[HISTORY: Adopted by the City Council of
the City of Vineland as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-23-2007 by Ord. No. 2007-5]
As used in this article, the following terms
shall have the meanings indicated:
Trees, shrubs, bushes and all other woody vegetation in public
parks having individual names and in all areas owned by the City or
to which the public has free access as a park.
Trees, shrubs, bushes and all other woody vegetation on land
lying between property lines on either side of all streets, avenues
or ways within the City.
[Amended 10-28-2008 by Ord. No. 2008-71]
There is hereby created and established a City
Tree Committee for the City, which shall be a subcommittee of the
Environmental Commission, and shall consist of five members.[1]
[1]
Editor's Note: Original Section 3, Terms of office, which
immediately followed this section, was repealed 10-28-2008 by Ord.
No. 2008-71.
Members of the Committee shall serve without
compensation.
A.
It shall be the responsibility of the Committee to
study, investigate, counsel, develop and update annually and administer
a plan for the care, preservation, pruning, planting, replanting,
removal or disposition of trees and shrubs in parks, along streets,
and in all other public areas. Such a plan will be presented annually
to City Council and, upon its acceptance and approval, shall constitute
the official comprehensive tree plan for the City of Vineland.
B.
The Committee, when requested by City Council, shall
consider, investigate, make findings of fact, and make recommendations
upon any special matter or question coming within the scope of its
duties.
The Committee shall choose its own officers
and keep a journal of its actions. A majority of the members shall
be a quorum for the transaction of business.
[Amended 10-28-2008 by Ord. No. 2008-71]
A.
A list of official street tree species for Vineland, New Jersey,
shall be maintained by the Vineland Environmental Commission. No species
other than those included in this list may be planted as street trees
without written permission of the City Tree Committee.
The spacing of street trees will be in accordance with the three species classes listed in § 682-6 of this article, and no trees may be planted closer together than the following:
The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in § 682-6 of this article, and no trees may be planted closer to any curb or sidewalk than the following: small trees, two feet; medium trees, three feet; and large trees, four feet away.
No street tree shall be planted within less
than 20 feet of any street corner, measured from the point of nearest
intersection curbs or curblines. No street tree shall be planted closer
than 10 feet to any fireplug.
The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The City Tree Committee may remove or cause to be removed, by either the Department of Public Works or a licensed arborist, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric lines, gas lines, waterlines or other public improvements, or is affected with any injurious fungus, insect or pest. This section does not prohibit the planting of street trees by adjacent property owners, providing that the selection and location of said trees is in accordance with §§ 682-6 through 682-10 of this article.
It shall be unlawful as a normal practice for
any person, firm or City department to "top" any street tree, park
tree or other tree on public property, unless specifically exempt
by state law. "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. Trees severely damaged by storms or other causes, or certain
trees under utility wires, or other obstructions where other pruning
practices are impractical may be exempt from this article at the determination
of the City Tree Committee.
A.
Every owner of any tree overhanging any street right-of-way
within the City shall prune the branches so that such branches do
not obstruct the light from any street lamp or obstruct the view of
any street intersection and so that shall be a clear space of eight
feet above the surface of the sidewalk. Said owners shall remove all
dead, diseased or dangerous trees, or broken or decayed limbs which
constitute a menace to the safety of the public.
B.
The City shall have the right to prune any tree or
shrub on private property when it interferes with the proper spread
of light along the street from a streetlight or interferes with visibility
of any traffic control device or sign.[1]
[1]
Editor's Note: Original Section 14, Dead or diseased tree
removal on private property, which immediately followed this section,
was repealed 10-28-2008 by Ord. No. 2008-71.
It shall be unlawful for any person to prevent,
delay or interfere with the City Tree Committee, or any of its agents,
or servants, while engaging in and about the planting, cultivating,
mulching, pruning, spraying or removing of any street tree, park tree
or tree on private grounds, as authorized in this article.
[Amended 10-28-2008 by Ord. No. 2008-71]
No person or firm shall engage in pruning, treating, or removing
street or park trees within the City without first applying for and
procuring a permit, along with approval of the City Tree Committee
for said activity. The permit fee shall be $25 annually in advance;
provided, however, that no permit shall be required of any public
service company or City employee doing such work during the course
of employment. Before any permit shall be issued, each applicant shall
first file evidence of possession of liability insurance in the minimum
amounts of $25,000 for bodily injury, of $10,000 for property damage,
indemnifying the City or any person injured or damaged resulting from
the pursuit of such endeavors as herein described.
City Council shall have the right to review
the conduct, acts and decisions of the City Tree Committee. Any person
may appeal from any ruling or order of the City Tree Committee to
City Council, who may hear the matter and make the final decision.
A.
In the event the Department of Public Works determines
that any tree is in hazardous or dangerous condition, such hazard
or danger may be immediately removed without delay.
B.
During the period of emergencies such as hurricane,
windstorm, flood, freeze, or other disasters, the requirements of
this article may be waived by the City. Said waiver must be for a
specified time and may not be for an indefinite period.
