[HISTORY: Adopted by the City Council of the City of Atlantic
City 4-25-2007 by Ord. No. 25-2007. Amendments noted where applicable.]
[Amended 3-23-2011 by Ord. No. 22-2011]
A.
There is hereby created the Atlantic City Shade Tree Committee.
B.
The Shade Tree Committee shall be comprised of nine residents, two
of which shall be alternate members. All members shall be appointed
by the Mayor for a term of four years, beginning in April 2007, and
until their successors are appointed and qualified.
C.
Terms.
(1)
The first Committee members shall be appointed within 60 days after
the chapter 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 and four years.
The Committee is to consist of seven members; one shall be appointed
for one year, two shall be appointed for two years, two shall be appointed
for three years and two for four years. The alternate members shall
be appointed for four years. In the event that the membership of the
Committee is increased, the new members shall be appointed in such
a manner that the terms shall expire in accordance with the foregoing.
The terms of each appointee shall be designated in his appointment.
All subsequent appointments, except to fill vacancies, shall be for
the full terms of four years, to take effect on January 1.
(2)
Thereafter, a member may be removed from service on the Committee
by a two-thirds vote of the full membership of the Committee for failure
to attend three or more consecutive meetings of the Committee. Excused
absences must be unanimously agreed upon and approved by the Chairman
and Vice Chairman of the Committee. Upon such removal, the Mayor's
office shall be notified by the Chairman, and a request shall be sent
for the appointment of a new member to fill the vacancy created thereby,
and it shall be made expeditiously. A vacancy occurring other than
by expiration of a term shall be filled for the unexpired term only
by appointment of the Mayor.
D.
Appointment and vacancies. The appointment of the Committee members will be completed by the Mayor. Representation shall reflect all six wards, except when a vacancy occurs on the Committee and said vacancy creates a need for an appointee who qualifies pursuant to one of the categories set forth in § 57A-2A. All vacancies shall be addressed within a sixty-day period by the office of the Mayor, and notice of such will be provided by the Committee. All recommendations of new members from City Council to the Committee will be reviewed and considered by the office of the Mayor. Immediate written notice of such vacancy shall be provided by the Planning Division to all members of the Committee, the Mayor, City Council and the public, which notice shall also state the category and ward representation, if any, of the vacating member.
A.
The membership of the Shade Tree Committee shall include, to the
extent possible, at least one of the following:
B.
The members of the Committee shall elect a Chairman and a Vice Chairman
and other officers which it deems appropriate. An officer shall be
permitted to serve more than one term, if so elected.
The Shade Tree Committee shall utilize parliamentary procedures
and establish bylaws for the orderly conduct of its meetings.
The members of the Shade Tree Committee shall serve without
pay for the faithful performance of their duties. No one shall, by
virtue of his or her service on the Atlantic City Shade Tree Committee,
be precluded from earning professional fees in the practice of his/her
profession in Atlantic City. A member shall abstain from voting on
matters which hold the potential of a conflict of interest for such
member. Each member shall disclose any pecuniary interest the member
or any of their family members may have in any applicant's project.
The City shall appropriate funding through the Division of Planning
as it deems necessary for the proper administration and functioning
of the Atlantic City Shade Tree Committee.
The Shade Tree Committee shall have the following duties:
A.
To make recommendations on public projects requiring government/administration
approval, as provided in this chapter, regarding trees and other landscape
elements, including parks, public buildings, landscape and streetscapes.
B.
To make recommendations regarding any tree in the City, whether on
public or private property.
C.
To improve planting techniques and provide safe, hazard-free locations
toward eliminating possible liabilities for the City and its residents.
D.
Coordinate with the Planning Division and Public Works Department
to examine all trees located in the City and make recommendations
to the administration regarding the condition of City trees; all funding
shall be compiled in the annual report.
E.
To serve as an advisor to the Planning and Zoning Boards for the
purpose of making recommendations regarding the landscaping of the
proposed projects.
F.
Provide appropriate information that may decrease landscaping cost
to the City.
G.
