Town of Belvidere, NJ Chapter 98 Shade Tree Commission

[HISTORY: Adopted by the Town Council of the Town of Belvidere 12-2-1968; amended in its entirety 5-3-1999 by Ord. No. 99-05 (Ch. 54 of the 1987 Code). Subsequent amendments noted where applicable.]

§ 98-1 Creation; membership.

The regulation, planting, care and control of shade and ornamental trees and shrubbery upon and in the streets, highways, public places, parks and parkways of the Town of Belvidere, except state highways, unless the State Highway Department shall assent thereto, and except county highways, parks and parkways, unless a County Shade Tree Commission is operative and gives assent thereto, shall be exercised by and under the authority of the Shade Tree Commission of the Town of Belvidere which is hereby created. The Commission shall consist of five members and a maximum of two alternate members who shall be appointed by the Mayor. The members of said Commission shall be residents of the Town of Belvidere and shall serve without compensation except as hereinafter provided.

§ 98-2 Appointment of additional Commissioners; organization.

The additional Commissioners and alternate Commissioners shall be appointed within 60 days after this chapter, providing for the expanded membership of the Shade Tree Commission, shall be effective, and said expanded Commission shall organize within 30 days after the appointment of its total membership for the remainder of the then calendar year and, thereafter, annually.

§ 98-3 Officers and employees; salaries.

The Commission shall select one of its members as Chairman annually, and the Commission shall appoint a Secretary, who need not be a member of the Commission. The salary of the Secretary, who may be compensated even if a member of the Commission, shall be fixed by the governing body of the municipality, and the salary of all other employees, if any, shall be fixed by the Commission, which salary shall be fixed as nearly as practicable in accordance with the salary schedule of the municipality for corresponding positions.

§ 98-4 Terms of office; vacancies.

A. The term of office of each member of the Shade Tree Commission shall commence upon the day of appointment, and, in consideration of the existing three member Commission, the additional two members shall be appointed for such terms of years as may be necessary to stagger the terms of the expanded five-member Commission. Said terms of the expanded members shall commence upon the day of appointment with their respective periods beginning January one next succeeding such appointment. The names of the appointees and the designation of their specific terms must be set forth in the appointment by the Mayor.

B. The terms of office of the alternate members of the Shade Tree Commission shall commence upon the day of appointment, and said appointees will be designated as "Alternate No. 1" and "Alternate No. 2" and shall serve during the absence or disqualification of any regular member or members. The names of the appointees and the designation of their specific terms must be set forth in the appointment by the Mayor. The term of each alternate member shall be five years commencing on January 1 of the year of appointment; provided; however, that in the event two alternate members are appointed, the initial term of Alternate No. 2 shall be four years and the initial term of Alternate No. 1 shall be five years. The terms of the first alternate members appointed pursuant to this section shall commence on the day of their appointment and shall expire on the fourth or fifth December 31 next ensuing after the date of their appointments, as the case may be. An alternate member may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member.

C. All subsequent appointments after the original appointments of the two expanded members, and the appointment of the two alternate members, except to fill vacancies, shall be for full terms of five years or for two years as to the alternates, each to take effect on January 1.

D. Any vacancy occurring by reason of death, resignation or removal of any Commissioner shall be filled for the unexpired term by the Mayor.

E. Any member of the Commission who has missed three consecutive monthly meetings without good cause or notice may be removed as a member of the Commission by a majority vote, in which case the Town Council shall appoint an alternate for that vacancy.

§ 98-5 Powers of Commission.

The Shade Tree Commission shall possess and be vested under the law with the following powers:

A. To 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, except such as are excluded pursuant to N.J.S.A. 40:64-1, including the planting, trimming, spraying, care and protection thereof.

B. To regulate and control the use of the ground surrounding the same as far as may be necessary for their proper growth, care and protection.

