[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also repealed Ord.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.
[Amended 9-14-2021 by Ord. No. 2021-14]
(1)
Except as herein provided, no person shall willfully,
carelessly or negligently remove, cut down or injure two or more living
trees having a diameter of four inches or more or a circumference
of 12.5 inches (dogwood and American holly, one inch) at a distance
of four feet measured from the ground within a twelve-month period.
The acts prohibited in this subsection may be allowed upon the issuance
of a permit approved by the Shade Tree Commission. Permits are issued
at no cost to single-family or two-family dwelling applicants occupied
by the owner. An application for a permit must be filed with the Shade
Tree Commission and a site inspection must be made prior to approval
and tree removal. Tree removal permits are effective for only three
months from date of issue
(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 Land Use 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 Land Use Board shall issue approval only upon approval
by the Shade Tree Commission or upon expiration of said 10 days.
[Amended 6-30-1998 by Ord. No. 1998-8; 9-14-2021 by Ord. No. 2021-14]
Any person violating any provision of this chapter
shall, upon conviction, be punishable by a fine not exceeding $1,000
(nor less than $100) 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.
