. 
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 or 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 hereunder. This subsection shall not exempt any public utility or cable television company from any penalty or replacement assessment imposed for negligent actions.
Nothing contained in this chapter shall be construed to make the city or the Shade Tree Advisory Board or any member thereof or the City of Salem or any officer, employee or agent thereof responsible for the death or injury of any person or for an injury to any property or highway tree or shrub. This section is intended to create a duty upon every landowner in the City of Salem to provide written notice to the Shade Tree Advisory Board of the City of Salem of any defect and/or unsafe conditions existing in front of their property which involves shade or ornamental trees and shrubs which may be regulated by the Advisory Board.