[HISTORY: Adopted by the Mayor and Council of the Borough
of Washington 9-4-2012 by Ord.
No. 6-2012.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Trees — See Ch. 83.
Weeds and obnoxious growths — See Ch. 91.
Zoning and land development — See Ch. 94.
[1]
Editor's Note: This ordinance superseded former Ch. 76, Shade
Tree Commission, adopted 3-13-1979 by Ord. No. 6-79.
A.
Trees constitute natural resources contributing to the value of property
throughout the Borough of Washington and promoting the general welfare
of the citizens thereof.
B.
The Borough Council deems essential the protection of trees from
needless removal or destruction with resulting damage from soil erosion,
loss of soil fertility, drainage problems and loss of air quality
as well as water quality.
C.
The preservation of trees will be advanced by the establishment of
rules and regulations regarding their protection or removal.
The regulation, planting, care and control of shade trees upon
or in the streets, highways, public places, parks or parkways of this
municipality shall be exercised by and be under the authority of a
Commission.
[Amended 5-4-2021 by Ord. No. 2021-04]
There shall be a Commission consisting of seven residents of
this municipality, which Commission shall be known as the "Shade Tree
Commission of Washington Borough, New Jersey." The seven persons shall
be appointed by the Mayor and shall serve without compensation. In
the event that a vacancy shall occur during the term of any member,
his or her successor shall be appointed for the unexpired portion
of the term. The terms of office of said Commission shall be in accordance
with N.J.S.A. 40:64-2.
The Shade Tree Commission of the Borough of Washington shall
have the power to:
A.
Exercise full and exclusive control over the regulation, planting
and care of shade and ornamental trees located in the right-of-way
area, or which may hereafter be planted, in any public highway, park
or parkway, including the planting, trimming, spraying, care and protection
thereof.
B.
Regulate and control the use of the ground surrounding the same,
as 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.
D.
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.
E.
Administer treatment to or remove 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 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 Division
of Parks and Forestry.
A.
Except as hereinafter provided, the initial cost of all trees planted
by the Commission, the cost of planting the same, the cost of the
posts and boxes or guards used for the protection thereof and the
cost of the removal of any tree or part thereof dangerous to public
safety shall, if the Commission shall so determine in accordance with
uniform rules and regulations promulgated for this purpose, be a charge
upon the real estate in front of which such tree or trees shall be
planted or removed as an improvement thereof. Such cost, if it is
so determined that it is to be paid by the owner, shall, unless paid
directly to the Commission, be certified by it to the Collector of
Taxes of the municipality, shall thereupon become and be a lien upon
said real estate, shall be included in the next tax bill rendered
to the owner or owners thereof and shall be collected in the same
manner as other taxes against that property.
In every case where the property of an abutting owner will be
chargeable with the cost of planting of any shade tree or trees, the
Commission shall give notice of the meeting at which it is proposed
to consider said planting by publishing the notice at least once,
not less than 20 days before the meeting, in a newspaper circulating
in the municipality, or by personal service of a copy of the notice
upon the abutting owner at least 10 days before the meeting. The notice
shall specify the street, streets or portions thereof on which such
planting is proposed and require all persons who may object thereto
to present their objections in writing at the office of the Commission
at or before the meeting. Before final action shall be taken, all
objections so filed shall be considered. The Commission 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.
No person shall plant, remove, cut above the ground, or disturb
any tree on any street, park, or other public place in the right-of-way
area without writing a letter to the Commission stating their intent.
The person receiving permission needs to hire a licensed professional
tree service to carry out any action.
The Commission may prescribe a fine for the violation of each
of its ordinances in a minimum amount not to exceed $500 for each
violation; and the courts which now or hereafter shall have jurisdiction
over actions for the violation of ordinances of the municipality shall
have jurisdiction in actions for the violation of such ordinances
as the Commission shall enact. Each violation will be individually
evaluated, based on the circumstances. If, as a result of the violation
of any provision of this chapter, the injury, mutilation, or death
of a tree in the right-of-way area is caused, the cost of repair or
replacement, or the appraised dollar value of such tree, shall be
borne by the party in violation.
