[HISTORY: Adopted by the Town Council of
the Town of Phillipsburg 4-4-1995 by Ord. No. O:95-08 (Ch.
54A of the 1969 Code). Amendments noted where applicable.]
A.
The regulation, planning, acreage and control of shade
and ornamental trees and shrubbery upon and in streets, highways,
public places, parks and parkways of the Town, other than county parks
and parkways, shall be managed by and under the control and the authority
of a commission which shall be known as the "Shade Tree Commission
of the Town of Phillipsburg" in accordance with the provisions of
the enabling statutes of Title 40 of the Revised Statutes of the laws
of the State of New Jersey.
B.
Nothing herein shall diminish or limit in any way
the property owner's obligation and sole responsibility to maintain
the sidewalks, grass strip and/or other public right-of-way which
fronts his or her property.
[Added 12-18-2007 by Ord. No. O:2007-24; amended 10-5-2010 by Ord. No. O:2010-16; 1-26-2013 by Ord. No. O:2012-22]
The Shade Tree Commission shall consist of five
members appointed by the Mayor. The members shall be residents of
the Town of Phillipsburg and shall serve without compensation.
The Commission shall select one of its members
as Chairman annually, and the Commission shall appoint a Secretary.
A.
The term of office of each member of the Shade Tree
Commission shall commence upon the day of appointment, and, in the
case of the original Commission, the five members shall be appointed
for one-year, two-year, three-year, four-year and five-year appointments,
respectively. Said terms on the original appointment shall be from
the day of appointment until December 31 of the next calendar year.
The names of the appointees and the designation of their specific
terms must be set forth in the appointment by the Mayor.
B.
All subsequent appointments after the original appointments,
except to fill vacancies, shall be for full terms of five years each
to take effect on January 1.
C.
Any vacancy occurring by reason of death, resignation
or removal of any Commissioner shall be filled for the unexpired term
by the Mayor of the Town.
Said 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, so 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 Town Council
necessary or proper for carrying out the provisions hereof.
E.
To study and recommend methods of funding, outside
of municipal taxation, by grants and aid, both state and federal.
F.
To develop a program of tree planting 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 the Town Council for review and approval.
G.
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.
A.
No statute giving any person or state, county or municipal
board, body or official the 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 highway shade tree without the consent of the
Shade Tree Commission within whose jurisdiction such tree shall be
located. In all cases, such Commission shall reasonably cooperate
with such person, board, body or official for the general public good.
B.
Nothing contained in this chapter shall be held to
take away or diminish any of the powers or authority of any County
Park Commission over the trees or shrubbery in any county park or
parkway within its jurisdiction or to give any other Commission or
Board any power or authority with respect to such trees or shrubbery.
The governing body of the Town shall annually
appropriate such sum as it may deem necessary for said purposes.
The official curbside tree species for the Town
of Phillipsburg may be located in the publication known as "Trees
for New Jersey Streets" published by the New Jersey Shade Tree Federation
in conjunction with Cook College. No species other than those included
in the publication 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.)
No trees shall be planted without correspondence with the Shade Tree
Commission.
A.
The Town shall have the right, after notification
to abutting property owners, 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 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, 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, provided that the selection and location of said trees is in accordance with § 591-8 of this chapter.
C.
Nothing herein shall diminish or limit in any way
the property owner's obligation and sole responsibility to maintain
the sidewalks, grass strip and/or other public right-of-way which
fronts his or her property.
[Added 12-18-2007 by Ord. No. O:2007-24]
D.
The Town may, in its discretion and on a case-by-case
basis, utilize grants to provide assistance to property owners in
complying with the requirements of this chapter.
[Added 12-18-2007 by Ord. No. O:2007-24]
E.
The cost of the removal of any tree or part thereof dangerous to
public safety shall, if the Commission shall so determine, in accordance
with uniform rules and regulations promulgated for this purpose, be
a charge upon the real estate in front of which such tree or trees
shall be removed as an improvement thereof. Such costs, if it is so
determined that they are to be paid by the owner, shall, unless paid
directly to the Commission, be certified by it to the collector of
taxes of the municipality, shall thereupon become and be a lien upon
the said real estate, shall be included in the next tax bill rendered
to the owner or owners thereof, and shall be collected in the same
manner as other taxes against that property.
[Added 1-26-2013 by Ord.
No. O:2012-22]
F.
The Commission shall give reasonable notice of its intention to remove,
or cause 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.
[Added 1-26-2013 by Ord.
No. O:2012-22]
It shall be unlawful as a normal practice for
any person or firm 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 chapter
at the determination of the Shade Tree Commission.
Every owner of any tree overhanging any street
or right-of-way within the Town shall prune the branches so that such
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.
All stumps of street 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.
Any person wishing to remove a tree must obtain
approval and a permit from the Shade Tree Commission. All debris must
be removed and cleaned up by persons removing or trimming the tree.
It shall be unlawful for any person or firm
to engage in the business or occupation of pruning, treating or removing
street trees within the Town without first applying for and procuring
a license. The license fee shall be $25 annually in advance; provided,
however, that no license shall be required of any public service company
or Town department doing such work in pursuit of their public service
endeavors or private property owner performing work on his property
or tree limbs that cross his property. 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 property damage indemnifying the Town or any person injured
or damaged resulting from the pursuit of such endeavors as herein
described.
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.
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.
A.
The Commission may prescribe a fine for the violation
of each of its ordinances in an amount not to exceed $200 for each
violation, and the courts which now or hereafter shall have jurisdiction
over actions for the violation of ordinances of the municipality in
which the Commission has been or shall be appointed shall have jurisdiction
in actions for the violation of such ordinances as the Commission
shall enact.
B.
The ordinances shall be enforced by like proceedings
and process, and the practice for the enforcement thereof shall be
the same as that provided by law for the enforcement of the ordinances
of the municipality in which the Commission exists.
C.
The officers authorized by law to serve and execute
process in the aforementioned courts shall be the officers to serve
and execute any process issued out of any court under this chapter.
D.
A copy of any ordinance of the Commission certified
to under the hand of its Secretary or Chairman shall be received in
any court of this state as full and legal proof of the existence of
the ordinance and that all requirements of law in relation to the
ordaining, publishing and making of the same, so as to make it legal
and binding, have been complied with, unless the contrary is shown.
All moneys collected in any municipality, 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.
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.
The Shade Tree Commission is hereby authorized
and empowered to promulgate such written rules and regulations as
may be necessary, pursuant to statute, for the proper interpretation,
administration and enforcement of this basic chapter, provided that
such rules and regulations do not conflict with this chapter and conform
to the general standards prescribed by this chapter. All rules and
regulations promulgated by Shade Tree Commission shall be submitted
to the Town Council for review.
