[MC 2006-16, § 1, April 19, 2006]
(a)
Person means every person, firm, association, partnership and corporation.
(b)
Plant construction as applied to public utility companies, means
poles, wires, cables, subsurface conduits, pipes, manholes and appurtenant
facilities of such companies installed in a street.
(c)
Public utility company means a public utility as defined in the Revised
Statutes of the State of New Jersey.
(d)
Shade Tree Commission means the Shade Tree Commission of the City
of Plainfield.
(f)
Tree means trees and shrubs.
[MC 2006-16, § 2, April 19, 2006]
The regulation, planting, care and control of shade or ornamental
trees and shrubbery upon and in the streets, public places, parks
and parkways of the City of Plainfield, except State highway, unless
the Department of Transportation shall assent thereto, and except
County highways, parks and parkways, if a County Shade Tree Commission
is operative and gives assent to, shall be exercised by and be under
the authority of the City of Plainfield Shade Tree Commission, which
is hereby created pursuant to the provisions of N.J.S.A. 40:64-01
et seq. The Commission shall consist of eight (8) members, two (2)
of whom shall be alternate members, one (1) shall be a Council representative
and one (1) shall be a Mayoral participating, but nonvoting representative
appointed from within the Plainfield Division of Public Works. Except
for the Council and Mayoral representatives hereinabove referenced,
all members and alternate members shall be appointed by the Mayor,
with the advise and consent of the City Council, and all members,
no matter what category or designation, including the Council and
Mayoral representative shall be residents of this municipality and
shall service without compensation. The Council representative shall
be appointed by the Council President and shall serve a one (1) year
term. The Mayoral representative shall be appointed by the Mayor and
shall serve a one (1) year term. It is desirable that at least one
(1) member have specific expertise in urban forestry, landscape architecture,
or arboriculture.
[MC 2006-16, § 3, April 19, 2006]
(a)
The first Commissioners shall be appointed within ninety (90) days
after the effective date of this article, and their terms of office
shall commence upon the date of their appointment and be for the respective
periods: five (5) members — one (1), two (2), three (3), four
(4) and five (5) years. The terms of each appointee shall be designated
in this appointment. All subsequent appointments, except to fill vacancies,
shall be for the full term of five (5) years, to take effect on January
1, next succeeding such appointment. In the event that the membership
of any Commission is increased, the new members shall be appointed
in such manner that their terms shall expire in accordance with the
foregoing.
(b)
The term of each alternate member shall be five (5) years commencing
on January 1 of the year of appointment, provided, however, that in
the event two (2) alternate members are appointed, the initial term
of Alternate No. 1 shall be five (5) years, and the initial term of
Alternate No. 2 shall be four (4) years.
(c)
An alternate member may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member. A vote instead of an alternate member.
[MC 2006-16, § 4, April 19, 2006]
The Commission shall organize within thirty (30) days after
the appointment of its total membership for the remainder of the then
calendar year, and thereafter annually by the election of one (1)
of its members as Chairman, and the appointment of a Secretary, who
need not be a member.
The salary of the Secretary, who may be compensated even though
all appointed members of the Commission shall not be compensated,
should be determined at the earliest possible opportunity, and shall
be voted and passed by a majority of the Commission. Such secretarial
salary shall not exceed five percent (5%) of total Tree Commission
annual budget.
[MC 2006-16, § 5, April 19, 2006]
Any vacancy occurring by reason of the death, resignation or
removal of any Commissioner shall be filled for the unexpired term
by the Mayor or other chief executive of this municipality.
[MC 2006-16, § 6, April 19, 2006]
The Shade Tree Commission organized under this chapter shall
have the responsibility to:
(a)
Determine the planting and care of shade and ornamental trees now
located, or which may hereafter be planted in any public street and
park, including the planting, trimming, spraying, care and protection
thereof;
(b)
Regulate the use of the ground surrounding the same, so far as may
be necessary for their proper growth, care and protection;
(c)
Require the removal of any tree, or part thereof, dangerous to public
safety;
(d)
Treat or require removal of any tree situated upon private property
which is believed to harbor a disease or insects readily communicable
to neighboring healthy trees in the care of this municipality and
enter upon private property for that purpose, with the consent of
the owner thereof; provided the suspected condition is first confirmed
by certificate issued by or on behalf of the New Jersey Department
of Agriculture;
(e)
Encourage arboriculture, engage and educate the citizens of Plainfield
on the benefits of arboriculture.
[MC 2006-16, § 7, April 19, 2006]
(a)
No person shall do any of the following acts to any trees on a street
without a prior permit from the Shade Tree Commission:
(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 Commission, 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
or shrub.
(6)
Conduct razing, removal or renovation of any structure if deemed
by the Commission to be damaging to neighboring street trees.
