[HISTORY: Adopted by the City Council of the City of Cape
May as Ch. XIX of the 1997 Revised General Ordinances. Amendments
noted where applicable.]
No person shall do or cause to be done any of the following
acts affecting the trees, plants, shrubbery or other ornamental flora
No board, body or official of the City shall have the power or authority
to authorize any person (other than the City) to lay any sidewalks
along, or to open, construct, curb or pave any street, or to do any
similar act which shall be construed to permit or authorize any interference
with, or injury to, a highway shade tree without the planted or growing
naturally within the highways or public places under the jurisdiction
of the City, except with a written permit first obtained from the
Shade Tree Commission:
A.
Cut, trim, break, disturb the roots of, or spray with chemicals any
living tree or shrub; or injure, misuse or remove any structure or
device placed to support or protect any tree or shrub.
B.
Plant or remove any living tree or shrub, or climb with spikes any
living tree or shrub.
C.
Fasten any rope, wire, electric attachments, sign or other device
to a tree or shrub, or to any guard about such tree or shrub.
D.
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.
E.
Pile any building material or make any mortar or cement within six
feet of a tree or shrub.
F.
Change the grade of the soil within the limits of the lateral spread
of the branches of any such tree.
Every person having control over any wire for the transmission
of an electric current along a public highway shall at all times guard
all trees through which, or near which, such wire passes, against
any injury from the wire or cable or from the electric current carried
by it. The device or means used shall in every case be subject to
approval by the Shade Tree Commission.
No person shall place any guy wire, brace or other device on
any such tree in such a manner as to injure it.
No person shall hitch or fasten an animal to any tree or shrub
upon a public highway or to any guard or support provided for the
same, or permit an animal to bite or otherwise injure any tree or
shrub.
No person shall permit any brine, gas or injurious chemical
or liquid to come in contact with the stump or roots of any tree or
shrub upon a public highway.
No person shall prevent, delay or interfere with any lawful
work undertaken by the Shade Tree Commission or its authorized agent.
A.
Removal required; notice. In case any tree or shrub, or any part
thereof, along the public highway shall become dangerous to the public
safety, the owner of the property in front of which such tree or shrub
shall be shall remove the same, or the required part thereof, forthwith
upon service of written directive to that effect from the Shade Tree
Commission. The notice shall be sufficient if served in the same manner
as a summons may be served in accordance with the New Jersey Rules
of Court.
B.
Clear view at intersection; standard established. The owner or tenant
of any lands lying within the City shall keep all brush, hedges and
other plant life, growing within 10 feet of any roadway and within
25 feet of the intersection of two roadways, cut to a height of not
more than 2 1/2 feet. This shall not require the cutting down
of any trees where there is vision through the trees at a height of
between 2 1/2 feet and eight feet from the ground.
C.
Removal by City. If the owner fails to remove the tree or shrub or
portion thereof within two weeks after service of written notice to
do so, the work shall be performed by the City under the supervision
of the Public Works Superintendent, who shall certify the cost thereof
to the Council.
[Amended 11-14-2005 by Ord. No. 53-2005]
D.
Costs charged against land; lien established. Upon receipt of the
certified cost, the Council shall examine same and if found correct
shall cause the costs to be charged against the lands, or if the Council
deems the costs to be excessive, shall cause the reasonable cost thereof
to be charged against the lands. The amount so charged shall forthwith
become a lien upon the lands and shall be added to and become and
form part of the taxes next to be assessed and levied upon the lands,
the same to bear interest at the same rate as other taxes, and shall
be collected and enforced by the same officer and in the same manner
as taxes.
[Added 6-17-2008 by Ord.
No. 156-2008[1]]
No board, body or official of the City shall have the power
or authority to authorize any person (other than the City) to lay
any sidewalks along, or to open, construct, curb or pave any street,
or to do any similar act which 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. The Shade Tree Commission
shall reasonably cooperate with such person, board, body or official
for the general public good.
[Amended by Ord. No. 1301-2003]
B.
Replacement assessment. In addition to the penalties provided for
herein, any person who removes or otherwise destroys a tree in violation
of this chapter shall, upon conviction, pay a replacement assessment
to the City. The replacement assessment of each tree removed or otherwise
destroyed in violation of this chapter shall be calculated by multiplying
the area of the tree trunk, in square inches, measured 4.5 feet above
the ground, times $27. The area of the tree trunk shall be computed
by multiplying 3.14 times the radius squared (ex. a tree having a
radius of four inches results in 3.14 x 42 = 50.24 square inches).
C.
Recurring violations. Any person, corporation, firm or other entity
who is convicted of violating this chapter within one year of the
date of a previous violation of this chapter shall be sentenced by
the court to an additional fine as a repeat offender in accordance
with N.J.S.A. 40:69A-29.
[Added 6-20-2006 by Ord.
No. 68-2006]
A.
Purpose. The intent and purpose of this section is to establish standards
for the City for the protection and preservation of certain trees
defined herein growing in a natural state within this municipality.
B.
ISSUING AUTHORITY
NATURAL RESOURCE TREE
PRESERVATION EASEMENT
REMOVE OR REMOVAL
Definitions.
The Cape May City Shade Tree Commission.
[Amended 10-15-2019 by Ord. No. 380-2019]
Any woody perennial plant, having a diameter of six inches
or greater measured at a point 4 1/2 feet above the ground.
[Amended 10-15-2019 by Ord. No. 380-2019]
Agreement wherein the landowner agrees to take no action
which will jeopardize the health of a protected tree and to grant
to the City access to maintain such protected tree.
