[Adopted 12-2-1985 by Ord. No. 406; amended
in its entirety 6-4-2018 by Ord.
No. 2018-6]
A.
The Shade Tree Committee has been established by ordinance effective
December 2, 1985, amended April 4, 2016. It shall consist of seven
members who shall be residents of this municipality and, when feasible,
have experience or expertise in the area of arboriculture or related
fields.
B.
The purpose of the Shade Tree Committee is to advise Borough Council
in the exercise of its authority over the regulation, planting, care
and removal of shade and ornamental trees and shrubbery upon and in
the streets, highways, public right-of-way and public property of
the Borough of Pennington. This authority shall not extend to state
highways unless the State Highway Department shall assent thereto,
or to county highways, roads, parks and parkways unless a county Shade
Tree Commission is operative and gives assent thereto.
C.
Nothing
in this ordinance shall be construed to limit the exclusive control
of Borough Council over the planting, care and removal of trees and
shrubbery in its public right-of-way and on its public property, including
but not limited to removal of all or part of the roots, branches and
other parts of trees and shrubbery on private property extending into
or over the public right-of-way or public property, except as otherwise
provided by Borough ordinance.
[Added 6-3-2019 by Ord. No. 2019-6]
Trimming, spraying, watering, mulching and other measures
calculated to protect the public safety or the health and well-being
of the tree or shrubbery.
A plan developed by a municipality that outlines the goals
and objectives for managing trees on municipal property with the intent
of minimizing liability to the municipality and maximizing the useful
life of the tree resource. The plan is to be approved by the New Jersey
Department of Environmental Protection, Division of Parks and Forestry,
New Jersey Forest Service.
The land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines. The street lines are
parallel to each other equidistant from the center of the street,
in conformance with prescribed street widths as displayed on the Borough
Tax Map.
Any tree or shrub whose trunk at ground level is not in the
public right-of-way or on public property in whole or in part.
Any tree or shrub whose trunk at ground level is wholly or
partially in the public right-of-way or on public property.
All of the trees and other vegetation in and around our cities
and towns. It includes trees in home landscapes, schoolyards, parks
and greenbelts, utility rights-of-way and cemeteries. It also includes
trees along streets and streams and anywhere else that trees can grow
in and around a community.
The first Shade Tree Committee members were appointed by the
Borough Council within 60 days after December 2, 1985, for the respective
periods of one, two and three years. All appointments, except to fill
vacancies, made on or after January 1, 2017, shall be for the full
term of three years.
The Shade Tree Committee shall organize annually by the election
of one of its members as Chair, and the appointment of a Secretary
who need not be a member.
Any vacancies occurring by reason of the death, resignation
or removal of any Shade Tree Committee member shall be filled for
the unexpired term by the Borough Council.
The Shade Tree Committee in its advisory capacity may:
A.
Recommend to Borough Council legislation and other appropriate action
governing the regulation, care and removal of trees and shrubbery
upon and in the public right-of-way and public property of the Borough,
and use of the ground surrounding them, so far as may be necessary
for their growth, care and protection. All such recommendations shall
be with notice to the Borough's Superintendent of Public Works and
subject to such conditions as the Committee deems appropriate consistent
with the purposes of this chapter, after weighing the following considerations:
(1)
The safety of the public;
(2)
The condition or health of the tree;
(3)
The appropriateness of the location of the tree or shrub;
(4)
The significance of the tree for preservation of the urban forest;
(5)
Opportunities for planting replacement trees or shrubbery conforming
with Shade Tree Committee specifications;
(6)
The immediacy of the need for action;
(7)
The availability of public or private financing for the action contemplated;
and
(8)
Other factors favoring removal or nonremoval of the tree in the best
interests of the Borough and its residents.
B.
Recommend to Borough Council with notice to the Superintendent of
Public Works legislation and other appropriate action to enhance and
protect the public property of the Borough and the public right-of-way,
including:
[Amended 6-3-2019 by Ord. No. 2019-6]
C.
Recommend to Borough Council, with notice to the Borough's Superintendent
of Public Works, the care, treatment or removal of any tree on private
property which is believed to harbor a disease or insect harmful to
trees or other vegetation readily communicable to neighboring healthy
trees or other vegetation in the care of the municipality, and recommend
to Borough Council entry upon the 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 New Jersey Department of Agriculture.
D.
Advise the Borough in the crafting and implementation of its Community
Forestry Management Plan.
[Amended 6-3-2019 by Ord. No. 2019-6]
E.
Encourage private property owners to plant, care for and maintain
shade trees, ornamental trees and ornamental shrubs on their property
as part of the urban forest.
