Laws concerning Shade Tree Commission are contained in
R.S. 40:64-1 et seq. All ordinances must be in conformity with these
provisions.
As used in this chapter:
shall mean the shade tree commission of the Borough of Little
Silver and its duly authorized representatives.
shall mean any ornamental trees and shrubbery now located
or which may hereafter be planted in any public highway, park or parkway
in the borough except those located or planted on county highways,
parks and parkways and state highways.
shall mean all streets, roads, roadways, public highways,
parks or parkways, public alleys, public places in the borough except
county parks, parkways and highways and State highways.
No person shall, without the permission of the shade tree commission,
do or cause to be done by others, either purposely, carelessly or
negligently, to any tree, shrub or plant on a public street, any of
the following acts: cut, prune, climb with spikes, break, damage or
remove; cut, disturb or interfere in any way with any root; spray
with any chemical; fasten any rope wire, sign or other device; or
remove or damage any guard or device placed to protect any tree or
shrub.
Nothing herein shall prevent any governmental agency from putting
a public notice upon a tree in connection with administering governmental
affairs.
No person shall, without the permission of the shade tree commission,
place or maintain or cause to be placed or maintained upon the ground
in any public street any stone, cement or other sidewalk, or any stone,
cement or other substance, which shall impede the free access of air
and water to the roots of any tree or shrub in any public street.
An open space of not less than two feet outside the trunks of
trees at their bases on all sides shall be maintained on all trees
on public streets except where limited by curbs or sidewalks.
No person shall place salt, brine, oil or other substances injurious
to plant growth, in any public street in such a manner as to injure
any tree or shrub growing thereon.
No person shall build any fire or station any tar kettle, road
roller or other engine in any public street in such a manner that
the heat vapors or fumes therefrom may injure any tree or shrub growing
thereon.
No person shall lay any sidewalk along or open, construct, curb
or pave any street or do any like act so as to interfere with or cause
injury to any highway shade tree without the consent of the shade
tree commission.
In the erection, altering, or repairing of any building or structure
the owner or contractor thereof shall place such guards around all
nearby trees in public streets as will effectually prevent injury
to such trees.
No person shall do any excavating within two feet of any tree
or shrub without the permission of the shade tree commission.
Shovels and all other implements, machines and tools shall be
used or operated in such a manner as not to damage or destroy any
tree, shrub or plant in any public street.
Where in authorized excavations it becomes necessary to expose
or cut roots more than one inch in diameter, it shall be the duty
of the contractor to protect such roots under advice from the shade
tree commission.
Every person having or maintaining any electric, telephone,
telegraph, or other wires running through a public street shall securely
fasten and maintain such wires in such a manner as will safeguard
the trees and shrubs against any damage therefrom and shall make periodical
adjustments whenever necessary to prevent damage to trees and shrubs
growing in any public street.
No person shall without permission of the shade tree commission,
attach or fasten any wire, insulator, or other device for holding
any wire, to any tree or shrub in any public street.
Any utility company or its agents may, with prior permission
from the shade tree commission, prune and remove trees for line clearance
of utility wires.
Where the permission, consent or approval of the shade tree
commission is required by the provisions of this chapter, any person
required to obtain such permission, consent or approval shall first
make application therefor, to the shade tree commission.
a.ย
Landscaping
of New Construction.
1.ย
Applicants
for new commercial, industrial or public construction and those proposing
to reconstruct or add to existing commercial, industrial or public
structure shall submit to the shade tree commission a complete landscaping
plan designed and prepared by a New Jersey Certified Landscape Architect.
This plan will accompany and embody and be a part of the site plan
or subdivision plan as required for presentation to the planning board.
The landscape plan shall be submitted in quadruplicate to the shade
tree commission. It shall clearly show in tabular form, land specify
by key, the location, size, quantity, variety and species (common
and botanical names) of plant materials and show the land use of the
area. (See check list attached.)
The landscape plan also shall show location of existing trees,
ten inches caliper or more, wooded areas, groups or groves of trees.
Large trees, ten inches caliper or more, to be removed, shall be indicated.