C. To move or require the removal of any tree or part thereof dangerous to public safety.

D. To recommend to the Town Council the creation of, amendments to or repeal of ordinances adopted by the governing body necessary or proper for carrying out the provisions hereof.

E. To 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 and to enter upon private property for that purpose with the consent of the owner thereof, provided that the suspected condition is first confirmed by a certificate issued by or on behalf of the Department of Agriculture.

F. To study and recommend methods of funding, outside of municipal taxation, by grants and aid, both state and federal.

G. To develop a program of tree planning and overall beautification in areas along the public right-of-way and to prepare a survey of existing trees within the public right-of-way and upon public property and to develop a master plan for the care and control of existing shade trees and ornamental trees and the planting of new trees throughout the Town. Said survey and master plan shall be submitted to Town Council for its review and approval annually, but in no event later than February 1 of the next succeeding year.

H. To provide a procedure for removing or trimming existing trees, where necessary, because the tree is either dead, diseased or injured by storm or similar consequences.

I. To receive copies of all applications required to be filed pursuant to Chapter 318, Land Development, Chapter 440, Streets and Sidewalks, and/or Chapter 505, Zoning, of the Town code, to review the same, and to make recommendations to the appropriate municipal authorities regarding the protection and care of shade trees which are or may be affected by the project. "Shade tree or "shade trees" shall mean and include any shade and ornamental trees and shrubbery now located or which may hereafter be planted in any public highway, park or parkway, except such as are excluded pursuant to N.J.S.A. 40:64-1.

[Added 4-16-2007 by Ord. No. 2007-03]

J. To inspect any work being performed pursuant to Chapter 318, Land Development, Chapter 440, Streets and Sidewalks, and/or Chapter 505, Zoning, of the Town code which affects, or may affect, shade trees as defined herein, to investigate any complaints regarding the same, to seek the assistance of appropriate municipal authorities if there is reason to believe that such tress are being or may be altered by the work, and/or to file a complaint in the municipal court against any person, persons or firm responsible for altering such trees.

[Added 4-16-2007 by Ord. No. 2007-03]

§ 98-6 Public improvements; authority of County Park Commission.

A. No statute giving any person or state, county or municipal board, body or official power or 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 shade tree without the consent of the Shade Tree Commission within whose jurisdiction such tree shall be located. Prior to the issuance of any permit authorizing such improvement or repair, the Commission shall be consulted as to the proper care regarding Town shade trees that might be affected by such works. In all cases such Commission shall reasonably cooperate with such person, board, body or official for the general public good.

B. Nothing in this chapter contained shall be held to take away or diminish any of the power or authority of any County Park Commission over the trees or shrubbery in any county park or parkway within the jurisdiction, or to give any other commission or board any power or authority with respect to such trees or shrubbery.

§ 98-7 Annual appropriation.

A. During the month of December in each year, the Shade Tree Commission shall certify to the governing body of the municipality the estimated sum necessary for the proper conduct of its work during the ensuing fiscal year, which sum shall include the sums estimated to be expended for such of the following items as it is anticipated expenditure will be made for, that is:

(1) Expenses of Commission members is discharging official duties, including expenses incident to attendance at professional meetings.

(2) Purchase of trees and shrubbery.

(3) Purchase of necessary equipment and materials and the cost of services for the prudent promotion of the work.

B. The governing body of the municipality shall annually appropriate such sum as it may deem necessary for said purposes.

§ 98-8 Official curbside tree species.

The following list constitutes the recommended curbside tree species for the Town of Belvidere. No species other than those included on this list may be planted as curbside trees without permission of the Shade Tree Commission. (For purposes of this chapter, "curbside" shall mean the area inside the face of the curb and the outside edge of the pedestrian walkway or the property line if no walkway exists).

A. In curbside areas less than 24 inches in width, no trees may be planted unless an appropriate species is authorized by the Commission.