A.
The planting, care and removal of trees and shrubbery upon and in
the public right-of way and public property of the Borough shall be
paid for by the Borough provided the work is:
B.
The removal of all or part of roots and branches extending from trees and shrubbery on private property into public property or into the public right-of-way shall, except as provided by § 177-21 of the Code, also be paid for by the Borough, subject to the same conditions as set forth in the preceding subsection.
[Amended 6-3-2019 by Ord. No. 2019-6]
C.
In other instances involving care or removal of trees and shrubbery on private property pursuant to this ordinance or the Borough Code, the work shall be paid for by the property owner. These instances include the removal of parts of trees and shrubbery on private property extending into the public right-of-way pursuant to § 177-21 of the Code and the removal of trees determined to be diseased or otherwise dangerous to the public safety. The work in each case shall be performed by the Department of Public Works or a contractor retained by the Borough except with respect to work required to be performed by the property owner pursuant to § 177-21.
[Amended 6-3-2019 by Ord. No. 2019-6]
D.
When the Shade Tree Committee determines that a tree on private property
requires removal in whole or in part because it is diseased or otherwise
dangerous to the public safety, the Committee shall give the property
owner 10 days' notice that it intends to recommend removal of all
or part of the tree to Borough Council. Within that ten-day period,
the property owner may request a hearing before the Shade Tree Committee
and the Committee shall report the property owner's objections to
Borough Council. If the public safety requires immediate removal of
the tree, no notice shall be necessary.
E.
The property owner shall also be responsible for the cost of tree removal in the public right- of-way for which the owner has agreed to provide private financing as part of the review process described in § 13-5A.
F.
When the expense of the planting, care or removal of a tree or shrubbery,
including the purchase of trees and shrubbery and replacement trees
and shrubbery, is to be charged to a property owner pursuant to this
article, the following provisions apply:
(1)
When the work is performed by the Borough Department of Public Works, the charges for the work, in addition to out-of-pocket costs, shall be computed according to the pertinent charges for labor and equipment provided in Chapter 98, Fees, of the Code.
(2)
When the work is performed by a contractor retained by the Borough,
in accordance with the Local Public Contracts Law, the charge for
the work shall be the charges and reimbursements incurred by the Borough,
in addition to its out-of-pocket costs.
(3)
Charges for replacement trees will be at actual cost plus 10%.
(4)
The amount due for the work and out-of-pocket costs, unless earlier
paid directly to the Borough by the property owner, shall be certified
by Borough Council to the collector of taxes of the Borough and shall
thereupon become a lien upon the affected real estate and be included
in the next tax bill rendered to the owner or owners thereof and be
collected in the same manner as other taxes against that property.
G.
The planting of trees under the Pennington Memorial Tree planting
program shall be at the expense of the applicant.
No statute giving any person or state, county or municipal board, body or official the power or authority to lay any sidewalk along or to open, construct, curb or pave any street, or to do any similar act, shall be construed to permit or authorize any interference with or injury to trees and shrubbery upon and in the public right-of-way and public property of the Borough without the consent of the Borough Council. In all cases, the Borough Council shall reasonably cooperate with such person, board, body or official for the general public good. If such action causes injury to or demise of the tree, the person or state, county or municipal board, body or official responsible shall pay for a replacement tree meeting the specifications of the Shade Tree Committee pursuant to § 177-6 of the Borough Code.
A.
During the month of October in each year, the Shade Tree Committee
shall certify to the Borough Council the estimated sum necessary for
the proper conduct of work during the ensuing fiscal year, which shall
include the sums estimated to be expended for such of the following
items as it is anticipated expenditure will be made:
(1)
Expenses of Shade Tree Committee members in discharging official
duties, including expenses incident to attendance at professional
meetings.
(2)
Purchase and installation of trees and shrubbery.
(3)
Purchase of necessary equipment and materials and the cost of services
for the prudent promotion of the work.
(4)
Expense of tree maintenance and removal.
B.
The Borough Council shall annually appropriate such sum as it may
deem necessary for these purposes.
The Shade Tree Committee shall adopt rules or procedures, which
shall provide for a regular public meeting each month.
A.
No person shall remove any tree or shrubbery or part of a tree or
shrubbery upon or in the streets, highways, public right-of-way or
public property of the Borough.
[Amended 6-3-2019 by Ord. No. 2019-6]
B.
Any person violating this prohibition shall, upon conviction thereof,
be subject to a fine not exceeding $1,000. Such person also shall
be required to pay for correction of the work as necessary to bring
it into compliance with applicable specifications and requirements.
