[HISTORY: Adopted by the Mayor and Council of the Borough of Shrewsbury 9-27-1973
by Ord. No. 346 as §§ 3-125 to 3-129 of the
1973 Code; amended in its entirety at time of adoption of Code (see Ch. 1,
General Provisions, Art. III). Subsequent amendments noted where applicable.]
In addition to the powers specifically enumerated in this chapter and in Chapter 94, Zoning and Land Development, of the Code of the Borough of Shrewsbury, the Shade Tree Commission shall have such powers as are authorized by N.J.S.A. 40:64-1 to 40:64-14, inclusive, and as amended and supplemented.
The Shade Tree Commission shall have the following powers:
A.
Exercise full and exclusive control over the regulation,
removal, planting, placement, trimming, spraying and care of shade and ornamental
trees, shrubbery and other plantings now located or which may hereafter be
planted in a utility right-of-way, on construction sites, and in any public
highway, right-of-way, park or parkway, except such as are excluded pursuant
to N.J.S.A. 40:64-1.
B.
Regulate and control the use of the ground surrounding
the same, so far as may be necessary for their proper growth, care and protection.
C.
Remove or require the removal of any tree or part thereof
that is diseased or dangerous to public safety, at the expense of the owner
of such tree following appropriate notice of its intention to remove or cause
the removal of a tree or part of a tree dangerous to public safety.
D.
Administer treatment to or remove any tree situated upon
private property which is believed to harbor a disease or insects readily
communicable to neighboring healthy trees in the care of the municipality,
and enter upon private property for that purpose, with the consent of the
owner thereof, provided that the suspected condition is first confirmed by
certificate issued by or on behalf of the Department of Agriculture, Monmouth
County Shade Tree Commission or a certified arborist.
E.
Notices; costs to be lien; exceptions.
(1)
Notices. The Commission shall give reasonable notice
of its intention to remove or cause the removal of a tree or part of a tree
dangerous to public safety, unless public safety requires immediate removal,
in which case no notice shall be necessary.
(2)
Costs to be lien. The cost of removal of any tree dangerous
to public safety shall be a charge upon the owner of the property from which
the diseased or dangerous tree is removed. Such cost, unless paid directly
to the Commission, shall be certified by it to the Collector of Taxes of the
Borough of Shrewsbury, shall thereupon become a lien upon said real estate,
and shall be included in the next tax bill rendered to the owner or owners
thereof and be collected in the same manner as other taxes against that property.
F.
In every case where the property of an abutting owner
shall be chargeable with the cost of the planting of any shade tree or trees,
the Commission shall give notice of the meeting at which it is proposed to
consider said planting, by publishing the notice at least once, not less than
20 days before the meeting in a newspaper circulating in the municipality,
or by personal service of a copy of the notice upon the abutting owner at
least 10 days before the meeting. The notice shall specify the street, streets
or portions thereof on which such planting is proposed, and require all persons
who may object thereto to present their objections in writing at the office
of the Commission at or before the meeting.
G.
No statute giving any person or state 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.
It shall be unlawful for any person, firm, partnership, association,
joint venture, corporation, public utility or other entity to commit any of
the following acts to shade or ornamental trees, shrubbery and other plantings
under the jurisdiction of the Shade Tree Commission:
A.
To remove, cut, break or injure any shade tree or part
thereof approved by the Shade Tree Commission.
B.
To place any rope, wire, sign, poster or other fixture
on a shade tree or tree guard unless approved by the Shade Tree Commission.
C.
To close or obstruct any open space provided about the
base of a tree or shrub to permit the access of air, water or fertilizer to
the roots of such tree or shrub, including mulching material that shall not
be placed against the tree bark.
D.
To damage, misuse or remove any device placed to protect
any shade tree.
E.
To permit any animal to injure or destroy any shade tree.
F.
To pour any saltwater or other chemical or other substance
near or upon any shade tree in such a manner as might cause damage to such
tree or come into contact with or otherwise cause damage or injury to the
stem or roots of any tree or shrub upon any street, highway, park or parkway
in the Borough, or to permit any fire, tar kettle, road roller or other engine
to stand in such manner as to injure a shade tree.
G.
To pile any building material or make any mortar or cement
within six feet of a tree or shrub.
H.
To interfere or cause to authorize any interference with
the Shade Tree Commission or any of its employees or agents engaged in or
about the planting, cultivating, mulching, pruning, spraying or removing of
any shade tree.
I.
To plant, set out, take down or remove any shade tree
without first having obtained from the Shade Tree Commission a written permit
to do so, or without complying in all respects with the conditions set forth
in such written permit.
