Borough of North Plainfield, NJ DEPARTMENTS, COMMISSIONS, COMMITTEES, AUTHORITIES AND AGENCIES

Editor's Note: Former Subsection 2-21.5, previously codified herein and containing portions of Ord. Nos. 677 and 91-10, was repealed in its entirety by Ord. No. 95-27.

§ 2-21.6 Extraneous Employment of Off-Duty Borough of North Plainfield Police Personnel.

[Ord. #00-07, § 2; Ord. No. 03-01; Ord. #06-26; amended 1-13-2020 by Ord. No. 19-11]

Borough of North Plainfield police personnel shall be employed by private employers only in the capacity of a police officer and only during off-duty hours, at such times as will not interfere with the efficient performance of regularly scheduled and/or emergency duty for the Borough, generally within the boundaries of the Borough of North Plainfield. However, Borough police officers may perform such police duties outside of the Borough, pursuant to the provisions of this section, at the direction and discretion of the Borough's Police Chief. Such availability of the Borough police personnel will be subject to Borough needs which might require the withdrawal of such officers at any time.

Any employer wishing to employ off-duty police must obtain the approval of the Chief of Police or his designee, which approval shall be granted if, in the opinion of the Chief or his designee, such employment will not be inconsistent with the efficient functioning and good reputation of the Police Department and would not unreasonably endanger or threaten the safety of the officers who are to perform the work.

An agreement, which is substantially in the first form appended to this section, shall be signed by the private employer and filed with the Borough Police Department.[1]

Editor's Note: The agreement referred to herein may be found at the end of this section.

Charges. The charges to private employers for the extraneous employment of off-duty members of the Borough's police personnel shall be as follows:

The assignment of an off-duty member of the Borough's police personnel to a present assignment shall be compensated at the Class A overtime rate.

The assignment of an off-duty member of the Borough's police personnel to a new assignment shall be compensated at the Class A overtime rate.

The assignment of an off-duty member of the Borough's police personnel to traffic control at a construction site shall be compensated at the Class A overtime rate and shall be compensated at such for a minimum of four hours. When an off-duty member of the Borough’s police personnel is required to work beyond the four-hour minimum, the officer shall be guaranteed an additional two hours minimum of overtime pay.

The above rates of compensation for the assignment of an off-duty member of the Borough's police personnel are subject to increase on a yearly basis, consistent with the contractual percentage wage increase.

The above rates of compensation for the assignment of an off-duty member of the Borough's police personnel do not include administrative and equipment costs. An administrative rate of $5 per hour and an equipment rate charge of $6 per hour shall also be charged to all employers, irrespective of present/new assignment designation, which shall be paid in accordance with this section. Furthermore, any materials and/or supplies used will be billed at the Borough's actual cost plus a 10% administrative cost. The above administrative and equipment rate charges shall be amended from time to time by the Borough by resolution of the Council of the Borough of North Plainfield, and the monies collected as to such shall be the sole property of the Borough.

The North Plainfield Board of Education and all other nonprofit organizations located within the Borough shall be charged the present assignment rate but shall not be subject to the administrative/equipment rate charges set forth above. A "nonprofit organization" shall be defined as an organization established as a nonprofit under the provisions of § 501(c)(3) of the Internal Revenue Code. A copy of the IRS determination shall be placed on file with the Borough's Chief Financial Officer/Director of Finances prior to the waiver of the administrative/equipment rate charges.

All employers shall provide the Borough with an insurance certificate naming the Borough as an additional insured. Said certificate shall, at minimum, meet all the limits periodically established by the Borough.

Any private employer who contracts the Borough or its designee to obtain the services of an off-duty member of the Borough’s police personnel must contact the Borough or its designee at least 12 hours in advance of the initial job schedule or the private employer shall be required to pay each and every contracted off-duty member of the Borough Police Department the minimum four-hour pay at the overtime rate.

The Borough’s designee to oversee the extra-duty program shall be responsible for the billing to employers, payment of monies to applicable police officers and related issues as to the program.

BOROUGH OF NORTH PLAINFIELD

INDEMNIFICATION AGREEMENT REGARDING EXTRANEOUS EMPLOYMENT OF THE BOROUGH OF NORTH PLAINFIELD POLICE PERSONNEL

In consideration of the Borough of North Plainfield Police Department making its officers available to the below-named employer for extraneous employment during an officer's off-duty hours, and in accordance with the appropriate Borough Ordinance, the below-named employer agrees that it will indemnify, save and hold harmless the Borough of North Plainfield, their officials (elected and appointed), officers, employees, agents, designees, representatives and assigns and the Borough of North Plainfield Police Department and their officials (elected and appointed), officers, employees, agents, designees, representatives and assigns from and against any loss, award, damages, settlement, costs, expense and/or liability (including but not limited to, attorney's fees and interest):

(a) arising from any injury suffered by any such officer in connection with the officer's extraneous off-duty employment with the below-named employer (including travel to and from the off-duty site); and/or,

(b) arising from any conduct by any such officer while engaging in the extraneous off-duty employment for the below-named employer; and/or,

(c) arising from any injuries suffered by any person as a result of having to remove the officer from the off-duty extraneous employment.

The below-named employer further acknowledges that the primary concern of the Borough of North Plainfield Police Department is to provide sufficient coverage to the Borough of North Plainfield. The Borough of North Plainfield Police Department will use its best efforts to provide an officer or officers for the extraneous employment however, it cannot guarantee that it will be able to provide an officer or the requested amount of officers for the extraneous police employment. The below-named employer hereby agrees that it will indemnify, save and hold harmless the Borough of North Plainfield, their officials (elected and appointed), officers, employees, agents, designees, representatives and assigns and the Borough of North Plainfield Police Department and their officials (elected and appointed), officers, employees, agents, designees, representatives and assigns from and against any loss, award, damages, settlement, costs, expense and/or liability (including but not limited to, attorney's fees and interest) resulting from the failure to provide an officer or officers for the extraneous police employment.

Employer's Name

Signature

Print Signer's Name

Print Signer's Title

Date

Billing Information

Contact Person

Address

City, State, Zip

Phone Number

Fax Number

§ 2-21.7 Special Law Enforcement Officers.

[Added 12-14-2020 by Ord. No. 20-12]

Appointment, Term of Office, and Supervision. Special law enforcement officers shall be nominated by the Chief of Police to the Mayor, who shall seek the approval of same by the Borough Council for a one-year term. The appointment may be revoked by the Borough for cause after adequate hearing, unless the appointment is for four months or less, in which event the appointment may be revoked without cause or hearing. Nothing herein shall be construed to require reappointment upon the expiration of the term. The special law enforcement officers so appointed shall not be members of the Borough Police Department and their powers and duties shall cease at the expiration of the term for which they were appointed. Special law enforcement officers shall be under the supervision and direction of the Chief of Police or, in the absence of the Chief, another superior officer designated by the Chief of Police.

Qualifications.

A person shall not be appointed as a special law enforcement officer unless the person:

Is a resident of this state during the term of appointment; and

Is able to read, write and speak the English language well and intelligently and has a high school diploma or its equivalent; and

Is sound in body and of good health; and

Is of good moral character; and

Has not been convicted of any offense involving dishonesty or which would make him unfit to perform the duties of his office; and

(f)

Has successfully undergone the same psychological testing that is required of all full-time police officers of the Borough.

