[Amended in entirety 6-15-2023 by Ord. No. 16-2023. Prior history includes
1990 Code §§ 3-16.1—3-16.7; Ord.
No. 10-2018; Ord. No. 17-2019]
[Amended 6-15-2023 by Ord. No. 16-2023]
a.
The Mayor is hereby authorized to appoint seven persons to act and
be known as the Shade Tree Commission for the City of Lambertville,
New Jersey. In the event of a vacancy, the appointment of the new
member shall be made to complete the unexpired term. All appointments,
except to fill vacancies, shall take effect on January 1, and shall
be for five years.
b.
Ord. No. 10-2018 creates two additional positions on the Shade Tree
Commission, changing the board from a five-member to a seven-member
board. For the first year of the appointment, the first position shall
be for five years, expiring on December 31, 2023, and the second position
shall be for a four-year appointment expiring on December 31, 2022.
c.
The Mayor is hereby authorized to appoint two persons to serve as
Alternate Members on the Shade Tree Commission, to be designated at
the time of appointment as "Alternate No. 1" and "Alternate No. 2.".
For the first year of appointment, the term of Alternate No. 1 shall
commence on the date of appointment and shall expire on December 31,
2028, and the term of Alternate No. 2 shall commence on the date of
appointment and shall expire on December 31, 2026. Thereafter all
appointments, except to fill vacancies, shall take effect on January
1, and shall be for five years.
d.
In the event of a Commissioner's absence or an unfilled vacancy,
Alternate No. 1 shall serve as a Commissioner for the duration of
the Commissioner's absence or vacancy.
[Amended 6-15-2023 by Ord. No. 16-2023]
The provisions of N.J.S.A. 40:64-1 to 40:64-14 as amended wherein
the amendments apply to a municipality shall be part of this section.
[Amended 6-15-2023 by Ord. No. 16-2023]
a.
The Mayor and Council of the City of Lambertville have determined
that the preservation of Shade Trees within the City is beneficially
linked to the health, safety, and well-being of the City's inhabitants,
and enhances the aesthetic and historic character of the City. It
is also recognized that Trees perform beneficial ecological functions
related to air quality, temperature and noise modulation as well as
control of stormwater runoff. This section provides for the protection
of Trees within the Shade Tree Commission's Jurisdiction Zone
from indiscriminate destruction, harm to, or removal as set forth
below.
b.
The establishment of standards for the removal and maintenance of
Trees existing on private property, that also share space within the
Commission's Jurisdiction Zone, is in keeping with the recognition
that actions undertaken on individual properties can have a significant
impact on neighboring properties. Land use and zoning regulations
provide the framework for establishment and preservation of beneficial
standards of environmental, social, economic and aesthetic land use
management, which benefit the maintenance of a healthy urban forest
and Tree canopy.
[Amended 6-15-2023 by Ord. No. 16-2023]
a.
Regulatory Powers: The Shade Tree Commission shall have authority over policy, planning, management and maintenance of any and all Trees, that exist wholly within, or whose Dripline extends into, the Shade Tree Commission's Jurisdiction Zone. These powers shall include, but shall not be limited to, approval and/or disapproval of maintenance, planting, and removal of Shade Trees, enforcement against violations pursuant to Lambertville City Code Section 1-5, General Penalty, and entering onto private property for the purpose of inspection, advising, planting, removal, bracing, shaping, trimming, watering, fertilizing and treatment for pests and disease, and assessment of Shade Tree Hazards.
1.
Private Property within the Jurisdiction Zone: The Property Owner
is responsible for all matters pertaining to Shade Tree planting,
removal, disease control and maintenance subject to Commission review
and approval pursuant to the terms and conditions set forth herein
at the Property Owner's sole expense.
2.
City Owned Property: The Shade Tree Commission shall have authority over all Shade Trees on City-owned property and shall coordinate with the Chairperson of the City's Parks and Recreation Commission and the Department of Public Works, as necessary and appropriate, regarding planting, removal, disease and pest control and maintenance of Shade Trees at the City's sole expense. However, Tree maintenance work as might be necessary and appropriate within parks and other properties owned by the City shall not be subject to the Shade Tree Action Request Procedures set forth in Subsection 3-16.9.
b.
