[HISTORY: Adopted by the Mayor and Council of the Borough of Stanhope
6-26-1978 as Ord. No. 1978-14, which ordinance also repealed Ord. No. 1973-18,
adopted 12-26-1973, as amended, which comprised former Ch. 53, Shade Tree
Commission. Amendments noted where applicable.]
A.
There is hereby created a Shade Tree Commission which
will be known as the "Shade Tree Commission of the Borough of Stanhope." Said
Commission shall consist of five resident citizens. The Council may appoint
a Councilperson to act as liaison between the Commission and the Council,
but said Councilperson shall not be a member of the Commission.
B.
In addition to the appointment of the regular members
as set forth above, there shall also be appointed two alternate members, who
shall be designated as "First Alternate" and "Second Alternate."
The regulation, planting, care and control of shade and ornamental trees
and shrubbery upon and in the streets, highways, public places, parks and
parkways, (if any), of this municipality (except state highways, unless the
State Highway Department shall assent thereto, and except county highways,
parks and parkways, unless the County Shade Tree Commission shall assent thereto)
shall be exercised by and be under the authority of said Commission.
A.
The first Commissioners shall be appointed within 60
days after adoption of this chapter providing for the Commission to become
effective. The appointment of each member shall be for a term of one, two,
three, four and five years, respectively. Subsequent appointments shall be
for terms of five years.
B.
The Commission shall meet on a schedule devised by its
members, but not less than six times a year.
C.
To constitute a quorum, at least three members must be
present.
D.
The alternate members shall be appointed for a term of
one year. An alternate member shall, in the absence of a permanent member
at any regular or special meeting, assume the seat of the permanent member
at such meeting and have the same right to vote and participate as if said
alternate member was a regular member.
The Commission shall organize within 30 days after the appointment of
its membership for the remainder of the then calendar year and thereafter
shall organize annually by the election of one of its members, who is not
a Councilman, as Chairman and the appointment of a Secretary.
A Shade Tree Commission organized under this chapter shall have the
power to:
A.
Regulate and control the indiscriminate destruction of
trees and shrubs on private property as described herein.
B.
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 N.J.S.A. 40:64-1 in the municipality,
including the planting, trimming, spraying, care and protection thereof.
C.
Regulate and control the use of the ground surrounding
the same so far as may be necessary for the proper growth, care and protection.
D.
Move or require the removal of any tree or shrub or part
thereof dangerous to public safety.
E.
Have treated or destroyed any tree, located upon private
property, believed to be diseased or to harbor destructive insects and liable
to infect healthy trees on adjoining property. The municipality, through the
Shade Tree Commission, may, with the consent of the property owner and upon
confirmation of the suspected condition by a certification of the New Jersey
Department of Agriculture, have such tree treated or removed.
A.
Along public places.
(1)
No person shall willfully, carelessly or negligently
do or perform or cause to be done or performed any of the following acts to
any tree growing in or along any street or park:
(a)
Cut, prune, break, climb with spikes, injure or remove
any tree, shrub or plant or cut, unduly disturb or interfere in any way with
any root of a tree.
(b)
Fasten any rope, wire, sign or other device to a tree
or to any guard about such tree.
(c)
Install, remove or injure any guard or device placed
to protect any tree.
(d)
Close or obstruct any open space provided about the base
of a tree to permit the access of air, water and fertilizer to the roots of
such tree.
(e)
No planting of trees or shrubs shall be allowed.
(2)
The acts prohibited in this subsection may be allowed
when performed by municipal, county, state or federal employees or representatives
or with the permission of the Shade Tree Commission.
(3)
The Shade Tree Commission, if granting relief, shall
provide the applicant seeking such relief a letter granting permission, which
letter states how many trees, the location of said trees and the work to be
done.
[Added 5-28-1985 by Ord.
No. 1985-9]
B.
On private, firm or corporation property.
(1)
Except as hereinafter provided, no person shall willfully,
carelessly or negligently remove, cut down or injure three or more living
trees having a diameter of three inches (dogwood and American holly, one inch)
or more at a distance of one foot measured from the ground wherein growing.
The acts prohibited in this subsection may be allowed upon approval of the
Shade Tree Commission.
(2)
Upon application for a major or minor subdivision and/or
site plan, the applicant shall indicate therein the location of all trees
and designate which trees, if any, are to be removed and the types of trees
and/or shrubbery to be planted for aesthetic purposes. A copy thereof shall
be filed with the Shade Tree Commission, which shall review the same and notify
the Planning Board of its approval or disapproval. If the plans are not acted
upon by the Shade Tree Commission within 10 days after the reference, the
same shall be deemed approved. The Planning Board shall issue approval only
upon approval by the Shade Tree Commission or upon expiration of said 10 days.
(3)
Exemptions: all commercial stock of shrubs and trees
growing on land used as a nursery, garden center, tree farm or orchard.
[Amended 6-30-1998 by Ord.
No. 1998-8]
Any person violating any provision of this chapter shall, upon conviction,
be punishable by a fine not exceeding $1,000 or imprisonment for a term not
exceeding 90 days or a period of community service not exceeding 90 days,
or any combination thereof.
All moneys collected either as fines or penalties for any violations
of a rule or regulation of the Shade Tree Commission 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.
Nothing in this chapter contained shall be construed to make any Shade
Tree Commission or any member thereof responsible for the death or injury
of any person or for an injury to any property or highway tree or shrub.
[Added 5-28-1985 by Ord.
No. 1985-9]
The Stanhope Shade Tree Commission and the Borough Police Department
shall be the enforcement agents of the provisions of this chapter.
