[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]
Shall mean N.J.S.A. 40:64-1 et seq.
Shall mean American National Standards Institute.
Shall mean the Shade Tree Commission of the Township of Greenwich.
Shall mean the diameter of a tree measured approximately
four and 4.5 feet above the natural ground level commensurate with
the trunk flare.
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.
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.
Shall mean any tree or shrubbery located on private property.
Shall mean the amount paid by a person who removes or otherwise
damages or destroys a Township tree.
Shall mean the Township of Greenwich.
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.
Shall mean any tree or shrubbery situated on Township property.
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").
Shall mean the point of intersection between the tree roots
and the tree trunk.
[Ord. No. 2014-17]
a.
Pursuant to N.J.S.A. 40:64-1 et seq., the Township has established
the Commission which consists of five regular members and two alternate
members, all of whom are residents of the Township, and who shall
be appointed by the Mayor of the Township with the advice and consent
of the Township Committee which Commission shall be known as the "Shade
Tree Commission of the Township of Greenwich" and the terms of appointment
of its regular members shall be staggered so that one appointment
expires each year. All regular member appointments, except to fill
vacancies and for purposes of the initial staggering of memberships,
shall be for the full term of five years, to take effect on January
1. Alternate members shall be appointed for a term of five years,
to take effect on January 1, wherein the initial term of Alternate
No. 2 shall be for four years.
b.
Alternate members shall be designated at the time of their appointment
as "Alternate No. 1" and "Alternate No. 2." Alternate members may
participate in the discussion of the proceedings but may not vote
except in the absence or disqualification of a regular member. A vote
shall not be delayed in order that a regular member may vote instead
of an alternate member. In the event that choice must be made as to
which alternate is to vote, alternate members shall vote in the order
of their numerical designations.
[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]
a.
Where the Chairperson or the Chairperson's designee reasonably
believes, based on a certification from a Certified Tree Expert, that
a private tree presents a dangerous condition to a Township tree or
to other public property, the Commission is authorized to remove same.
Formal notice shall be served on the owner of the private property,
which notice shall specify the private tree, the condition, the basis
for the opinion that the condition represents a dangerous condition
and shall provide the owner of the private property with ten days
to consent to the removal or file a formal objection thereto. The
property owner may remove the condition on his own initiative. If
the property owner files an objection, the matter will be heard and
decided by the Commission with 30 days. If no objection is filed,
the owner of the private property shall be deemed to have consented
to the removal of the private tree. Service of the notice shall be
by certified mail to the owner of the private property. All costs
relating to the removal, consistent with the schedule hereinafter
set forth for the removal of Township trees, shall be paid by the
owner of the private property or shall be a lien on the private property.
b.
If the Chairperson or the Chairperson's designee reasonably
believes, based on a certification from a Certified Tree Expert that
a private tree exhibits an imminent threat to public health and safety,
the Township is authorized to remove same without prior notice. However,
reasonable attempts shall be made to alert the owner of the private
property. All costs related to the removal, consistent with the schedule
hereinafter set forth, shall be paid by the owner of the private property
or shall be a lien on the private property.
[Ord. No. 2014-17]
a.
No person, firm or corporation shall do, or cause to be done, any
of the following acts with regard to Township trees without authorization
obtained pursuant to the provisions of this chapter:
1.
Cut, trim, girdle, climb with spikes, disturb the roots of or otherwise
injure, or remove any living Township tree; or injure, misuse or remove
any structure or device placed to support or protect a Township tree;
2.
Plant any tree or shrub on Township property;
3.
Fasten any rope, wire, electrical attachment, sign or other device
to a Township tree, or to any guard about any Township tree;
4.
Close or obstruct the preservation area around the base of any Township
tree, or place any guard about a Township tree, including but not
limited to, excessive amounts of or improperly applied mulch;
5.
Close or obstruct Township property so as to prevent the planting
of a Township tree if the Township property otherwise would be appropriate
for such planting;
6.
