[HISTORY: Adopted by the Board of Commissioners
of the City of Bordentown 3-13-1995 by Ord. No. 1995-6. Amendments noted where
applicable.]
[Amended 5-9-2022 by Ord. No. 2022-04]
The City of Bordentown Shade Tree Committee[1] shall be constituted pursuant to N.J.S.A. 40:64-1 et seq.
and shall have exclusive control with respect to the relocation, planting,
care, culture, trimming and development of shade trees in the City.
It shall develop and recommend to the Board of Commissioners a suitable
shade tree program and Master Plan for the City and shall have the
authority to promulgate rules and regulations, subject to the review
and approval of the City Commissioners, as necessary, for the operation
of the Committee. All trees and grounds within the exclusive jurisdiction
of the Shade Tree Committee remain the sole legal responsibility of
the Committee.
[1]
Editor's Note: Ord. No. 2013-13, adopted 8-26-2013, changed
the name of the Shade Tree Committee to the “City of Bordentown
Shade Tree Committee.” References to the Committee throughout
the Code have been changed accordingly.
The first City of Bordentown Shade Tree Committee
members shall consist of seven members who shall be appointed by the
Board of Commissioners within 60 days after the ordinance providing
for the Committee shall become effective, and their terms of office
shall commence upon the day of their appointment and be for the respective
periods of one, two, three, four and five years, beginning on January
1 next succeeding such appointment. The terms of two members shall
be for five years and two members shall be appointed for four years.
The term of each appointee shall be designated in his appointment.
All subsequent appointments, except to fill vacancies, shall be for
the full terms of five years, to take effect on January 1.
The Committee shall organize within 30 days
after the appointment of its total membership for the remainder of
the then calender year and thereafter annually by the election of
one of its members as Chairman. It shall choose its own officers,
make its own rules and regulations and keep a record of its proceedings.
A majority of the members shall be a quorum for the transaction of
business. The Committee shall have the functions and powers set forth
in N.J.S.A. 40:64-1 et seq. except where inconsistent with this chapter,
in which case the chapter controls. The Board of Commissioners shall
provide the City of Bordentown Shade Tree Committee with a secretary
to record the minutes of meetings and assist in ministerial and administrative
functions. The salary of the secretary shall be fixed by the governing
body of the municipality.
Any vacancy occurring by reason of the death,
resignation or removal of any City of Bordentown Shade Tree Committee
member shall be filled for the unexpired term by appointment of the
Board of Commissioners.
A City of Bordentown Shade Tree Committee organized
under this chapter shall study, investigate, develop, administer and
update as necessary a Shade Tree Master Plan for the regulation, planting,
care and repair of shade and ornamental trees and shrubbery and curbing
and sidewalk as may be necessitated by the regulation, planting and
care of said trees and shrubs now located, or which may hereafter
be planted, in any public highway, park or parkway, including the
planting, trimming, spraying, care and protection thereof. Such Master
Plan shall be presented annually to the Board of Commissioners and,
upon its acceptance and approval by the Board, shall constitute the
official Shade Tree Master Plan for the City. Said Master Plan shall
be adhered to by the City of Bordentown Shade Tree Committee, the
City, its agents and employees and shall be followed in the exercise
of the following functions:
A.
To exercise full and exclusive control over the use,
regulation, planting and care of shade trees, ornamental trees, and
shrubbery, as well as the ground surrounding shade trees, ornamental
trees and shrubbery so far as may be necessary for their proper growth,
care and protection.
[Amended 5-9-2022 by Ord. No. 2022-04]
B.
To move or require the removal of any tree, or part
thereof, dangerous to public safety.
C.
To care for and control such parks and parkways, encourage
arboriculture and recommend the alteration, amendment and repeal,
in the manner prescribed for the passage of ordinances by the governing
body of the municipality, any and all ordinances necessary or proper
for carrying out the provisions hereof.
D.
To remove and repair sidewalk and curbing as may be
necessitated by the regulation, location, planting, care, removal,
treatment or root removal of any trees and shrubs, be they either
in the public way or on private property adjacent to the public way.
E.
To 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.
Except as hereinafter provided, the cost of
all trees planted by the City of Bordentown Shade Tree Committee,
the cost of planting the same, the cost of any posts and boxes or
guards used for the protection thereof and the cost of the removal
of any tree or part thereof dangerous to public safety shall be borne
by the City, which shall review and approve an annual budget submitted
by the City of Bordentown Shade Tree Committee for such purpose.
A.
No species other than those recommended by the City
of Bordentown Shade Tree Committee may be planted as street trees,
i.e., trees, shrubs and bushes lying between property lines on either
side of all streets, avenues or other public ways within the City,
without approval of the City of Bordentown Shade Tree Committee.
B.
Bordentown City, in accordance with the approved City
of Bordentown Shade Tree Committee Master Plan, shall have the right
to plant, prune, maintain and remove trees, plants and shrubs within
the lines of all public streets, alleys, easements, avenues, land,
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.
Further, the City, in accord with the City of Bordentown Shade Tree
Committee Master Plan, may remove or order to be removed any tree
or part thereof which is in an unsafe condition or which by reason
of its nature is injurious to sewers, electric power lines, gas lines,
waterlines or other public improvements or is affected with any injurious
fungus, insect or other pest.
C.
It shall be unlawful as a normal practice for any
person, firm or City department 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 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 provision by the City upon the recommendation of the City of
Bordentown Shade Tree Committee. In such case, either the City or
an independent contractor retained by the City shall conduct this
work.
