[HISTORY: Adopted by the Township Committee of the Township of Lacey
10-24-1991 as part of Ord. No. 61-91 (Ch. 40 of the 1974 Code). Amendments
noted where applicable.]
The Township Committee of the Township of Lacey recognizes the physical,
aesthetic and economic value of trees, shrubs and other plants within the
township to its existing and future residents and further recognizes that
the protection, preservation, regulation and control of such trees, shrubs
and plants is essential to the health, safety, economy and general welfare
of the township. This chapter is enacted for the following purposes and intents:
A.
To provide for the regulation of the planting, care and
removal of shade and ornamental trees, shrubbery and other plants now located
or which may hereafter be planted in or on any street, highway, public place,
park or parkway, except for state parks and parkways or county parks and parkways,
of the Township of Lacey.
B.
To regulate and control the use of the ground surrounding
such trees, shrubbery and plants so far as may be necessary for their proper
growth, care and protection.
C.
To provide for the control of such streets, highways,
public places, easements, parks and parkways and to encourage arboriculture
within the Township of Lacey.
D.
To provide for a positive role by the Shade Tree Advisory
Committee in relation to all of the foregoing premises and to assist other
township bodies, including but not limited to the Administrator and his staff,
the Planning Board and Zoning Board, in the details necessary to carry out
the purposes of this chapter.
E.
To provide for review and recommendations by the Shade
Tree Advisory Committee of site plans and major subdivision applications before
the Planning Board and the Zoning Board of Adjustment of the township and
for cooperation between the Shade Tree Advisory Committee and the Environmental
Commission in all cases within the terms of this chapter when undeveloped
lands or lands in the process of development are involved.
F.
To subject all trees identifiable as being within the
above purposes to the jurisdiction of this chapter to the limit of the lawful
power of the township to do so.
A.
Appointments; terms.
(1)
Regular members. The Mayor shall appoint, with the advice
and consent of the Township Committee, five (5) residents of the Township
of Lacey to serve, without compensation, as Committee members. The first Committee
members shall be appointed within sixty (60) days after the final adoption
of this chapter. The terms of office shall commence upon the days of their
appointments and shall be for the respective periods of one (1), two (2),
three (3), four (4) and five (5) years, to take effect on January 1 next succeeding
such appointments. The term of each appointee shall be designated in the resolution
of appointment. All subsequent appointments, except to fill vacancies, shall
be for the full term of five (5) years, to take effect on January 1. The members
of the Shade Tree Advisory Committee shall designate one (1) of the members
to serve as Chairman and presiding officer during the first meeting and on
January 1 of each year.
(2)
Alternates. The Committee may include two (2) alternate
members who shall be appointed as "Alternate No. 1" and "Alternate No. 2."
Alternates shall serve during the absence of any regular member or members.
The term of the alternates' membership shall be for four (4) and five (5)
years respectively, beginning on January 1 of the year of appointment and
expiring on the fourth December 31, for Alternate No. 1, and the fifth December
31, for Alternate No. 2, next following the date of their appointments. Alternates
may only vote in the absence or disqualification of regular members, and no
vote shall be delayed in order that a regular member may vote instead of an
alternate.
[Added 7-11-1996 by Ord.
No. 96-36]
B.
Removal of members. The Mayor and governing body of the
township may remove any member of the Shade Tree Advisory Committee for cause,
on written charges served upon a member. The member shall be entitled to a
hearing and shall be entitled to be represented by counsel.
C.
Functions and duties. The Shade Tree Advisory Committee
shall:
(1)
Formulate such recommendations to the Township Committee
concerning shade trees, soil and landscaping protection and environmental
appearance.
(2)
Interact with the Ocean County Shade Tree Commission
to assure compliance with Ocean County shade tree regulations and to foster
interaction with the County of Ocean for the preservation of trees.
(3)
Increase the awareness and need for shade trees.
(4)
Provide technical assistance to township organizations
and interest groups.