In addition to the qualifications established above, a person shall not be appointed as a Class Three special law enforcement officer unless the person:

Is a retired law enforcement officer who is less than 65 years of age; and

Had served as a duly qualified, fully-trained, full-time officer in any law enforcement position eligible for participation in the Police and Firemen's Retirement System (PFRS) or in any federal or bi-state law enforcement agency or as a member of the State Police and was separated from that prior service in good standing; and

Is physically capable of performing the functions of the position, determined in accordance with Police Training Commission guidelines; and

Possesses a New Jersey Police Training Commission Basic Police Officer Certification, New Jersey State Police Academy Certification, or other proof of basic police training approved by the Police Training Commission; and

Has completed the training course for safe schools resource officers developed pursuant to N.J.S.A. 52:17B-71.8; and

(f)

Is hired in a part-time capacity.

Every applicant for the position of special law enforcement officer shall have his or her fingerprints taken, which fingerprints shall be filed with the New Jersey Division of State Police and the Federal Bureau of Investigation.

Classes of Special Law Enforcement Officers.

There shall be three classifications for special police officers. The classifications shall be based upon the duties to be performed by the special law enforcement officer as follows:

Class One. Officers of this class shall be authorized to perform routine traffic detail, spectator control, and similar duties. If authorized by subsequent ordinance, Class One officers shall have the power to issue summonses for disorderly persons and petty disorderly persons offenses, violations of municipal ordinances, and violations of Title 39 of the Revised Statutes. The use of a firearm by an officer of this class shall be strictly prohibited and a Class One officer shall not be assigned any duties which may require the carrying or use of a firearm.

Class Two. Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer. The use of a firearm by an officer of this class may be authorized only after the officer has been fully certified as successfully completing training as prescribed by the Police Training Commission established in the Department of Law and Public Safety, pursuant to N.J.S.A. 52:17B-70.

Class Three. Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer while providing security at a public or nonpublic school or a county college on the school or college premises during hours when the public or nonpublic school or county college is normally in session or when it is occupied by public or nonpublic school or county college students or their teachers or professors. While on duty in the Borough, an officer may respond to offenses or emergencies off school or college grounds if they occur in the officer's presence while traveling to a school facility or county college, but an officer shall not otherwise be dispatched or dedicated to any assignment off school or college property.

The use of a firearm by an officer of this class shall be authorized pursuant to the provisions of N.J.S.A. 40A:14-146.14. An officer of this class shall not be authorized to carry a firearm while off duty unless the officer complies with the requirements set forth in N.J.S.A. 2C:39-6, authorizing a retired law enforcement officer to carry a handgun.

Use of Firearms and Duty Times.

A special law enforcement officer shall not carry a firearm except while engaged in the actual performance of the officer's official duties and when specifically authorized by the Chief of Police to carry a firearm and provided that the officer has satisfactorily completed the basic firearms course required by the Police Training Commission for regular police officers and annual requalification examinations, as required for permanent, regularly appointed full-time officers of the Borough.

Any firearm utilized by a special law enforcement officer shall be returned at the end of the officer's workday to the officer in charge. Special law enforcement officers shall only use a firearm supplied by the Borough.

A special law enforcement officer shall be deemed to be on duty only while the officer is performing the public safety functions on behalf of the Borough, pursuant to this subsection and when the officer is receiving compensation, if any, from the Borough at such rates or stipends as may be established by ordinance. A special law enforcement officer shall not be deemed to be on duty while performing private security duties for private employers, which duties are not assigned by the Chief of Police, or, in the absence of the Chief, other law enforcement officer of the Borough designated by the Chief, or while receiving compensation for those duties from a private employer. A special law enforcement officer may, however, be assigned by the Chief of Police or, in the absence of the Chief, the Chief's designee, to perform public safety functions for a private entity if the Chief of Police, or designee, supervises the performance of the public safety functions. If the Chief of Police, or designee, assigns the public safety duties and supervises the performance of those duties, then, notwithstanding that the Borough is reimbursed for the cost of assigning a special law enforcement officer by a private entity, the special law enforcement officer shall be deemed to be on duty.

§ 2-22 DEPARTMENT OF FIRE PREVENTION AND PROTECTION. [1]

§ 2-22.6 Extraneous Employment of Off-Duty Borough of North Plainfield Fire/EMT Personnel. [1]

Editor's Note: For additional regulations pertaining to the Department of Fire Prevention and Protection, see § 2-11.

§ 2-22.1 Organization of the Department.

[New; Ord. #07-07, S 1]

The Department of Fire Prevention and Protection of the Borough may consist of a Fire Chief, a Deputy Fire Chief, one or more Captains, one or more Lieutenants, Staff Fire Inspector, and such number of firefighters and civilian employees as shall be deemed necessary to properly serve the Borough.

§ 2-22.2 Rules and Regulations.

[New]

The Director is hereby expressly authorized to promulgate rules and regulations for the government of the Department of Fire Prevention and Protection and for the discipline of its members and to amend, supplement and revoke any rules and regulations so promulgated. He shall promulgate such rules and regulations, amendments, supplements and revocations thereof by filing one copy thereof with the Borough Clerk and by posting one copy thereof in a conspicuous place in the Department of Fire Prevention and Protection Headquarters, filing and posting to be accomplished at least 48 hours prior to the effective date of any such rule, regulation, amendment, supplement or revocation.

Any rules and regulations so promulgated, amended supplemented or revoked by the Director shall have the same force and effect as if adopted by the Council. Any rules and regulations so promulgated, amended, supplemented or revoked shall be effective unless and until countermanded by resolution of the Council.

All members of the Department shall be governed by and subject to any rules, regulations, and disciplinary procedures so promulgated, amended or supplemented.

Any member of the Department of Fire Prevention and Protection who shall be incapacitated, guilty of misconduct or guilty of disobedience of any rule or regulation so promulgated shall be subject to suspension, removal, fine, reduction in rank or any other penalty authorized by the rules and regulations so promulgated.

The Director is hereby constituted as the proper authority to conduct any hearing required by New Jersey statute regarding the suspension, removal, fine or reduction in rank of any member of the Department of Fire Prevention and Protection. Any such hearing shall be conducted in accordance with law and shall be public. The Council shall retain its independent authority, pursuant to N.J.S.A. 40:69A-37(b), to remove any officer in accordance with the provisions of such Statute.

§ 2-22.3 Probationary Members.

[Ord. #382, S 7.4-7.11; Ord. #564, S 1; Ord. #629, S 1; New; Ord. #07-07, S 2]

Each person appointed to the Department shall first serve a probationary period of one year from the date of his appointment. During the probationary period, he shall be known as a probationary firefighter. The probationary period of one year may be extended by the Director. Upon successful completion of the probationary period, the appointee shall attain the rank of firefighter.

§ 2-22.4 Call Firefighters.

[Ord. #382, S 7.12, S 7.19, S 7.20; New; Ord. #07-07 SS 3,4]

Organization. The organization of the Call Firefighters shall be determined by the Director.

Call Firefighters Under Direction of Chief. All Call Firefighters shall be under the direction of the Chief of the Uniformed Fire Department at all fires and alarms of fires and any other fire duty assignments. The officer in command at any fire shall have the power summarily to suspend any member of the force for disobedience, misconduct or neglect of duty, such suspension to continue subject to the approval of the Director. All Call Firefighters shall be subject to all Rules, Regulations, General and Special Ordinances as promulgated by the Fire Chief.

Moving from the Borough. Any member of the Call Force moving from the Borough or any adjacent community of which any part of their community borders on the geographic boundaries of North Plainfield or ceasing to be a resident of the Borough or any adjacent community of which any part borders on the geographic boundaries of North Plainfield, shall upon failure to file his resignation within 30 calendar days of either of such above occurring, be removed from the rolls of the Department of Fire Prevention and Protection and his Company.

Call Firefighters shall reside within the Borough of North Plainfield or any of the adjacent communities of which any part of their community borders on the geographic boundaries of the Borough of North Plainfield.