Changes in grade are to be clearly designated and coordinated with
the site plan. A property maintenance schedule for both turf and shrubbery
shall be part of or accompany the landscape plan.
The scale of the landscape plan is not to be less than one inch
equals twenty feet (1โ= 20โ) for large areas showing the
location of shade trees, large evergreens, etc. โ a scale up
to one inch equals fifty feet (1โ = 50โ) may be used โ
scale for details as specified above โ including the open spaces
between buildings.
For plans dealing with the exact duplication of buildings, typical
foundation plantings may be shown. It is suggested that at least three
different solutions with typical planting for sun and shade be shown.
The landscape plan is to include a sketch to show tree/shrub
planting and other notes and/or sketches to make the plan more explicit.
Should changes in ownership occur the new owner must accept
all provisions of the approved landscape plan including minimum and
replacement as effecting a certificate of occupancy or any unfinished
part of the approved landscape plan.
2.ย
A minimum
of ten percent of a site plan shall be reserved for landscape treatment.
This shall be reasonably distributed within the area. This requirement
shall not affect requirement as set forth for a buffer area. Grade
changes within the area of existing trees are to be carefully considered
with the solution and treatment approved by the shade tree commission.
3.ย
In parking
areas, 500 feet in each 10,000 square feet of space shall be set apart
for landscape treatment. It is recommended that one shade or ornamental
tree be provided for every ten parking places. The base of each tree
shall be left free of solid pavement for a diameter of not less than
six feet, unless tree is placed in a planting strip. (Note โ
stipulation above for existing trees.)
4.ย
Permanent
curbing shall be provided and designated, where necessary, to restrict
motor vehicles from encroachment upon landscaped sections. Curbed
areas shall be drained (if or as needed).
5.ย
Newly
planted trees and other plant materials shall be mulched (minimum
of two inches) with an acceptable medium. Peat moss is not an acceptable
mulch. Acceptable ground covers may be used in lieu of mulching.
6.ย
Nonresidential
uses in residential zones shall have a landscape treatment compatible
with the neighborhood. Requested changes for landscape material, location,
grades etc. from approved landscape plan are to be presented to the
shade tree commission through an amended landscape plan and approved
by the shade tree commission and the planning board. The shade tree
commission reserves the right to have a certificate of occupancy denied
for noncompliance.
7.ย
Shade
Trees. In cases of site plan approval not involving dedicated streets,
shade trees shall be planted along all developed drives and parking
areas in accordance with the context of this section. This may mean
a studied development consisting of shade, flowering and/or evergreen
trees, for a designed use. Shade and other trees spaced no more than
50 feet apart and of variety and location as accepted by the shade
tree commission. Desirable existing plant material and/or trees will
be preserved, whenever possible, and may be part of the street planting
as shown on the plan or stipulated and accepted by the shade tree
commission. Grade changes are to be carefully considered as previously
stated.
b.ย
Buffer
Zones. (See paragraph 2., subsection 17-4.4e of zoning ordinance.)
c.ย
In a
tract being developed for the construction of two or more homes, the
developer shall submit a landscaping plan to the shade tree commission,
to show grade or placement of shade and/or ornamental trees.
d.ย
The building
permit shall not be issued by the building inspector until the landscape
plan has been approved by the shade tree commission.
e.ย
Developer
shall not be permitted to excavate land, remove trees or desirable
plant material from proposed building sites, land to be subdivided,
or other undeveloped land until the landscape plan or use (this would
include plant material to be transplanted) has been accepted and approved
by the shade tree commission.
f.ย
Applicant
or developers of any tract of land or building site shall be required
to post a cash performance bond to cover the cost of the landscaping
which has not been completed before issuance of a certificate of occupancy
with a time limit of one growing season placed for completion should
the designated work not be completed on schedule. The cash performance
bond would be used by the shade tree commission for completion of
work according to an approved landscape plan.
A minimum of 60 percent of the approved landscape plan is to
be completed before the initial certificate of occupancy is granted.