(7)
Place or distribute chemicals, including, but not limited to,
salt, deleterious to tree health.
(8)
Maintain a stationary fire or device, which vaporizes noxious
fumes deleterious to tree health.
(9)
Remove soil, either for trenching or otherwise.
(10)
Construct new sidewalks and/or driveways with any material whatsoever
within five (5) feet of a tree.
(11)
Plant any tree or shrub within the designated area under the
control of the Commission.
[MC 2006-16, § 8, April 19, 2006]
[MC 2006-16, § 9, April 19, 2006]
Requests for permits required by the provisions of this article
for the performance of work should be directed to the Shade Tree Commission,
City of Plainfield, Plainfield, New Jersey.
[MC 2006-16, § 10, April 19, 2006]
No statute giving any person or State, County or municipal board,
body or official 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 highway shade tree without the consent of the Shade
Tree Commission within the jurisdiction such tree shall be located.
In all cases such Commission shall reasonably cooperate with such
person, board, body or official for the general public good. Nothing
contained in this article shall be held to take away or diminish any
of the powers or authority of the Union County Park Commission over
the trees or shrubbery in any Union County park within its jurisdiction,
or to give any other commission or board any power or authority with
respect to such trees or shrubbery.
[MC 2006-16, § 11, April 19, 2006]
During the month of September, in each year, the Shade Tree
Commission shall certify to the Governing Body of this municipality
the estimated sum necessary for the proper conduct of its work during
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; namely,
(a)
Payment of wages and salaries of employees, if any;
(b)
Expenses of Commission members in discharging official duties including
expenses incident to attendance at professional meetings;
(c)
Purchase and installation of trees and shrubbery; and
(d)
Purchase of necessary equipment and materials and the cost of services
for the prudent promotion of the work.
The Governing Body of this municipality shall annually appropriate
such sum, as it may deem necessary and appropriate for said purposes,
but not to exceed Twenty Thousand Dollars ($20,000.00).
[MC 2006-16, § 12, April 19, 2006]
(a)
The Commission may prescribe a fine for violation of its ordinances
in an amount not exceeding One Thousand Five Hundred Dollars ($1,500.00)
for each violation, and the Municipal Court of Plainfield shall have
jurisdiction over actions for the violation of such ordinances, and
its ordinances shall be enforced by like proceedings and process as
that provided by law for the enforcement of ordinances of this municipality.
The officers authorized by law to serve and execute process for the
Municipal Court of this municipality shall be the officers to serve
and execute any process issued out of the Municipal Court for violations
of the ordinances of the Commission. A copy of any ordinance of the
Commission, certified to under the hand of its Secretary, or Chairman
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 the ordaining, publishing and making of the same, so
as to make it legal and binding, have been complied with, unless the
contrary be shown.
(b)
In addition to the penalties authorized by Subsection (a) of this section, the Commission 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 Commission for that purpose. In lieu of an appraisal, the Commission 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 Twenty-Seven Dollars ($27.00) 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 purpose of this section, "diameter at breast height" shall mean the diameter of the tree taken at a point four and a half (4.5) feet above ground level. The Commission shall modify the value of the tree upon its species variety, location and its condition at the time of removal or destruction.
(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 fixture, 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 a Commission pursuant to Subsections (a) or (b) of this section. This Subsection shall not exempt any public utility or cable television company from any penalty or replacement assessment imposed for negligent actions.
[MC 2006-16, § 13, April 19, 2006]
All moneys collected, either as fines or penalties, for any
violation of a rule or regulation of a Shade Tree Commission enacted
by ordinance or as a charge against real estate, under any provision
of this article shall be forthwith paid over to the custodian of the
municipal funds.
[MC 2006-16, § 14, April 19, 2006]
The Shade Tree Commission is hereby authorized and empowered
to promulgate such regulations as may be necessary, pursuant to statute,
and for the proper interpretation, administration and enforcement
of this basic Article, provided that such ordinances do not conflict
with this article and conform to the general standards prescribed
by this article.
[MC 2006-16, § 15, April 19, 2006]
All regulations adopted by the Shade Tree Commission shall be
filed with the Municipal Clerk for inspection by the public during
regular business hours.
[MC 2006-16, § 16, April 19, 2006]
If any section, subsection, paragraph, sentence, clause, phrase
or word contained in this article shall be declared invalid for any
reason whatsoever, such decision shall not affect the remaining portions
of this article which shall remain in full force and effect, and to
this end the provisions of this article are hereby declared to be
severable.
[MC 2006-16, § 17, April 19, 2006]
Nothing in this article shall prevent the appropriate Municipal
Body from enforcing any other ordinance of the Code of the City of
Plainfield dealing with property maintenance, which may include maintenance
of trees on private property or public sidewalks adjacent to private
property.
