[HISTORY: Adopted by the Mayor and Council of the Borough
of Fanwood as indicated in article histories. Amendments noted where
applicable.]
[Adopted 12-15-1971 by Ord. No. 631R as Ch. 34 of the 1971
Code]
[Amended 12-28-1999 by Ord. No. 99-25R]
The regulation, planting, care and control of shade and ornamental
trees and shrubbery upon and in the streets, highways, public places,
parks and parkways of the Borough, except state highways, unless the
New Jersey Department of Transportation shall assent thereto, and
except county highways, parks and parkways, unless the Union County
Department of Parks and Recreation shall assent thereto, shall be
exercised by and under the authority of the Shade Tree Commission
of the Borough, which is hereby created. The Commission shall consist
of five members and two alternate members. The members and alternate
members shall be appointed by the Mayor, shall be residents of the
Borough, and shall serve without compensation.
[Amended 12-28-1999 by Ord. No. 99-25R]
A.
The term of each appointee shall be designated in his appointment.
All subsequent appointments, except to fill vacancies, shall be for
the full term of five years, to take effect on January 1 next succeeding
such appointment.
B.
The two alternate members shall be designated at the time of appointment
as "Alternate No. 1" and "Alternate No. 2" and shall serve during
the absence or disqualification of any regular member or members of
the Commission. The term of each alternate member shall be five years,
commencing on January 1 of the year of appointment.
C.
Alternate members may participate in discussions but may not vote
except in the absence or disqualification of a regular member.
[Amended 12-28-1999 by Ord. No. 99-25R]
The Shade Tree Commission shall reorganize annually during the
month of January and at the reorganization meeting shall elect one
of its members as the Chair, and shall appoint a Secretary, who need
not be a member of the Commission.
[Amended 12-28-1999 by Ord. No. 99-25R]
Any vacancy occurring by reason of the death, resignation or
removal of any Commissioner shall be filled for the unexpired term
by the Mayor.
The Shade Tree Commission organized under this article shall
have power to:
A.
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 § 92-1 of this article, including the planting, trimming, spraying, care, and protection thereof.
B.
Regulate and control the use of the ground surrounding the same so
far as may be necessary for their proper growth, care, and protection.
C.
Move or require the removal of any tree, or part thereof, dangerous
to public safety.
D.
Administer treatment to or remove any tree situated upon private
property, with the consent of the owner thereof, which is believed
to harbor a disease or insects readily communicable to neighboring
healthy trees in the care of the Borough of Fanwood, and enter upon
private property for that purpose, with the consent of the owner thereof,
provided the suspected condition is first confirmed by a certificate
issued by or in behalf of the New Jersey Department of Agriculture.
E.
Care for and control such parks and parkways; encourage arboriculture.
[Added 12-28-1999 by Ord. No. 99-25R]
F.
Hire and terminate employees to carry out the directives of the Commission.
[Added 12-28-1999 by Ord. No. 99-25R]
A.
Except as hereinafter provided, the initial cost of all trees planted
by the Commission, the cost of planting the same, the cost of the
posts and boxes or guards used for the protection thereof, and the
cost of the removal of any tree or part thereof dangerous to public
safety shall, if the Council of Fanwood so determine, be a charge
upon the real estate in front of which such tree or trees shall be
planted or removed as an improvement thereof. Such cost, if it is
so determined that it is to be paid by the owner, shall be certified
by the Secretary of the Commission to the Collector of Taxes of the
Borough of Fanwood, shall thereupon become and be a lien upon said
real estate, shall 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.
In every case where the property of an abutting owner will be
chargeable with the cost of the planting of any shade tree or trees,
the Commission, subject to the approval of the Council, shall give
notice of the meeting at which it is proposed to consider said planting
by publishing the notice at least once, not less than 20 days before
the meeting, in a newspaper circulating in Fanwood, or by personal
service of a copy of the notice upon the abutting owner at least 10
days before the meeting. The notice shall specify the street, streets,
or portions thereof on which such planting is proposed, and shall
require all persons who may object thereto to present their objections
in writing at the office of the Commission at or before the meeting.
Before final action shall be taken, all objections so filed shall
be considered. The Commission shall give reasonable notice of its
intention to remove or cause the removal of a tree, or part of a tree,
dangerous to public safety, unless public safety requires immediate
removal, in which case no notice shall be necessary.
[Amended 12-28-1999 by Ord. No. 99-25R]
A.
