[1967 Code § 18-1]
As used in this chapter:
Shall mean as applied to public utility companies, shall
mean poles, wires, cables, subsurface conduits, pipes, manholes and
appurtenant facilities of such companies installed in the street.
Shall mean a public utility as defined in N.J.S.A. 48:2-13.
Shall mean the Environmental Commission of the Borough of Pitman as created by Chapter 2, Administration.
Shall mean:
Shall mean trees and shrubs.
[1967 Code § 18-6.1]
The Shade Tree Commission shall give reasonable notice of its
intentions to remove or cause the removal of a tree dangerous to public
safety, unless public safety requires immediate removal, in which
case no notice shall be necessary.
[1967 Code § 18-6.2]
Except as hereinafter provided, the cost of the removal of any
tree, or part thereof, dangerous to public safety shall, if the Shade
Tree Commission shall so desire, in accordance with uniform rules
and regulations promulgated for this purpose, be a charge upon real
estate in front of which such trees or tree shall be removed as an
improvement thereto. Such costs, if so determined by the Shade Tree
Commission or Director of Public Safety in emergency situation that
they are to be paid by the owner, shall, unless paid directly to the
Shade Tree Commission, be certified by the Shade Tree Commission to
the Tax Collector and shall thereupon become and be a lien upon said
real estate, shall be included in the next tax bill rendered to the
owner or owners thereof and be collected in the same manner as other
taxes against this property.
[1967 Code § 18-6.3]
The provision of this section shall not apply to:
[1967 Code § 18-7]
No persons shall do any of the following acts to any tree on
the street without the prior permit of the Shade Tree Commission:
a.
Climb with spikes, break, damage, remove or kill.
b.
Fasten any rope, wire, sign or other device. Nothing herein shall
prevent any governmental agency from affixing, in a manner approved
by the Shade Tree Commission, a public notice upon a tree in connection
with administering governmental affairs.
c.
Remove or damage any guard or device placed to protect any tree or
shrub.
d.
Plant a tree or shrub in the area between the sidewalk and the curb
or within the specified distance if no sidewalk or curb exists.
[1967 Code § 18-8]
a.
Scope of Permit. The Shade Tree Commission may grant to public utility
companies a blanket permit for:
1.
Tree pruning for line clearance, as long as said pruning only trims
trees to a circumference of three feet surrounding wires. Exceptions
to the rule require a special permit and meeting with the Shade Tree
commission.
2.
The installation and maintenance of subsurface and aboveground plant
construction if there is interference with or endangerment to street
trees.
b.
Care of Trees. Each public utility company shall exercise reasonable
diligence in the maintenance of its plant construction so as to avoid
damage to trees under the jurisdiction of the commission.
[1967 Code § 18-9]
Requests for permits required by the provisions of this section
for the performance of work should be directed to the Shade Tree Commission
of the Borough of Pitman, Gloucester County, New Jersey.
[1967 Code § 18-10]
No statute giving any person or state, county or municipal board,
body or official power or authority to lay any sidewalk along or to
open, construct, curb or pave any street or to do any similar act
shall be construed to permit or authorize any interference with or
injury to a highway shade tree without the consent of the Shade Tree
Commission within whose jurisdiction such tree shall be located. In
all cases such Shade Tree Commission shall reasonably cooperate with
such persons, board, body or official for the general public good.
[1967 Code § 18-11]
The Police Department and Code Enforcement Officer are to serve
and execute process for the municipal court for violations of the
ordinances of the Shade Tree Commission.
[1967 Code § 18-12; N.J.S.A. 40:64-12]
Any person who violates any provision of this chapter shall,
upon conviction, be liable to the penalties stated in this section:
a.
A penalty not to exceed two ($200.00) dollars for each violation.
b.
In addition to the penalties authorized by paragraph a, the Shade
Tree Commission may require a person who removes or otherwise destroys
a tree in violation of a municipal ordinance to pay a replacement
assessment to the Borough. The replacement assessment shall be the
value of the tree as determined by the appraisal of a trained forester
or Certified Tree Expert retained by the Shade Tree Commission for
that purpose. In lieu of an appraisal, the Shade Tree Commission may
adopt a formula and schedule based upon the number of square inches
contained in a cross section of the trunk of the tree multiplied by
a predetermined value per square inch, not to exceed $27 per square
inch. The square inch cross section shall be calculated from the diameter
at breast height and, if there is a multiple stem tree, then each
trunk shall be measured and an average shall be determined for the
tree. For the purposes of this section, "diameter at breast height"
shall mean the diameter of the tree taken at a point four and one-half
(4 1/2) feet above ground level. The Shade Tree Commission shall
modify the value of the tree based upon its species variety, location
and its condition at the time of removal or destruction.
c.
Any public utility or cable television company that clears, moves,
cuts, or destroys any trees, shrubs, or plants for the purpose of
erecting, installing, moving, removing, altering or maintaining any
structures or fixtures, necessary for the supply of electric light,
heat or 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 imposed by a Shade Tree Commission pursuant
to paragraphs a and b above. This subsection shall not exempt any
public utility or cable television company from any penalty or replacement
assessment imposed for negligent actions.
[1967 Code § 18-12.3]
All moneys collected, either as fines or penalties, for any
violation of a rule or regulation of the Shade Tree Commission enacted
by ordinance, or as a charge against real estate under any provisions
of this chapter, shall be forthwith paid over to the custodian of
the municipal funds.
