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.
(3) Exceptions. The provisions of this subsection shall not
apply to:
(a) A planting in connection with Arbor Day exercises or
other educational demonstration.
(b) A planting of a shade or ornamental tree by the Shade
Tree Commission on the street side of residential property for aesthetic purposes.
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.
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.