B. In curbside areas 24 inches to 30 inches in width, the following species can be planted:

[Amended 4-16-2007 by Ord. No. 2007-03]

(1) European hornbeam (Carpinus betulus f.).

(2) Goldenrain tree (Koeleuteria paniculata).

(3) Linden (Tilia cordata).

(4) Hedge maple (Acer campestre).

(5) Sugar maple (Acer saccharum).

(6) Zelkova (Zelkova serrata).

(7) Red maple (Acer rubrum).

(8) Upright maidenhair tree (Ginkgo biloba [male only]).

(9) Korean mountain ash (Sorbus alnifolia).

C. In curbside areas 30 inches to 48 inches in width, the following species can be planted:

[Amended 4-16-2007 by Ord. No. 2007-03]

(1) Crownright pin oak (Quercus palustris).

(2) Sovereign pin oak (Quercus palustris).

(3) Red oak (Quercus rubra).

(4) Willow oak (Quercus phellos).

(5) Hackberry (Celtis occidentalis).

(6) Scarlet oak (Quercus coccinea).

(7) Red maple (Acer rubrum).

(8) Sugar maple (Acer saccharum).

(9) Green ash (Fraxinum pennsylvanic).

(10) Japanese pagoda tree or Scholar tree (Sophora japonica).

(11) Zelkova (Zelkova serrata).

(12) London planetree (Plantanus xacerifolia).

D. All trees planted in the planting strip between the curb and sidewalk subsequent to the adoption of this chapter shall have a root barrier system installed at the time of planting to prevent sidewalk lifting and/or cracking.

§ 98-9 Tree placement; spacing.

No tree may be planted closer than:

A. Ten feet to a utility pole.

B. Seven feet to a fire hydrant.

C. Twenty-five feet to an existing tree.

D. Twenty feet to a street intersection.

E. Seven feet to a water, sewer or other underground utility unless a root barrier system is used.

F. Seven feet to the widest part of a driveway entrance.

§ 98-10 Removal of injurious trees.

[Amended 4-16-2007 by Ord. No. 2007-03]

A. The Town 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 Town Shade Tree Commission may remove or cause or order to be removed any tree or part thereof which is in any unsafe condition or which by reason of its nature is injurious to sewer lines, gaslines, waterlines or other public improvements or is affected with any injurious fungus, insect or other pest.

§ 98-11 Prohibited practices.

[Amended 4-16-2007 by Ord. No. 2007-03]

A. It shall be unlawful for any person or firm to alter any shade trees. "Alter" shall include, but is not limited to, planting, pruning, removing or topping such trees, the cutting of trees roots (both above and below ground), volcano mulching and the scarring of bark. "Topping" is 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. "Volcano mulching" is the piling of any mulching materials in a pyramidical shape high against the bark of a tree trunk. No work may be performed on the trees hereinabove set forth without the prior approval of the Shade Tree Commission.

B. It shall be unlawful for any person or firm to alter, as defined above, any shade trees during the course of constructing, installing, renovating or removing any street, alley, sidewalk, curb or road surface. It shall be the responsibility of the property owner and/or contractor to notify the Shade Tree Commission prior to performing any of the work hereinabove set forth which in any way affects, or may affect, such trees. No work may be performed on such trees without the prior approval of the Shade Tree Commission.

§ 98-12 Pruning; corner clearance.

Every owner of any shrub or tree overhanging any street or right-of-way within the Town shall prune the branches so that branches shall not obstruct the view of any street intersection and shall not obstruct the light from any street lamp 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 Town 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 visibility of any traffic control device or sign.

§ 98-13 Stump removal.

All stumps of street trees shall be removed a minimum of four inches below the surface of the ground so that the top of the stump shall not project above the surface of the ground.

§ 98-14 Permits required for tree care contractors.

Before any permit 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 property damage indemnifying the Town or any person injured or damaged resulting from the pursuit of such endeavors as herein described. The Clerk of the Town of Belvidere shall initially issue the permit upon the receipt of the contractor's proof of insurance; and annually, thereafter, upon receipt of proof as to the renewal of such insurance.

