[Adopted 6-24-1999 by Ord. No. 0-12-99]
[Amended 4-24-2006 by Ord. No. 148-2006]
There is hereby established the Advisory Shade
Tree Committee of the Township of River Vale. The Committee shall
consist of seven members, three of whom shall be the Property Maintenance
Officer and the Superintendent of Public Works and the Land Use Administrator.
Their terms of office shall commence upon the day of their appointment.
The terms of office of the additional five members shall commence
upon the day of their appointment and be for the respective periods
of one, two, three, four and five years, beginning on January 1 next
succeeding such appointment. The terms of each appointee shall be
designated in his or her appointment. All subsequent appointments,
except to fill vacancies, shall be for the full term of five years,
to take effect on January 1. The members shall be residents of the
Township, appointed by the Mayor and shall serve without compensation
except as hereinafter provided.
The Committee shall organize within 30 days
after the appointment of its total membership for the remainder of
the then calendar year, and thereafter annually by the election of
one of its members as Chairperson and the appointment of a Secretary,
who need not be a member.
As used in this Part 5, the following terms
shall have the meanings indicated:
Any individual, firm, partnership, association, corporation
or other entity.
Includes any public street or highway, including the right-of-way,
and any park, playground or other property or place owned by or under
the control of the Township of River Vale.
Trees of all types having a diameter of two inches or greater
measured at a point 4 1/2 feet above the ground (diameter breast
height) and any and all shrubs or hedges over three feet in height.
A.
The Advisory Shade Tree Committee shall have exclusive
jurisdiction over all trees and shrubs within the right-of-way lines
of public streets in the Township and is authorized to plant, remove,
maintain and protect trees and shrubs within the right-of-way lines
of public streets and highways and zoned Conservation Districts in
the Township.
B.
To 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. The Committee 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.
D.
To recommend to the Township the creation of amendments
to or repeal of ordinances adopted by the governing body necessary
or proper for carrying out the provisions hereof.
E.
To order treatment and/or removal of any tree situated
upon private property which is believed to harbor a disease or insects
readily communicable to neighboring healthy trees in the care of the
municipality and to enter upon 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
Department of Agriculture.
F.
To study and recommend methods of funding, outside
of municipal taxation, by grants and aid, both state and federal.
G.
To develop a program of tree planting and overall
beautification in areas along the public right-of-way and upon public
property and to develop a master plan for the care and control of
existing shade trees and ornamental trees and the planting of new
trees throughout the Township. Said survey and master plan shall be
submitted to Township Council for its review and approval annually,
but in no event later than March 31 of the next succeeding year.
H.
To give advice relative to shade tree issues to the
Township Joint Planning Board.
I.
To provide a procedure for removing or trimming existing
trees where necessary because the tree is either dead, diseased or
injured by storm or similar consequences.
The cost and expense of planting trees and for
caring for trees which may have been planted or for which care has
been provided by the Committee may be paid for by the Shade Tree Committee
out of such money as may be appropriated from time to time by the
Township Council.
No person, except Township employees acting
under instruction for the Township Council, shall do or cause to be
done any of the following acts within the Township of River Vale street
rights-of-way or the zoned Conservation District without a written
permit issued by the Department of Public Works, on recommendation
of the Property Maintenance Officer:
A.
Cut or trim any limb two inches or more in diameter,
break, climb with spikes, disturb the roots of or otherwise injure
or spray with any chemical or remove any living tree or shrub or injure,
misuse or remove any structure or device placed to support or protect
such tree or shrub.
B.
Plant any tree or shrub.
C.
Fasten any rope, wire, electrical attachment, sign
or other device to a tree or shrub or to any guard about such tree
or shrub, except support ropes or wire.
D.
Close or obstruct any open space provided about the
base of a tree or shrub which will prevent access of air, water or
fertilizer to the roots of such tree or shrub.
E.
Pile any building material or make any mortar or cement
within six feet of a tree or shrub.
F.
Allow any herbicidal gaseous, liquid or solid substance
to make contact with the stem or roots of any trees or shrub within
the Township right-of-way.
G.
Top any tree, "topping" being defined as the severe
cutting back on limbs to stubs larger than three inches in diameter
within the tree's crown to such a degree so as to remove the canopy
and/or disfigure the tree. Trees severely damaged by storms or other
causes or certain trees under utility wires or other obstructions
where normal pruning practices are impractical may be exempted from
this chapter at the discretion of the Shade Tree Committee.
Any person who has received written permission
to remove any tree or shrub must reduce it to the surface of the ground.
No person shall delay or interfere with any
lawful work undertaken by the Advisory Shade Tree Committee or its
authorized agent.
Any person who shall violate any provision of
this Part 5 shall be liable to a fine for the violation of each rule
or regulation in the amount not exceeding $300 for each violation
and/or a replacement of tree illegally removed. Summons for violation
of this Part 5 are to be issued by the Property Maintenance Officer.