J.
To plant material on the New Jersey Invasive Species List.
K.
To excavate land or remove trees, shrubbery and other
plantings, including ground cover, from developed and undeveloped commercial
land without the approval of the Shade Tree Commission, except as specified
hereinafter. Excluded from this requirement are:
(1)
The clearing, mowing or plowing of weeds, ground cover
and small tree growth (less than two inches in diameter as measured one foot
from ground level) in areas of property that have been previously maintained
as open areas or under cultivation.
(2)
The removal of dead or diseased trees and ornamental
shrubbery and the planting or new trees and shrubbery.
L.
To destroy natural features such as trees, slopes, hilltops
and views, which shall be preserved wherever possible.
M.
To allow trees and shrubbery to obstruct public sidewalks,
paths, walkways or streets and to obstruct vision and/or passage of persons
or vehicles using same. Owners of properties shall prune trees in such a manner
that branches will hang not less than eight feet over sidewalks and walkways
and 13 feet over roadways. Shrubbery bordering sidewalks, paths or walkways
shall be pruned a minimum of three inches from sidewalks, paths or walkways
and in such a manner to prevent branches from obstructing, hindering or harming
pedestrians using the walkways.
N.
To park motor vehicles on landscaped sections, on grass, or against
trees and shrubbery in residential, business, professional, commercial and
industrial zoning districts.
O.
For every person, firm or corporation owning or having
control over any wire, cable and appurtenances for the transmission of electric
current along or over any street, highway, park or parkway within the Borough,
to fail at any time to guard and protect all trees, through, over or near
which such wire, cable or appurtenance may pass, from and against any injury
or damage therefrom or from the electric current carried by the same. The
device or means used for the transmission of any electric current and the
methods used to guard and protect any such tree or trees shall be subject
to the approval of the Shade Tree Commission.
P.
For any public utility or similar entity, except during
periods of emergency, to prune trees for line clearance or interfere with
or endanger street trees during the installation or repair of any utility
related apparatus, without the prior written approval of the Shade Tree Commission.
A.
The Chairman of the Shade Tree Commission shall have
the authority to issue permits for work involving planting, trimming, removal
and/or spraying of trees and shrubbery within the Borough right-of-way, on
Borough-owned property, within a utility right-of-way, and on construction
sites that do not require subdivision and/or site plan approval by the Borough
Planning Board or Zoning Board of Adjustment.
B.
Utility right-of-way; construction sites.
(1)
Utility. The utility shall file an application for a
permit with the Shade Tree Commission at least 30 days prior to the scheduled
occurrence activity and shall pay a permit fee of $25 $50. The utility shall
provide the following information: the geographic location of the utility
right-of-way; the trees and shrubs proposed to be removed, pruned and/or cut
down; and shall identify any herbicide to be used. Following receipt of a
permit, the utility shall notify the property owner and occupants of the residence
or structure on the property on which the trees are to be pruned, cut down
or removed and of any herbicide to be used to remove tree stumps or used to
control undesirable plant species.
(2)
Construction site. Immediately following the issuance of a zoning permit for construction of a new building, or reconstruction/addition to a residence or structure that does not require subdivision or site plan approval or a variance, the property owner or building contractor of the site on which construction is planned shall file an application for a permit and a landscape plan with the Shade Tree Commission and shall pay a permit fee of $25. The landscape plan shall identify trees and shrubs to be removed, pruned and/or cut down, and identify any herbicide to be used and shall also specify the location of planting material to be retained and/or new planting material as required in § 246-5, Landscaping requirements.
C.
Trees; shrubbery. All work performed pursuant to permits
issued by the Shade Tree Commission shall be performed in accordance with
current recommendations and approved standards of the National Arborist Association,
American National Standards Institute (ANSI), ANSI-Z133 & 300A, and New
Jersey Certified Tree Experts Board.
D.
Herbicides.
(1)
All herbicide applications shall be performed in accordance
with the pesticide product Federal Registered Label and the New Jersey Department
of Environmental Protection Pesticide Control Program and Pesticide Control
Regulations. If herbicides are to be used, the utility and/or building contractor
shall provide a safety data sheet upon request of the Commission.
(2)
Notification required. Prior to spraying any herbicide,
the utility or building contractor shall notify property owners, occupants
of residences or structures on the property and adjacent property owners and/or
occupants of residences or structures on adjacent properties of the type of
herbicide and the date(s) when the herbicide is to be used. This includes,
but is not limited to, the area-wide notification requirements and regulations
regarding pesticide applications adjacent to schools.
E.