Hitch or fasten an animal to any Township tree; or allow such animal
to bite, scratch or otherwise injure any Township tree; or
7.
Permit any brine, gas or any chemical or spray to come into contact
with the leaves, stem or roots or preservation area around any Township
tree.
b.
If the Chairperson or the Chairperson's designee has reason
to believe that anyone has committed or is about to commit a prohibited
act, then the Township may issue a stop work order delivery of same
in person or by certified mail on the person, company or any employee
or official of any such company which is the subject of the order.
The order shall remain in effect unless and until the Commission issues
a formal permit.
c.
The provisions hereof relating to prohibited acts shall not apply
to Township Public Works employees and their agents acting within
the scope of their employ, or to members of the Commission and their
agents or designated by the Commission Chairperson.
d.
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
land in which it has acquired an easement or right-of-way, shall not
be subject to any penalty imposed by a Commission pursuant to paragraphs
a or b of this section. This paragraph d shall not exempt any public
utility or cable television company from any penalty or replacement
assessment imposed for negligent actions.
[Ord. No. 2014-17]
a.
No person, board, body, official, separate entity and/or governmental
entity may construct on the Township of Greenwich lands or right-of-ways,
or easements, a sidewalk, curb, street or do similar acts which interfere
with, injures or destroys a highway shade tree without consent of
the Shade Tree Commission within whose jurisdiction such tree is located.
In all such cases the Shade Tree Commission shall reasonably cooperate
with such person, board, body, official, private entity and/or governmental
entity for the general public good, as per N.J.S.A. 40:64:10.
b.
All residents, with Shade Tree Commission approval, Township employees
and retained consultants and professionals or their agents and anyone
planting, transplanting, trimming or undertaking any action affecting
a Township tree shall contract, purchase, transplant and trim according
to the following standards:
1.
All nursery stock used for planting on Township property shall comply
with ANSI Z60.1 — 2004 American Standard for Nursery Stock,
as amended;
2.
All Township tree transplanting shall comply with ANSI A300 (Part
6) 2012 Planting and Transplanting, as amended; and
3.
All Township tree trimming shall confirm to ANSI A300 (Part 1) 2008
Pruning, as amended.
[Ord. No. 2014-17]
a.
Any person or entity wishing to remove, transplant, trim or otherwise treat a Township tree shall file a written application with the Township Shade Tree Commission. No action shall be taken on any Township tree until written authorization by the Shade Tree Commission is received following an on-site evaluation. The property owner has the responsibility to pay the cost of removing such a tree and may be responsible for a Tree Replacement Assessment in accordance with the standards and policies of the Commission. The assessment shall not exceed a maximum of $27.00 per square inch as per N.J.S.A. 40:64-12 (see Section 16-10 for calculation formula).
b.
In reviewing any application for a building or construction permit,
the Township Construction Official shall make a preliminary determination
as to whether the intended work has the potential to adversely impact
any Township tree. If the intended work has such potential, the Construction
Official shall refer the matter to the Commission. Permits may not
be issued until the Chairperson of the Commission or his or her designee
conducts an on-site evaluation and advises the property owner or contractor
of the protective measures that must be taken during the course of
construction. The property owner or contractor may appeal to the Commission,
which shall promptly review the necessity or reasonableness of the
protective measures. The Construction Official shall issue a stop
work order if the property owner or contractor is not implementing
the protective measures.
c.
No application shall be reviewed until it is complete.
d.
Review and inspections for all submitted applications shall be carried
out within ten business days of a completed application.
e.
Permission shall be granted or denied within five business days after
the completed review and inspection. Absence of a written approval
is not considered an approval. In the case of a denial, the applicant
will be given written notice with reasons for the denial and a right
to appeal to the Commission.
[Ord. No. 2014-17; amended 5-10-2016 by Ord. No. 26-2016]
a.
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.
