[Ord. No. 2014-17]
The Shade Tree Commission of Greenwich Township (the "Commission"),
a body authorized by the Act (N.J.S.A. 40:64-1 et seq.) is to be formed:
a. To protect and preserve trees located on property owned or under
the control of the Township of Greenwich and which are within the
Commission's jurisdiction;
b. To take such action as is necessary and appropriate to protect the
public from an imminent threat to health and safety due to condition
of trees on property which is not Township property and which by virtue
of this the Act and this chapter are within the Commission's
jurisdiction;
c. To set forth and standardize the procedures for reviewing applications
to plant, maintain, remove or replace Township trees; and
d. To set forth prohibited actions, establish penalties and preserve
a uniform standard for assessing the replacement cost of Township
trees that are removed by private parties or which otherwise are damaged
and destroyed.
[Ord. No. 2014-17]
ACT
Shall mean N.J.S.A. 40:64-1 et seq.
ANSI
Shall mean American National Standards Institute.
COMMISSION
Shall mean the Shade Tree Commission of the Township of Greenwich.
DIAMETER BREAST HEIGHT ("DBH")
Shall mean the diameter of a tree measured approximately
four and 4.5 feet above the natural ground level commensurate with
the trunk flare.
PERFORMANCE BOND
Shall mean a sum paid by a person seeking to remove a Township
tree to guarantee that person will perform said work in accordance
with the permit and related documents, thus protecting the Township.
In lieu of a Performance Bond, where appropriate and in the sole discretion
of the Commission, a monetary fee may be placed in escrow in an amount,
in each specific case, set by the Commission.
PRESERVATION AREA
Shall mean the area directly around the Township tree wherein
its roots grow. It generally encompasses the area beneath its crown
and such area whose regulation is necessary and appropriate to the
health and maintenance of a Township tree.
PRIVATE TREE
Shall mean any tree or shrubbery located on private property.
REPLACEMENT ASSESSMENT
Shall mean the amount paid by a person who removes or otherwise
damages or destroys a Township tree.
TOWNSHIP
Shall mean the Township of Greenwich.
TOWNSHIP PROPERTY
Shall mean such lands as are within the right-of-way of the
Township streets or highways or in all such other places within the
Township on lands owned or under the control of the Township and which
are subject to the jurisdiction of the Commission, including but not
limited to lands used for active or passive recreation, open space,
ball fields or parks.
TOWNSHIP TREE(S)
Shall mean any tree or shrubbery situated on Township property.
TOWNSHIP TREE ESCROW FUND OR FUND
Shall mean a fund established by the Township for administering,
protecting, preserving, maintaining and replacing of Township trees
and encouraging best preservation practices as may be consistent with
the Act and the Community Stewardship Incentive program as outlined
in N.J.S.A. 13:1L-17.1 et seq. (the "Fund").
TRUNK FLARE
Shall mean the point of intersection between the tree roots
and the tree trunk.
[Ord. No. 2014-17]
The Commission shall organize annually and conduct meetings
and actions consistent with the provisions of the Act and shall elect
one of its members as Chairperson and the appointment of a Secretary,
who need not be a member of the Commission.
[Ord. No. 2014-17]
The Commission shall have an exercise all of the powers as set
forth in the Act, which shall include, but may not be limited to,
the power to:
a. Exercise full and exclusive control over the regulation, planting
and care of Township trees now located, or which may hereafter be
planted, on Township property, except such as are excluded pursuant
to the Act and shall include, but not be limited to, the planting,
trimming, spraying, care and protection thereof;
b. Regulate and control the use of the preservation area, so far as
may be necessary for their proper growth, care and protection;
c. Remove or require the removal of any Township trees;
d. Care for and control such parks and parkways and encourage arboriculture;
e. Make, alter, amend and repeal, in the manner prescribed for the passage,
alternation, amendment and repeal of ordinances by the Township, any
and all ordinances necessary or proper for carrying out the provisions
hereof;
f. Remove or require the removal of any private tree, or part thereof,
whose condition represents a danger to the public health and safety;
g. Administer treatment to or remove any private tree which is reasonably
believed to harbor a disease or insects readily communicable to neighboring
Township trees and to enter upon private property for the purpose,
with the consent of the owner thereof, provided that the suspected
condition is first confirmed by certificate issued by a Certified
Tree Expert; and
h. Other powers as provided by the Act, as amended and supplemented.
[Ord. No. 2014-17; amended 5-10-2016 by Ord. No. 26-2016]
a. Penalties.
1. Any person who violates any provision of this chapter shall be liable, upon conviction, to the penalty stated in Chapter
1, Section
1-5, General Penalty.
2. Separate Violations. Except as otherwise provided, each and every
day in which a violation of any provision of this chapter exists shall
constitute a separate violation.
b. Tree Replacement Assessment. In addition the penalties authorized
by paragraph a of this section, any person who removes, damages or
otherwise destroys a tree in violation of this chapter shall pay a
replacement assessment to the Township. The Tree Replacement Assessment
shall be calculated consistent with N.J.S.A. 40:64-12(b), not to exceed
$27.00 per square inch. The 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. The Commission may modify the value of the tree based
upon its species variety, location and its condition at the time of
removal or destruction. The range of Tree Replacement Assessments
are set forth in the Commission's standard operating procedures.
c. In cases where the Commission has given a property owner permission
to remove a Township tree, the Commission may further require the
property owner to replace the tree or otherwise provide for its replacement,
and to post a performance bond.
d. The Tree Replacement Assessments shall be paid into the Fund, described
below.
[Ord. No. 2014-17]
There is hereby established the Township Tree Escrow Fund. The fund shall include the Tree Replacement Assessment and shall be maintained by the Township in an account identified as such and which is separate from the general fund. Such funds shall include but not be limited to any monies collected pursuant to Section
16-10b and Section
16-11, donations and any other fundraising program established by the Commission. The Township shall maintain a Fund with disbursements reported to the Commission on an as needed basis. The Township Committee with the advice of the Commission shall authorize appropriations from the Fund.
[Ord. No. 2014-17]
Nothing in this chapter shall prevent the appropriate municipal
body from enforcing any other ordinance of the Township dealing with
property maintenance, which may include maintenance of trees on private
property or abutting public sidewalks adjacent to private property.