Inspections; enforcement. Borough supervisory inspections
shall be provided by the Borough Department of Public Works, utilizing employees
trained in tree trimming. Enforcement of the above requirements shall be the
responsibility of the Borough Code Enforcement Officer.
A.
Landscaping of new construction, reconstruction and additions.
(1)
Applicants who have filed for a zoning permit for new
construction or to reconstruct and/or add to existing structures and have
received a zoning permit that does not require review by the Borough Planning
Board or Zoning Board of Adjustment shall submit seven copies of a landscaping
plan to the Shade Tree Commission showing the location of existing trees of
three-inch caliper or more and existing plantings and the trees and plantings
that shall be removed due to construction.
(2)
The landscaping plan shall provide a minimum of 10% of
the plan site to be reserved for landscaping, which shall be reasonably distributed
within the area and shall include suitable shrubbery in a planting strip not
less than four feet wide on the front, rear and two sides of the structure.
The landscape plan shall specify the location of planting material, their
minimum sizes, quantity, variety and species (common and/or botanical names).
(3)
Concrete curbing or belgian block shall be installed
so that motor vehicles are restricted from driving onto established landscaped
sections.
(4)
Bases of trees and other landscaped sections shall include
ground cover or mulching material to discourage the growth of weeds. Gravel,
stone or decorative stone shall not be permitted to be used as ground cover
unless specifically approved by the Shade Tree Commission.
(5)
Bases of trees and landscaped areas shall be mulched
to a depth not to exceed four inches, placing mulch six inches from the tree
trunk at ground level and outward to the edge of the drip line of the tree
to a maximum depth of four inches.
(6)
Shade trees. Shade trees shall be planted along all undedicated
roads, drives and parking areas in accordance with the specifications thereof.
One tree is required for each 40 feet of curbing, edge of pavement or designated
area.
B.
An applicant granted a permit for construction and/or
reconstruction shall not excavate land or remove trees, shrubs and other plant
material from a proposed building site until a landscaping plan has been approved
by the Shade Tree Commission. Existing trees and shrubs to be retained shall
be protected by the erection of storm fencing at the outermost drip line of
the trees and shrubs during construction.
C.
Following the issuance of a temporary certificate of
occupancy by the Construction Official to the applicant or developer of any
tract of land or site wherein the landscaping requirements approved by the
Shade Tree Commission have not been met, the applicant or developer shall
be required to post a performance bond to cover the cost of landscaping which
has not been completed. The amount of the performance bond shall be set by
the Shade Tree Commission and posted with the Mayor and Council of the Borough
of Shrewsbury as an escrow deposit and shall not be released until completion
of the landscaping plan.
D.
Landscaped areas and sections, including trees, shrubbery,
fences and the grounds in and surrounding these sections, shall be properly
maintained in accordance with the landscaping plan approved by the Shade Tree
Commission. Shrubs or trees shown on the original landscaping plan shall be
replaced when they are dead or have become unsightly, in the opinion of the
Shade Tree Commission.
A.
Regulations.
(1)
Any owner, person, firm or corporation erecting and constructing
any new building or buildings in any zoning district within the Borough of
Shrewsbury and any person building any residence, dwelling or multiple-family
house within the Borough shall plant shade trees in front yard areas at least
five feet from the right-of-way, defined as a strip of land occupied or intended
to be occupied by a sidewalk, utility transmission lines, gas pipeline, water
main, and/or sanitary or storm sewer. One tree shall be planted every 40 feet
of frontage of said property, unless a waiver is granted by the Shade Tree
Commission.
(2)
The Shade Tree Commission may grant a waiver if there
are trees growing along such right-of-way or on the abutting property near
the street line which are in compliance with the specifications of the Shade
Tree Commission.
(3)
Such new trees to be provided shall be of a kind and
size approved by the Shade Tree Commission and shall be planted in accordance
with its specifications for planting trees in such locations approved by the
Shade Tree Commission.
B.
Specifications for shade trees.
(1)
Shade tree size. Trees shall be not less than 1 3/4
to two inches caliper, measured six inches above the ground, nor less than
12 feet high. Trees must be well branched, the branches to start
not less than six feet from the crown of the root system.
(2)
Flowering trees size. Where authorized for placement,
flowering decorative trees may be of smaller size than shade varieties. Those
trees shall not be less than 1 1/2 inches caliper, measured six inches
above the ground, nor less than eight feet high. They must be well branched,
the branches to start not less than five feet from the crown of the root system.
(3)
Placement. All trees must be planted in the location
approved by the Shade Tree Commission. Large growing (timber type) trees shall
be located not closer than five feet from the edge of the existing or future
sidewalks on the property owner's side adjacent thereto, in a place which
shall not interfere with utilities. Ornamentals can be planted in the planting
strip between the curb and sidewalk if approved by the Shade Tree Commission.