No statute giving any person or state, county or Borough board, body
or official 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 a highway shade tree in the Borough without the consent of the
Shade Tree Commission. In all cases, the Commission shall reasonably
cooperate with such person, body or official for the general public
good.
B.
Nothing in this article shall be held to take away or diminish any
of the powers or authority of the Union County Parks and Recreation
Department over the trees or shrubbery in any county park or parkway
within its jurisdiction, or to give any other commission or board
any power or authority with respect to such trees or shrubbery.
[Amended 12-15-1971 by Ord. No. 631R; 12-28-1999 by Ord. No. 99-25R]
A.
In December of each year, the Shade Tree Commission shall certify
to the Mayor and Council the estimated sum necessary for the proper
conduct of its work during the ensuing calendar year, which shall
include the sums estimated to be expended for the following items
as its anticipated expenditures:
(1)
Payment of wages and salaries of employees;
(2)
Expenses of Commission members in discharging official duties, including
expenses incident to attendance at professional meetings;
(3)
Purchase of trees and shrubbery; and
(4)
Purchase of necessary equipment and materials and the costs of services
for the prudent promotion of the Commission's work.
B.
The Mayor and Council shall annually appropriate such sum as it may
deem necessary for said purposes.
[Amended 12-28-1999 by Ord. No. 99-25R]
Nothing contained in this article shall be construed to make
the Shade Tree Commission or any member thereof, or any volunteer
participating in a community forestry program as provided in N.J.S.A.
13:1L-17.4, responsible for the death or injury of any person, or
for an injury to any property or highway tree or shrub. Liability
for any such death or injury shall be governed by the provisions of
the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq.
The Shade Tree Commission is hereby authorized and empowered,
subject to the approval of the Council of the Borough of Fanwood,
to promulgate such written rules and regulations as may be necessary
pursuant to statute for the proper interpretation, administration,
and enforcement of this article; provided, however, that such rules
and regulations do not conflict with the provisions of this article
and that they conform to the general standards prescribed by this
article.[1]
[1]
Editor's Note: See Art. II, Shade Trees and Shrubbery.
[Adopted 12-15-1971 by Ord. No. 631R as Ch. 73 of the 1971
Code]
For the purposes of this article, the terms used herein are
defined as follows:
Every person, firm, association, partnership, corporation
and individual.
The Shade Tree Commission of the Borough of Fanwood and its
duly authorized representatives.
All streets, roads, roadways, public highways, parks or parkways,
public alleys and public places in the Borough, except county parks,
parkways and highways and state highways.
Shade and ornamental trees and shrubbery now located or which
may hereafter be planted on private property or on any public highway,
park or parkway in the Borough, except those located or planted on
county highways, parks and parkways and state highways.
A.
No person, firm or corporation, or individual connected with such
firm or corporation, shall do or cause to be done by others to any
tree, shrub or plant on a public highway or place, either purposely,
carelessly or negligently, without the permission of the Shade Tree
Commission, any of the following acts:
B.
Nothing herein shall prevent any governmental agency from tying a
public notice upon a tree in connection with administering governmental
affairs.
A.
No person or corporation shall, without the permission of the Shade
Tree Commission, place or maintain or cause to be placed or maintained
upon the ground in any public highway or place any stone, cement or
other substance which shall impede the free access of air and water
to the roots of any tree or shrub in any public highway or place.
B.
An open space of not less than two feet outside the trunks of trees
at their bases on all sides must be maintained on all trees on public
highways except where limited by a curb and/or sidewalk.
A.
No person shall place salt, brine, oil or other substances injurious
to plant growth in any public highway or place in such a manner as
to injure any tree or shrub growing thereon.
B.
No person shall build any fire or station any tar kettle, road roller
or other engine in any public highway in such a manner that the heat
vapors or fumes therefrom may injure any tree or shrub growing thereon.
[Amended 9-14-1977 by Ord. No. 683R]
A.
No person, firm or corporation is permitted to lay or repair any
sidewalk or to open, construct, curb or pave any street or do any
like act so as to interfere with or do injury to any public shade
tree without the consent of the Shade Tree Commission.
B.
In the event that it becomes necessary to repair an existing sidewalk, as required under § 259-30 of this Code, and such repair is occasioned by the growth and expansion of the root system of a public shade tree, it is the responsibility of the abutting owner to lift the sidewalk. It shall then be the responsibility of the Shade Tree Commission to trim and treat said root system. Upon the conclusion of said treatment, the abutting owner shall replace said sidewalk.
C.
