Borough of Red Bank, NJ Chapter 665 Trees

[HISTORY: Adopted by the Mayor and Council of the Borough of Red Bank 5-29-2007 by Ord. No. 2007-24. Amendments noted where applicable.]

GENERAL REFERENCES

Shade Tree Committee — See Ch. 9, Art. IX.

Brush, weeds and debris — See Ch. 252.

Property maintenance — See Ch. 505.

Streets and sidewalks — See Ch. 608.

§ 665-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

BOROUGH ARBORIST

The Borough of Red Bank Arborist.

PERSON

Every person, firm, association, partnership, and corporation.

PLANT CONSTRUCTION AS APPLIED TO PUBLIC UTILITY COMPANIES

Poles, wires, cables, subsurface conduits, pipes, manholes and appurtenant facilities of such companies installed in a street.

PUBLIC UTILITY COMPANY

Refers to a public utility as defined in the Revised Statutes of the State of New Jersey (N.J.S.A. 48:2-13).

SHADE TREE COMMITTEE

The Shade Tree Committee of the Borough of Red Bank.

STREET

A. Public rights-of-way.

B. Municipal parks and parkways.

C. County roads.

D. State highways.

TREE

Any living deciduous or coniferous tree with a normally anticipated mature height of 20 feet or greater.

§ 665-2 Required permits for nonutility operations.

A. No person shall do any of the following acts to any tree on a street without the prior permit:

(1) Cut, prune, climb with spikes, break, damage, remove or kill.

(2) Cut, disturb or interfere in any way with any root.

(3) Spray with any chemical.

(4) Fasten any rope, wire, sign or other device. (Nothing herein shall prevent any governmental agency from affixing in a manner approved by the Shade Tree Committee a public notice upon a tree in connection with administering governmental affairs.)

(5) Remove or damage any guard or device placed to protect any tree.

(6) Place or distribute chemicals, including, but not limited to, salt deleterious to tree health.

(7) Maintain a stationary fire or device that vaporizes noxious fumes deleterious to tree health.

(8) Plant any tree on a street.

(9) Remove soil, either for trenching or otherwise.

(10) Conduct razing, removal or renovation of any structure if deemed to be damaging to neighboring trees.

(11) Construct new sidewalks and/or driveways with any material whatsoever within five feet of a tree.

B. Nonemergency requests to permit actions identified in Subsection A(1) through (8) of this section should be directed to the Borough Arborist, the Shade Tree Committee or the Department of Public Works. Emergency requests should be directed to the Borough Arborist or the Department of Public Works.

C. Requests to permit other actions should be directed to the appropriate Borough of Red Bank agency.

§ 665-3 Required permits for utility operations; exceptions.

A. The Borough Arborist may grant to public utility companies a blanket permit for: tree pruning for line clearance; and for the installation and maintenance of subsurface and aboveground plant construction if there is interference with or endangerment to trees. The Borough Arborist shall notify the Borough of Red Bank Administrator and the Shade Tree Committee whenever such a permit is granted.

B. Public utility companies may, during periods of emergency, without specific prior permit: install temporary attachments to trees; and emergency subsurface repairs.

C. Each pubic utility company shall exercise reasonable diligence in the maintenance of its plant construction so as to avoid damage to trees under the jurisdiction of the Shade Tree Committee.

§ 665-4 Shade Tree Trust Fund.

[Added 8-9-2017 by Ord. No. 2017-20[1]]

There is hereby established a Shade Tree Trust Fund which shall receive contributions in accordance with § 490-81C of the Borough Code. The Shade Tree Trust Fund shall be administered in accordance with applicable local government finance laws and be used solely for the purpose of planting shade trees on public property within the Borough of Red Bank. The Red Bank Shade Tree Committee shall administer the Shade Tree Trust Fund and determine the location of shade trees to be planted and the type, size and methods of shades trees to be planted utilizing the trust fund, subject to the review and approval of the Borough Council.

[1] Editor's Note: This ordinance also redesignated former § 665-4, Violations and penalties, as § 665-5.

§ 665-5 Violations and penalties.

A. Any person found guilty of violating any of the provisions of these regulations shall, upon conviction by the Municipal Court of the Borough of Red Bank, County of Monmouth, be subject to the penalties provided in Chapter 1, General Provisions, Article II, General Penalty. Each day after the notification any violation of this chapter shall continue shall constitute a separate offense.

[Amended 9-28-2016 by Ord. No. 2016-19]

B. In addition to the penalty referred to in Subsection A of this section, the Borough of Red Bank may impose an additional civil penalty of an assessment paid to the municipality based upon the value of the tree as determined by a certified tree expert or trained forester or by the formula of not exceeding $39 per square inch of a cross section of the trunk measured 4.5 feet above ground level. This amount shall be modified by the tree's species variety, location, and its condition at the time of damage or destruction.

[Amended 9-28-2016 by Ord. No. 2016-19]

C. The Code Enforcement Department and the Borough Administrator shall have the authority to issue summonses, to initiate proceedings for the collection of civil penalties and to otherwise enforce the provisions of this chapter.