The shade tree commission may waive the requirement due to hardship,
crop failure, weather irregularities, including grading or other reasonable
conditions. The amount of cash performance bond shall be recommended
by the shade tree commission and approved by the mayor and council
of the Borough of Little Silver at the time of application for such
certificate of occupancy, the same to be posted with the mayor and
council of the Borough of Little Silver and shall not be surrendered
until the total landscaping plan has been completed.
g.ย
Certificate
of occupancy, permanent or temporary, shall not be issued by the construction
code official until all above requirements have been satisfied after
consultation with the shade tree commission.
h.ย
Landscaped
areas and sections, including trees, and other plant materials, walls,
fences and the grounds in and surrounding these sections of the project
within its property lines shall be properly maintained throughout
the year (the year being 12 months from final certificate of occupancy)
in accordance with the design intent of landscape plan as approved
by the shade tree commission. Plant materials and/or trees, shown
on the landscape plan, shall be maintained and replaced if dead or
in an unhealthy or damaged condition. Walls and fences shall be kept
in good condition at all times, or shall be replaced should they become
unsightly and/or structurally unsound.
a.ย
Regulations.
1.ย
Any owner,
person, firm or corporation erecting and constructing any new nonresidential
building or building in the Borough of Little Silver, and any person
erecting or constructing two or more residential units within the
borough, shall plant shade trees on the property ownerโs side
of the sidewalk adjacent thereto not closer than eight feet to the
existing sidewalks or future sidewalks or 12 feet from the curb line,
if no sidewalk is to exist, in a place which shall not interfere with
utilities, on which such new construction is located, planting one
tree for every 50 feet of frontage of said property unless the shade
tree commission shall grant a waiver of such planting in writing.
2.ย
Such
new trees to be provided and/or shown on the landscape plan shall
be of variety and size approved by the shade tree commission and shall
be planted in a manner and location approved by the shade tree commission.
The shade tree commission has the authority to reject the choice
of any plant material which in its judgment is not suited to the area
or location or which is highly susceptible to attack by insects and/or
disease.
b.ย
Specifications
for Shade Trees.
1.ย
Approved
varieties shall follow text of โSTREET TREES FOR NEW JERSEY.โ
The shade tree commission is to be consulted for deviation from this
text list of approved varieties.
2.ย
Shade
Tree Size. Trees shall not be less than one and three-quarters to
two inch caliper, measured six inches above ground, not less than
12 feet high. They must be well branched, conform to the habit of
the type, and โheadedโ not less than six feet from the
crown of the root system.
3.ย
Flowering
Trees Size. Flowering or other decorative trees may be of smaller
size than shade tree varieties. These trees shall not be less than
one and one-half inch caliper, measured six inches above the ground
not less than eight feet high. They must be well branched and conformed
to the habit of the type and acceptable to the shade tree commission.
Should the project, in the opinion of the shade tree commission warrant,
larger or more mature sizes of shade trees and other ornamental planting
may be required.
4.ย
Placement.
All trees are to be planted in locations as specified on the landscape
plan and approved by the shade tree commission. Changes made necessary
through unforeseen hardships are to be approved by the shade tree
commission. Large growing (timber types) trees shall not be located
closer than eight feet from the edge of the existing sidewalks or
six feet from property line and in a place which shall not interfere
with utilities. Ornamentals may be planted in the planting strip between
the curb and sidewalks if approved by the shade tree commission providing
the planting strip shall not be less than 50 inches wide. Trees are
to be 25 feet or more from intercepting curbs at street corners and
not more than 50 feet apart.
5.ย
Time
for Planting. Planting season, shall be determined by the shade tree
commission upon consideration of the variety and cultural habits of
the species and subject to warranty.
6.ย
Soil
Excavation. Shade tree pits are to be 24 inches larger than the ball
of earth or the spread of roots. A seepage area shall be provided
if needed, by loosening the soil to a depth of not less than one foot
below the excavation. Planting soil shall be composed of a suitable
mixture of peat, fertilizer and topsoil. In a situation involving
unforeseen circumstances, such as, impervious or dry soils, etc.,
when extra cost will be incurred for tree or landscape planting, the
contractor will not proceed unless authorized by the shade tree commission.
However, such a condition will not excuse the developer from tree
or landscape planting and the developer must accept all cost for correction
and be subject to warranty.
