[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 (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/her 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 Chairperson, 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.
B. 
The provisions of this section shall not apply to:
(1) 
A planting to replace a tree or trees theretofore planted by the Commission.
(2) 
A planting in connection with Arbor Day exercises or other educational demonstrations.
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 (Ch. 73 of the 1971 Code)]
For the purposes of this article, the terms used herein are defined as follows:
PERSON
Every person, firm, association, partnership, corporation and individual.
SHADE TREE COMMISSION
The Shade Tree Commission of the Borough of Fanwood and its duly authorized representatives.
STREET
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.
TREE
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:
(1) 
Cut, prune, climb with spikes, break, damage or remove.
(2) 
Cut, disturb or interfere in any way with any root.
(3) 
Spray with any chemical.
(4) 
Fasten any rope, wire, sign or other device.
(5) 
Remove or damage any guard or device placed to protect any tree or shrub.
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: Original § 73-8, Care of trees on private property, of the 1971 Code, which immediately followed, 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 penalty for the violation of each ordinance adopted by the Commission in an amount not exceeding $1,500 for each violation. This shall be enforced by proceedings in the Municipal Court in the same manner as the provisions of the Code of the Borough of Fanwood are enforced.
[Amended 5-10-2005 by Ord. No. 05-10R; 6-13-2006 by Ord. No. 06-11R; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
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 appraisal.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(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 $27 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(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/Treasurer within 48 hours of their receipt.