§ 2-22.5 Exemption Certificates.

[Ord. #382, S 7.21; New]

Exemption certificates will be granted to all members of the Department including members of the Call Force who have served as active firemen for the term prescribed by law and have performed sufficient fire duty for the same number of years, either successively or in the aggregate. The time served shall be certified to by the Borough Clerk and Chief of the Department of Fire Prevention and Protection and the sufficiency of fire duty performed shall be certified to by the Chief upon adoption of a resolution by the Council. Certificates will be issued and shall be signed by the Mayor, Borough Clerk, and Chief, and the seal of the Borough of North Plainfield shall be affixed thereto.

Borough of North Plainfield Fire and/or EMT personnel shall be employed by private employers only in the capacity of a firefighter and/or EMT and only during off-duty hours, at such times as will not interfere with the efficient performance of regularly scheduled and/or emergency duty for the Borough, generally within the boundaries of the Borough of North Plainfield. However, Borough firefighters and/or EMTs may perform such duties outside of the Borough, pursuant to the provisions of this section, at the sole direction and sole discretion of the Borough's Fire Chief. Such availability of Borough firefighter and/or EMT personnel will be subject to the Borough needs which might require the withdrawal of such firefighters and/or EMTs at any time.

Any employer wishing to employ off-duty firefighters and/or EMTs must obtain the approval of the Fire Chief, which approval shall be granted, if in the opinion of the Chief, such employment will not be inconsistent with the efficient functioning and good reputation of the Fire Department and would not unreasonably endanger or threaten the safety of the firefighters and/or EMTs who are to perform the work.

An Agreement, which shall be substantially in the form appended to this section shall be signed by the private employer and filed with the Borough Fire Department.

This agreement referred to herein may be found at the end of this section.

Charges. The charges to private employers for the extraneous employment of off-duty members of the Borough's firefighters and/or EMT personnel shall be as follows:

The assignment of an off-duty member of the Borough's firefighter and/or EMT personnel to an assignment shall be compensated at the Firefighter Class A overtime rate, regardless of the firefighter's and/or EMT's current rank.

The assignment of an off-duty member of the Borough's firefighter and/or EMT personnel to a fire watch, as per the New Jersey Uniform Fire Code, or an EMS stand-by, shall also be compensated at the Firefighter Class A overtime rate, regardless of current rank, and shall be compensated at such for a minimum of two hours. Assignments beyond two hours shall be compensated at that same rate for the total number of hours worked.

The above rates of compensation for the assignment of an off-duty member of the Borough's firefighter and/or EMT personnel are subject to increase on a yearly basis, consistent with the contractual percentage wage increase. All rate increases for extraneous firefighter/EMT employment shall be in accordance with the firefighters' current collective bargaining agreement.

The above rates of compensation for the assignment of an off-duty member of the Borough's firefighter and/or EMT personnel do not include administrative and equipment costs. An administrative rate of $5 per hour and an equipment rate charge of $6 per hour shall also be charged to all employers. Furthermore, any materials and/or supplies used will be billed at the Borough's actual cost plus a 10% administrative cost. The above administrative and equipment rate charges may be amended from time to time by the Borough by resolution of the Council of the Borough of North Plainfield and the monies collected as to such shall be the sole property of the Borough.

The North Plainfield Board of Education and all other nonprofit organizations located within the Borough shall be charged the above rates, but shall not be subject to the administrative/equipment rate charges set forth above. A nonprofit organization shall be defined as an organization established as a nonprofit under the provisions of § 501(c)(3) of the Internal Revenue Code. A copy of the IRS determination shall be placed on file with the Borough's Chief Financial Officer/Director of Finance prior to the waiver of the administrative/equipment rate charges.

The Borough Fire Chief shall initiate and forward to the Chief Financial Officer/Director of Finance an identification of the hours worked by and earnings due to the appropriate firefighter and/or EMT personnel, using a form established by the Borough Chief Financial Officer/Director of Finance or his designee.

An invoice from the Borough of North Plainfield for any charge for such firefighter and/or EMT personnel as set forth herein shall be issued by the Borough Chief Financial Officer/Director of Finance. Such payments due from private employers shall be paid within 10 calendar days of receipt of the invoice to:

Borough of North Plainfield

Chief Financial Officer/Director of Finance

263 Somerset Street

North Plainfield, New Jersey 07060

Such payment shall be deposited in a trust account entitled "Firefighters and EMTs, Outside Services." The Borough shall remit to the member of the Borough Fire Department performing such extraneous off-duty service the established amount on the next normal biweekly pay cycle following receipt of such payment. The balance shall be retained by the Borough for administrative and equipment expenses, where applicable.

This subsection shall also apply when a fire watch is ordered by the Fire Official or the Fire Subcode Official, as per the New Jersey Uniform Fire Code and/or the New Jersey Uniform Building Code.

Nothing herein shall be construed to create a conflict with, and/or violation of, any of the terms and conditions of any collective bargaining agreement between the Borough of North Plainfield and the North Plainfield Professional Fire Officers Association, IAFF Local No. 2983 ("Agreement"). To the extent that any such conflict exists or is found to exist, the provisions of the Agreement shall take precedence over any conflicting provision of this subsection. Any and all provisions of this subsection shall be construed in a manner so as not to violate any provision of the Agreement.

[Ord. #09-01]

INDEMNIFICATION AGREEMENT REGARDING EXTRANEOUS EMPLOYMENT OF THE BOROUGH OF NORTH PLAINFIELD FIRE OR EMT PERSONNEL

(Subsection 2-22.6)

In consideration of the Borough of North Plainfield Fire Department making its firefighters, officers and EMTs available to the below-named employer for extraneous employment during their off-duty hours, and in accordance with the appropriate Borough Ordinance, the below-named employer agrees that it will indemnify, save and hold harmless the Borough of North Plainfield, their officials (elected and appointed), officers, employees, agents, designees, representatives and assigns and the Borough of North Plainfield Fire Department and their officials (elected and appointed), officers, employees, agents, designees, representatives and assigns from and against any loss, award, damages, settlement, costs, expense and/or liability (including but not limited to, attorney's fees and interest):

(a) arising from any injury suffered by any such firefighter, officer and/or EMT in connection with their extraneous off-duty employment with the below-named employer (including travel to and from the off-duty site); and/or,

(b) arising from any conduct by any such firefighter, officer and/or EMT while engaging in the extraneous off-duty employment for the below-named employer; and/or,

(c) arising from any injuries suffered by any person as a result of having to remove the firefighter, officer and/or EMT from the off-duty extraneous employment.

The below-named employer further acknowledges that the primary concern of the Borough of North Plainfield Fire Department is to provide sufficient coverage to the Borough of North Plainfield. The Borough of North Plainfield Fire Department will use its best efforts to provide a firefighter, officer and/or EMT for the extraneous employment however; it cannot guarantee that it will be able to provide one or more of the requested firefighter(s), officer(s) and/or EMT(s) for the extraneous employment. The below-named employer hereby agrees that it will indemnify, save and hold harmless the Borough of North Plainfield, their officials (elected and appointed), officers, employees, agents, designees, representatives and assigns and the Borough of North Plainfield Fire Department and their officials (elected and appointed), officers, employees, agents, designees, representatives and assigns from and against any loss, award, damages, settlement, costs, expense and/or liability (including but not limited to, attorney's fees and interest) resulting from the failure to provide a firefighter, officer and/or EMT for the extraneous employment.