Advisory Role to City Agencies: The Shade Tree Commission may provide
advice and consultation to the City Council, boards, commissions and
personnel, and shall be given a period not to exceed 60 calendar days
to provide review, consultation and recommendations to the Planning
Board, Parks and Recreation Commission, City Council, City Engineer,
Construction Official and the Director of Public Works, as appropriate,
regarding the following:
1.
Tree planting, location, number, species and size or Tree removal
as part of any City sidewalk and/or street construction projects;
2.
Tree planting in connection with the site plan approval process for
private developments; and
3.
Tree pruning, trimming and other Tree maintenance work within parks
and other properties owned by the City.
c.
Educational Role:
1.
Tree Maintenance Information. The Shade Tree Commission shall provide
information about Trees to the public. This information will include,
but not be limited to, proper planting and trimming practices, fertilizing,
treatment and prevention of diseases and pests and general maintenance
of Trees.
2.
Recommended Shade Tree List: The Commission will also maintain a
publicly available Recommended Shade Tree list. The list will identify
native species and will recommend their use where, when or if the
species is appropriate, available and best for a particular location.
3.
Interagency Coordination. The Commission may also participate in
and coordinate with other agencies, Commissions, and organizations
to raise awareness of the importance of supporting an ecologically
balanced and biodiverse urban forest.
[Amended 6-15-2023 by Ord. No. 16-2023]
The following defined terms shall appear with first letter capitalized when used in Section 3-16 et seq., and shall have the meanings indicated:
The eligible person who completes and submits the Shade Tree
Action Request Form to the Commission. For the purposes of this section,
an Eligible Applicant shall be restricted to the entities listed below:
The Property Owner - The owner of the property where the Shade
Tree is located or where a proposed Shade Tree is to be planted; or
The Adjoining Property Owner - In the event the branches of
a Shade Tree encroach across the property boundary to an adjoining
property, the adjoining Property Owner suffering said encroachment
shall be an eligible Applicant; or
The Authorized Agent of a Business Property Owner - In the event
the Shade Tree is located or proposed to be located on property that
is owned by a business entity (e.g. A corporation, LP or LLC), the
business entity's Authorized Agent shall be the eligible Applicant
and documentation of the Authorized Agent's authority to represent
the business entity shall be provided; or
The Authorized Agent of an Individual Property Owner - In the
event the owner of the property where the Shade Tree is located is
unable to complete the Shade Tree Action Request Form, the Property
Owner may submit a signed statement which names an Authorized Agent
and states the scope of the Agent's authority to act on behalf
of the Property Owner.
Property Owner in a Home Owners' Association - In the event
an Applicant wishes to request approval to take an action related
to a Shade Tree within a Home Owners' Association's property
boundaries, the governing body of the Home Owners' Association
must furnish written authorization for the Applicant to make such
a request.
A person having the written authorization to act on behalf
of the person who is the deed holder on a property, or who has the
written authorization to act on behalf of the governing body of the
business entity that is the deed holder on the property.
Any employee of the City's Department of Public Works,
as designated by the Mayor, or any member of the Shade Tree Commission.
The measurement of the diameter of a Shade Tree at twelve
(12) inches above ground. This measurement is used to determine the
Shade Tree size for planting.
The Lambertville Shade Tree Commission.
The diameter of the main stem of a Tree, or the combined
diameters of a multi stemmed Tree, measured four and a half (4.5)
feet above the surface of the uphill side of the Shade Tree. Where
the roots have girdled upward, the measurement shall be taken from
the beginning of the clearest uphill vertical trunk line. The top
diameter of a Stump less than four and a half (4.5) feet tall shall
be considered the "DBH" of an illegally destroyed Shade Tree for the
purpose of calculating recompense.
The area directly under the outer perimeter of a Tree's
branches.
The area or space bordering any public street, sidewalk or
pedestrian walkway which is reserved for public purposes inclusive
of Shade Tree growth and protection. The Jurisdiction Zone shall extend
from the outer edge of the sidewalk or walkway to the outer edge of
the opposite sidewalk or walkway. Where no opposite sidewalk or walkway
exists, the Jurisdiction Zone shall extend eight feet beyond the edge
of the street.
