The regulation, planting, care and control of shade trees upon
or in the streets, highways, public places, parks or parkways of this
municipality shall be exercised by and be under the authority of a
Commission.
[Amended 5-4-2021 by Ord. No. 2021-04]
There shall be a Commission consisting of seven residents of
this municipality, which Commission shall be known as the "Shade Tree
Commission of Washington Borough, New Jersey." The seven persons shall
be appointed by the Mayor and shall serve without compensation. In
the event that a vacancy shall occur during the term of any member,
his or her successor shall be appointed for the unexpired portion
of the term. The terms of office of said Commission shall be in accordance
with N.J.S.A. 40:64-2.
The Shade Tree Commission of the Borough of Washington shall
have the power to:
A. Exercise full and exclusive control over the regulation, planting
and care of shade and ornamental trees located in the right-of-way
area, or which may hereafter be planted, in any public highway, park
or parkway, including the planting, trimming, spraying, care and protection
thereof.
B. Regulate and control the use of the ground surrounding the same,
as 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. Care for and control such parks and parkways; encourage arboriculture;
make, alter, amend and repeal, in the manner prescribed for the passage,
alteration, amendment and repeal of ordinances by the governing body
of the municipality, 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 or insects readily
communicable to neighboring healthy trees in the care of the municipality
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 Division
of Parks and Forestry.
In every case where the property of an abutting owner will be
chargeable with the cost of 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 municipality, 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 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 person shall plant, remove, cut above the ground, or disturb
any tree on any street, park, or other public place in the right-of-way
area without writing a letter to the Commission stating their intent.
The person receiving permission needs to hire a licensed professional
tree service to carry out any action.
The Commission may prescribe a fine for the violation of each
of its ordinances in a minimum amount not to exceed $500 for each
violation; and the courts which now or hereafter shall have jurisdiction
over actions for the violation of ordinances of the municipality shall
have jurisdiction in actions for the violation of such ordinances
as the Commission shall enact. Each violation will be individually
evaluated, based on the circumstances. If, as a result of the violation
of any provision of this chapter, the injury, mutilation, or death
of a tree in the right-of-way area is caused, the cost of repair or
replacement, or the appraised dollar value of such tree, shall be
borne by the party in violation.