Employer's Name

Signature

Print Signer's Name

Print Signer's Title

Date

Billing Information

Contact Person

Address

City, State, Zip

Phone Number

Fax Number

PARTICIPATING MUNICIPALITY

Editor's Note: Former Subsection 2-22.6, Office of Inspector of Combustibles, previously codified herein and containing portions of Ord. Nos. 382 and 750, was repealed in its entirety by Ord. No. 07-07.

§ 2-23 EMERGENCY MANAGEMENT/LOCAL EMERGENCY PLANNING COUNCIL AND EMERGENCY PROCEDURES.

§ 2-23.1 Emergency Management/Local Emergency Planning Council.

[Ord. #627, SS 1-3; Ord. #91-10, S 3]

Established. There is hereby created and established a committee to be known as the "Emergency Management/Local Emergency Planning Council of the Borough of North Plainfield."

Composition. The Emergency Management/Local Emergency Planning Council shall be composed of not more than 15 members to be appointed by the Mayor and to hold office at the will and pleasure of the Mayor. The Mayor shall appoint a Municipal Emergency Management Coordinator from among the residents of the Borough who shall serve for a term of three years subject to the condition that he possess at the time of appointment, or acquire in the time allotted, the qualifications required by law. The Emergency Management Coordinator shall be a member of the Emergency Management/Local Emergency Planning Council.

Duties and Responsibilities. The Emergency Management/Local Emergency Planning Council and Emergency Management Coordinator shall perform all the duties required of them by law; shall advise the Mayor and Council of plans and procedures for combating disasters within the Borough; shall implement such plans and procedures upon their approval by the appropriate authorities, including the coordination of activities by all groups and organizations, both governmental and private, participating in any disaster relief procedures; shall report to the Mayor and Council following the occurrence of any disaster; shall submit such recommendations as shall be determined appropriate; and shall perform such additional duties as shall from time to time be assigned by the Mayor and/or Council not inconsistent with the functions of the Emergency Management/Local Emergency Planning Council.

Activities Approved by Mayor or Council. To the extent not inconsistent with law, all activities of the Emergency Management/Local Emergency Planning Council shall be subject to the prior approval of the Mayor or Council.

§ 2-23.2 Intermunicipal Agreement for Mutual Police and Fire Aid.

[Ord. #692, S 1-5; Ord. #94-04, S 1; Ord. #96-14, S 1]

Agreement Adopted. The following Intermunicipal Agreement for Mutual Police and Fire Aid is hereby adopted:

This Mutual Aid Agreement ("Agreement") is made and entered into by and between the Borough of North Plainfield, County of Somerset, a municipal corporation of the State of New Jersey, and each other participating municipality, as hereinafter defined. In consideration of the mutual promises and covenants contained herein, the parties agree as follows:

Definitions. As used in this Agreement, the following phrases shall have the following meanings:

CHIEF OF POLICE

Shall mean the Chief of Police or other head of a municipal police department, or that person's designee.

EMERGENCY

Shall mean any situation or combination of situations which, in the opinion of the Chief of Police of a requesting municipality, requires the assistance of police or fire personnel, or both, from one or more participating municipalities to protect or promote the public safety or welfare, or to protect police or fire personnel.

FIRE CHIEF

Shall mean the Fire Chief or other head of a municipal fire department, or that person's designee.

Shall mean each municipal corporation of the State of New Jersey which has by ordinance entered into this or a substantially similar Inter-municipal Agreement for Mutual Police and Fire Aid.

REQUESTING MUNICIPALITY

Shall mean a participating municipality which has requested assistance pursuant to this Agreement.

Purpose. It is to the mutual advantage and benefit of the participating municipalities that each agree to render supplemental police and fire assistance to any requesting municipality pursuant to this Agreement.

Authority. Municipal corporations of the State of New Jersey are authorized under N.J.S.A. 40A:14-156 et seq. to provide police and fire assistance outside their territorial jurisdictions. Municipal corporations of the State of New Jersey are authorized under N.J.S.A. 40:8A-1 et seq. to enter into interlocal services agreements with other municipalities.

Scope. This Agreement shall apply to every instance of fire or police emergency assistance between participating municipalities.

Intermunicipal Assistance. The Chief of Police of each participating municipality is authorized to provide assistance to requesting municipalities, to the extent possible without endangering persons or property within the municipality rendering assistance. The members of each police department and fire department supplying aid shall have the same powers, authority, rights and immunities of the members of the police department or fire department of the requesting municipality while providing assistance to a requesting municipality.

Expenses. Each participating municipality shall assume the costs and expense of providing its personnel and equipment to the requesting municipality, except when the requesting municipality receives State or Federal aid by way of reimbursement. When State or Federal aid is received by the requesting municipality, each participating municipality shall certify its costs and expenses to the requesting municipality, and the requesting municipality shall pay the costs and expenses of each participating municipality to the extent necessary so that no participating municipality bears a greater proportion of unreimbursed costs and expenses than the requesting municipality.

Senior Ranking Officer. When police or fire assistance is requested pursuant to this Agreement, the Chief of Police of the requesting municipality shall be the senior ranking officer of all members of any police department rendering assistance, and the Fire Chief of the requesting municipality shall be the senior ranking officer of all members of any fire department rendering assistance.

Injury and Death Benefits. Members of any Police Department or Fire Department who suffer injury while providing assistance pursuant to this Agreement, or their legal representative if death results, shall be entitled to all of the benefits they would have received if injury or death had occurred in the participating municipality where their duties are normally performed. The participating municipality where their duties are normally performed shall provide such injury or death benefits.

Mutual Aid Operations Plan. The Mutual Aid Operations Plan promulgated by the Somerset County Chiefs of Police Association, prescribing the specifics of emergency reciprocal police and fire assistance, is hereby incorporated by reference without inclusion in this Agreement.

10.

Withdrawal from Agreement. Any participating municipality may withdraw from and terminate its part in this Agreement at the end of any calendar year, provided that notice of its intention to terminate is given no later than the prior November 12 to every other participating municipality. Otherwise, the Agreement shall remain in force from year to year.

11.

Report to Governing Body. The Chief of Police and Fire Chiefs in each participating municipality shall annually, as soon after the end of the calendar year as practicable, furnish their respective governing bodies summary reports of services rendered and received under this Agreement, along with comments and recommendations.

§ 2-23.3 Civil Emergency Measures.

[Ord. #631, SS 1-9; New]

Definitions. As used in this subsection:

CIVIL EMERGENCY

Shall mean:

A riot or unlawful assembly characterized by the use of actual force or violence or any threat to use force if accompanied by immediate power to execute such force by three or more persons acting together without authority of law.

Any natural disaster or man-made calamity including flood, conflagration, cyclone, tornado, earthquake or explosion within the corporate limits of the Borough resulting in the death or injury of persons or the destruction of property to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare.

Any other circumstances creating an imminent danger that the public health, safety and welfare will be seriously and substantially impaired to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare.

CURFEW

Shall mean a prohibition against any person walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the Borough during the hours in which a curfew has been imposed, excepting persons officially designated to duty with reference to the civil emergency.

Proclamation by Mayor. When in the judgment of the Mayor a civil emergency as defined herein is deemed to exist, he shall forthwith proclaim in writing the existence of same.

Imposition of Curfew. After proclamation of a civil emergency by the Mayor, he may order a general curfew applicable to such geographical areas of the Borough or to the Borough as a whole, as he deems advisable and applicable during such hours of the day or night as he deems necessary in the interest of the public safety and welfare.

Additional Regulations. After proclamation of a civil emergency, the Mayor may also, in the interest of public safety and welfare, make any or all of the following orders:

Order the closing of all retail liquor stores.

Order the closing of all premises or portions thereof wherein the sale and/or consumption of alcoholic beverages is permitted.

