[HISTORY: Adopted by the Borough Council
of the Borough of Jersey Shore as indicated in article histories.
Amendments noted where applicable.]
[Adopted 1-6-1992 by Ord. No. 11-91 (Ch. 25, Part 1, of
the 1996 Code)]
No tree, shrub or other plant shall be planted
in, on or under any street, lane, avenue or alley located in whole
or in part within the Borough of Jersey Shore.
No Carolina poplar tree shall be planted within
six feet of any street, lane, avenue or alley located in whole or
in part within the Borough of Jersey Shore.
The owner of the property upon which any tree,
having a diameter of six inches or more is located in whole or in
part, and the owner of any property abutting on any street, lane,
avenue or alley in the case of a tree having a diameter of six inches
or more that is located in whole or in part between property line
and curbline, shall immediately cause the removal of any branch, limb
or twig of said tree if such branch, limb or twig is located as follows:
A.
A distance of less than nine feet directly above the
level of any sidewalk or pedestrian passageway.
B.
A distance of less than 12 feet directly above the
level of any street, lane, avenue or alley as measured from a point
located a distance of 24 inches or less from the curbline.
C.
A distance of less than 14 feet directly above the
level of any street, lane, avenue or alley as measured from a point
located more than 24 inches from the curbline.
D.
A distance of less than 22 feet directly above the
level of any sidewalk, pedestrian passageway, street, lane, avenue
or alley in the case of a branch, limb or twig located within 25 feet
of any street lamp that is also located on said sidewalk, pedestrian
passageway, street, lane, avenue or alley.
Any tree or shrub or part thereof, which constitutes
a danger to life, health, safety or property, is hereby declared a
public nuisance. In determining whether such tree, shrub, or part
thereof constitutes such a danger, the health, age, size, location,
species and other physical characteristics shall be given due consideration.
In the event that any tree, shrub, or part thereof is determined by
the Code Officer to constitute such a public nuisance, the owner of
the property upon which such tree or shrub is located in whole or
in part shall be notified in writing of the existence of the nuisance
and given reasonable time for its correction or removal. If not corrected
or removed within the time allotted, the Borough may cause the nuisance
to be corrected or removed and may recover the cost thereof from the
owner through the municipal lien process and through such other processes
as are permitted by law. Notwithstanding the above, the Borough expressly
retains the power to institute and to prosecute proceedings to impose
such fines and penalties against the owner as are otherwise provided
for in this article, and such proceedings may be utilized without
regard to whether or not the Borough also elects to utilize its power
to remove the nuisance itself.
[Amended 9-8-1992 by Ord. No. 10-92; 5-6-1996 by Ord. No.
4-96]
Any person, firm or corporation who shall violate
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $600 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
30 days. Each day that a violation of this article continues shall
constitute a separate offense.
[Adopted 2-28-2011 by Ord. No. 02.28.2011.3]
A.
BOROUGH
BOROUGH COUNCIL
COMMISSION
RIGHT-OF-WAY
SHADE TREE
As used in this article, the following terms shall have the meanings
indicated:
The Borough of Jersey Shore.
The duly appointed members of the Borough Council of Jersey
Shore Borough.
The duly appointed members of the Shade Tree Commission of
the Jersey Shore Borough.
The area of any public street, road, highway or other publicly
held thoroughfare within the corporate limits of the Borough that
has been designated by law as a public right-of-way.
Any tree, shrub or other woody plant, which is planted in
any right-of-way, or has at least 1/2 of trunk, branches or roots
extending into any right-of-way.
B.
In interpreting this article, the present tense includes the future;
the singular number includes the plural; the plural includes the singular;
and the word person includes natural person, partnership, firm, association
and corporation.
Jersey Shore Borough recognizes that properly planted, maintained
and protected shade trees add to the esthetics and health and welfare
of the citizens of the Borough. Therefore, it shall be the intent
of this article to establish a Shade Tree Commission for Jersey Shore
Borough, define the mission of that Commission, to establish rules
and regulations to encourage the planting of appropriate shade trees,
to provide for the proper maintenance of the trees, protect shade
trees and provide guidelines for the removal and replacement of shade
trees.
A.
