[HISTORY: Adopted by the North Wildwood City
Council 8-23-2017 by Ord. No. 1720. Amendments noted where applicable.]
It is the purpose of this chapter to promote and protect the
public health, safety and general welfare of the residents of the
City of North Wildwood by adopting regulatory standards for the planting,
maintenance and removal of trees, shrubs, and other plants within
the City, in accordance with the City's Community Forestry management
plan and the City's Public Lands Vegetation management plan. Both
the Community Forestry and Public Lands Vegetation management plans
were adopted by Mayor and Council on March 17, 2015, and later approved
by the New Jersey Department of Environmental Protection, and the
Community Forestry management plan is being funded by monetary assistance
through a Green Communities grant.
As used in this chapter, the following terms shall have the
meanings indicated:
The Community Forestry Working Group that is described in
the Community Forestry management plan of the City of North Wildwood.
Trees, shrubs, bushes and all other woody vegetation in public
parks and all areas owned or leased by the City or to which the public
has free access as a park or public site.
Trees, shrubs, bushes and all other woody vegetation on land
lying within public rights-of-way.
The Community Forestry Working Group shall consist of not less
than six persons. The members of the Community Forestry Working Group
shall be appointed by the Mayor and shall serve at the pleasure of
the Mayor. In the event that a vacancy occurs, then a successor member
shall be appointed by the Mayor to fill the vacancy.
Members of the Community Forestry Working Group shall serve
without compensation.
A.
It shall be the responsibility of the Community Forestry Working
Group to study, investigate, counsel, update annually and administer
the Community Forestry and Public Lands Vegetation management plans
for the care, preservation, pruning, planting, replanting, removal
or disposition of trees, shrubs and other vegetation in parks, along
streets and in other public areas.
B.
The Community Forestry Working Group, when requested by the City
Council, shall consider, investigate, make findings, reports and recommendations
upon any special matter or question coming within the scope of its
duties and responsibilities.
The Community Forestry Working Group shall meet on a semiannual
basis, keeping minutes of their proceedings. Group meetings are held
in order to guarantee success and completion of the goals established
in the Community Forestry and Public Lands Vegetation management plans.
Immediately upon preparation of meeting minutes, copies thereof shall
be provided to all members of City Council.
Vegetation plantings, street trees and park trees to be used
on public lands, including parks and streetscapes, to the greatest
extent practicable, shall be confined to those that are set forth
on Exhibit C to the City's Public Lands Vegetation management plan
entitled "List of Acceptable Plantings for Landscapes, Streetscapes
and Parklands."
The spacing of street trees shall be in accordance with the
guidelines that are set forth in the Community Forestry and Public
Lands Vegetation management plans of the City of North Wildwood and
shall conform to standards established by "Trees for New Jersey Streets,"
4th Revision 2000, New Jersey Shade Tree Federation, New Brunswick,
New Jersey. Copies of the Community Forestry and Public Lands Vegetation
management plans of the City of North Wildwood shall be posted on
the City's website and shall be available for public inspection in
the office of the City Clerk.
The distance that trees may be planted from curbs or curblines
and sidewalks shall be in accordance with the guidelines of the Community
Forestry and Public Lands Vegetation management plans of the City
of North Wildwood and shall conform to standards established by "Trees
for New Jersey Streets," 4th Revision 2000, New Jersey Shade Tree
Federation, New Brunswick, New Jersey.
No street tree shall be planted closer than 35 feet from any
street corner, measured from the point of nearest intersecting curbs
or curblines. No street tree shall be planted closer than 10 feet
from any fire hydrant.
No street tree other than those species listed in § 408-7 of this chapter and further listed in the City's Community Forestry and Public Lands Vegetation management plans may be planted under or within 10 lateral feet of any overhead utility wire or over or within five lateral feet of any underground waterline, sewer line, transmission line or other utility.
A.
The City shall have the right to plant, prune, maintain and remove
trees, plants and shrubs overhanging or encroaching upon public rights-of-way
or the lines of all streets, alleys, avenues, lanes, squares and public
grounds as may be necessary to insure public safety or to preserve
or enhance the symmetry and beauty of such public grounds.
B.
The Community Forestry Working Group may remove, or cause or order
to be removed, any tree or part thereof which is in an unsafe condition
and which by reason of its condition constitutes a hazard to sewers,
electric power lines, gaslines, waterlines or other public improvements
or is infected with any injurious disease, fungus, insect or other
pest and, as a result thereof, constitutes a threat to other trees
within the City. 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 the Community Forestry
and Public Lands Vegetation management plans of the City of North
Wildwood.
It shall be unlawful as a normal practice for any person to
top any street tree, park tree or other tree on public property. "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 exempted from this chapter at the determination of the City's
Community Forestry Working Group.
Every owner of any tree overhanging any street, sidewalk or
right-of-way within the City shall prune the branches so that such
branches shall not obstruct the light from any street lamp or obstruct
the view of any street intersection and so that there shall be a clear
space of eight feet above the surface of the street, sidewalk or right-of-way.
Said owners shall remove all dead, diseased or dangerous trees or
broken or decayed limbs which constitute a public safety hazard. 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 street lights or interferes with visibility of any traffic control
device or sign. Pruning activities shall be completed in accordance
with ANSI A300 (Part I) 2008 Pruning (Revised 2014) Tree, Shrub and
Other Woody Plant Management — Standard Practices
(Pruning) and ISA Best Management Practices - Tree Pruning (Revised
2008), a copy of which is maintained by the City Clerk.
The City shall have the right to cause the removal of any dead
or diseased trees on private property within the City when such trees
constitute a hazard to public property or harbor diseases, fungus,
insects or other pests which constitute a threat to the health of
other trees within the City. The Community Forestry Working Group
will notify, in writing, the owners of such trees. Removal shall be
completed by said owners at their own expense within 30 days after
the date of service of notice. In the event of failure of owners to
comply with such provisions, the City shall have the authority to
remove such trees and charge the cost of removal to the property owners,
and those costs shall be a lien upon the property from which the trees
were removed. Such costs shall be added to, and shall form a part
of, the taxes and municipal charges to be assessed and levied upon
the subject property and that sum total amount shall bear the same
rate of interest as unpaid municipal taxes and shall be enforced in
the same manner, including, without limitation, the manner that is
set forth in Title 54 of the New Jersey statutes regarding the enforcement
of unpaid municipal taxes, municipal liens and municipal charges.
It shall be unlawful for any person or firm to engage in the
business or occupation of pruning and treating trees within the City
without first applying for and procuring the necessary licenses in
accordance with federal, state, county and municipal law. However,
no license shall be required for any public utility company or City
employee doing such work in the pursuit of their public service endeavors.
The North Wildwood City Council shall have the right to review
the conduct, acts and decisions of the Community Forestry Working
Group. Any person aggrieved by a decision of the Community Forestry
Working Group may appeal from any ruling or order of the Community
Forestry Working Group to the City Council, who shall hear the matter
and make final decision.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates any of the provisions of this chapter,
upon conviction for such violation, shall be punishable by a fine
not to exceed $2,000, imprisonment for not more than 90 days, or community
service for not more than 90 days, or any combination thereof.