Order the discontinuance of selling, distributing or giving away gasoline or other liquid flammable or combustible products in any container other than a gasoline tank properly affixed to a motor vehicle.

Order the closing of gasoline stations or other establishments, the chief activity of which is the sale, distribution or dispensing of liquid flammable or combustible products.

Order the discontinuance of selling, distributing, dispensing or giving away of any firearms or ammunition of any character whatsoever.

Order the closing of any or all establishments or portions thereof, an activity of which is the sale, distribution, dispensing or giving away of firearms and/or ammunition.

Issue such other orders as are imminently necessary for the protection of life and property.

Emergency Powers. During the period of a declared state of emergency, the Mayor shall have the power to invoke any or all of the following provisions:

Alcoholic Beverages. No person shall consume any alcoholic beverages in a public street or place which is publicly owned or in any motor vehicle driven or parked thereon which is within a duly designated restricted area.

Weapons. No person shall carry or possess any rock, bottle, club, brick, or weapon, who uses or intends to use the same unlawfully against the person or property of another.

Incendiary Missiles. No person shall make, carry, possess or use any type of "Molotov Cocktail", gasoline or petroleum base fire bomb or other incendiary missile.

Restricted Areas. No person shall enter any area designated by the Mayor as a restricted area unless in the performance of official duties or with written permission from the Mayor or his duly designated representative, or such person shall prove residence therein.

Duration. Any civil emergency proclaimed by the Mayor pursuant to the provision of this subsection shall exist for a period of time not to exceed two weeks unless extended by Resolution of the Council for such additional period of time as shall be set forth in the Resolution.

Inherent Power of Mayor. No provision of this subsection shall be construed to limit any statutory or inherent power or authority of the Mayor and the powers and authority granted to the Mayor pursuant to this subsection shall be in addition to any other powers which he shall possess.

Penalty. Any person violating any provision of this subsection or any proclamation, rule or order issued pursuant hereto, or interfering with the implementation of any such proclamation, rule or order, shall be subject to a penalty as established in Chapter 1, § 1-5.

§ 2-24 (RESERVED) [1]

Editor's Note: Former § 2-24, Green Acres Commission, previously codified herein and containing portions of Ord. No. 606, was repealed in its entirety by Ord. No. 95-10.

§ 2-25 GREEN BROOK FLOOD CONTROL COMMISSION. [1]

Editor's Note: For additional regulations regarding flood damage prevention measures in the Borough, see Chapter 20, Flood Prevention.

§ 2-25.1 Preamble.

[Ord. #614]

There exists along the Green Brook and its tributaries certain problems of flooding and flood prevention which concern several municipalities and three counties, as well as other governmental bodies.

The various governmental units affected by such drainage basin recognize the need for cooperative efforts to prevent future floods and to alleviate flooding and flood hazards. Chapter 316, P.L. 1971, authorizes the establishment of a joint flood control commission and provides that the participating municipalities and counties may enter into such a Commission and may define and limit the areas of responsibility and authority of such a Commission, and may set forth the terms under which appropriations shall be made by the participating municipalities and counties.

§ 2-25.2 Creation and Agreement to Participate.

[Ord. #614, S 1]

The Borough of North Plainfield, in the County of Somerset, State of New Jersey, agrees to participate in the creation of and operations of the Green Brook Flood Control Commission, pursuant to Chapter 316, P.L. 1971, as follows:

The municipalities and counties invited to participate in the Commission are: Borough of Bound Brook, Township of Bridgewater, Borough of Dunellen, Township of Green Brook, Borough of Middlesex, Borough of North Plainfield, City of Plainfield, Township of Scotch Plains, and the Borough of Watchung, and the County of Middlesex, County of Somerset, and the County of Union.

§ 2-25.3 Establishment and Activities.

[Ord. #614, S 1]

The Green Brook Flood Control Commission shall be established in accordance with Chapter 316, P.L. 1971 of the State of New Jersey.

The Green Brook Flood Control Commission shall:

Collect, study and analyze data on flooding, past floods and the causes of floods in the area;

Make such data and studies available to the participating members, to the Division of Water Policy and Supply, the Army Corps of Engineers, local and County Planning Boards and officials concerned with subdivisions and development of properties within the floodway and drainage areas;

Keep itself informed as to the availability of State and Federal funds and grants, and the procedures for applying therefor, and shall make such information available to participating members;

Coordinate the activities of the participating members relating to flooding, flood prevention, brook cleaning and the like;

Encourage the acquisition of lands within the floodway and low-lying areas, by appropriate County Park Commission, counties or participating municipalities;

Publicize methods of flood control and flood prevention;

Encourage its participating members, and others, to adopt appropriate ordinances and regulations relating to flood control;

Encourage its participating members to support other programs designed or intended to alleviate flooding;

Perform such other acts and fulfill such other functions as may be permitted by law and as determined by the members, subject to the limitations in this Agreement and subject to the limitations as set forth in Chapter 316, P.L. 1971.

§ 2-25.4 Appropriations.

[Ord. #614, S 1]

The general, administrative and other expenses of the Commission, affecting the Commission as a whole, shall be apportioned among the members as follows:

1/4 thereof to be apportioned among the member counties as follows: Middlesex County 4.2%, Somerset County 12.5%, and Union County 8.3%.

3/4 thereof to be apportioned among the member municipalities, according to a formula taking into account population and frontage along the brook, and resulting in the following: Bound Brook 3.65%, Bridgewater 8.75%, Dunellen 2.95%, Green Brook Township 6.0%, Middlesex Borough 9.65%, North Plainfield 11.05%, Plainfield 17.95%, Scotch Plains 7.05%, and Watchung 7.95%. In the event any of the foregoing municipalities do not join, the formula used to obtain the foregoing percentages shall be re-applied to determine the apportionment among the remaining and participating municipalities.

Whenever a specific project is to be undertaken, involving less than the interests of all of the participating members, or of special benefit to less than all of the participating members, the apportionment of the costs thereof shall be agreed upon by the participating members specially benefited thereby in advance of authorization of such project.

The apportionments set forth herein may be changed by agreement among the participating municipalities and counties, provided, however, that there shall be no increase in the percentage to be contributed by any participant in the expenses set forth in paragraph a above, without the consent of the governing body of such participating members.

§ 2-25.5 Budget.

[Ord. #614, S 1]

The tentative annual budget for the Commission shall be adopted by the Commission no later than January 15 of each year, and such adoption shall be by a vote of at least three county representatives (regardless of the total number of counties represented thereby), and at least nine municipal representatives (regardless of the total number of municipalities represented thereby). A copy of such tentative budget shall be sent to the governing body of each of the participating counties and municipalities within one week of the adoption thereof. Such notice shall include notification of the date fixed by the Commission for final adoption of such budget, which shall be at least three weeks after the date of tentative adoption by the Commission.

Expenditures outside the regular budget for special projects involving two or more of the participating member counties or municipalities (but less than the entire Commission) shall be negotiated and arranged separately among the involved participating members and the Commission.

§ 2-25.6 Quorum.

[Ord. #614, S 1]

Any number of members of the Commission shall have the right to meet at regularly scheduled meetings. Any action taken involving the expenditure of funds, other than clerical and mailing connected with the usual business of the Commission, shall be adopted only at a meeting at which there are at least three County representatives (regardless of the total number of counties represented thereby), and at least nine municipal representatives (regardless of the total number of municipalities represented thereby).

§ 2-25.7 Withdrawal.

[Ord. #614, S 1]

Each member, municipality and county reserves the right, pursuant to Section 2d of Chapter 316, Laws of 1971, to withdraw from the Commission, provided, however, that at least 90 days notice of such intention is given to the Commission, and provided, further that such withdrawal after the adoption of the Commission budget for a given year shall not abrogate the responsibility of the municipality or county to meet its obligations under the budget for such year.

