Municipality of Princeton, NJ General Provisions

[Ord. No. 2016-34]

A person who removes or destroys a tree without a required permit or approval, or otherwise violates or causes to be violated any of the provisions of this chapter, shall be subject to the following informal resolution and formal complaint procedures, as applicable:

(a)

Informal resolution. Any person who removes or destroys a tree without a required permit or approval under this chapter shall have the opportunity to resolve the matter prior to the issuance of a summons and complaint. The following procedure shall apply:

(1)

The enforcement officer shall offer a written recommendation (using a form approved by the public works department) that is, in his or her judgment, sufficient to resolve the matter, which shall include either replacement of the removed or destroyed tree(s) or the payment of a replacement fee to the Municipality for removal or destruction of the tree(s), or both, in accordance with Schedule A above, the Tree Replacement Schedule. In addition to the planting of a replacement tree(s) and/or payment of a tree replacement fee(s) in accordance with Schedule A, there shall also be required the payment of an administrative service fee, which shall be charged per hour based on the anticipated staff time in investigating and resolving the matter, and which may include site visits and analysis, supervisory services and/or clerical services. The hourly rate shall be the hourly wage of the employee conducting the site visit(s) and analysis, supervisory services and/or clerical services as set by the council by resolution from year to year. The hourly wage of salaried personnel shall be calculated by dividing the employee's annual salary as set by the council by resolution by 26 (weeks) and then dividing that biweekly pay by the number of hours worked in a biweekly period. The tree replacement and service fees shall be paid into the Princeton Shade Tree Trust Reserve.

(2)

The person shall have 10 days following receipt of the enforcement officer's written recommendation to accept said recommendation in writing. If the person accepts the enforcement officer's recommendation in writing within the ten-day period, then any agreed-upon tree replacement or payment of a tree replacement fee, and payment of the service fee, shall be completed within 10 days of written acceptance of the enforcement officer's recommendation. If not completed within this ten-day period, then the enforcement officer shall have the authority to cause the issuance of a summons and complaint returnable in the Princeton municipal court.

(3)

If the person does not accept the enforcement officer's recommendation, then during the initial ten-day period the person may request, in writing, that the shade tree commission review the enforcement officer's recommendation. If such request is timely submitted to the enforcement officer, then the person shall have the opportunity to bring the matter before the shade tree commission during its next regularly scheduled meeting. The shade tree commission shall have 30 days after said meeting to issue its recommendation on the matter, or until and including its following regularly scheduled meeting, whichever occurs first. The person seeking such review shall have 10 days after receipt of the shade tree commission's recommendation to advise the shade tree commission and enforcement officer in writing as to whether he or she accepts the shade tree commission's recommendation. Any agreed-upon tree replacement or payment of a tree replacement fee, and payment of the service fee, shall be completed within 10 days of written acceptance of the shade tree commission recommendation. If not completed within this ten-day period, the enforcement officer shall have the authority to cause the issuance of a summons and complaint returnable in the Princeton municipal court.

(4)

If the person does not accept the enforcement officer's initial recommendation or the shade tree commission's recommendation within the applicable periods set forth above, then the enforcement officer shall have the authority to cause the issuance of a summons and complaint returnable in the Princeton municipal court.

(b)

Adjudication of complaints in municipal court. A person violating this chapter, who has not otherwise resolved the matter as set forth above in subsection (a) of this section, shall be subject to the penalties set forth in section 1-6 of this Code. In addition, the court may order restitution (appraised value) and/or replacement of the tree or trees illegally removed or destroyed. Each tree removed or destroyed on the same lot in violation of this chapter shall be considered a separate violation.