[HISTORY: Adopted by the Township Council of the Township of Monroe as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-7-1973 by Ord. No. O-16-73 (appeared as Ch. 33 of the 1967 Code)]
There is hereby created a commission for the purpose of improving the environment and conservation of natural resources, and this commission shall be known as the "Monroe Township Environmental Protection Commission."
A.
The Commission shall consist of seven members and two alternate members, all of whom shall be appointed by the Mayor.
[Amended 5-21-1986 by Ord. No. O-15A-86; 10-13-1998 by Ord. No. O-33-98]
B.
All members of the Commission shall serve without compensation in accordance with N.J.S.A. 40:56A-1. One member of the Commission shall also be a member of the Planning Board, and all members shall be residents of the Township of Monroe.
[Amended 5-21-1986 by Ord. No. O-15A-86]
C.
Each Commissioner shall hold office for a period of three years, except that the terms of office of the first Commissioner shall be in accordance with N.J.S.A. 40:56A-1. Each alternate member shall serve for a period of one year.
[Amended 10-13-1998 by Ord. No. O-33-98]
D.
The Mayor shall designate one of the members of the Commission to serve as Chairman and presiding officer.
The Environmental Commission shall have the following powers and duties:
A.
Conduct research into the use and possible use of open land areas.
B.
Coordinate the activities of unofficial bodies organized for similar purposes.
C.
Keep an index of all open areas publicly or privately owned, including open marshlands, swamps and other wetlands.
D.
Recommend to the Planning Board, from time to time, programs for inclusion in the Master Plan and programs for development and use of such areas.
E.
Acquire, subject to the approval of the Township Council, real and personal property, which property shall be utilized to maintain, improve, protect, limit to the future use of or otherwise conserve and properly utilize open spaces and other land and water areas in the municipality.
F.
Study and make recommendations concerning open space preservation, water resources management, air pollution control, solid waste management, noise control, soil and landscape protection and environmental appearance.
G.
Coordinate the establishment of a Community Garden in order to provide any residents a place to grow their food, flowers, and fruit in an organic and pesticide-free space with guidance from Gloucester County Certified Gardeners, Williamstown based organic farmers, existing successful community gardens, residents, and established best practices. The Commission is authorized to receive checks payable to the Township. The Commission is further authorized to establish the appropriate fee at $10 per lot, per year.
[Added 7-25-2022 by Ord. No. O:12-2022]
The Township Council may appropriate funds for the expenses incurred by the Environmental Commission, which may include the appointment of clerks and other employees as the Commission may from time to time require and subject to the limits of funds appropriated to the Commission.
The Environmental Protection Commission shall keep records of its meetings and activities and shall make an annual report to the Township Council.
[Adopted 5-6-1996 by Ord. No. O-05-96]
As used in this article, the following terms shall have the meanings indicated:
Trees, shrubs, bushes and all other woody vegetation in public parks having individual names and all areas owned by the township or to which the public has free access as a park.
Trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the township.
There is hereby created and established a Township Tree Commission for the Township of Monroe, State of New Jersey, which shall consist of five members, citizens and residents of this city, who shall be appointed by the Mayor. The Monroe Township Tree Commission shall operate under the direction of the Township Environmental Commission.
The terms of the five persons to be appointed by the Mayor shall be three years, except that the terms of two of the members appointed to the first Commission shall be for only one year, and the terms of two members appointed to the first Commission shall be for only one year, and the term of two members of the first Commission shall be for two years. In the event that a vacancy shall occur during the term of any member, his successor shall be appointed for the unexpired portion of the term.
Members of the Commission shall serve without compensation.
It shall be the responsibility of the Commission to study, investigate, counsel and develop and/or update annually and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the Township Commission and, upon their acceptance and approval, shall constitute the official comprehensive township tree plan for the Township of Monroe, State of New Jersey. The Board, when requested by the Township Council, shall consider, investigate, make finding, report and recommend upon any special matter of question coming within the scope of its work.
The Commission shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.
Attached hereto is a list that constitutes the official street tree species for the Township of Monroe, State of New Jersey.[1] No species other than those included in this list may be planted as street trees without written permission of the Township Tree Commission.
[1]
Editor's Note: The List of Official Street Tree Species is included at the end of this chapter.
The spacing of street trees will be in accordance with the tree species size classes in the attached list of this article, and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special plantings designed or approved by a landscape architect.
The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in § 31-12 of this article, and no trees may be planted closer to any curb or sidewalk than the following: small trees, two feet; medium trees, three feet; and large trees, four feet.
No street tree shall be planted closer than 35 feet of any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than 10 feet of any fireplug.
No street trees other than those species listed as small trees in § 31-12 of this article may be planted under or within 10 lateral feet of any overhead utility wire, or over or within five lateral feet of any underground waterline, sewer line, transmission line or other utility.
A.
The township shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
B.
The Township Tree Commission may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, waterlines or other public improvements, or is affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners, providing that the selection and location of said trees is in accordance with §§ 31-12 through 31-16 of this article.
It shall be unlawful as a normal practice for any person, firm or city department to top any street tree, park tree or other tree on public property. "Topping" is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this section at the determination of the Township Tree Commission.
Every owner of any tree overhanging any street or right-or-way within the township shall prune the branches so that such branches shall not obstruct the light from any streetlamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public. The township shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with the visibility of any traffic control device or sign.
The township shall have the right to cause the removal of any dead or diseased trees on private property within the city when such trees constitute a hazard to life and property or harbor insects or disease which constitute a potential threat to other trees within the township. The Township Tree Commission will notify, in writing, the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. In the event of failure of the owners to comply with such provisions, the township shall have the authority to remove such trees and charge the cost of removal on the owners property tax notice.
All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
It shall be unlawful for any person to prevent, delay or interfere with the Township Tree Commission, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing of any street trees, park trees or trees on private grounds, as authorized in this article.
[Amended 9-23-2003 by Ord. No. O-42-2003]
It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating or removing street or park trees within the township without first applying for a procuring license. The annual license fee shall be as set forth in Chapter 74, Fees, in advance; provided, however, that no license shall be required of any public service company or township employee doing such work in the pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $50,000 for bodily injury and $100,000 for property damage indemnifying the township or any person injured or damaged resulting from the pursuit of such endeavors as herein described.
The Township Council shall have the right to review the conduct, acts and decisions of the Township Tree Commission. Any person may appeal from any ruling or order of the Township Tree Commission to the Township Council who may hear the matter and make final decision.
Any person violating any provisions of this article shall, upon conviction or a plea of guilty, be subject to a fine not to exceed $250.