§ 2-25.8 Members.

[Ord. #614, S 2]

Composition. The Mayor, with the advice and consent of the Council, shall appoint two members and one alternate member to the Green Brook Flood Control Commission to serve as Commissioners.

[Ord. #614, S 2]

Councilman; Commissioner. One of the appointees shall be a Councilman of the Borough of North Plainfield and shall serve a term on the Green Brook Flood Control Commission coterminous with his term as a Councilman.

[Ord. #614, S 2]

Other Commissioner. The other appointee shall not be a Councilman of the Borough but may hold other appointive office in the Borough. The terms of such other Commissioner shall be for five years or until his successor shall have qualified.

[Ord. #614, S 2]

Alternate Representative. The appointee as alternate representative shall serve for a term of one year or until his successor shall have qualified and shall be entitled to exercise the privileges and rights as are provided by statute for alternate representatives.

Initial Terms. Anything to the contrary contained herein notwithstanding, the initial term of the Commissioner appointed pursuant to paragraph c above, may be reduced to less than five years pursuant to resolution of the Commission.

§ 2-25.9 Effective Date.

[Ord. #614, S 3]

This section shall take effect immediately upon adoption and publication pursuant to law and upon adoption of similar ordinances by four other municipalities and resolutions by two counties set forth in Subsection 2-25.2, Paragraph a, of this section.

§ 2-26 (RESERVED) [1]

Editor's Note: Pursuant to Ord. No. 09-02, the Borough Council of the Borough of North Plainfield, County of Somerset, State of New Jersey, ordains that the certificate of termination filed with the Borough Clerk by the Parking Authority is hereby approved and all of the assets of the Parking Authority shall be transferred to the Borough and the employees of the Parking Authority, where applicable, shall become employees of the Borough.

§ 2-27 RE-DEVELOPMENT AGENCY.

§ 2-27.1 Creation.

[Ord. #429, S 2.30]

Pursuant to the provisions of Chapter 306 of the Laws of 1949 (N.J.S.A. 40:55C-1 et seq.), as amended, known as the "Re-Development Agency Law" of the State of New Jersey, a body corporate and politic to be known as the "North Plainfield Re-Development Agency" be and the same is hereby created and established.

§ 2-27.2 Projects Limited to Agreement.

[Ord. #429, S 2.31]

The North Plainfield Re-Development Agency shall have such powers as are prescribed under the Re-Development Agency Law except that no project shall be undertaken by the Agency until the Council of this Borough shall have concluded an agreement with the Agency respecting the payments, in lieu of taxes, to be made to the Borough on each project.

§ 2-28 SHADE TREE ADVISORY BOARD. [1]

DIAMETER BREAST HEIGHT OR DBH

Editor's Note: Prior ordinance history includes portions of Ord. No. 98-14.

§ 2-28.1 Purpose.

[Ord. #08-23]

There is hereby created and established a Borough Shade Tree Advisory Board for the Borough of North Plainfield to be responsible for proper planting, maintenance and removal of public shade trees within the Borough of North Plainfield.

§ 2-28.2 Membership.

[Ord. #08-23; Ord. No. 2018-01]

The first Board members may be those five individuals currently serving as members of the Shade Tree Advisory Board. They may be appointed by the Mayor, with the approval of the Borough Council, within 60 calendar days after this section shall become effective, and their terms of office shall commence upon the day of their appointment and be for the respective periods of one, two, three and four years beginning on January 2 next succeeding such appointment. In the event that the membership of the Advisory Board is increased, the new members shall be appointed in such manner that the terms shall expire in accordance with the foregoing. The terms of each appointee shall be designated in his appointment. All subsequent appointments, except to fill vacancies, shall be for the full term of four years, to take effect on January 1. Members of the Advisory Board shall serve without compensation.

§ 2-28.3 Applicability.

[Ord. #08-23]

This section shall apply to all trees located on any land owned by the Borough of North Plainfield and any trees located within the street rights-of-way, parks and public places of the Borough of North Plainfield, except those located in or on State and/or County highways, parks and parkways. This section shall apply to trees located solely on private property only to the extent set forth in Subsection 2-28.12.

§ 2-28.4 Definitions.

[Ord. #08-23]

The following are definitions of terms that are contained within this section. Whenever used in this section, unless a different meaning clearly appears from the context or unless a different meaning is stated in a definition applicable to only a portion of this chapter, the following terms shall have the meanings indicated:

BOROUGH TREE

Shall mean any tree located on any lands owned by the Borough and/or a tree whose base is located in whole or more than 50% within a street right-of-way, park and/or public place of the Borough, except those located in or on State and/or County highways, parks, parkways or other applicable lands.

CODE ENFORCEMENT OFFICER

Shall mean the official of the Borough, specifically designated by the Borough Administrator, who is charged with assisting the Borough Shade Tree Advisory Board with the responsibility of administering this section. In the absence of a designation by the Borough Administrator, the Code Enforcement Officer shall be the Borough Engineer.

CRITICAL FOOTPRINT AREA

Shall mean an area of a new home construction that includes the portions of a private residential lot reserved for driveways and the actual building footprint plus an additional 25 feet beyond the perimeter of the building footprint.

DEVELOPER

Shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

Shall mean the diameter of a tree measured at a point on the tree 4 1/2 feet from ground level.

LANDSCAPING AND TREE SITE PLANS

Shall mean the additional information required when property is being developed and requires subdivision or site plan approval by the Borough as referenced in Subsection 2-28.8 of this section.

PERSON

Shall mean any individual, firm, partnership, association, corporation, agency or other entity.

PRIVATE TREE

Shall be any tree which is not located within a road right-of-way and not on either Borough, State or County property.

REPLACEMENT TREE

Shall mean the tree, including a description of the species and the minimum diameter and height, which is required pursuant to the Subsection 2-28.8 of this section.

RIGHT-OF-WAY

Shall be that distance from the center line of every public road in the Borough extended onto private property as defined by Borough maps.

SHADE TREE

Shall mean any species of tree of greater than 3.90 inches DBH having characteristics which help provide shade, as determined by the Borough Shade Tree Advisory Board.

SITE PLAN

Shall mean a development plan as defined in the Borough Code.

STOP WORK ORDER OR ORDER

Shall mean an order issued by the Code Enforcement Officer or his/her designee to stop any tree work or other activity which he/she believes is occurring in violation of any provision of this section.

SUBDIVISION

Shall mean the division of a lot, tract or parcel of land, including minor subdivisions and major subdivisions, as defined in the Borough Code.

TOPPING

Shall mean the severe cutting back of limbs to stub within the tree crown to such a degree so as to remove the normal canopy and disfigure the tree.

TREE

Shall mean any nursery stock tree with a DBH measurement of 2.50 inches, any flowering or ornamental tree with a DBH measurement of three inches or greater, any deciduous or coniferous tree of six-inch DBH or greater or any coniferous tree eight feet or greater in height.

TREE DRIP LINE

Shall mean a line created by the outer most leaves of a shade tree.

TREE LEAF CANOPY

Shall mean amount of ground area covered by the green leaves when measured horizontally.

TREE REPLACEMENT FUND

Shall mean the fund created to collect money, pursuant to this section, for the purchase and planting of replacement trees.

TREE WELL

Shall mean where fill is required around trees, the tree must be protected by an air well around the trunk, six feet in diameter pursuant to formula provided by the New Jersey School of Nurserymen which will prevent the intrusion of soil. The top of the well must not exceed more than six inches above the original graded level.

VANDALISM

Shall mean any act causing damage, injury and/or disfigurement to a Borough tree.