(5)
Plan and enhance Arbor Day programs and create other
programs directed at schools for tree awareness and be responsible for the
application to the "Tree City U.S.A." award program.
(6)
Provide an annual report to the Township Committee detailing
a comprehensive planting and maintenance program to enhance the appearance
of township roads, buildings, parks and other township properties.
(7)
Provide guidance to property owners of the Township of
Lacey in matters of tree maintenance, tree selection and planting and protection
of trees.
(8)
Make recommendations for the protection of trees, including
but not limited to gypsy moth and other destructive organisms.
(9)
Identify historical, specimen and other significant trees
within the township.
A.
It shall be unlawful for any person to commit any of
the following acts to shade or ornamental trees and shrubbery on streets,
highways, parkways, easements, parks and other lands owned by or dedicated
to the township:
(1)
To remove, cut, break or injure any such tree, shrub
or part thereof unless approved, in writing, by the Shade Tree Advisory Committee.
(2)
To place any rope, wire, sign, poster or other fixture
on a tree or tree guard unless approved, in writing, by the Shade Tree Advisory
Committee.
(3)
To plant, set out, take down or remove any tree or shrub
unless approved, in writing, by the Shade Tree Advisory Committee.
B.
Written approval by the Shade Tree Advisory Committee under Subsection A(1) through (3) preceding shall be given only in response to a request in writing showing good cause and shall be given on clearly stated terms and conditions satisfying the purposes of this chapter. A copy of all such approvals shall be forwarded to the Township Administrator.
C.
It shall be unlawful, with respect to shade or ornamental
trees and shrubbery on streets, highways, parkways, easements, parks and other
lands owned by the township, for any person:
(1)
To damage, misuse or remove any device placed to protect
any such tree or shrubbery.
(2)
To pour any saltwater or other chemical near or upon
any tree or to permit any fire, tar kettle, road roller or other engine to
stand in such manner as to injure a tree.
(3)
To interfere or cause any interference with the Shade
Tree Advisory Committee and Department of Public Works in the planting, cultivating,
mulching, pruning, spraying or removing of any tree.
D.
Immediate action may be taken by any utility company,
state, county or municipal agency or authority in the event of an emergency
which requires immediate removal of any tree or shrub or part thereof.
A.
The Shade Tree Advisory Committee shall approve of a
list (preferred species list) of shade trees, ornamental trees and shrubs
to be planted by applicants to the extent possible. All such trees must be
Grade A nursery stock. The preferred species list of shade trees, ornamental
trees and shrubs may be obtained from the Shade Tree Advisory Committee, Zoning
Officer or Township Clerk.
B.
The varieties or species of shade trees, ornamental trees,
shrubbery and other plants selected for landscaping and screening shall be
subject to the approval of the Shade Tree Advisory Committee. The Shade Tree
Advisory Committee shall update the list of preferred species on an annual
basis.
[Amended 7-11-1996 by Ord.
No. 96-36]
A.
The owner or agent of premises where a violation of any provision of this chapter shall have been committed or shall exist or the lessee or tenant of any part of the premises in which such violation shall have been committed or shall exist or any other person who shall maintain any premises in which any violation of this chapter shall exist or any person who shall commit a violation of § 113-3 of this chapter, for each and every violation upon conviction in the Lacey Township Municipal Court, shall be fined not exceeding one thousand dollars ($1,000.), be imprisoned for a period not exceeding ninety (90) days and/or serve a period of community service not exceeding ninety (90) days. Each day that a violation is permitted to exist shall constitute a separate offense.
[Added 7-11-1996 by Ord.
No. 96-36]
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 which are necessary for the supply of electric light, heat or power, communication or cable television services upon lands for which it has acquired an easement or right-of-way shall not be subject to § 113-5, Violations and penalties; replacement assessment. Public utility and cable television companies are not exempt from § 113-5, Violations and penalties; replacement assessment, imposed for negligent actions.