In the event the owner of the property upon whom notice to repair has been served, as provided in § 259-30, shall fail, neglect or refuse to comply with the provisions of Subsection B hereinabove, within 30 days after such notification, the Shade Tree Commission, in conjunction with the Public Works Committee, may undertake to follow the procedures set forth in Subsection B. The costs thereof, with interest, shall be assessed as a tax upon the abutting property and shall be a lien thereon and collected as other legal assessments and taxes are collected.
D.
Notwithstanding anything contained in Subsections B and C to the contrary, in the event that the Borough determines to repair and/or replace a sidewalk as set forth in § 259-31, it shall be the responsibility of the Borough, and not the abutting owner, to lift and/or replace the sidewalk, and the Shade Tree Commission shall continue to be responsible for trimming and treating the root system.
[Added 5-13-1999 by Ord. No. 98-11R]
A.
In the erection, altering or repairing of any building or structure,
the owner or contractor thereof shall place such guards around all
nearby trees in public highways or places as will effectually prevent
injury to such trees.
B.
No person, firm or corporation shall do any excavating within two
feet of any tree or shrub without the permission of the Shade Tree
Commission.
C.
Shovels and all other implements, machines and tools shall be used
or operated in such a manner as not to damage or destroy any tree,
shrub or plant in any public highway or place.
D.
Where in authorized excavations it becomes necessary to expose or
cut roots more than one inch in diameter, it shall be the duty of
the contractor to protect such roots under advice from the Shade Tree
Commission.
A.
No person, firm or corporation shall, without permission of the Shade
Tree Commission, attach or fasten any wire, insulator or other device
for holding any wire to any tree or shrub in any public highway or
place.
B.
Any utility company or its agents may, with prior permission from
the Shade Tree Commission, prune and remove trees for line clearance
of utility wires.[1]
[1]
Editor's Note: Former § 73-8, Care of trees
on private property, which previously followed this section, was repealed
9-14-1977 by Ord. No. 683R.
[Amended 5-11-1977 by Ord. No. 678R; 12-28-1999 by Ord. No. 99-25R]
Where the permission, consent or approval of the Shade Tree
Commission is required by the provisions of this article, any person,
firm, or corporation required to obtain such permission, consent or
approval shall first make application to the Shade Tree Commission.
If 45 days shall pass after a request or petition is submitted and
no action is taken by the Shade Tree Commission, the Borough Engineer
shall be authorized to give such permission if the application is
otherwise in proper form and circumstances.
[Amended 12-15-1971 by Ord. No. 631R; 12-28-1999 by Ord. No. 99-25R]
A.
The Shade Tree Commission may prescribe a fine for the violation
of each ordinance adopted by the Commission in an amount not exceeding
$2,000 for each violation. This shall be enforced by proceedings in
the Municipal Court in the same manner as the provisions of the Borough
Code are enforced.
[Amended 5-10-2005 by Ord. No. 05-10R; 6-13-2006 by Ord. No. 06-11R]
B.
The Shade Tree Commission may require a person who removes or otherwise destroys a tree in violation of this chapter and/or each ordinance adopted by the Commission to pay a replacement assessment to the Borough in addition to the fine provided in Subsection A.
(1)
The replacement assessment shall be the value of the tree as determined
by the appraisal of a trained forester or certified tree expert retained
by the Shade Tree Commission for that purpose, together with the cost
of the approval.
(2)
In lieu of an appraisal, the Shade Tree Commission may adopt a formula
and schedule based upon the number of square inches contained in a
cross section of the trunk of the tree multiplied by a predetermined
value per square inch, not to exceed $25 per square inch. The square
inch cross section shall be calculated from the diameter at breast
height; and, if there is a multiple-stem tree, then each trunk shall
be measured and an average shall be determined for the tree. For the
purposes of this section, "diameter at breast height" shall mean the
diameter of the tree taken at a point 4 1/2 feet above ground
level.
(3)
The Shade Tree Commission may modify the value of the tree based
upon its species, variety, location and its condition at the time
of removal or destruction.
C.
This section shall not apply to any public utility or cable television
company that clears, moves, cuts or destroys any trees, shrubs or
plants for the purpose of erecting, installing, moving, removing,
altering or maintaining any structures or fixtures, necessary for
the supply of electric light, heat or power, communication or cable
television services upon any lands in which it has acquired an easement
or right-of-way, except where such actions are negligently made.
D.
All moneys collected, either as fines, assessments and/or penalties,
by the Shade Tree Commission shall be paid to the Chief Financial
Officer within 48 hours of their receipt.