Shade Tree Commission is hereby established. The Commission shall
consist of three members who are citizens of the Borough, and may
be Council members, appointed to serve four-year terms. The members
of this current Shade Tree Commission in existence at the adoption
of this article shall continue to serve the remainder of their term,
and then shall be reappointed or replaced in accordance with this
article.
B.
The Shade Tree Commission shall, when called upon, act as an advisory
panel to Borough Council on all Borough matters having an environmental
impact on the Borough, including, but not limited to, land development,
park development or improvements, and downtown revitalization projects.
C.
The Shade Tree Commission shall report to Borough Council.
D.
The Shade Tree Commission shall work with the Borough of Jersey Shore
to obtain funding to purchase and plant shade trees on Borough-owned
property, public right-of-way and municipal parks.
A.
The maintenance, care or removal of any shade tree as defined herein
shall comply with all requirements of this article.
B.
No person, without first obtaining a permit, shall cut, prune, break,
or affix any foreign object to, or in any way cause injury to any
shade tree within any public right-of-way, Borough-owned property
or municipal park within the Borough.
C.
No person, without first obtaining a permit, shall plant a shade
tree within any public right-of-way, Borough-owned property or municipal
park within the Borough.
D.
No person, without first obtaining a permit, shall remove a shade
tree within any public right-of-way, Borough-owned property or municipal
park within the Borough.
E.
Whenever, in the opinion of the Commission, a health or safety hazard
is caused by a shade tree, the Commission may issue a written order
to the responsible property owner to take action to correct the condition
within 10 days of the date of the order. If, after written notification,
the responsible property owner fails to take corrective action, the
Borough may have the required work accomplished to correct the health
or safety condition and may bill the responsible property owner. Failure
to remit by the responsible property owner may result in a lien placed
against the property by the Borough.
F.
Whenever a new shade tree is planted within 10 feet of a curb or
public sidewalk, a root barrier of a type approved by the Commission
shall be required.
In addition to the foregoing general provisions, the following
special provisions shall apply to shade trees located in the commercial
districts of the Borough:
A.
A minimum sidewalk opening of four feet square shall be required
for each shade tree. The opening shall be paved with a flush, smooth,
hard surface such as brick or concrete pavers laid on sand.
B.
Only the following types of trees may be planted in the right-of-way:
hybrid red maples, lindens, thornless honeylocusts, pears and elms
or as otherwise specified in the Commission approved planting list
to be obtained at Borough Hall. The planting of any other type of
tree shall require approval from the Borough after review by the Commission.
C.
Whenever a shade tree is removed in a Commercial District, the shade
tree shall be replaced in accordance with this article. All removed
shade trees shall be replaced except when a change in street construction
or land development makes it impossible, or would cause the replacement
to be a safety or health hazard. A decision not to replace a removed
shade tree must be recommended by the Commission and approved by the
Borough.
D.
The Commission shall annually inspect all shade trees within the
Commercial District and shall file a report with the Borough council
on the condition of the trees and needed maintenance. The inspection
shall be done in late summer and the report filed by the first day
of October.
A.
The Commission shall annually inspect all shade trees in the parks
of the Borough and all open space and recreational areas owned by
the Borough, and shall file a report with Borough Council on the condition
of the trees and needed maintenance. The inspection shall be done
in late summer and the report filed by the first day of October.
B.
Any new planting proposals shall be reviewed by the Commission and
the Commission shall make recommendations on the type of tree that
should be planted.
A.
Fees for permits shall be set from time to time by resolution of
Borough Council.
B.
Permits, as referred to herein, are to be granted by the Shade Tree
Commission, at a public meeting, after a written permit application
and any applicable fee are submitted.
C.
Permits shall not be unreasonably withheld.
D.
All denial of permits shall be automatically appealed to Jersey Shore
Borough, to be reviewed and decided upon at the next regular public
meeting. There will be no fee for the appeal.
E.
Emergencies, as decided by the Jersey Shore Borough Zoning Officer,
are exempt from the requirement of the permit being reviewed and approved
by the Shade Tree Commission. In the event of an emergency, the Jersey
Shore Borough Zoning Officer can issue a permit for tree removal.
Any person, firm or corporation who shall violate any provision
of this article shall upon conviction thereof, be guilty of a summary
offense, and may be sentenced to pay a fine of not more than $600
and costs; and/or undergo imprisonment not to exceed 90 days. Every
day that a violation of this article continues shall constitute a
separate offense.
