[HISTORY: Adopted by the Mayor and Council
of the Borough of Atlantic Highlands 12-13-1995 by Ord. No. 21-95.
Amendments noted where applicable.]
The regulation, planning, care and control of
shade and ornamental trees upon and in streets, highways, public places,
parks and parkways of this municipality, 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 Borough of Atlantic Highlands," in accordance with N.J.S.A.
40:64-1 et seq.
A.
The Shade Tree Commission shall consist of no less
than five and no more than seven members and a maximum of two alternate
members for a total of no more than nine members who shall be appointed
by the Mayor, shall be residents of the Borough, and shall serve without
compensation except as hereinafter provided.
[Amended 12-15-2022 by Ord. No. 14-2022]
B.
The first Commission shall be appointed within 60
days after this chapter shall be effective, and said Commission shall
organize within 30 days after the appointment of its membership for
the remainder of the then calendar year and, thereafter, annually.
C.
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 for the Secretary
shall be fixed by the Borough Council.
A.
The term of office of each member 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 their specific terms must be set forth in the appointment by the
Mayor.
B.
The terms of office of the alternate members shall
commence upon the day of appointment, and said appointees will be
designated as "Alternate No. 1" and "Alternate No. 2," and, in the
case of the original appointees, Alternate No. 1 will serve from the
day of appointment until December 3 of the next calendar year, and
Alternate No. 2 will serve from the day of appointment until December
31 in the second calendar year. The names of the appointees and their
specific terms shall be set forth in the appointment by the Mayor.
C.
All subsequent appointments after the original appointments,
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.
Said Commission shall possess and be vested
with the powers as per N.J.S.A. 40:64-5, including:
A.
To exercise full and exclusive control over the regulation,
planting, and care of shade and ornamental trees now located or which
may hereafter be planted in any public highway, park or parkway, 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 on public or private property that is dangerous to public
safety.
D.
To make, alter, amend and repeal, in the manner prescribed
for the passage, alteration, amendment and repeal of ordinances by
the Borough Council, any and all ordinances necessary or proper for
carrying out the provisions hereof.[1]
E.
To administer treatment to or remove any tree on public
or private property which is believed to harbor a disease or insects
readily communicable to neighboring healthy trees and to enter upon
private property for that purpose, provided that the suspected condition
is first properly confirmed.
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 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 Borough, said survey and master plan shall be
submitted to Borough Council for its review and approval annually,
by 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 adopt and administer regulations for the selection
and placement of trees and as may be necessary for the interpretation,
administration, and enforcement of the powers and authority of the
Commission.
No statute giving any person or governmental
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 shade tree without the consent of the Commission.
The Commission shall reasonably cooperate with such person, board,
body or official for the public good.
A.
During December in each year, the Commission shall
certify to the Borough Council the estimated sum necessary for the
proper conduct of its work during the ensuing fiscal year, to include
the sums estimated for such of the following items as it is anticipated
expenditure will be made for, that is:
(1)
Payment of wages and salaries of employees.
(2)
Expenses of Commission members in discharging official
duties, including expenses incident to attendance at professional
meetings.
(3)
Purchase of trees and shrubbery.
(4)
Purchase of necessary equipment and materials and
the cost of services for the prudent promotion of the work, including
expenses for tree trimming and removal.
B.
The Borough Council shall annually appropriate such
sum as it may deem necessary for said purposes.
C.
The Commission may accept gifts or donations from
public-spirited citizens for use for Commission purposes.
[Amended 1-28-2021 by Ord. No. 03-2021]
A.
The Borough or Commission 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 provide to public safety or to preserve or enhance the symmetry
and beauty of such public grounds. There shall be no charge to residents
for a tree planted by the Borough. A resident is permitted to request
a planting of a tree or trees for which he/she wishes to make as a
donation for covering costs.
B.
The Borough or Commission may immediately remove or cause or order
to be removed any tree or part thereof which poses a threat to public
safety because it is in any unsafe condition or is injurious to sewer
lines, gas lines, waterlines or other public improvements or is affected
with any injurious fungus, insect or other pest. If public safety
requires immediate removal of a tree, no notice to any property owner
shall be necessary.
C.
Before any request for proposal is issued by the Borough in connection
with any street or sidewalk project which would call for the removal
of more than 10% of the total number of trees located within the bounds
of any public right-of-way in the designated project area, the Borough
shall:
(1)
Obtain a written report of an arborist possessing any credentials
required by law as to the health of the trees located on the street
which may be identified for removal in connection with said project
and suggest possible means of conservation for the engineer;
(2)
Hold a public workshop session concerning the pertinent details of
the project and make available for public inspection any nonprivileged
engineering and arborist's reports concerning the project; and
(3)
Notify residents in the affected project area by mail (in a prominently
marked envelope with the wording, "Official Borough Business - Time
Sensitive Information") no less than 10 calendar days prior to the
above-mentioned public workshop. Other notifications, such as posting
on social media platforms or push notifications, if available, via
the Borough website, may also be utilized.
D.
A resident has the right, for good reason, to object to the planting
of a tree in front of his residence, which objection will be considered
and the final determination shall be made by the Commission.
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 Commission.
Every owner of any tree overhanging any street
or right-of-way 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 Borough or Commission shall have the right, but not the obligation,
to prune any tree or shrub on private property when it interferes
with the proper spread of light along the street from a streetlight,
visibility of any traffic control device or sign, or passage on a
public street or sidewalk.
Any person or firm engaged in the regular and primary business or occupation of pruning, treating or removing trees must first apply for and procure a license in order to work within the Borough. The license fee shall be paid in advance, in such amount as provided in Chapter 168, Article II. No license shall be required of any public service company or Borough department doing such work in pursuit of their public service endeavors nor from any private property owner performing work on his property either by the owner or some agent, casually engaged by the owner, whose primary occupation is not tree removal or pruning or arborist work.
[Amended 1-28-2021 by Ord. No. 03-2021]
Trees planted or existing between the curbline and the sidewalk
abutting property, or abutting the street or curbline where no sidewalk
is present, are the responsibility of the property owner, subject,
however, to the authority of the Shade Tree Commission as provided
in this section. The property owner is required to maintain the area
between the curbline and the sidewalk and the area abutting the street
or curbline where no sidewalk is present. The abutting property owner
may plant street trees in this area, provided the consent of the Commission
is obtained and the selection and location is in accord with Commission
rules.
It is unlawful to attach, in any manner, chains
or signs of any sort to any curbside tree or to place nails into any
curbside tree.
A.
The Commission may prescribe a fine for the violation
of each of its ordinances and regulations in an amount not exceeding
$1,500 for each violation, and the Atlantic Highlands Municipal Court
shall have jurisdiction over actions for the violation of ordinances
or regulations of the Commission.
B.
The ordinances and regulations 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 Borough.
C.
In addition, the Commission shall have the right to
require any person who removes or destroys a tree in violation of
ordinance and regulation to pay a replacement assessment as per N.J.S.A.
40:64-12.
Nothing contained in this chapter shall be construed
to make the Shade Tree Commission or any member thereof, or the Borough,
responsible for the death or injury of any person or for any injury
to any property or highway tree or shrub.
