This chapter shall be titled "Tree Conservation."
The purpose of this chapter is to establish regulation(s) of
the planting of shade and ornamental trees and shrubberies now erected
or hereafter planted within the Town of Secaucus, which regulations
shall include planting, trimming, spraying, caring and protection
thereof, the regulation and control of ground surrounding the same,
the removal of any tree dangerous to the public safety, and the treatment
to and of any tree situated on private property believed to harbor
disease or insects.
The Administrator of Tree Conservation shall enforce and administer
the provisions hereof in consultation with the Advisory Committee
of Tree Conservation. All matters respecting this chapter shall be
addressed to the Administrator of Tree Conservation, and all decisions
of the said Administrator shall be in writing, which writing shall
disclose the matter of any application or determination by such Administrator
stating expressly the recommendation of the Advisory Committee including
a synopsis of minutes of the Advisory Committee respecting such matter.
The Mayor and Council may establish rules and regulations and
amend the same, from time to time, as it deems necessary to enforce
or effectuate the purpose hereof.
Any person wishing to appeal any decision of the Administrator
of Tree Conservation and/or the Advisory Committee of Tree Conservation
may do so by filing such an appeal with the Mayor and Council within
30 days of such written decision of the Tree Conservation Administrator
and/or Advisory Committee stating the basis therefor and the relief
requested whereupon the Mayor and Council shall conduct a hearing
respecting such appeal; the Mayor and Council may affirm, reverse
or remand the decision of the Administrator of Tree Conservation or
the Advisory Committee.
Any person wishing to appeal any decision of the Mayor and Council
shall seek such relief in a court of competent jurisdiction.
[Amended 7-27-10 by Ord. No. 2010-28]
Requests for permits required by the provisions of this chapter
for the performance of work should be directed to the Advisory Committee
of Tree Conservation regarding Tree Conservation, c/o Superintendent
of Public Works, 370 Secaucus Road, Secaucus, New Jersey 07094. A
permit to replace a tree will require a $200 payment to the town to
defray the cost of the replacement tree. If a replacement tree dies
of natural causes within 12 months of planting, the town will replace
that tree at its sole expense.
During the month of December of each year, the Administrator
of Tree Conservation and the said Advisory Committee shall provide
to the Mayor and Council of the Town of Secaucus a recommended estimated
annual budget necessary for the proper operation of this chapter;
the Mayor and Council shall annually appropriate such sums as they
deem necessary for the proper operation and administration of this
chapter.
The Mayor and Council or Administrator of Tree Conservation
may prescribe a fine for the violation of any of its rules or regulations
adopted pursuant thereto, not to exceed $200 for each violation, and
the Secaucus Municipal Court shall have jurisdiction to act on such
violations as the Mayor and Council or Administrator of Tree Conservation
shall enact. The Court may impose any such other penalty of up to
$1,000 per violation or penalty as may be provided by law and impose
such decision to enforce the provisions and intent of this chapter.
Each day that such violation shall continue, shall be deemed to be
a separate and distinct offense.