D.
Every owner of any tree overhanging any public street
or right-of-way within Bordentown City shall prune the branches so
that such branches shall not obstruct the light from any street lamp
or obstruct the view of any street intersection and so that there
shall be a clear space of 12 feet above the roadway and eight feet
above the walkway. 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. Bordentown City 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
if, after notice to the property owner and an opportunity to respond,
the owner takes no action. In such case, the cost of such work shall
be chargeable to the owner of the tree or shrub and, if unpaid, shall
become a lien on the property.
E.
Bordentown City shall have the right to cause the
removal of any dead or diseased trees on private property within the
City when such trees constitute a hazard to life and property or harbor
insects or disease which constitute a potential threat to other trees
within the City. The City of Bordentown Shade Tree Committee will
notify, in writing by certified mail, the owners of such trees. Removal
shall be done by said owners at their own expense within 60 days after
the date of service of notice. In the event of failure of the owners
to comply with such provisions, the City shall have the authority
to remove these trees and charge the cost of removal on the owner's
property tax notice.
F.
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.
G.
Every owner of every tree or shrub which, by its close
proximity to the public way, may cause the public sidewalk to shift,
crack, heave or otherwise fall into disrepair shall be responsible,
at his or her own expense, for the repair of same. The City of Bordentown
Shade Tree Committee will notify, in writing by certified mail, the
owners of such trees or shrubs, 60 days prior to having the work performed.
The City shall have the authority to require the owner to effectuate
such repair or to undertake the repairs and charge the cost on the
owner's property tax notice.
H.
It shall be unlawful for any person to prevent, delay
or interfere with the City of Bordentown Shade Tree Committee, the
City or any of its agents while engaging in and about the planting,
cultivating, mulching, pruning, spraying or removing of any street
trees, park trees or trees on private grounds as authorized in this
chapter.
I.
The City Commissioners shall have the right to review
the conduct, acts and decisions of the City of Bordentown Shade Tree
Committee. Any person may appeal from any ruling or order of the City
of Bordentown Shade Tree Committee to the Board of Commissioners who
shall hear the matter and make a final decision. The appeal procedure
does not alter in any way the Shade Tree Committee's exclusive control
over trees and surrounding grounds within the Committee's jurisdiction.
[Amended 5-9-2022 by Ord. No. 2022-04]
J.
It is acknowledged that the Bordentown Sewerage Authority
has jurisdiction over sewer lines within the City and that, pursuant
to Bordentown Sewerage Authority regulation, the lateral line from
the curb to a residence is the homeowners' responsibility for maintenance
and repair. It shall be the homeowners' obligation to insure that
the sewer lateral shall be maintained in appropriate condition, i.e.,
that is in good repair and that all joints are tight such that tree
roots shall not penetrate into the sewer pipe. Any defective sewer
laterals which have been damaged by tree roots or otherwise shall
be repaired at the owner's obligation and expense.
[Added 11-26-2001 by Ord. No. 2001-15]
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 street tree without the written
consent of the City of Bordentown Shade Tree Committee. In all cases,
the City of Bordentown Shade Tree Committee shall reasonably cooperate
with such person, board, body or official for the general public good.
A.
During the month of December in each year, the City
of Bordentown Shade Tree Committee shall certify to the Board of Commissioners
the estimated sum necessary for the proper conduct of the work specified
herein for the ensuing fiscal year, which shall include the sums estimated
to be expended for such of the following items as it is anticipated
expenditure will be made for:
B.
The governing body shall annually appropriate such
sum as it may deem necessary for said purposes.
A.
Violations and penalties; enforcement; copy of ordinance
as evidence.
(1)
Any person violating this chapter, in addition to
being liable for any costs the City may incur in accordance with the
provisions herein which may be properly chargeable to that person,
shall be fined up to $500 for a first violation, with a fine of up
to $1,000 for any second or subsequent violation, and/or up to 90
days' community service and/or 30 days in jail. The Municipal Court
of Bordentown City shall have jurisdiction in actions for the violation
of such ordinances as the Committee shall enact.
(2)
The ordinances shall be enforced by a designee of
the City of Bordentown Shade Tree Committee of the City who shall
be employed by the City Public Works Department, which designee shall
issue summonses in the form of City of Bordentown Shade Tree Committee
ordinance violations.
(3)
A copy of any ordinance of the City of Bordentown
Shade Tree Committee certified to under the hand of the City Clerk
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 ordaining, publishing and making of the same, so as
to make it legal and binding, shall have been complied with, unless
the contrary be shown.
B.
In addition to the penalties authorized by Subsection A of this section, the Committee may require a person who removes or otherwise destroys a tree in violation of a municipal ordinance to pay a replacement assessment to the municipality. 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 City of Bordentown Shade Tree Committee for that purpose. In lieu of an appraisal, the City of Bordentown Shade Tree Committee 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-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 City of Bordentown Shade Tree Committee shall modify the value of the tree based upon its species, variety, location and its condition at the time of removal or destruction. This replacement assessment shall also include the City's costs incurred in stump removal, sidewalk repair or replacement, and any other related expenses.
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 the Committee pursuant to Subsection A or B of this section. However, this subsection shall not exempt any public utility or cable television company from any penalty or replacement assessment imposed for negligent or excessive actions.
Nothing in this chapter contained shall be construed
to make the City of Bordentown Shade Tree Committee 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.