An official letter from the Commission which grants or denies
approval and/or sets conditions for actions applied to a specific
Shade Tree Action Request.
A letter from the Commission which notifies a Property Owner
that a Shade Tree on the Property Owner's property presents a
Shade Tree Hazard as defined herein and which directs appropriate
measures to mitigate said Shade Tree Hazard as may be appropriate.
A physical barrier that is designed and installed to redirect
root growth down and away from sidewalks and other infrastructure.
Any Tree located wholly or in part within the Jurisdiction
Zone, or on private property, which has a Dripline or roots extending
into the Jurisdiction Zone.
A standardized form available from the Commission and on
the City's website that Applicants must submit to the Commission
to request approval for any Commission-regulated action within the
Jurisdiction Zone.
A sudden and unexpected event in which a fallen Shade Tree(s)
or Shade Tree branches result in pedestrian or traffic obstruction(s),
damage or injury to persons or property or damage to utilities.
A condition involving a Tree within the Jurisdiction Zone
that requires immediate action to reduce a risk of falling branch(es)
or structural failure which poses a danger of injury or damage to
persons or property, or obstructs the movement of pedestrian or vehicular
traffic, or obstructs the line of vision in such a manner that drivers
and/or pedestrians are blinded to on-coming traffic.
The part of the Tree and its surface roots which remains
fixed in the ground after the Tree is felled.
A woody perennial plant having a singular usually elongated
main stem usually with few or no branches on its lower part.
A Tree that exhibits any leaves or healthy cambium at a height six feet or greater above the ground. § 3-16.6 Shade Tree Maintenance in Jurisdiction Zone.
A Certified Tree Operator or Licensed Tree Expert pursuant
to N.J.S.A. 45:15C-11 et seq.
[Amended 6-15-2023 by Ord. No. 16-2023]
a.
Property Owners: The maintenance, care or removal of any existing
or newly planted Shade Tree within the Jurisdiction Zone as defined
herein, which requires compliance with any provision of this section
shall be the responsibility of the Property Owner on whose property
the Shade Tree is located. When a Shade Tree trunk is on a property
line, the responsibility for Shade Tree maintenance shall be with
the owner of the property containing the largest percentage of Shade
Tree trunk circumference. In cases where the Property Owner's
lot line does not extend to the edge of the street bordering Property
Owner's lot, the Property Owner shall be responsible for maintenance
of Shade Trees within the Jurisdiction Zone bordering said Property
Owner's property just as if the Property Owner's lot lines
extended to the edge of the street.
1.
Trimming: Property Owners shall keep All branches of mature Shade
Trees trimmed to a branching height of 10 feet over streets and seven
feet over sidewalks, except where the Commission may require greater
height clearances to eliminate obstacles and other hazards to vehicular
and pedestrian traffic and other hazards. Shrubbery and any vegetation
shall be trimmed back to the edge of the sidewalk.
2.
Fallen Leaves and Tree Litter: Fallen leaves, twigs, and branches
shall not be raked into the street or into storm drains.
3.
Shade Tree Hazards: Wherever, in the opinion of the Commission, a
safety hazard is caused by a Shade Tree, whether dead or alive, the
Commission may issue a Notice of Shade Tree Hazard and directive to
the responsible Property Owner to take action to correct the condition.
If, after 30 calendar days from the date of receipt of a Notice of
Shade Tree Hazard from the Commission, the responsible Property Owner
fails to take corrective action as required and directed by the Commission,
the City may have the required work accomplished to address the hazard
and may bill assess the responsible Property Owner for the completed
work. In the event title to the property is transferred before completion
of the hazard remediation measures directed by a Notice of Shade Tree
Hazard, the Property Owner's obligation to complete the directed
hazard remediation shall not be vacated and shall run with the title
to the property.
4.
