[HISTORY: Adopted by the Mayor and Council of the Town of
Secaucus 10-12-93 as Ord. No. 93-59. Amendments noted where applicable.]
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.
A.
The Mayor and Council or the Administrator of Tree Conservation in
consultation with the Advisory Committee of Tree Conservation shall
enforce all provisions hereof.
The Mayor and Council shall appoint an Administrator of Tree
Conservation to administer and enforce the provisions hereof, consistent
with this chapter. Such appointee shall serve at the pleasure of the
Mayor and Council. Such person shall be known as Administrator of
Tree Conservation.
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.
A.
Without limiting any other provisions hereof, the Mayor and Council
or the Administrator of Tree Conservation in consultation with the
Tree Advisory Committee of Conservation shall:
(1)
Exercise full and exclusive control over the regulation, planting,
care of shade and ornamental trees, shrubbery and grass now located,
or which may hereafter be planted in or upon any public street, park
or parkway, except county parks or parkways, including the planting,
trimming, spraying, care and protection of the same for the public
good, and to regulate and control the use of the ground surrounding
the same, so far as may be necessary for their proper growth, care,
and protection.
(2)
Require the removal of any tree, or part thereof, dangerous to public
safety and to require the replacement of any tree removal with an
appropriate species.
(3)
Administer treatment to, or remove, any tree or shrub situated upon
private property which is believed to harbor a disease or insects
readily communicable to neighboring healthy trees or shrubs in the
care of this town and enter upon private property for that purpose,
with the consent of the owner thereof, provided the suspect condition
is first confirmed by certification issued by or on behalf of the
Department of Agriculture.
B.
The Mayor and Council or Administrator of Tree Conservation shall
be empowered specifically to control and protect shade trees and shrubs,
and shall enforce the provisions of this chapter:
(1)
No person shall do, or cause to be done, any of the following acts
upon a public highway, public park or other public place within the
town without the written permission of the Mayor and Council or the
Administrator of Tree Conservation:
(a)
Cut, trim, break, climb with spikes, disturb the roots of, or
otherwise injure, or spray with any injurious chemical, or remove
any living tree or shrub, or injure, misuse or remove any structure
or device planted to support or protect such trees or shrubs.
(b)
Plant any tree or shrub.
(c)
Fasten any rope, wire electric attachment, sign or other device
to a tree or shrub or to any guard about such tree or shrub.
(d)
Close or obstruct any open space provided about the base of
a tree or shrub to permit the access of air, water or fertilizer to
the roots of such tree or shrub.
(e)
Pile any building material, or mix any mortar or cement within
six feet of a tree or shrub.
(2)
Tree topping. It shall be unlawful for any person to top any street
tree. For the purpose of this chapter, "topping" is defined as the
severe cutting back of limbs to stubs larger than three inches in
diameter within the tree's crown to such a degree so as to remove
the normal canopy and disfigure the tree. Trees severely damaged by
storms or other causes, or certain trees under utility wires or other
obstructions where other pruning practices are impractical, may be
exempt from this ordinance at the determination of the Administrator
of Tree Conservation.
(3)
Placing of guards. Throughout the period of erection, or repairs
of any building or structure, or in the improvement of repairs of
a highway, the owner thereof, or the contractor, shall place such
guards around all nearby trees on the public highways, as shall effectually
prevent injury to such trees.
(4)
Transmission of electric current. All persons including Public Utilities
Commission having control over any wire for the transmission of an
electric current along a public highway shall at all times guard all
trees through which or near which such wires pass against any injury
from the wires or from the electric current carried by them. The device
or means used shall in every case be subject to approval of the Administrator
of Tree Conservation.
(5)
Injurious liquids. No person shall permit any brine, gas, or injurious
liquid or solid matter to come in contact with the stem or roots of
any tree or shrub upon a public highway.
(6)
Tree maintenance. Property owners of trees extending over a town
right-of-way or rubbing against town owned buildings or structures
are required to trim, or remove same to the extent necessary to preserve
same in a healthy condition or to prevent same from endangering the
public welfare, interfering with public travel or traffic sidewalks,
streets, highways or the right-of-way. As trees come to mature height,
all branches over road must be elevated in a manner to allow free
movement of traffic.
(a)
Whenever it shall become the duty of any such owner of such
tree to trim or remove such tree under the requirements of this chapter
and the work as directed by the Administrator of Tree Conservation
shall not have been done at the expiration of (30) days after personal
notice to such owner or 35 days after mailing of a notice, postage
prepaid, to the post office address of such owners, or satisfactory
explanation shall not have been presented for such failure, then the
Mayor and Council or the Administrator of Tree Conservation may authorize
such work to be performed under their direction and paid for out of
the monies of the town to the credit of the Town of Secaucus. The
cost of said work shall be certified by the Mayor and Council or their
designee to the Secaucus Chief Financial Officer. Upon filing the
said certificate, the amount of the cost of such work shall be paid
to the town by the property owner.
(b)
If the Mayor and Council or their designee shall require the
removal or remove any such tree as is referred to in this chapter,
a replacement tree, approved by the Secaucus Tree Conservation Administrator,
must be purchased by the owner, through the Town Tree Planting Program.
(7)
Enforcement.
(a)
The requirements of this chapter shall be enforced by the Mayor
and Council or the Administrator of Tree Conservation.
(b)
The Mayor and Council or Administrator of Tree Conservation
may order to be stopped forthwith any tree work or other activity
which it or he/she believes is carried on in violation of any provisions
of this chapter. The order shall be issued in writing within 24 hours
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, then
the order shall be served upon the owner of the property in question.
Thereafter, any further work shall comply with the terms and conditions
of any permit issued by the Administrator of Tree Conservation or
its designee with respect to such property and the provisions of this
chapter.
A.
The Mayor and Council shall appoint persons to serve, without compensation,
on an Advisory Committee called the "Advisory Committee of Tree Conservation"
regarding tree conservation to make recommendations to the Mayor and
Council or the Administrator of Tree Conservation with respect to
any matters within the purview of this chapter. The Advisory Committee
of Tree Conservation shall consist of six members excluding the Administrator
of Tree Conservation, who shall each serve a term of one year commencing
January of each year, except upon the initial appointment of members
upon the adoption of this chapter who shall be appointed to serve
a term expiring December 31 of the year following the date of appointment.
B.
The Advisory Committee of Tree Conservation shall meet regularly,
at least four times per year. Minutes shall be kept at all meetings,
and the same shall be made available for review by the public.
C.
Members of the Advisory Committee of Tree Conservation shall each
have an equal vote. Only members present at a meeting of the Advisory
Committee may vote. The Administrator of Tree Conservation shall chair
all meetings and may participate at all meetings, but shall not vote
except to break a tie.
D.
Meetings of the Tree Conservation Committee shall be called by the
Mayor and Council or the Tree Conservation Administrator or any three
members of the Advisory Committee, which meeting shall require three
days notice to the Mayor and Council, Administrator of Tree Conservation
and the Tree Advisory Committee.
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.