7.ย
Watering.
Each tree is to be sufficiently watered at the time of planting. A
lack of proper watering and/or maintenance will not void the warranty.
8.ย
Staking
and Guying. All newly planted trees shall be double staked. Stakes
shall be two by three inch lumber and to seven feet long. Stakes must
be driven two feet into the ground. Twelve (12) gauge galvanized wire
with trunk protection or rubber hose or plastic straps will be used
to secure trees to the stakes. Stakes to clear B & B (Ball of
Earth) on the spread of roots.
9.ย
Removal
of All Planting Debris. Removal of debris is required. The property
must be left in a neat and orderly condition in accordance with good
and accepted planting practice. A mulched basin to hold and/or catch
water is to be placed for single tree, evergreens etc.
10.ย
Survival.
All plantings which fail to survive for a period of one calendar year
following planting or be in poor condition, shall be replaced by the
contractor without cost or expense to the Borough of Little Silver
or the shade tree commission. Such replacement shall be made within
60 days following a written demand for replacement by the commission
or within such extended period or season as may be specified. The
owner, contractor, or other persons interested as lessee, tenant or
otherwise, of a building or premises where a violation of any provision
of these regulations shall have been committed, or shall exist, may
upon conviction for each violation be fined an amount not exceeding
two hundred ($200.00) dollars. Each day that a violation is permitted
to exist, following a 30 day written notice by the shade tree commission,
shall constitute a separate offense. The fines can be and may be assessed
to the property taxes.
c.ย
Specifications
for General Landscape Planting and Screening. The contractor and/or
owner of each project planting is to notify the shade tree commission
before the work commences, thus quality, planting procedure, soil
conditions, etc. may be observed. Contaminated soil, stumps, old pavement,
debris and/or other trash is not to be buried on site including planting
or construction areas.
1.ย
Approved
Varieties. The quantity, variety, size and species selected for screen
planting shall be subject to the approval of the shade tree commission.
All plantings shall be to a designed purpose.
2.ย
Placement.
Plantings must be a reasonable mature plant distance from the foundation,
wall or fence, but not less than two feet therefrom, except ground
cover. Varieties as selected and specified are to be appropriate for
sun shade, wind, and/or other exposures and will be suitable in mature
size for the location selected.
3.ย
Soil.
Plant pits other than ground covers must be not less than 12 inches
deep and not less than 20 inches in diameter. A seepage area if needed
shall be provided by loosening the soil to a depth of six inches at
the bottom of the excavation. Planting soil shall be composed of a
mixture of peat, fertilizer and topsoil suited to the soil preference
of the listed plant material or similar soil suited to the growth
of the listed plant material.
4.ย
Mulching.
Tree pits and/or plant beds shall be mulched with an approved material
to a minimum of two inches deep. (Peat Moss is not an acceptable mulch)
5.ย
Removal
of All Planting Debris. Removal of debris is required. The property
must be left in a neat and orderly condition in accordance with good
and accepted planting practice.
6.ย
Survival.
All plantings which fail to survive or be in poor condition for a
period of one calendar year following acceptance by the shade tree
commission, shall be replaced by the contractor without cost or expense
to the Borough of Little Silver or the shade tree commission. Such
replacement shall be made within 60 days following a written demand
for replacement by the commission or within such extended period or
season as may be specified. The owner, contractor, or other persons
interested as lessee, tenant or otherwise, of a building or premises
where a violation of any provision of these regulations shall have
been committed, or shall exist, may upon conviction for each violation
be fined an amount not exceeding two hundred ($200.00) dollars. Each
day that a violation is permitted to exist, following a 30 day written
notice by the shade tree commission, shall constitute a separate offense.
The fines can be and may be assessed to the property taxes.
The owner, contractor or other persons interested as lessee,
tenant or otherwise of a building or premises where a violation of
any provision of these regulations shall have been committed or shall
exist may, upon conviction for each violation, be fined an amount
not exceeding five hundred ($500.00) dollars. Each day that a violation
is permitted to exist following a ten day written notice by the shade
tree commission shall constitute a separate offense.