The purpose of this chapter is:
A. To repeal the existing Chapters
56 and 224 and adopt a new Chapter
56 establishing the Borough of Haddonfield Shade Tree Commission (the "Commission"), a regulatory body authorized by the Act, and to delineate the powers and duties and other matters
related to the operation of the Commission;
B. To preserve and protect trees and shrubbery located on property owned
or under the control of the Borough of Haddonfield and which are within
the Commission's jurisdiction;
C. To take such action as is necessary and appropriate to protect the
public from an imminent threat to the public health and safety due
to the condition of trees and shrubbery on property which is not Borough
property and which, by virtue of the Act and this chapter, are within
the Commission's jurisdiction;
D. To set forth, standardize and simplify procedures for reviewing applications
to plant, maintain, remove or replace Borough trees; and
E. To set forth prohibited actions, establish penalties and prescribe
a uniform standard for assessing the replacement cost of Borough trees
that are removed by private parties or which otherwise are damaged
or destroyed.
As used in this chapter, the following terms shall have the
meanings indicated:
ACT
N.J.S.A. 40:64-1 et seq.
ANSI
American National Standards Institute.
BOROUGH
The Borough of Haddonfield.
BOROUGH PROPERTY
Such lands as are within the right-of-way of the Borough's
streets or highways or in all such other places within the Borough
on lands owned or under the control of the Borough and which are subject
to the jurisdiction of the Commission, including but not limited to
lands used for active or passive recreation, open space, ball fields
or parks.
BOROUGH TREE ESCROW FUND OR FUND
A fund established by the Borough for administering, protecting,
preserving, maintaining and replacing of Borough trees, and encouraging
best preservation practices as may be consistent with the Act and
the Community Stewardship Incentive Program as outlined in N.J.S.A
13:1L-17.1 et seq. (the "Fund").
COMMISSION
The Shade Tree Commission of the Borough of Haddonfield.
DIAMETER BREAST HEIGHT (DBH)
The diameter of a tree measured approximately 4 1/2
feet above the natural ground level commensurate with the trunk flare.
PERFORMANCE BOND
A sum paid by a person seeking to remove a Borough tree to
guarantee that person will perform said work in accordance with the
permit and related documents, thus protecting the Borough. In lieu
of a performance bond, where appropriate and in the sole discretion
of the Commission, a monetary fee may be placed in escrow in an amount,
in each specific case, set by the Commission.
PRESERVATION AREA
The area directly around a Borough tree wherein its roots
grow. It generally encompasses the area beneath its crown and such
area whose regulation is necessary and appropriate to the health and
maintenance of a Borough tree.
PRIVATE TREE
Any tree or shrubbery located on private property.
REPLACEMENT ASSESSMENT
The amount paid by a person who removes or otherwise damages
or destroys a Borough tree.
TRUNK FLARE
The point of intersection between the tree roots and the
tree trunk.
The Commission shall organize annually and conduct meetings
and action consistent with the provisions of the Act and shall elect
one of its members as Chairperson and appoint a Secretary, who need
not be a member of the Commission.
The Commission shall have and exercise all of the powers as
set forth in the Act, which shall include, but may not be limited
to, the power to:
A. Exercise full and exclusive control over the regulation, planting
and care of Borough trees now located, or which may hereafter be planted,
on Borough property, except such as are excluded pursuant to the Act
and shall include, but not be limited to, the planting, trimming,
spraying, care and protection thereof;
B. Regulate and control the use of the preservation area, so far as
may be necessary for their proper growth, care and protection;
C. Remove or require the removal of any Borough tree;
D. Care for and control such parks and parkways and encourage arboriculture;
E. Make, alter, amend and repeal, in the manner prescribed for the passage,
alteration, amendment and repeal of ordinances by the Borough, any
and all ordinances necessary or proper for carrying out the provisions
hereof;
F. Remove or require the removal of any private tree, or part thereof,
whose condition represents a danger to the public health and safety;
G. Administer treatment to or remove any private tree which is reasonably
believed to harbor a disease or insects readily communicable to neighboring
Borough trees and to enter upon private property for the purpose,
with the consent of the owner thereof, provided that the suspected
condition is first confirmed by certificate issued by a certified
tree expert; and
H. Other powers as provided by the Act, as amended and supplemented.
[Amended 3-27-2023 by Ord. No. 2023-03; 6-26-2023 by Ord. No. 2023-09]
A. Penalties.
(1) For a violation of any provision of this chapter, the maximum penalty
upon conviction shall be a fine not less than $200 but not exceeding
$2,000.
(2) Separate violations. Except as otherwise provided, each and every
day in which a violation of any provision of this chapter exists shall
constitute a separate violation.
(3) Repeated violations. Any property owner, developer or contractor
who violates any provisions of this chapter or who fails to comply
with the terms and provisions of any permit issued pursuant hereto
shall pay a fine of not less than $200 nor more than $2,000 for each
violation. Each day that a violation shall continue shall constitute
a separate offense. In the event violations continue by the same party
on the same property, subsequent violations fine shall increase daily.
B. Tree removal and/or replacement assessment. In addition to the penalties authorized by Subsection
A of this section, any person who removes, damage to, or otherwise destroys a tree in violation of this chapter shall pay the following fees:
(1) Removal cost. These fees will be set by the Board of Commissioners.
The cost will be calculated consistent with N.J.S.A. 40:64-12b based
on the size of the tree (using the DBH), at rates currently obtained
for the Borough.
(2) Tree planting. These fees will be set by the Board of Commissioners.
The cost of tree planting will include the cost of the tree (inclusive
of shipping and handling) and the cost for a contractor to plant the
tree at rates currently obtained for the Borough.
C. In cases where there is concern of damage to a tree based on a property owner, developer or contractor not implementing or maintaining protective measures, the Commission can require an escrow for tree removal and tree planting as set in §
56-10B. The escrow will be held for a term of two years beginning at the time of deposit. At the end of this term a qualified tree professional will evaluate the tree to determine if the tree is healthy, damaged, or dying. In the event that no damage was done to the tree, the escrow will be refunded.
(1) The property owner, developer, or contractor may appeal to the Commission
the request for escrow. The Commission will hold a hearing at which
the property owner, developer or contractor will be allowed to provide
an assessment from a third-party qualified tree professional. The
Commission shall promptly review the necessity or reasonableness of
the escrow.
D. In cases where the Commission has given a property owner permission
to remove a Borough tree, the Commission may further require the property
owner to replace the tree or otherwise provide for its replacement,
and to post a performance bond for such replacement.
E. The tree removal and replacement assessments shall be paid into the Fund described in §
56-11.
[Added 6-26-2023 by Ord. No. 2023-09]
Tree removal and/or replacement assessments shall be maintained in the Borough Trust Fund account. The escrows shall be maintained in the Borough Developer Escrow account. Such funds shall include any monies collected pursuant to §
56-10B and
C of this chapter, donations and any other fund-raising program established by the Commission. The governing body, with the advice of the Commission, shall authorize appropriations from the Fund.
Nothing in this chapter shall prevent the appropriate municipal
body from enforcing any other ordinance of the Borough dealing with
property maintenance, which may include maintenance of trees on private
property or abutting public sidewalks adjacent to private property.