Care and Protection: Property Owners shall be responsible for care
and protection of their Trees within the Jurisdiction Zone. Unauthorized
removal, trimming, chemical treatment, physical or other damage to
Trees in the Jurisdiction Zone shall be deemed to be caused by the
Property Owner and subject to penalties therefor unless the Property
Owner can prove otherwise.
b.
Adjoining Property Owners: Whenever Shade Trees in the Jurisdiction
Zone grow across property boundaries and encroach upon adjoining properties,
the owner of the adjoining property may exercise rights and authority
as an eligible Applicant and submit a Shade Tree Action Request to
the Commission to remove the encroaching condition.
c.
City of Lambertville: Notwithstanding the Property Owner's responsibilities
for Shade Tree maintenance as set forth above, upon good faith efforts
to provide notice to the Property Owner, the City's Shade Tree
Commission and Department of Public Works retain the right to perform
such routine trimming of low branches as may be necessary from time
to time in the interest of providing clear passage for pedestrian
and vehicular traffic.
[Amended 6-15-2023 by Ord. No. 16-2023]
Except in the case when the Property Owner has been required to take the action pursuant to a written notice or directive issued by the Commission, person or Tree Contractor shall do, or cause to be done, any of the following acts within the Jurisdiction Zone without the written approval of the Commission pursuant to the Shade Tree Auction Request procedures detailed in Subsection 3-16.9 below:
a.
Plant any Tree.
b.
Remove any Tree.
c.
Cut or trim branches greater than eight feet above a walkway or greater
than 11 feet above a street., or cut or trim back encroaching branches
more than three feet away from a structure's siding or more than
eight feet above the roof of a structure;
d.
Install or repair a sidewalk within four feet of an existing Shade
Tree (Ord. 9/21/53, § 3);
e.
Install plants, or place planting containers edging borders, structures,
brick, stone, concrete, or any other hard material or surface about
the base of Shade Trees or anywhere within the Jurisdiction Zone;
f.
Fasten or attach any sign notice, rope, wire, electric attachment
or any item to a Shade Tree;
g.
Close or obstruct any open space provided about the base or within
the Dripline of a Shade Tree.;
h.
Engage in any actions-which, in the opinion of the Commission, might
cause harm or death to a Shade Tree;
i.
Apply chemical treatments or pesticides to a Shade Tree; or
j.
Engage in any actions that could limit or impair the use of the Jurisdiction
Zone for the growth and protection of Shade Trees.
[Amended 6-15-2023 by Ord. No. 16-2023]
The removal of a Shade Tree, if approved by the Commission,
shall be conditioned upon the following:
a.
Planting of Replacement Shade Trees. Upon the Commission's determination to approve a request to remove a Living Shade Tree, Tithe size and number of replacement Shade Trees shall be consistent with the approved Shade Tree Replacement Schedule per Subsection 3-16.10 and planted at the direction of the Commission, within one year of removal of a Living Shade Tree. The Commission may waive the requirement for Shade Tree replacement where it determines that a Shade Tree must be removed owing to its death by natural causes.
b.
Contribution in Lieu of Tree Replacement. Alternatively, upon approval of the Commission, a contribution shall be made to the Shade Tree Planting Trust Fund, as established in Subsection 3-16.11 hereof, within 30 calendar days of the approval date, the amount being based upon the Shade Tree Replacement Schedule in Subsection 3-16.10. Failure to submit the contribution will constitute a violation of this section and shall be subject to the same penalty as if the Living Shade Tree in question had been removed without approval.
c.
Stump Removal. Except where the Commission makes a written determination
that the process of Stump removal would adversely impact the health
and/or survival of neighboring Trees, the Stump of any Shade Tree
or shrub shall be removed or ground down to 20 inches below grade.
Failure to remove the Stump within one year of Shade Tree removal
may result in the City's undertaking the Stump removal process
with the Property Owner's being responsible for reimbursement
to the City for any and all associated costs incurred, and the Property
Owner may be subject to monetary penalty for noncompliance.
[Amended 6-15-2023 by Ord. No. 16-2023]
a.
