For purposes of this article the following words and terms are
defined as follows:
PERSON
Every person, firm, association, partnership and corporation.
PLANT CONSTRUCTION
As applied to public utility companies shall mean poles,
wires, cables, subsurface conduits, pipes, manholes and appurtenant
facilities of such companies installed in a street.
RIGHT-OF-WAY
Any public street as delineated on the Township of Pequannock
Tax Map as well as the boundaries of the right-of-way of any street
so delineated.
STREET
A.
Any public street designated by the governing body to be within
the jurisdiction of the Shade Tree Commission.
B.
Municipal parks and parkways.
TREE
Any tree or any root or branch thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The regulation, planting, care and control of shade and ornamental
trees and shrubbery upon and in the streets, highways, public places
and parks and parkways of the Township of Pequannock, except state
highways, unless the Department of Transportation shall assent thereto,
and except county highways, parks and parkways, unless a county shade
tree commission is operative and gives assent thereto, shall be exercised
by and under the authority of the Pequannock Township Shade Tree Commission
which is hereby created. The Commission shall consist of five members
and two alternate members. The members and alternate members shall
be appointed by the Mayor and shall be residents of the Township and
shall serve without compensation except as hereinafter provided.
The first Commissioners shall be appointed within 60 days after
the effective date of this article and their terms of office shall
commence upon the date of their appointment and be for the respective
periods for the five members of one, two, three, four and five years.
The term of each appointee shall be designated in his appointment.
All subsequent appointments, except to fill vacancies, shall be for
the full term of five years, to take effect on January 1 next succeeding
such appointment. In the event that the membership of any Commission
is increased, the new members shall be appointed in such manner that
the terms shall expire in accordance with the foregoing.
The Commission shall organize within 30 days after the appointment
of its total membership for the remainder of the then calendar year
and thereafter annually by the election of one of its members as Chair
and the appointment of a Secretary who need not be a member. Members
of the Commission shall serve without compensation.
Any vacancy occurring by reason of death, resignation or removal
of any Commissioner shall be filled for the unexpired term by the
Mayor.
The Shade Tree Commission organized under this article shall
have power to:
A. Control the regulation, planting
and care of shade and ornamental trees and shrubbery now located or
which may hereafter be planted in any public street and park or parkway,
including the planting, trimming, spray, care and protection thereof,
and regulate and control the use of the ground surrounding the same,
so far as may be necessary for their proper growth, care and protection.
B. Move or require the removal of
any tree, or part thereof, dangerous to public safety.
D. Make recommendations to the governing
body concerning shade trees.
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 Commission shall reasonably cooperate with such person,
board, body or official for the general public good. Nothing contained
in this article shall be held to take away or diminish any of the
powers or authority of the Township of Pequannock over the trees or
shrubbery within its jurisdiction, or to give any other commission
or board any power or authority with respect to such trees or shrubbery.
No person shall do any of the following acts to any tree in
a public right-of-way without the prior permit of the Shade Tree Commission:
A. Cut, prune, climb with spikes,
break, damage or remove or kill, except that no prior approval of
the Commission shall be required for routine maintenance of trees,
including pruning of no more than 15% of the tree.
B. Cut, disturb or interfere in any
way with any root.
D. 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.)
E. Remove or damage any guard or device
placed to protect any tree or shrub.
F. Conduct razing, removal or renovation
of any structure if deemed, by the Commission, to be damaging to neighboring
street trees.
G. Place or distribute chemicals,
including but not limited to salt, deleterious to tree health.
H. Maintain a stationary fire or device
which vaporizes noxious fumes deleterious to tree health.
I. Remove soil, either for trenching
or otherwise.
J. Construct new sidewalks and/or
driveways with any material whatsoever within five feet of a tree.
K. Plant any tree or shrub within
the designated area under the control of the Commission.
Requests for permits required by the provisions of this article
for the performance of work should be directed to the Shade Tree Commission.
The Commission may utilize such application forms as it deems necessary
and may establish an appropriate procedure to process such applications.
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 provision
of this article shall be forthwith paid over to the custodian of the
municipal funds.
All regulations adopted by the Shade Tree Commission shall be
filed with the Municipal Clerk for inspection by the public during
regular business hours.