§ 2-28.5 Public Works Responsibilities.

[Ord. #08-23]

Public Works shall provide a Liaison to the Shade Tree Advisory Board for the purpose of maintaining a good working relationship between the two entities. The Liaison shall attend the Advisory Board meetings each month and shall provide a tree list stating any Borough trees to be either pruned or removed by Public Works, including location of tree, size, species and reason why, any existing hazardous conditions, etc. Any employee responsible for pruning Borough trees shall be trained on the proper techniques. As many members of Public Works as possible (or at least a minimum of three including the Public Works Liaison) shall attend training on such courses as hazardous tree identification, proper cutting and pruning techniques, sidewalk repair/modification around trees, planting techniques, etc. This will ensure that only trained personnel perform such tree work. No Borough tree shall be cut down by Public Works without the approval of the Shade Tree Advisory Board unless that tree is deemed to be in a condition dangerous and/or hazardous to the public safety and/or an emergency is found to exist.

§ 2-28.6 Licensing.

[Ord. #08-23]

It shall be unlawful for any person or entity other than Public Works, to engage in the business of planting, cutting, trimming, pruning, removing, spraying, or otherwise treating public trees without first producing evidence of certification/license showing that they have been certified by a recognized New Jersey licensing entity before the Borough.

§ 2-28.7 Insurance.

[Ord. #08-23]

Before any certification/license referred to in Subsection 2-28.6 shall be issued, each applicant shall first file evidence of possession of worker compensation and liability insurance in the minimum amounts of $1,000,000 for bodily injury or death and $100,000 property damage indemnifying the Borough or any person injured or damaged resulting from the pursuit of such endeavor, as herein described.

§ 2-28.8 Landscaping and Development.

[Ord. #08-23]

In new subdivisions, single-dwelling lots, or when the development of commercial property occurs, the Borough Planning Board or Borough Zoning Board, whichever is applicable, may consult with the Shade Tree Advisory Board with regards to trees shown on site plans if site plans are required by the Borough Planning Board and/or Borough Zoning Board.

When the Borough Planning Board or Borough Zoning Board, whichever is applicable, requires a site plan, such plan shall at least consist of the following:

On a scale of one inch equals 30 feet or less, showing the location of existing trees and clearly marked property boundaries. There shall be a list identifying the number and species of existing trees with a DBH of four inches or greater inventoried. The site plan shall include the lot and block numbers, the street address, if assigned, and a certification of compliance with the requirements of this section;

Locations of streams, drainage ditches and other water courses;

Locations of slopes of greater than 10% where any tree removal is proposed;

The location(s) on the tract where tree (greater than four inches DBH) removal is to take place;

The total acreage of the tract;

The total number, by species of trees with a DBH of four inches or greater which are to be removed;

Specific plans for replacement of removed trees may, at the discretion of the Borough Planning Board or Board of Adjustment, be based on the following requirements:

The replacement trees shall be planted on the property where the trees were removed or in a location designated by the Planning Board or Board of Adjustment, after consultation with the Shade Tree Advisory Board.

The species of trees that are to be replaced shall be approved by the Planning Board or Board of Adjustment after consultation with the Shade Tree Advisory Board.

Whether the removal of trees is justified and is related to an aesthetic and/or economic improvement of the land that is in the best interests of the citizens and property owners of the Borough of North Plainfield.

Whether appropriate measures will be taken to protect the remaining trees on the property during construction.

Whether the design of improvements maximizes tree preservation. Tree removal on new residential lots shall be restricted to inside the critical footprint area. Removal of trees outside the area requires a waiver from the Planning Board or Board of Adjustment, as the case may be, after consultation with the Shade Tree Advisory Board.

Whether the tree mitigation plan/tree replacement plan, as set forth in Subsection 2-28.11b and Subsection 2-28.11c, is satisfactory.

The Borough Planning Board or Board of Adjustment may use the following guidelines for replacement trees.

Replacement trees, including the size and number of trees, shall be planted in accordance with the following table:

Size of Trees Removed (inches DBH)	Required number of Replacement Trees with at least a 2 1/2" DBH for each tree removed
4, but less than 8	1
8, but less than 12	2
12, but less than 18	3
18, but less than 24	4
24, but less than 36	5
36 or above to be determined in consultation with the Shade Tree Advisory Board after consideration of the project, but in any event, not less than 6 trees	6

This Replacement Tree Table may also guide the Borough Planning Board or Board of Adjustment with respect to already developed residential or commercial properties where improvements are to be made.

All replacement trees shall be replaced with the same species, except in the case where the species is known to be disease prone or is otherwise not ecologically or aesthetically appropriate. Other species shall be permitted with the approval of the appropriate Board, after consultation with the Shade Tree Advisory Board. All replacement trees shall be nursery grown, certified and guaranteed to have a minimum DBH of 2.50 inches or the industry standard equivalent for the species if ornamental. All trees shall be balled and burlapped and planted as per Borough standards as provided by the Shade Tree Advisory Board.

Tree Replacement Fund. If all required replacement trees cannot be provided on the subject lot(s), an off-site contribution in the amount of $400 per each required replacement tree shall be made to the Borough's Shade Tree Replacement Fund or a like number of trees to be accepted by the Board. In either case, such fund/trees shall be used for the purchase of or replacement of trees and/or maintenance of Borough trees as determined by the Shade Tree Advisory Board, in consultation with the Borough Administration. The determination to authorize the acceptance of monetary contributions and/or trees shall be made by the Borough Planning Board or Borough Board of Adjustment, as the case may be.

During the development or improvement of an undeveloped or already developed site, no person shall:

Cut down or remove any tree except as permitted by this section or allow or cause such cutting or removal.

Cause or allow any willful damage, injury or disfigurement of any tree growing within the Borough, subject to the provisions of this section. For purposes of this subsection, the actions of any person shall be deemed willful if the damage, injury or disfigurement of any tree is caused as the result of but not limited to the following: cutting, gashing or slitting of any tree; the pouring of any liquid or other material on any tree; or on the nearby ground; the construction or placement of any nonporous material on the ground around any tree so as to cut off air, light or water from the roots; or placement or removal of any soil from within 10 feet of any tree; or the attachment of any type of sign to any tree using nails, staples or other penetrating means of attachment.

Store or pile building material or debris or place construction equipment within 10 feet of any tree. In the event that any tree to be saved in connection with construction as set forth above or any tree planted in mitigation shall die within two years after planting, it shall be replaced by the applicant or the property owner within six months in accordance with the table in Subsection 2-28.8g above.

In connection with any construction, subsequent to tree clearing but prior to the issuance of a building permit or start of construction, snow fencing or other protective barrier acceptable to the official charged with the administration and enforcement of this section shall be placed around tree(s) that are not to be removed that are in proximity to the location of the construction. The protective barriers shall be placed as far from the base of the trunk as possible, optimum 10 feet, to fit the size of the lot and considering the work to be done and shall remain in place until all construction activity is terminated. No equipment, chemicals, soil deposits or construction materials shall be placed within any area so protected by barriers. Any landscaping activities subsequent to the removal of the barriers shall be accomplished with light machinery or hand labor.

Damage due to vandalism. When a tree is vandalized or damaged to the degree that removal is necessary, the person responsible must assume the cost of removal and replacement of the tree as set out in the table in Subsection 2-28.8g of this section.

§ 2-28.9 Planting, Maintenance, and Removal of Borough Trees.

[Ord. #08-23]

Tree Species. Upon request, the Advisory Board shall provide a list of desirable trees with emphasis on native species for planting along Borough streets within the right-of-way and any Borough property.