Submission of Shade Tree Action Request Form. Applicants wishing
to perform any of the above regulated activities must first submit
a Shade Tree Auction Request Form via the City's website or by
hard copy to the Commission. No request will be considered without
a fully completed Shade Tree Auction Request Form. All requests will
be reviewed and considered at the first regularly scheduled meeting
of the Commission occurring at least seven business days after the
submission of the Shade Tree Auction Request Form.
b.
Applicant Attendance at Commission Meeting. Applicants are encouraged
to attend the Commission Meeting to present supporting documentation
for their requests and to provide clarification where necessary, but
attendance is not mandatory.
c.
Commission Determination.
1.
The Commission shall review each Shade Tree Auction Request Form
and shall grant or deny said request within 90 business days of first
review. If the request is granted, the Commission shall state in a
Letter of Determination the type of species of Shade Tree to be planted
or removed, cut, trimmed or pruned or other action involving a Shade
Tree and may set forth specifications and conditions for doing the
same. It shall then be unlawful to take any action contrary to any
and all specifications set forth in the Letter of Determination. Applicants
will be notified in writing by hand delivery or United States Postal
Service mail of the Commission's determination.
2.
The Commission may determine to waive or modify the requirements for Tree replacement as set forth in Subsection 3-16.10a below where the Commission finds that the site constraints impose significant limitations to the chances of survival or the long-term health of the replacement Shade Tree or would interfere with utilities or pedestrian or vehicular.
d.
Duty to Post Authorization During Approved Shade Tree Work. Applicants
issued a Letter of Determination by the Commission are required to
post a copy of said letter in a visible location or present it upon
request to any Authorized Representative of the City while work is
done by a Tree Contractor or by the Property Owner. Failure to produce
a Letter of Determination upon request shall be cause for the Authorized
Representative of the City to direct that all work being performed
on the Shade Tree is to immediately cease. The cease work directive
shall remain in effect Until such time that a Letter of Determination
is presented which authorizes the work.
e.
Duty to Comply with Commission Conditions and Requirements. Failure
to comply with any or all conditions set forth in the Letter of Determination
by the Commission may result in enforcement action by the Commission
as if none of the conditions were met and the Shade Tree action had
taken place without any prior approval.
f.
Sunset of Determinations. The Commission's Letter of Determination
for Tree actions shall expire after 18 months of the issuance of the
Commission's Letter of Determination except that approvals to
remove a Shade Tree and/or Stump shall have no expiration date and
shall transfer to subsequent Property Owner(s).
[Amended 6-15-2023 by Ord. No. 16-2023]
a.
Replacement Shade Tree Size and Number. Unless the Commission determines
that site conditions necessitate otherwise to better assure establishment
of a healthy Tree, the Shade Tree Commission shall require that all
new and replacement Shade Trees be a minimum size of 2 1/2 inch
caliper and be planted in accordance with accepted planting practices
as directed by the Commission. In the event the Commission issues
a Letter of Determination approving the removal of a Living Shade
Tree, an Any replacement Shade Tree must be provided and planted by
the Property Owner in accordance with the following Shade Tree Replacement
Schedule:
|
Shade Tree Replacement Schedule
| ||
|---|---|---|
|
Size of Living Shade Tree(s) Removed/destroyed
|
Required No. of Replacement Trees(s) for Each Living Shade Tree
Removed/Destroyed
|
Fee per Replacement Shade Tree in Lieu of Planting
|
|
1 to 4.99 in. DBH
|
1
|
$500
|
|
5 to 10.99 in. DBH
|
2
|
$1,000
|
|
11 to 16.99 in. DBH
|
3
|
$1,500
|
|
17 or greater in. DBH
|
4
|
$2,000
|
b.
Annual Adjustment of Replacement Fees. The Shade Tree replacement
fees-contained in the Shade Tree Replacement Schedule may be reviewed
annually and adjusted to reflect current pricing.
c.
Shade Tree Selection and Placement. The Shade Tree Commission's
approval is required for determining the species, size and planting
location of any new or replacement Shade Tree within the Jurisdiction
Zone.
d.
