Borough of Maywood, NJ Chapter 94 Shade Tree Commission

[HISTORY: Adopted by the Mayor and Council of the Borough of Maywood 11-4-1981 as Ord. No. 816. Amendments noted where applicable.]

§ 94-1 Purpose.

The purpose of this chapter shall be to establish in the Borough of Maywood a Shade Tree Commission pursuant to the authority of N.J.S.A. 40:64-1 et seq. and to grant to the same the rights, duties, privileges and immunities conferred thereby. [NOTE: In establishing this Commission, the governing body relied upon the construction of a similar ordinance as contained in Bennett v. Gordon. 101 N.J.Super. 252 (App. Div. 1968).]

§ 94-2 Organization; membership; terms.

The Shade Tree Commission shall be organized and conducted as set forth herein:

A. The body shall be known as the "Maywood Shade Tree Commission," hereinafter called the "Commission."

B. The Commission shall consist of five members and up to two with alternate members, designated as "Alternate No. 1" and "Alternate No. 2," appointed by the Mayor, Alternate No. 1 to serve a five-year term and Alternate No. 2 to serve a four-year term initially. Following the initial appointment of alternates, the term of each alternate shall be five years commencing on January 1 of the year of appointment.

[Amended 2-28-2023 by Ord. No. 3-23]

C. The members of the Commission shall be residents of Maywood and shall serve without compensation.

D. The first Commission shall be appointed within 60 days of the effective date of this chapter. The terms of office for the Commissioners shall be for one, two, three, four and five years, respectively, and thereafter the term of office for all Commissioners shall be for five years.

E. Within 30 days after appointment, the Commission shall organize and elect a Chairman from among its members. It shall also appoint a Secretary, who need not be a member and whose salary, if any, shall be fixed by the governing body.

F. The Commission shall establish an annual schedule of meetings and report the same to the Borough Clerk immediately after the first meeting.

§ 94-3 Powers and duties.

The Shade Tree Commission shall have the power to:

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 highway, park or parkway of Maywood, except those falling within the jurisdiction of a County Shade Tree Commission or the State Highway Department. Such control shall include planting, trimming, spraying, care and protection.

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.

E. Make, alter, amend and repeal, in the manner prescribed by law for the governing body, any and all ordinances necessary and proper for carrying out the provisions hereof.

F. Administer treatment to or remove any tree situate 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.

§ 94-4 Costs of planting and removing trees.

The Commission shall establish uniform rules and regulations setting forth standards for notices, procedures and hearings relative to the costs of planting trees or removing all or part thereof as they may be charged to abutting landowners, all in accordance with N.J.S.A. 40:64-8 and 40:64-9, as amended.

§ 94-5 Consent required prior to implementing improvements affecting trees.

In accordance with N.J.S.A. 40:64-10, no statute giving any person or any state, county or municipal board, body or official power of 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 such cases, the Commission shall reasonably cooperate with such person, board, body or official for the general public good.

§ 94-6 Annual appropriation.

A. During December of each year, the Commission shall certify to the Mayor and Council the estimated sum necessary for the proper conduct of its work during the ensuing fiscal year.

B. The Mayor and Council shall annually appropriate such sum as it may deem necessary for said purposes.

§ 94-7 Damage or tampering with trees; violations and penalties.

A. No person, business or agency shall:

(1) Remove, cut, break, injure or treat any shade tree or part thereof in any way so as to injure or destroy such shade tree.

(2) Plant, take down or remove any shade tree without first having obtained written permission from the Commission to do so.

B. Any person who violates any of the provisions of this chapter or who fails to comply with the terms and provisions of any permit issued pursuant to this chapter shall, upon conviction in Municipal Court, pay a fine of not less than $100 and not to exceed $1,500 at the discretion of the Court. Each day that a violation continues shall constitute a separate offense.

[Amended 2-23-1993 by Ord. No. 3-93]

§ 94-8 Restitution.

[Added 2-23-1993 by Ord. No. 3-93]

A. In addition to the penalties authorized by § 94-7B of this chapter, the Commission may require a person who removes or otherwise destroys a tree in violation of this chapter to pay a replacement assessment to the borough. The replacement shall be the value of the tree as determined by the appraisal of a trained forester or certified tree expert retained by the Commission for that purpose. In lieu of an appraisal, the Commission may adopt a formula and schedule based upon the number of square inches contained in a cross section of the trunk of the tree multiplied by a predetermined value per square inch, not to exceed $27 per square inch. The square inch cross section shall be calculated from the diameter at breast height and, if there is a multiple tree stem, then each trunk shall be measured and an average shall be determined for the tree. For the purpose of this chapter, "diameter at breast height" shall mean the diameter of the tree taken at a point 4 1/2 feet above ground level. The Commission shall modify the value of the tree based upon its species variety, location and its condition at the time of removal or destruction.

B. The Commission may certify the costs of any assessment under Subsection A. Upon receipt of the certificate, the Mayor and Council shall examine the same and, if found correct, shall cause the costs as shown thereon to be charged against the lands of any person charged with a replacement assessment. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands. Such amount shall bear interest at the same rate as taxes and shall be collected and enforced by the same offices and in the same manner as taxes.

C. Any public utility or cable television company that clears, moves, cuts or destroys any trees, shrubs or plants for the purpose of erecting, installing, moving, removing, altering or maintaining any structures or fixtures, necessary for the supply of electric light, heat or power, communication or cable television services upon any lands in which it has acquired an easement or right- of-way, shall not be subject to any penalty imposed by §§ 94-7 and 94-8 of this chapter. This subsection shall not exempt any public utility or cable television company from any penalty or replacement assessment imposed for negligent actions.

§ 94-9 Construal of provisions.

[Amended 2-23-1993 by Ord. No. 3-93]

Nothing in this chapter shall be construed to make the Shade Tree Commission or any member thereof responsible for the death or injury of any person or for an injury to any property or highway tree or shrub: nor shall this chapter be construed to divest from the municipality, the Commission or its members and the employees and agents thereof any full or partial immunities against liability contained in law; nor to waive or jeopardize the assertion of any defense to claims which was heretofore available to the municipality.