As a requirement of the New Jersey Community Forestry Management
Plan of the City, the practices of the Community Stewardship Incentive
Program will be the guidelines of the Committee and several required
activities; such as an annual Arbor Day event, but will not be limited
to the development of additional activities.
H.
To annually report to the Mayor, City Council, Planning and Zoning
Boards, and the Planning Division regarding the projects reviewed
and other activities of the Committee during the year; said report
to be on a calendar-year basis and to be filed on or before January
15 of the following year. This report will also be forwarded to the
State Forester and the New Jersey Tree Foundation Coordinator.
It is the mission of the Shade Tree Committee to:
A.
Promote, develop and advocate for a sustainable, safe, mature urban
forest that enhances the City of Atlantic City and is supported by
its residents and governing bodies.
B.
Implement proactive plans for the Atlantic City Shade Tree Management
Program that includes community awareness and education.
C.
Increase the community's understanding of the urban forest and
increase the public's appreciation of trees on public and private
lands that benefit the entire community.
D.
Provide support and recommendations for tree assessments, tree maintenance,
tree removal and tree planting.
All meetings of the Shade Tree Committee shall be held in compliance
with the New Jersey Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.).
[Added 4-11-2012 by Ord. No. 32-2012]
A.
All trees on public land or within the public rights-of-way in the
City of Atlantic City shall be managed and regulated by the Atlantic
City Shade Tree Committee. All planting, removal or replacement of
such public trees (hereinafter called "trees") shall be reviewed by
the Shade Tree Committee (STC). This includes all trees within the
Casino Reinvestment Development Authority (CRDA) Tourism District.
B.
No tree shall be removed, replaced or substantially pruned until
after a written request for such action is presented to the Shade
Tree Committee at a public meeting. A recommendation for the appropriate
action shall then be issued by the STC to the City administration
for consideration. Subsequently, a formal determination shall be made
by the Department of Planning and Development. Substantial pruning
shall be considered pruning greater than 51% of the tree canopy.
C.
Prior to any removal, replacement or substantial pruning of a tree,
written application for such shall be submitted by the requesting
party to the Shade Tree Committee for review. Each tree shall then
be assessed by City staff, photographed and subsequently discussed
at a public Shade Tree Committee meeting. The STC shall provide its
formal recommendations by the next Shade Tree Committee meeting.
D.
The cost associated with the removal of a hazardous tree(s) (as determined
by the STC) within a public right-of-way shall be shared between the
property owner and the City of Atlantic City. A hazardous tree is
one that by itself or as a result of its growth has damaged other
improvements as to create a hazard or safety issue. The costs to be
incurred by the City shall be:
E.
Commercial properties and businesses located in the CRDA/Tourism
District shall adhere to the same requirements.
F.
If a property owner's request for removal of a tree(s) ultimately
results in a preliminary determination by the Shade Tree Committee
to be a nonhazardous tree, then prior to STC's final decision
on the request the tree's value to the City's urban forest
will be assessed. A nonhazardous tree shall be a tree that does not
affect the general safety or welfare of pedestrians or property owners.
The request for removal of a nonhazardous tree may be granted, provided
that the property owner agrees to bear the cost of tree removal and
for the planting of trees in an alternate location(s) based on the
nonhazardous trees comparable value.
G.
The cost of managing or removing storm-damaged public trees shall
be the responsibility of the City of Atlantic City. A storm-damaged
public tree is one that is either in the right-of-way, on public property
or falls on or over public property.
H.
Violations and penalties. In addition to the civil remedies provided
herein, any person violating the provisions of this chapter shall,
upon conviction in the Municipal Court of the City of Atlantic City,
be punished for each offense by a fine not exceeding $2,000 or by
imprisonment for a term not exceeding 90 days in the county jail or
in any place provided by the City of Atlantic City for the detention
of prisoners, or both. Each separate provision of this chapter violated
and each day on which any such violation continues shall be considered
a separate offense. The Municipal Judge before whom any such person
may be convicted of violating any provision of this chapter shall
have power to impose any fine or term of imprisonment not exceeding
the maximum fixed in this chapter.
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Note: The City of Atlantic City and the Casino Redevelopment
District Authority shall endeavor to share the costs of tree maintenance
within their respective annual budgets.
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