Shade Tree Replacement Deadline. When the Commission determines that
replacement of a Living Shade Tree is required, the Property Owner
shall be required to supply and plant the replacement Shade Tree(s)
within one year from the date of the Commission's Letter of Determination
regarding removal of a Living Shade Tree and replacement. Any replacement
Shade Tree or shrub must survive in good health for a period of two
years from the date of planting. If, in the opinion of the Commission,
the a replacement Shade Tree dies or fails to thrive for two years
following the date of planting, that Shade Tree must be replaced by
the Property Owner. Any subsequent replacement Shade Tree shall be
subject to the same conditions as stipulated in the Commission's
original Letter of Determination for a period of two years from the
date of planting.
e.
Payment in Lieu of Shade Tree Planting. In the event the Commission approves removal of a Living Shade Tree(s), and the Commission determines that the location of said Shade Tree(s) would not be conducive to the health of a required replacement Shade Tree(s), the Commission may direct the Property Owner/Applicant to make a monetary contribution to the City's Shade Tree Planting Trust Fund in lieu of planting a replacement Shade Tree(s). This contribution in lieu of planting a replacement Shade Tree shall be made within 30 business days of receiving the Commission's Letter of Determination regarding the Shade Tree removal. The amount of said contribution shall be as defined under this section and pursuant to the Shade Tree Replacement Schedule in Subsection 3-16.10a and as specified in the Commission's Letter of Determination.
f.
Installation of Root Barrier. Whenever a new Shade Tree is planted
a root barrier of a type and size approved by the Commission may be
required.
[Amended 6-15-2023 by Ord. No. 16-2023]
There is hereby established a "trust fund" account, which shall
be known and designated as the "Shade Tree Planting Trust Fund."
a.
Funds from the Shade Tree Planting Trust Fund account shall be separate
and distinct from the Commission's annual budget and shall only
be used for the purchase and planting of Shade Trees within the Jurisdiction
Zone.
b.
Contributions or donations from individuals, groups or businesses,
for memorial purposes or any other reason, may be made directly to
the Shade Tree Planting Trust Fund.
c.
Withdrawals and transfers from the Shade Tree Planting Trust Fund
shall require the signed authorization of the Shade Tree Commission.
[Amended 6-15-2023 by Ord. No. 16-2023]
Property Owners shall cause no actions within the Jurisdiction
Zone which could impair the viability of existing or future Shade
Trees, and Property Owners shall nurture existing Shade Trees within
the Jurisdiction Zone and protect them from actions and conditions
that could impair their health or threaten their survival including,
but not limited to the following:
a.
From Wires and Utility Work.
1.
Utility Wires. Any person, having control over any wire for the transmission
of electric current, telephone or other communications or media cable,
or any other utility service along a public street, highway, pedestrian
way, or Commission Jurisdiction Zone, shall at all times protect all
Shade Trees from harm caused by wires or from the current carried
by them.
2.
Wiring for Decorative Lighting. In order to protect against girdling,
Shade Trees shall not be wrapped with wires for any period in excess
of 45 calendar days.
3.
Duty to Provide Notice. Prior to undertaking any work on the utility
wires, cables or appurtenances in contact with or affecting any Shade
Tree, the utility company shall provide at least 10 business days
prior written notice to the City Clerk, Shade Tree Commission, and
the abutting Property Owner and shall detail the nature of the work
and the necessity therefor upon which notice the Shade Tree Commission
and Property Owner shall be provided with an opportunity to request
measures to protect the impacted Shade Tree(s) and recommend appropriate
mitigating measures.
b.
Chemicals. Except as approved by the Commission for treatment of
disease or for pest control by a New Jersey Certified Pesticide Applicator,
or for feeding as determined necessary and appropriate by a Certified
Tree Operator or Licensed Tree Expert pursuant to N.J.S.A. 45:15C-11
et seq., Property Owners shall protect Shade Trees from chemicals.
No persons shall cause or permit any injurious chemicals to come in
contact with the stem, trunk, canopy, or roots of any Shade Tree within
the Jurisdiction Zone including but not limited to: brine, gas, gasoline,
motor oil, diesel fuel, solvents, or other toxic substances.
[Ord. 9/21/53§ 5]
c.
Actions Likely to Cause Tree Harm or Death. No person shall perform
or permit any intentional or negligent act that will cause harm or
death to a Shade Tree. Negligent or intentional damage shall include,
but shall not be limited to:
1.
