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.
[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.
B. Pursuant to N.J.S.A. 40:64-12b, the Committee may require a person who removes or otherwise destroys a tree in violation of §
113-3 of this chapter to pay a replacement assessment to Lacey Township. The amount of such replacement assessment shall be calculated as provided in N.J.S.A. 40:64-12b.
[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.