Borough of Glassboro, NJ Chapter 390 Shade Trees and Shrubbery

[HISTORY: Adopted by the Mayor and Council of the Borough of Glassboro 2-9-1971 by Ord. No. 3-71 as Ch. 96 of the 1971 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Board of Park and Recreation Commissioners — See Ch. 91.

Streets and sidewalks — See Ch. 415.

§ 390-1 Definitions.

For the purposes of this chapter, the terms used herein are defined as follows:

PERSON

Every person, firm, association, partnership and corporation.

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 the 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 COMMISSION

The Park and Recreation Commission of the Borough of Glassboro, which has assumed the duties of the previous Shade Tree Commission.

[1]

STREET

A. Any public street designated by the governing body to be within the jurisdiction of the Shade Tree Commission, and Subsections B, C and D of this definition, if applicable.

B. Municipal parks and parkways.

C. County roads.

D. State highways.

TREE

Trees and shrubs.

[1] Editor's Note: See Ch. 91, Park and Recreation Commissioners, Board of.

§ 390-2 Powers of Shade Tree Commission.

The Shade Tree Commission organized under this chapter shall have the power to:

A. Exercise full and exclusive control over the regulation, planting and care of shade trees and ornamental trees and shrubbery now located or which may hereafter be planted in any public highway, park or parkway, except such as are excluded pursuant to § 390-1 of this chapter, including the planting, trimming, spraying, care and protection thereof.

B. 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. Move to require the removal of any tree or part thereof dangerous to public safety.

D. Make, alter, amend and repeal, in the manner prescribed for the passage, alteration, amendment and repeal of ordinances by the governing body of this municipality, any and all ordinances necessary or proper for carrying out the provisions hereof.

E. Administer treatment to or remove 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.

F. Encourage arboriculture.

§ 390-3 Assessment of abutting properties for trees and improvements; exceptions.

A. Except as hereinafter provided, the initial costs of all trees planted by the Commission, the cost of planting the same, the cost of the posts and boxes or guards used for the protection thereof, and the cost of the removal of any tree or part thereof dangerous to public safety shall, if the Commission shall so desire, in accordance with uniform rules and regulations promulgated for this purpose, be a charge upon the real estate in front of which such trees or tree shall be planted or removed as an improvement thereof. Such costs, if so determined that they are to be paid by the owner, shall, unless paid directly to the Commission, be certified by it to the Collector of Taxes of this municipality, shall thereupon become and be a lien upon said real estate, shall be included in the next tax bill rendered to the owner or owners thereof, and be collected in the same manner as other taxes against this property.

B. The provision of this section shall not apply to:

(1) A planting to replace a tree or trees theretofore planted by the Commission.

(2) A planting in connection with Arbor Day exercises or other educational demonstrations.

§ 390-4 Permits required.

No persons shall do any of the following acts to any tree on the street without the prior permit of the Shade Tree Commission:

A. Cut, prune, climb with spikes, break, damage or remove or kill.

B. Cut, disturb or interfere in any way with any root.

C. Spray with any chemical.

D. 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.)

E. Remove or damage any guard or device placed to protect any tree or shrub.

F. Conduct razing, removal or renovation of any structure if deemed by the Commission to be damaging to neighboring street trees.

G. Place or distribute chemicals, including, but not limited to, salt, deleterious to tree health.

H. Maintain a stationary fire or device which vaporizes noxious fumes deleterious to tree health.

I. Remove soil, either for trenching or otherwise.

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

K. Plant tree or shrub.

§ 390-5 Blanket permits for public utility companies; applications for permits.

A. The Commission may grant to public utility companies a blanket permit for:

(1) Tree pruning for line clearance; and

(2) The installment and maintenance of subsurface and aboveground plant construction if there is interference with or endangerment to street trees.

B. Public utility companies may, during periods of emergency without specific prior permit:

(1) Install temporary attachments to trees; and

(2) Make emergency subsurface repairs.

C. 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 Glassboro Shade Tree Commission.

D. Requests for permits required by the provisions of this chapter for the performance of work should be directed to the Park and Recreation Commission, Borough of Glassboro, Gloucester County, New Jersey.

§ 390-6 Notices of intent to plant or remove trees.

In every case where the property of an abutting owner will be chargeable with the cost of the planting of any shade tree or trees, the Commission shall give notice of the meeting at which it is proposed to consider said planting, by publishing the notice at least once, not less than 20 days before the meeting, in a newspaper circulating in the municipality, or by personal service of a copy of the notice upon the abutting owner at least 10 days before the meeting. The notice shall specify the street, streets or portions thereof on which such planting is proposed, and require all persons who may object thereto to present their objections at the office of the Commission at or before the meeting. Before final action shall be taken, all objections so filed shall be considered. The Commission shall give reasonable notice of its intentions to remove or cause the removal of a tree dangerous to public safety, unless public safety requires immediate removal, in which case no notice shall be necessary.

§ 390-7 Damaging trees; exclusion of county parks.

A. 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 whose jurisdiction such tree shall be located. In all cases, such Commission shall reasonably cooperate with such persons, board, body or official for the general public good.

B. Nothing contained in this chapter shall be held to take away or diminish any of the powers or authority of the Gloucester County Park Commission over the trees or shrubbery in any Gloucester County park or parkway within its jurisdiction, or to give any other commission or board any power or authority with respect to such trees or shrubbery.

§ 390-8 Annual appropriation.

A. During the month of December in each year, the Shade Tree Commission shall certify to the governing body in 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 ready for, namely:

(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.

B. The governing body of this municipality shall annually appropriate such sum as it may deem necessary for said purposes.

§ 390-9 Violations and penalties authorized; ordinances of Commission; disposition of moneys collected.

A. The Commission may prescribe a fine for violation of its ordinances in an amount not exceeding $1,500 for each violation, and the Municipal Court of Glassboro shall have jurisdiction over actions for the violation of such ordinances of this municipality. The officers authorized by the law are to serve and execute process for the Municipal Court for violations of the ordinances of the Commission.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

B. 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 the 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.

C. Disposition of penalties. All moneys collected, either as fines or penalties, for any violation of a rule or regulation of the Shade Tree Commission enacted by ordinance, or as a charge against real estate under any provision of this chapter, shall be forthwith paid over to the custodian of the municipal funds.

§ 390-10 Filing of regulations.

All regulations adopted by the Park and Recreation Commission shall be filed with the Clerk for inspection by the public during regular business hours.