Damage inflicted to the root system by machinery or cutting tools;
2.
Storage or operation of heavy equipment, or storage of heavy materials,
or other practices which cause soil compaction within the Dripline
of a Shade Tree;
3.
Change of natural grade of soil above or below the root system or
around the trunk;
4.
Damage inflicted on a Shade Tree which exposes the cambium of a Shade
Tree and creates an opportunity for decay organisms, fungus, pests,
bacteria or other infestations to infect a Shade Tree;
5.
Improper pruning, flush cutting, or thinning of a Shade Tree including
removing in excess of 20% of the living crown, and/or topping, tipping,
trimming or pruning which is so excessive that it threatens the health
of the tree, or excessive thinning of the crown leading to the failure
to thrive;
6.
Paving over the root system of a Shade Tree with any impervious materials
within such proximity as to be fatally harmful to the Shade Tree;
8.
Trenching of roots, cutting, girdling or inflicting other severe
mechanical injury to the trunk, roots or other vital sections of a
Shade Tree;
9.
Deliberately or negligently setting fire to a Shade Tree;
10.
Except in the case of Shade Tree removal as approved by the Commission,
Tree climbing practices that expose the cambium such as spiking, trimming,
or use of climbing spurs or gaffs; and
11.
Attachment of any item to a Shade Tree by means of mechanical fasteners
such as nails, screws, spikes, or staples which penetrate the bark
and enter the cambium.
[Amended 6-15-2023 by Ord. No. 16-2023]
No person shall prevent, delay or interfere with any lawful
work undertaken by the Commission or an Authorized Representative
of the City.
[Amended 6-15-2023 by Ord. No. 16-2023]
a.
Any person who shall violate any of the provisions of this section shall be liable to the penalty in Chapter 1, Section 1-5, for each and every such violation to be recovered as provided by law (N.J.S.A. 40:49-5). The ordinances shall be enforced by like proceedings and processes. Enforcement thereof shall be the same as that provided by law for the enforcement of the ordinances of the City.
b.
Any public utility or cable television company that clears, moves,
cuts, or destroys any Shade Trees for the purpose of erecting, installing,
moving, removing, altering or maintaining any structures or fixtures,
necessary for the supply of electric light, heat, power, communication,
or cable television services upon any lands in which it has acquired
an easement or right-of-way, shall not be subject to any penalty.
This section shall not exempt any public utility or cable television
company from any penalty or replacement assessment imposed for negligent
or injurious actions as determined by the Commission.
[Amended 6-15-2023 by Ord. No. 16-2023]
Nothing in this section contained shall be construed to make
the Shade Tree Commission or any member thereof, or any volunteer
participating in a community forestry program as provided for by Section
4 of P.L. 1996, c. 135 (N.J.S.A. 13:1L-17.4), responsible for the
death or injury of any person, or for an injury to any property or
highway tree or shrub. Liability for any such death or injury shall
be governed by the provisions of Section 16 of P.L. 1996, c. 135 (N.J.S.A.
59:4-10) and any other relevant provisions of the New Jersey Tort
Claims Act, N.J.S.A. 59:1-1 et seq. Emergencies.
[Amended 6-15-2023 by Ord. No. 16-2023]
[Amended 6-15-2023 by Ord. No. 16-2023]
If any sentence, clause, section, or part of this section is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality, or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of this section.
[Amended 6-15-2023 by Ord. No. 16-2023]
In the event this section conflicts with or overlaps with any
other ordinance, the provisions of this section shall take precedence
rendering inapplicable any conflicting or overlapping ordinance provisions.
[Amended 6-15-2023 by Ord. No. 16-2023]
The terms and conditions of this section shall take effect upon
adoption by the Lambertville City Council.
[Ord. No. 17-2014; amended 4-20-2023 by Ord. No. 05-2023]
The City of Lambertville's acceptance of diversity regardless
of race, color, religion, national origin, ethnicity, sexual orientation,
gender or disability is widely known throughout the State of New Jersey.
