Regulations governing municipal Shade Tree Commissions are found at N.J.S.A. 40:64-1 et seq.
This book shall be known and may be cited as "The Revised General Ordinances of the Shade Tree Commission of the Borough of Matawan, 2008" and may be referred to as the Shade Tree Commission Code.
The provisions of Chapter 1 of "The Revised General Ordinances of the Borough of Matawan, 2008" concerning definitions, construction, and severability shall apply to all chapters adopted by the Shade Tree Commission.
[1971 Code § STC:1-1]
As used in this chapter:
- Shall mean every person, firm, association, partnership or corporation engaged in the developments, alteration, or improvement of a tract, or in the construction of two or more homes, or apartments, condominiums, co-ops, and etc., or in the construction of one or more buildings intended for commercial or industrial use, whether so engaged in its own behalf, or in the interests of others.
- PLANT CONSTRUCTION,
- As applied to public utility companies, shall mean poles, wires, cables, subsurface conduits, pipes, manholes and appurtenant facilities of such companies installed in a street.
- PUBLIC UTILITY COMPANY
- Shall mean a public utility as defined in N.J.S.A. 48:2-13.
- SHADE TREE COMMISSION
- Shall mean the Shade Tree Commission of the Borough of Matawan.
- Shall mean any public street within the geographic limits of the Borough except County or State roadways, designated by the Borough Council to be within the jurisdiction of the Shade Tree Commission.
- Shall mean all trees and shrubs in the Borough.
[1971 Code § STC:1-2.1]
No person shall do any of the following acts to any tree on a street without the prior permit of the Shade Tree Commission:
Cut, prune, climb with spikes, break, damage or remove or kill.
Cut, disturb or interfere in any way with any root.
Spray with any chemical.
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.
Remove or damage any guard or device placed to protect any tree or shrub.
Conduct razing, removal or renovation of any structure if deemed by the Commission to be damaging to neighboring street trees.
Place or distribute chemicals, including but not limited to salt deleterious to tree health.
Maintain a stationary fire device which vaporizes noxious fumes deleterious to tree health.
Disturb any soil in any manner that will disturb root system.
Construct new sidewalks or driveways with any material whatsoever within five feet of a tree.
Plant tree or shrub.
Plant or maintain any tree or shrubbery extending over any portion of a sidewalk or right-of-way unless the tree or shrubbery extending over vehicular roadways has a minimum clearance of thirteen and one-half (13 1/2) feet and the tree or shrubbery extending over pedestrian roadways has a minimum clearance of eight feet.
[1971 Code § STC:1-2.2]
The Shade Tree Commission 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 street trees.
Public utility companies may, during periods of emergency without specific prior permit, install temporary attachments to trees and make emergency subsurface repairs.
Each public 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 Commission.
[1971 Code § STC:1-3.1]
In a tract being developed for the construction of two homes or more, the developer shall submit a landscaping plan to the Shade Tree Commission. The landscaping plan shall include suitable shade trees of each street side spaced not less than 50 feet apart. Trees shall meet planting requirements as specified by the Commission.
[1971 Code § STC:1-3.2]
A building permit shall not be issued by the Construction Official until the landscaping plan has been approved by the Shade Tree Commission.
[1971 Code § STC:1-3.3]
Applicants or developers of any tract of land or building site shall be required to post a performance bond to cover the cost of the landscaping which has not been completed when the building is ready to be occupied. The amount of performance bond shall be set by the Shade Tree Commission and posted with the Mayor and Council and shall not be surrendered until the total landscaping has been completed.
[1971 Code § STC:1-4]
Requests for permits required by the provisions of this chapter for the performance of work should be directed to the Shade Tree Commission.
[1971 Code § STC:1-5.1]
Contractors shall plant trees along the street right-of-way at average intervals of 50 feet but not less than 35 feet nor more than 75 feet apart. Trees shall be located within the sidewalk easement. Where curbs on opposite sides of the street are 60 feet or more apart, the trees shall be planted centered between the sidewalk and curb. Where curbs are less than 60 feet apart on opposite sides of the street, the trees shall be planted beyond the sidewalk as observed from the curb, but not closer than two feet from the sidewalk. This requirement shall be applicable only when the tree sites fall within the sidewalk easement. In the event that the space requirements cannot be met, the trees shall be planted centered between the sidewalk and curb.
In selecting the locations and types of shade trees the contractor shall consider the safety of vehicular and pedestrian traffic including visibility and sight distance, interference with utility lines, pipes and poles, proximity to driveways and consistency with the general character of the area.
The contractor shall procure and plant trees in accordance with the planting specifications which are on file in the office of the Borough Clerk and are incorporated in this section as though fully set forth herein at length with the same force and effect.
Variety and species of acceptable street trees shall be filed in the office of the Borough Clerk and are incorporated in this section as though fully set forth herein at length with the same force and effect.
No species or variety of tree shall be planted that is designated on a list of unacceptable trees that shall be filed in the office of the Borough Clerk and is incorporated in this section as though fully set forth herein at length with the same force and effect.
Trees of a species or variety not listed under paragraph d above, but not expressly banned under paragraph e above, may not be planted without permission of the Shade Tree Commission.
[1971 Code § STC:1-5.2]
The contractor shall submit for prior approval a plan of proposed planting to include number of trees, locations of planting, variety and species of trees, to the Unified Planning Board which shall then consult with the Shade Tree Commission.
All trees failing to meet requirements as to species, variety, size, condition of planting as filed in planting specifications, and in acceptable trees, and in unacceptable trees, or trees planted in location other than those previously approved by the Unified Planning/Zoning Board of Adjustment shall be replaced by the contractor at his expense, on being notified by the Shade Tree Commission of the failure to meet requirements.
At the expiration of the period of warranty, the trees planted by the contractor under the terms of this section shall become the property of the Borough, and will come under the responsibility of the Shade Tree Commission.
For a violation of any provision of this chapter, the maximum penalty, upon conviction thereof, shall be a fine not exceeding $1,000 or imprisonment for up to six months, or a period of community service not exceeding 90 days, or any combination thereof.