[Adopted 2-22-1993 by Ord. No. 1993-2 (Ch. 81 of the 1995
Code); amended in its entirety 6-18-2011 by Ord. No. 2012-05]
A.
A
committee on shade trees is hereby established in the Township of
Riverside. The Committee shall consist of the five members of the
Township Committee and the Township Administrator.
B.
The
Shade Tree Committee shall have the following responsibilities:
(1)
Review any and all matters relating to shade trees, ornamental trees
and shrubbery within the Township of Riverside now located or which
may hereafter be planted in/on any public highway, park, parkway,
or easement, except for those under the jurisdiction of the New Jersey
Highway Department or the County of Burlington, including reviewing
requests to plant or remove such trees, and make recommendations to
the Township Committee or the Director of Public Works. Such requests
must be in writing and will be brought to the Committee by citizens
of the Township, by the Department of Public Works or by any Township
employee.
(2)
Review and make recommendations regarding the care and use of ground
surrounding shade trees and related vegetation as previously described,
to assist in their proper growth, care and protection.
(3)
Recommend that any tree or part thereof which is dangerous to public
safety be moved or removed.
(4)
Make recommendations for the care and control of Township parks and
parkways.
(5)
Take direct action to encourage arboriculture within the Township
and make recommendations to the Department of Public Works and/or
the citizens for that purpose.
(6)
Review and recommend the administration of treatment to or removal
of any trees situated on private property which are believed to harbor
a disease or insects which may be communicable to neighboring healthy
trees in the care of the Township. In the event that such recommendations
are made, the owner of any such property, for the purpose of providing
treatment or removing such trees, will be notified, in writing, by
the Township Administrator.
It shall be unlawful for any person to commit any of the following
acts to shade or ornamental trees and shrubberies on streets, highways,
parkways, easements and parks or other lands owned by the Township
without permission: to plant, set out, remove, take down, break or
injure any such trees, shrubs or parts thereof unless recommended
by the Committee and approved by the Township Administrator at the
direction of the Township Committee, which approval shall be set forth
in writing.
Effective July 1, 2012, property owners shall be responsible
for the removal of any such trees, shrubs or parts thereof classified
as "shade trees" upon direction of the Township. Said responsibility
shall be for the removal and disposal of the "shade trees." Upon the
recommendation of the Committee, the Township Administrator may determine
to charge real estate in front of which trees are planted, treated
or removed, as an improvement thereof if the property owner does not
remove said "shade trees" within 30 days of notification, or a mutually
agreed upon and memorialized time period. If it is determined that
such cost is to be paid by the owner, it shall be certified by the
Collector of Taxes in the municipality and billed to said owner. Should
the owner fail to remit payment to the Township of Riverside within
30 days of the date of the invoice, the amount shall thereupon become
and be 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. No such lien
shall be applied to any planting to replace any tree or trees theretofore
planted by the Township, nor to any planting in connection with Arbor
Day exercises or other educational demonstration. In any case where
it is determined to apply such cost to the adjacent property, notice
of such intent shall be given to any owner or owners to be charged
prior to incurring any expense, unless the same shall be deemed an
emergency.
Nothing in this article shall be construed to make the Committee,
the Township or any employee thereof responsible for the death or
injury of any person or for damage to any property or highway caused
by or related to any tree or shrub covered by the terms of this article.
All ordinances duly enacted by the prior Shade Tree Committee
shall remain in full force and effect, unless otherwise indicated.