The acceptance of people from many diverse backgrounds comes with
responsibility. It is a responsibility to protect what we have all
worked so hard to achieve.
[Ord. No. 17-2014; amended 5-16-2019 by Ord. No. 11-2019; 4-20-2023 by Ord. No. 05-2023]
The City of Lambertville Human Rights Council (LHRC) shall work
cooperatively among people and groups to promote awareness regarding
living in a diverse community and to address and to prevent any problems
of intimidating or violent acts, which may be committed because of
the group to which citizens may belong or identify.
[Ord. No. 17-2014; amended 5-16-2019 by Ord. No. 11-2019; 4-20-2023 by Ord. No. 05-2023]
Among its many activities, the City of Lambertville Human Rights
Council (LHRC) will cooperate with, and make recommendations to, the
Governing Body, to educate, encourage, develop, promote, and strengthen
respect for the human rights of the citizens of Lambertville no matter
their race, color, religion, national origin, ethnicity, sexual orientation,
gender or disability, so all may achieve their highest possible level
of success.
[Ord. No. 17-2014; Ord. No. 28-2017; amended 5-16-2019 by Ord. No. 11-2019; 4-22-2021 by Ord. No. 06-2021; 4-20-2023 by Ord. No. 05-2023]
The City of Lambertville Human Rights Council (LHRC) will consist
of 10 members, from both the public and private sector. Members are
appointed by the Mayor, with the advice and consent of the City of
Lambertville Governing Body. Every effort will be made to appoint
a diverse group of residents to ensure to the greatest extent practicable
that all segments of Lambertville's population are represented.
a.
Public Sector Members:
1.
The Mayor of the City Of Lambertville, or their representative from
the Governing Body, to run concurrent with the Mayor's three-year
term. This position shall serve as a liaison to the Lambertville Human
Rights Council but shall not be considered a member of the Lambertville
Human Rights Council and shall not vote on Council matters;
2.
The Police Director or Officer-in-Charge of the City of Lambertville
or their representative, to run concurrently with the Mayor's
three-year term;
3.
The Director of Public Assistance of the City of Lambertville, for
a three-year term concurrent with the Mayor's three-year term;
4.
The Mayor may appoint a resident member of the South Hunterdon Regional
School District, for a three-year term concurrent with their term;
5.
The Chairperson of the Lambertville Free and Public Library, or their
representative, for a one-year term.
b.
Private Sector Members:
1.
There shall be five members from the private sector appointed to
serve on the Lambertville Human Rights Council. They shall be appointed
by the Mayor with the advice and consent of the Governing Body, and
shall be residents of Lambertville, and shall serve a 3-year term.
All members of the LHRC shall serve without compensation.
2.
The South Hunterdon Regional School District may propose one student
from the school district for a one-year term that begins with the
academic calendar year. This is an optional appointment and will be
a non-voting position.
[Ord. No. 17-2014; Ord. No. 28-2017; amended 4-20-2023 by Ord. No. 05-2023]
One of said members shall be appointed by the Mayor as Chairperson.
One of said members will be appointed by the Mayor to serve and LGBTQ
+ Liaison to the Mayor. Additional officers shall be elected by the
majority of the membership at the annual reorganization meeting.
[Ord. No. 17-2014; Ord. No. 28-2017; amended 5-16-2019 by Ord. No. 11-2019; 4-20-2023 by Ord. No. 05-2023]
The City of Lambertville Human Rights Council shall meet on
the second Monday following January 1st of each year for purposes
of reorganization. The agenda at this meeting should include election
of officers, appointment of committees, adoption of bylaws or rules
of procedure, fixing date and place of meetings and such other business
as shall properly come before the Lambertville Human Rights Council
at the annual reorganization meeting.
The City of Lambertville Human Rights Council (LHRC) will meet
a minimum of six times in any given calendar year, inclusive of the
reorganization meeting.
[Ord. No. 17-2014; amended 5-16-2019 by Ord. No. 11-2019; 4-20-2023 by Ord. No. 05-2023]
The City of Lambertville Human Rights Council (LHRC) shall keep
records of its meetings, activities and finances and shall make an
annual report to the City of Lambertville Mayor and Council.
