[Adopted 1-23-2007 by Ord. No. 2007-5]
As used in this article, the following terms
shall have the meanings indicated:
PARK TREES
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.
STREET TREES
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.
Members of the Committee shall serve without
compensation.
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.
B. Trees shall be divided into three classes based on size at maturity.
(1) Large
trees have a maturity height of 40 feet and over.
(2) Medium
trees have a maturity height of 30 feet to 40 feet.
(3) Small
trees have a maturity height of 20 feet to 30 feet.
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:
C. Large trees:
50 feet, except in special plantings designed or approved by the Tree
Committee.
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.
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.
Any person violating any provision of this article, upon conviction or a plea of guilt, shall be punishable as provided in Chapter
1, General Provisions, Article
II, General Penalty.