[Amended 10-24-2007 by Ord. No. 2007:993; 4-9-2008 by Ord. No. 2008:1008]
There is hereby created and established in and
for the Borough of Closter a Shade Tree Commission in accordance with
N.J.S.A. 40:64-1 et seq., the amendments thereto and supplements thereof.
Said Commission shall consist of seven voting members as follows:
five regular members plus one member who is also a member of the Council
and one member who is also a member of the Environmental Commission.
Should such member’s term on the Environmental Commission or
Council terminate, then a replacement from said bodies shall be designated
to fill the unexpired term on said Commission in order to ensure such
representation. There shall also be two alternate members. The members
and alternate members shall be appointed by the Mayor and shall be
residents of the Borough of Closter. The terms of the alternate members
shall be for five years, except that the terms of the alternate members
first appointed shall be five years for Alternate No. 1 and four years
for Alternate No. 2 so that the term of not more than one alternate
member shall expire in any one year.
The Shade Tree Commission hereby established
shall have all of the powers and shall be subject to all of the regulations,
provisions and restrictions set forth in the statutes of the State
of New Jersey, namely, N.J.S.A. 40:64-1 et seq., the amendments thereto
and supplements thereof, and such other powers and functions as may
be lawfully proscribed, designated or given by the Mayor and Council
of the Borough of Closter from time to time. These statutory powers
include:
A. Exercise full and exclusive control over the regulation,
planting and care of shade and ornamental trees and shrubbery now
located or which may hereafter be planted in any public rights-of-way
within the Borough of Closter, including the planting, trimming, spraying,
growth, care and protection thereof.
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. Move or require the removal of any tree, or part thereof,
dangerous to public safety.
D. Encourage arboriculture; make, alter, amend and repeal,
in the manner prescribed for the passage, alteration, amendment and
repeal of ordinances by the Mayor and Council of the Borough of Closter,
any and all ordinances necessary or proper for carrying out the provisions
hereof.
E. Enter upon private property, with the consent of the
owner, for the purpose of determining whether the trees are healthy
and 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,
provided the suspected condition is first confirmed by certificate
issued by or on behalf of the Department of Agriculture.
[Amended 10-24-2007 by Ord. No. 2007:993]
A. Protection of trees in the Borough right-of-way. No
individual or officer or employee of a corporation shall, without
the written permission of the Shade Tree Commission, cut, prune, break,
climb, injure or remove any living tree in the public right-of-way;
cut, disturb or interfere in any way with the roots of any tree on
the public right-of-way; spray with any chemical or insecticide any
tree in the public right-of-way; place any rope, sign, poster, or
other fixture on a tree in the public right-of-way; or injure, misuse
or remove any devise placed to protect such trees on the public right-of-way.
B. Planting trees. Any person, company or organization henceforth constructing or performing major alterations to any residences, commercial and/or office building, dwelling, apartment, or multiple-family dwelling within the Borough shall, at its expense, plant shade trees along the right-of-way upon which the building fronts and abuts in accordance with the provisions of this chapter. The Shade Tree Commission shall designate where such trees are to be planted and the variety of trees to be used. The person, company or corporation shall post a bond of $1,500 per tree, such money to be deposited with the Borough Administrator and designated for Shade Tree Commission use, pursuant to the provisions of this chapter, and held for up to two years and 11 months (i.e., the money, if returned, shall be returned at the end of the third calendar year from the date the bond was posted). Should any of the trees not be in satisfactory condition, in the sole discretion of the Shade Tree Commission, at that time, after notice to the owner, the moneys shall be used by the Shade Tree Commission to replace those trees deemed to be unsatisfactory. At the end of two years, any funds not used to replace unsatisfactory trees shall be refunded to those who posted the bond(s). If construction is taking place on property with street trees, see §
181-7 of the Borough Code.
[Amended 6-22-2011 by Ord. No. 2011:1094]
C. Shade trees and shrubs in right-of-way: approval required.
No shade tree or ornamental shrub shall be planted on the public right-of-way
of the Borough until such tree or shrub shall first have been approved
and the place where it shall be planted is designated by the Shade
Tree Commission.
D. Notice, hearing and emergencies. In every case where
the property of an abutting owner will 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 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.
Before final action shall be taken, all objections so filed shall
be considered. 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. If the Shade
Tree Commission finds it appropriate to plant a tree where none has
been planted before, it must give notice to the abutting owner as
described above.
All moneys collected in the municipality, either
as fines or penalties, for any violation of a rule or regulation of
the Shade Tree Commission, or as a charge against real estate, under
any provision of this article, shall be forthwith paid over to the
municipal officer empowered to be custodian of the funds of the municipality.
Such funds shall be spent in fulfillment of the goals of the Shade
Tree Commission, with the consent and approval of the Mayor and Council.
If any sentence, section, clause or other portion
of this chapter or the application thereof to any person or circumstance
shall, for any reason, be adjudged by a court of competent jurisdiction
to be invalid, such judgment shall not affect, impair or repeal the
remainder of this chapter. All ordinances or parts thereof inconsistent
herewith are hereby repealed to the extent of such inconsistency.
This chapter shall become effective immediately
upon final passage and publication as required by law.