[Adopted by Ord. No. 96-19]
There is established in the Borough of Chester
a shade tree commission to be known as the "Shade Tree Commission
of the Borough of Chester," consisting of no fewer than five nor more
than seven members to be appointed by the Mayor of the Borough, who
shall be residents of the Borough and serve without compensation.
The members of the Shade Tree Commission shall
be appointed for the term and the Commission organized as set forth
in Chapter 64 of Title 40 of the Revised Statutes of New Jersey.
[Amended 8-1-2023 by Ord. No. 2023-08]
A.
The Shade Tree Commission shall have all of the powers, duties and
responsibilities as set forth in N.J.S.A. 40:64-5, as it may be modified
or amended from time to time, all of which shall be incorporated herein
by reference. These powers include the following:
(1)
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 N.J.S.A. 40:64-1
(state highways without DOT assent) in the municipality for which
they were created, including the planting, trimming, spraying, care
and protection thereof;
(2)
Regulate and control the use of the ground surrounding the same,
so far as may be necessary for their proper growth, care and protection;
(3)
Move or require the removal of any tree, or part thereof, dangerous
to public safety;
(4)
Care for and control such parks and parkways; encourage arboriculture;
make, alter, amend and repeal, in the manner prescribed for the passage,
alteration, amendment and repeal of ordinances by the governing body
of the municipality, any and all ordinances necessary or proper for
carrying out the provisions hereof;
(5)
Administer treatment to, or remove, any tree situate 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 enter upon private property for that purpose, with the consent
of the owner thereof, provided the suspected condition is first confirmed
by certificate issued by or on behalf of the Department of Agriculture.
B.
The Shade Tree Commission may request assistance from the Borough
Administrator in executing these duties.
A.
No person shall do, or cause to be done, any of the
following acts upon streets, highways, public places, parks and parkways,
except county parks or parkways, within the Borough without the written
permit of the Shade Tree Commission:
(1)
Cut, trim, break, climb with spikes, disturb the roots
of, or otherwise injure, or spray with any injurious 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.
(2)
Plant any tree or shrub.
(3)
Fasten any rope, wire, electric attachment, sign or
other device to a tree or shrub or to any guard about such tree or
shrub.
(4)
Close or obstruct any open space provided about the
base of a tree or shrub to permit the access of air, water or fertilizer
to the roots of such tree or shrub.
(5)
Pile any building material, or make any mortar or
cement within six feet of a tree or shrub.
(6)
Top any street tree, park tree or other tree on public
property except as may be authorized by the Shade Tree Commission.
Topping is defined as the severe cutting back of limbs to stubs larger
than three inches in diameter within the tree's crown to such a degree
so as to remove the normal canopy and disfigure the tree, disregarding
trees severely damaged by storms or other causes, or certain trees
under utility wires or other obstructions.
B.
Utility operations. Every person having control over
any wire for the transmission of an electric current along a public
highway shall at all times guard all trees through which such wire
passes against any injury from the wire or from the electric current
carried by it. The device or means used shall in every case be subject
to approval by the Shade Tree Commission.
C.
Fastening animals to trees. No person shall hitch
or fasten an animal to any tree or shrub upon a public highway or
to any guard or support provided for the same, or shall permit an
animal to bite or otherwise injure any such tree or shrub.
D.
Injurious substances. No person shall permit any brine,
gas, or injurious chemical to come in contact with the stem or roots
of any tree or shrub upon a public highway.
E.
Interference with Commission. No person shall prevent,
delay, or interfere with any lawful work undertaken by the Shade Tree
Commission or its authorized agents or agents.
If any person shall continue to violate any of the provisions of this article, or shall neglect or refuse to comply with a lawful order of the Shade Tree Commission, a second or subsequent notification or order shall be construed as an additional notice of violation of this article, and each such additional offense shall subject the offending party, upon conviction, to the same penalty as provided by § 9-34 of this chapter together with the reasonable cost to the Shade Tree Commission to remediate the effect of the violation.
The Borough of Chester Engineer, Zoning Officer,
Public Works Superintendent and Police Department members and such
other persons who may be designated by resolution of the Shade Tree
Commission are hereby designated as authorized agents of the Shade
Tree Commission, who are authorized to serve and execute process in
the Borough on behalf of the Shade Tree Commission.