§ 98-15 Approval required prior to work.

Property owners who wish to prune or remove a curbside tree abutting their property within the street right-of-way must obtain approval from the Shade Tree Commission to perform said work, prior to commencement.

§ 98-16 Attachment of items to curbside trees prohibited.

It is unlawful to attach, in any manner, chains or signs of any sort to any curbside tree or to place any nails of any type into any curbside tree.

§ 98-17 Violations and penalties; enforcement.

[Amended 7-7-2003 by Ord. No. 2003-08]

A. Any person found guilty of violating any of the provisions of these regulations shall, upon conviction by the courts which now or hereafter shall have jurisdiction over actions for the violation of ordinances of the Town of Belvidere, be fined a sum not exceeding $1,500 for each violation. Each day any violation of this chapter shall continue shall constitute a separate offense.

B. In addition to a fine in an amount not exceeding $1,500 for each violation, any person found guilty of removing or otherwise destroying a tree in violation of this chapter shall pay a replacement assessment to the Town of Belvidere. The replacement assessment shall be the value of the tree as determined by the appraisal of a trained forester or certified tree expert retained by the Shade Tree Commission for that purpose. In lieu of an appraisal, a formula based upon the number of square inches contained in a cross section of the trunk of the tree multiplied by the sum of $27 per square inch may be used. The square-inch cross section shall be calculated from the diameter at breast height and, if there is a multiple stem tree, then each trunk shall be measured and an average shall be determined for the tree. For the purposes of this section. "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 be responsible to recommend the modification of the value of the tree to the court based upon its species variety, location and its condition at the time of removal or destruction.

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, or 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 the Shade Tree Commission pursuant to this section. This subsection shall not exempt any public utility or cable television company from any penalty or replacement assessment imposed for negligent actions.

D. "Person" shall include an individual, partnership, firm, association or corporation. Joint and several liability for violating the provisions of this chapter shall attach to property owners and their contractors.

[Added 4-16-2007 by Ord. No. 2007-03]

§ 98-18 Disposition of fines and penalties.

All moneys, either as fines or penalties for any violation of a rule or regulation of a Shade Tree Commission or as a charge against real estate under any provision of this chapter, shall be forthwith paid over to the municipal officer empowered to be the custodian of the funds of the municipality.

§ 98-19 Limitation of liability.

Nothing contained in this chapter shall be construed to make any Shade Tree Commission or any member thereof responsible for the death or injury of any person or for any injury to any property or highway tree or shrub.

§ 98-20 Authorization to promulgate rules and regulations.

The Shade Tree Commission is hereby authorized to recommend to the Town Council for adoption such ordinances as may be necessary for the proper administration and enforcement of this chapter, and the Shade Tree Commission is further notified and empowered to promulgate such written procedural rules and regulations as may be necessary, pursuant to statute, for the proper interpretation of the ordinances and the administration and enforcement thereof as prescribed by this chapter and by Chapter 471, Trees, of the Code of the Town of Belvidere.

§ 98-21 Appeals to the Mayor and Council.

[Added 12-3-2012 by Ord. No. 2012-17]

A. In the event that the Shade Tree Commission denies the issuance of a permit for the removal of any tree or part thereof dangerous to the public safety, any aggrieved applicant may appeal to the Town Council for the issuance of said permit by notifying the Town Council in writing within 10 days of the date of denial of the permit by the Shade Tree Commission requesting that said applicant be heard by the Council in regard to the issuance of said permit.

B. Upon receiving such notification from any aggrieved applicant, the Town Council shall schedule a date for a hearing within 20 days of the date of the request, at which time the applicant shall have the right to present evidence to the Council showing that he or she is entitled to said permit. The Council shall consider all the factors required under the terms of this chapter and issue its ruling within 15 days of the date of said hearing.