[Adopted 1-6-1992 by Ord. No. 11-91 (Ch. 25, Part 1, of
the 1996 Code)]
No tree, shrub or other plant shall be planted
in, on or under any street, lane, avenue or alley located in whole
or in part within the Borough of Jersey Shore.
No Carolina poplar tree shall be planted within
six feet of any street, lane, avenue or alley located in whole or
in part within the Borough of Jersey Shore.
The owner of the property upon which any tree,
having a diameter of six inches or more is located in whole or in
part, and the owner of any property abutting on any street, lane,
avenue or alley in the case of a tree having a diameter of six inches
or more that is located in whole or in part between property line
and curbline, shall immediately cause the removal of any branch, limb
or twig of said tree if such branch, limb or twig is located as follows:
A. A distance of less than nine feet directly above the
level of any sidewalk or pedestrian passageway.
B. A distance of less than 12 feet directly above the
level of any street, lane, avenue or alley as measured from a point
located a distance of 24 inches or less from the curbline.
C. A distance of less than 14 feet directly above the
level of any street, lane, avenue or alley as measured from a point
located more than 24 inches from the curbline.
D. A distance of less than 22 feet directly above the
level of any sidewalk, pedestrian passageway, street, lane, avenue
or alley in the case of a branch, limb or twig located within 25 feet
of any street lamp that is also located on said sidewalk, pedestrian
passageway, street, lane, avenue or alley.
Any tree or shrub or part thereof, which constitutes
a danger to life, health, safety or property, is hereby declared a
public nuisance. In determining whether such tree, shrub, or part
thereof constitutes such a danger, the health, age, size, location,
species and other physical characteristics shall be given due consideration.
In the event that any tree, shrub, or part thereof is determined by
the Code Officer to constitute such a public nuisance, the owner of
the property upon which such tree or shrub is located in whole or
in part shall be notified in writing of the existence of the nuisance
and given reasonable time for its correction or removal. If not corrected
or removed within the time allotted, the Borough may cause the nuisance
to be corrected or removed and may recover the cost thereof from the
owner through the municipal lien process and through such other processes
as are permitted by law. Notwithstanding the above, the Borough expressly
retains the power to institute and to prosecute proceedings to impose
such fines and penalties against the owner as are otherwise provided
for in this article, and such proceedings may be utilized without
regard to whether or not the Borough also elects to utilize its power
to remove the nuisance itself.
[Amended 9-8-1992 by Ord. No. 10-92; 5-6-1996 by Ord. No.
4-96]
Any person, firm or corporation who shall violate
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $600 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
30 days. Each day that a violation of this article continues shall
constitute a separate offense.
[Adopted 2-28-2011 by Ord. No. 02.28.2011.3]
Jersey Shore Borough recognizes that properly planted, maintained
and protected shade trees add to the esthetics and health and welfare
of the citizens of the Borough. Therefore, it shall be the intent
of this article to establish a Shade Tree Commission for Jersey Shore
Borough, define the mission of that Commission, to establish rules
and regulations to encourage the planting of appropriate shade trees,
to provide for the proper maintenance of the trees, protect shade
trees and provide guidelines for the removal and replacement of shade
trees.
In addition to the foregoing general provisions, the following
special provisions shall apply to shade trees located in the commercial
districts of the Borough:
A. A minimum sidewalk opening of four feet square shall be required
for each shade tree. The opening shall be paved with a flush, smooth,
hard surface such as brick or concrete pavers laid on sand.
B. Only the following types of trees may be planted in the right-of-way:
hybrid red maples, lindens, thornless honeylocusts, pears and elms
or as otherwise specified in the Commission approved planting list
to be obtained at Borough Hall. The planting of any other type of
tree shall require approval from the Borough after review by the Commission.
C. Whenever a shade tree is removed in a Commercial District, the shade
tree shall be replaced in accordance with this article. All removed
shade trees shall be replaced except when a change in street construction
or land development makes it impossible, or would cause the replacement
to be a safety or health hazard. A decision not to replace a removed
shade tree must be recommended by the Commission and approved by the
Borough.
D. The Commission shall annually inspect all shade trees within the
Commercial District and shall file a report with the Borough council
on the condition of the trees and needed maintenance. The inspection
shall be done in late summer and the report filed by the first day
of October.
Any person, firm or corporation who shall violate any provision
of this article shall upon conviction thereof, be guilty of a summary
offense, and may be sentenced to pay a fine of not more than $600
and costs; and/or undergo imprisonment not to exceed 90 days. Every
day that a violation of this article continues shall constitute a
separate offense.