The planting strip shall be not smaller than 30 inches wide. Trees are to
be no less than 25 feet from intercepting curbs at street corners and not
more than 40 feet apart.
(4)
Time for planting. Deciduous trees under the jurisdiction
of the Commission shall not be planted between May 15 and November 1 without
specific authorization.
(5)
Soil excavations. Soil excavation must not be less than
18 inches deep and not less than 30 inches in diameter. A seepage area shall
be provided by loosening the soil to a depth of one foot below the excavation.
Planting soil shall be composed of one part peat, one part humus and one part
of parent soil (all mixed thoroughly), to which shall be added and mixed in
two pounds of bonemeal or its equivalent.
(6)
Planting; watering. At time of planting, burlap and wire
surrounding the root ball shall be loosened from around the tree trunk. Each
tree shall be given an adequate amount of water at the time of planting.
(7)
Staking and guying. Stakes shall be white or red cedar,
oak or locust treated with an approved wood preservative and must be eight
feet long and not less than two inches in minimum diameter. Stakes must be
driven securely into the ground and preferably on the northwest side of the
tree trunk. Trees shall be guyed with rubber hose or plastic straps and must
be watered adequately for a minimum of one year after planting.
(8)
Removal of all planting debris. Removal of debris is
required. The property shall be left in a neat and orderly condition in accordance
with good and accepted planting and nursery practice. Stakes shall be removed
after a period of one year.
(9)
Planting notice. Notice must be given to a member of
the Shade Tree Commission three days prior to start of planting in order that
the Commission may inspect the stock for variety, condition, size and quantity.
All work shall be subject to the general supervision and approval of the Commission.
(10)
Survival. All plantings which fail to survive for a period
of one calendar year following planting shall be replaced by the property
owner or responsible building/landscape contractor at no cost or expense to
the Borough or Commission. Said replacement shall be made within 60 days following
written notice from the Commission for such replacement or within such more
extended period as may be specified by planting conditions. After one year,
said plantings which fail to survive shall be replaced at the expense of the
property owner.
C.
Specifications for landscaping and screening.
(1)
Approved varieties. The varieties or species selected
for landscaping and screening shall be subject to the approval of the Shade
Tree Commission. Evergreen plantings may be interspersed with or placed with
appropriate deciduous flowering shrubs. No plant material on the New Jersey
Invasive Species List shall be used. The use of native plants is encouraged.
(2)
Placement. All plantings must be at least the maximum
mature plant distance from the foundation, wall or fence, but not less than
two feet therefrom. One evergreen is required for each five feet of the foundation,
wall or fence, including side surfaces of projecting porches or steps. Rear
exposures may be exempted under circumstances as determined by the Shade Tree
Commission. Varieties will be selected and specified as appropriate to sun
and wind exposures and will be suitable in mature size for the location to
be planted.
(3)
Soil. Excavations for each plant must be not less than
12 inches deep and not less than 20 inches in diameter. A seepage area shall
be provided by loosening the soil to a depth of six inches at the bottom of
the excavation. Planting soil in the excavation shall be composed of one part
peat or humus and four parts of good soil free of debris (all mixed thoroughly),
to which shall be added and mixed one pound of bonemeal or its equivalent.
There shall be no pieces or chunks of plaster, mortar or other lime-containing
material or loose lime around foundation plantings and other planting areas.
(4)
Mulching. Each evergreen and shrub planted shall be mulched
with wood chips, peat, buckwheat hulls, cocoa hulls or other approved material
out to the branch tips, not to exceed four inches in depth.
(5)
Removal of planting debris. Removal of all planting debris
is required. The property must be left in a neat and orderly condition in
accordance with good and accepted planting practice.
(6)
All plantings which fail to survive for a period of one
calendar year following planting shall be replaced by the contractor at no
cost or expense to the Borough or Commission. Said replacement shall be made
within 30 days following written demand for such replacement from the Commission
or within such more extended period as may be specified. After one year, plantings
which fail to survive shall be replaced at the expense of the property owner.
The owner, contractor or other persons interested as lessee, tenant
or otherwise of a building or premises where a violation of any provision
of these regulations shall have been committed or shall exist shall, upon
conviction, be subject to a fine of not less than $50 nor more than $1,250,
a term of imprisonment not exceeding 90 days or a period of community service
not exceeding 90 days, or any combination thereof. Each day that a violation
is permitted to exist following a ten-day written notice by the Shade Tree
Commission shall constitute a separate offense.