Spacing. The spacing of Borough street trees will be in accordance with the following three size classes, and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and, large trees, 50 feet; except in special plantings designed or approved by a landscape architect.

Planting. Trees shall not be planted under utility lines unless the species does not reach a height greater than the height to the lowest line. Consideration shall also be given to the blockage of business signs by Borough trees. The distance trees may be planted from curb or curb lines and sidewalks (referred to as green strip) shall be equal to half the space (i.e., centrally spaced). Trees may be planted within the Borough street rights-of-way if no green strip is present or to better avoid utility lines and underground utilities.

Topping. It shall be unlawful as a normal practice for any person, firm, or Borough employee to top any street tree, park tree, or other tree on public property. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where the other pruning practices are impractical may be exempted from this section at the determination of the Advisory Board.

The Advisory Board shall have as one of their duties the location, selection, and identification of any trees which qualify as "Landmark Trees." A tree may qualify as a Landmark Tree if it meets one or more of the following State or County criteria such as species rarity, old age, size, association with a historical event or person, abnormality, scenic enhancement, etc. It is the desire of the Shade Tree Advisory Board to preserve such trees and their history and the unnecessary removal of any heritage, historic, Landmark, or a State designated "Big Trees" so as to save them for posterity.

§ 2-28.10 Adjacent or Abutting Landowner Responsibility.

[Ord. #08-23]

No person shall plant, remove, cut, or disturb any shade or ornamental trees in and upon any streets, highways, public places, parks and parkways of the Borough, except State highways and except County highways, parks and parkways without first filing an application and procuring a permit from the Borough's Construction Office. The person receiving the permit shall abide by the standards set forth in this section. It is permissible for a landowner to remove branches or limbs that overhang their property without a permit, providing they present a hazard and/or danger to the property, and in accordance with pruning techniques/procedures provided by the Shade Tree Advisory Board. The amount of pruning shall be kept to a minimum.

§ 2-28.11 Tree Preservation/Mitigation.

[Ord. #08-23]

Mitigation Required. Mitigation for tree removal shall be considered in accordance with Subsection 2-28.8g and Subsection 2-28.8h. Mitigation shall be required for the removal of trees on any residentially zoned lot or any nonresidentially zoned lot in accordance with site plan approval as provided in Subsection 2-28.8g. However, in no case shall more than up to 30% of all the count of trees on a residential zoned lot or up to 50% of the count of all trees on any nonresidential lot be removed even with mitigation measures. Trees shall be defined for purposes of this section as having a DBH of four inches or greater.

Tree Preservation Plan Submission Requirements. In addition to the standard development application form, the following information shall be required for approval for tree removal:

A rider explaining why each tree is to be removed.

A tree preservation plan that depicts:

The location, species, DBH of all trees to be removed on a surveyed drawing.

The location, species, DBH of each tree within the dripline of each tree to be removed.

The quality, quantity and limits of vegetation on the remainder of the site and within 200 feet of the property line.

The location of the existing and proposed structures, including parking areas, detention basins and other stormwater facilities.

The location of replacement trees, including a replacement schedule indicating species, quantities and size in accordance with Subsection 2-28.8 above.

(f)

List of and location of all damaged and/or hazardous trees.

§ 2-28.12 Private Trees.

[Ord. #08-23]

The Shade Tree Advisory Board shall obtain permission from the property owner to enter onto private property whereon there is located a private tree that is suspected to be a public nuisance and to order its pruning or removal if necessary. This can be any tree that has an infectious disease or insect problem, dead or dying condition, a tree or limb(s) that obstruct street lights, traffic lights, traffic signs, the free passage of pedestrians or vehicles, and/or a tree that poses a safety hazard.

When a person is planting trees on private property, consideration shall be given to the mature size of the tree and its relationship to dwellings, paved areas and other trees. The Shade Tree Advisory Board can assist and advise the homeowner at no charge at the homeowner's specific written request.

Homeowners/landlords/renters and commercial property owners have an inherent right and obligation to keep their existing trees in a healthy and safe condition.

Upon the discovery of any destructive or communicable disease or other pestilence which endangers the growth or health of other trees, or threatens to spread disease or insect infestations, the Borough shall at once cause written notice to be served upon the owner of the property upon which such diseased or infested tree is situated, and the notice shall require such property owner to eradicate, remove or otherwise control such condition within reasonable time to be specified in such notice.

Private trees can be removed at any time if they pose an emergency condition to persons, places and/or utilities. The utility companies shall have the right to trim both private and public trees, in order to provide for ample clearance for the utility lines and equipment in order to provide continuous service.

§ 2-28.13 Issuances of Stop Work Orders.

[Ord. #08-23]

A quorum of the Shade Tree Advisory Board or the Code Enforcement Officer can issue a Stop Work Order to immediately stop any tree work or other activity which is in violation of any provision of this section. The Stop Work Order shall be issued in writing and a copy served upon any person engaged in such tree work or such other activity. If no such person is present upon the property, the Stop Work Order shall be served upon the owner of the property in question.

§ 2-28.14 Penalties, Claims and Appeals.

[Ord. #08-23]

Penalties. Any person who violates any provision of this section or who fails to comply with any notice issued pursuant to provision of the section, upon being found guilty in Municipal Court of violation, shall be subject to a fine not to exceed $500 for each separate offense. Each day during which any violation or the provisions of this section shall occur or continue shall be a separate offense. If, as the result of the violation of any provision of this section, the injury, mutilation or death of a tree is caused, the cost of repair or replacement, or the appraised dollar value of such tree shall be borne by the party in violation as restitution. The value of trees shall be determined in accordance with the latest version of A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens, as published by the International Society of Arboriculture. Any penalties collected shall go into the Borough's Tree Replacement Fund to be used to replace trees in the Borough.

Assessment of Claim. In the event that disease, insect infestation and/or hazardous tree problems are not abated by the date specified in the notice as set forth in Subsection 2-28.12d above, the Shade Tree Advisory Board is authorized to cause the abatement of said disease, insect infested and/or hazardous tree where such shall directly impact neighboring healthy trees. The reasonable cost of such abatement shall be filled as a lien against the property on which the nuisance was located. In addition, the owner of the property upon which the diseased, insect infected and/or hazardous tree problems are as set forth in Subsection 2-28.12d above was located shall be subject to prosecution.

Appeals. Shall be as follows:

Within 10 calendar days of receipt of a decision of the Shade Tree Advisory Board unfavorable to the applicant, the applicant may appeal in writing to the Borough Council, which shall decide the appeal within 30 calendar days of receipt of the notice of appeal. The applicant shall be notified of the decision of the Borough Council by written notice from the Borough Clerk.

Right to Appeal. Any applicant who is adversely affected by any action by the Shade Tree Advisory Board in connection with the enforcement of any provision of this section or of any rule or regulation adopted pursuant hereto may request and shall be granted a hearing on the matter before the Borough Council within the time frame cited above. A written petition requesting such a hearing and containing a statement of the grounds shall be submitted by the applicant to the Borough Council by personal delivery.

Hearing. Upon receipt of such a petition, the Borough Clerk shall set a time and place for such a hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why the decision or action should be affirmed, overruled or modified. The hearing shall be commenced not later than 15 calendar days after the day on which the petition was filed (or as soon thereafter as is practicable), provided that upon application of the petitioner, the Borough Clerk may postpone the date of the hearing for a reasonable time beyond such 15 calendar day period if, in his/her judgment, the petitioner has submitted a good and sufficient reason for such postponement. The Borough Council shall consider the findings of the Shade Tree Advisory Board, and the testimony and submissions, if any, of the petitioner. After such hearing, the Borough Council, shall affirm, overrule or modify the action of aforementioned.