The cutting down or other permanent destruction of a tree,
regardless of whether the trunk of root system is allowed to remain.
C.
Applicability. This section shall apply to the removal of all trees, growing upon any land in the City unless such trees are permitted to be removed under the provisions included in §§ 482-1 through 482-7 above, are trees growing on a property as part of a nursery or garden center, or are otherwise regulated as part of the City's zoning regulations as set forth in § 482-10F, below. Trees blown over and damaged beyond repair as approved by the Shade Tree Commission may be removed immediately without permit or payment of any fee.
[Amended 10-15-2019 by Ord. No. 380-2019]
D.
Permit; application; procedure; fee.
(1)
No person shall remove or destroy any tree subject to the regulations
contained in this section without first obtaining a tree removal permit
from the City.
(2)
Tree removal permits shall be reviewed and approved by the Issuing
Authority and, once approved, issued by the Shade Tree Commission
Office to the owner or his authorized contractor and shall contain
the name and address of the owner of the lands upon which the tree
or trees sought to be removed are located, and the type, size and
location of tree or trees sought to be removed.
(3)
The applicant shall file an application for a tree removal permit
on forms made available in the Shade Tree Commission Office. At the
time of filing the application, the applicant shall pay a fee of $75
for each tree to be removed. Fee is reimbursable if the tree is not
removed.
[Amended 10-15-2019 by Ord. No. 380-2019]
(4)
The tree removal permit shall be valid for one year from the date of issuance. If, at the end of the term, the Issuing Authority is satisfied that the standards set by this section have been met and that no violations of this section have taken place, the permit shall be renewed, subject to any conditions as defined in Subsection E below.
[Amended 10-15-2019 by Ord. No. 380-2019]
E.
Conditions and standards for grant or denial of permit. The Issuing
Authority shall grant or deny such permit with reference to the standards
contained in this subsection. In applying such standards, the Issuing
Authority may condition the grant of the permit upon such reasonable
conditions as may be deemed necessary to effectuate the purpose of
this section.
[Amended 10-15-2019 by Ord. No. 380-2019]
(1)
The Issuing Authority shall be satisfied that the removal of any
particular tree that is unique in age, size or type is required for
the effective utilization of the lands in question.
(2)
The Issuing Authority shall be satisfied that the proposed removal
of trees shall not impair the growth and development of the remaining
trees on the lands where the proposed tree or trees are located, as
well as on other adjacent lands therefrom.
(3)
The Issuing Authority shall be satisfied that adequate precautions
shall be taken with respect to the removal of the tree or trees, that
other trees will not be damaged by mechanical removal, that the roots
of remaining trees will not be cut. If the Issuing Authority so determines,
the root system of existing, remaining trees shall be protected by
installation of a mesh barrier around those trees at one foot per
inch of tree diameter. Wood may be cut to fireplace size and stacked
at an appropriate location for owner's use.
F.
No construction
equipment, storage of building supplies, or compacting of soil shall
be permitted in connection with the preservation of or any tree or
trees.
[Amended 10-15-2019 by Ord. No. 380-2019]
G.
Right to hearing. Any person aggrieved by a decision of the Issuing
Authority shall be afforded a hearing with respect thereto before
the City Manager and a representative of the Shade Tree Commission,
if a written request is filed within 10 days from the action of the
Issuing Authority.
H.
Trees of special value.
(1)
The City Council may designate, by ordinance, a certain tree or a
certain species of tree as being of special value based on size, rarity
or historical importance.
(2)
If any tree or species of tree designated under this section is located
on a site being considered for subdivision approval, the Planning
Board may, as a condition of final approval, require the developer
to grant a preservation easement to the City of Cape May.
[Amended 10-15-2019 by Ord. No. 380-2019]
(3)
If any tree or species of tree designated under this section is located
on private property not seeking subdivision approval, the City may
acquire a preservation easement by gift or purchase.
I.
Violations and penalties.
(1)
Any person, corporation or entity violating any provision of this section shall be punished as provided in § 482-9A of this chapter.
(2)
The Code Enforcement Officer shall be responsible for enforcing of
this chapter.
(3)
Nothing herein shall be deemed to limit the remedies available to
the City of Cape May or other person seeking to compel enforcement
of this section, and the remedies of compelling replacement of a tree
or trees by paying money damages shall be considered cumulative.
(4)
Should
the City choose reimbursement as a penalty for the violation of this
section, the rate of reimbursement shall be $27 per basal inch of
the tree, in accordance with the state-sanctioned reimbursement value.
Should the state modify or amend that value, the reimbursement value
to the City shall reflect that modification or amendment.
[Added 10-15-2019 by Ord. No. 380-2019]
[Added 2-21-2023 by Ord. No. 490-2023]
A.
No person
shall do or cause to be done any of the following acts: affix any
item, handbill, poster, notice, sign, advertisement, sticker, or other
printed material upon any tree in a public right-of-way by any means,
including but not limited to stapling, nailing, screwing, or piercing
the tree by any method.
B.
There
is a rebuttable presumption that the person whose name, telephone
number, or other identifying information appears on any handbill,
poster, notice, sign, advertisement, sticker, or other printed material
on any item or structure is in violation of this section.
C.
In addition to the general penalty provisions set forth in Chapter 1, Article III, anyone found to have violated this provision shall also be responsible for the cost of the removal of the unauthorized postings. Every handbill, poster, notice, sign, advertisement, sticker, or other printed material found to be in violation of this section and of the same source shall be deemed a separate violation.
