Chapter 56 Shade Tree Commission

To repeal the existing Chapters 56 and 224 and adopt a new Chapter 56 establishing the Borough of Haddonfield Shade Tree Commission (the "Commission"), a regulatory body authorized by the Act,[1] and to delineate the powers and duties and other matters related to the operation of the Commission;

To preserve and protect trees and shrubbery located on property owned or under the control of the Borough of Haddonfield and which are within the Commission's jurisdiction;

To take such action as is necessary and appropriate to protect the public from an imminent threat to the public health and safety due to the condition of trees and shrubbery on property which is not Borough property and which, by virtue of the Act and this chapter, are within the Commission's jurisdiction;

To set forth, standardize and simplify procedures for reviewing applications to plant, maintain, remove or replace Borough trees; and

To set forth prohibited actions, establish penalties and prescribe a uniform standard for assessing the replacement cost of Borough trees that are removed by private parties or which otherwise are damaged or destroyed.

Pursuant to N.J.S.A. 40:64-1 et seq., the Borough has established the Commission which consists of five regular members and two alternate members, all of whom are residents of the Borough, and who shall be appointed by the Mayor of the Borough, which Commission shall be known as the "Shade Tree Commission of the Borough of Haddonfield." The terms of appointment of its regular members shall be staggered so that one appointment expires each year. All regular member appointments, except to fill vacancies, shall be for the full term of five years, to take effect on January 1. Alternate members shall be appointed for a term of five years, to take effect on January 1, wherein the initial term of Alternate No. 2 shall be for four years.

Alternate members shall be designated at the time of their appointment as "Alternate No. 1" and "Alternate No. 2." Alternate members may participate in the discussion of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate is to vote, alternate members shall vote in the order of their numerical designations.

Exercise full and exclusive control over the regulation, planting and care of Borough trees now located, or which may hereafter be planted, on Borough property, except such as are excluded pursuant to the Act and shall include, but not be limited to, the planting, trimming, spraying, care and protection thereof;

Regulate and control the use of the preservation area, so far as may be necessary for their proper growth, care and protection;

Remove or require the removal of any Borough tree;

Care for and control such parks and parkways and encourage arboriculture;

Make, alter, amend and repeal, in the manner prescribed for the passage, alteration, amendment and repeal of ordinances by the Borough, any and all ordinances necessary or proper for carrying out the provisions hereof;

Remove or require the removal of any private tree, or part thereof, whose condition represents a danger to the public health and safety;

Administer treatment to or remove any private tree which is reasonably believed to harbor a disease or insects readily communicable to neighboring Borough trees and to enter upon private property for the purpose, with the consent of the owner thereof, provided that the suspected condition is first confirmed by certificate issued by a certified tree expert; and

Other powers as provided by the Act, as amended and supplemented.

Where the Chairperson or the Chairperson's designee reasonably believes, based on a certification from a certified tree expert, that a private tree presents a dangerous condition to a Borough tree or to other public property, the Commission is authorized to remove same. Formal notice shall be served on the owner of the private property, which notice shall specify the private tree, the condition, the basis for the opinion that the condition represents a dangerous condition and shall provide the owner of the private property with 10 days to consent to the removal or file a formal objection thereto. The property owner may remove the condition on his or her own initiative. If the property owner files an objection, the matter will be heard and decided by the Commission within 30 days. If no objection is filed, the owner of the private property shall be deemed to have consented to the removal of the private tree. Service of the notice shall be by certified mail to the owner of the private property. All costs relating to the removal, consistent with the schedule hereinafter set forth for the removal of Borough trees, shall be paid by the owner of the private property or shall be a lien on the private property.

If the Chairperson or the Chairperson's designee reasonably believes, based on a certification from a certified tree expert, that a private tree exhibits an imminent threat to public health and safety, the Borough is authorized to remove same without prior notice. However, reasonable attempts shall be made to alert the owner of the private property. All costs related to the removal, consistent with the schedule hereinafter set forth, shall be paid by the owner of the private property or shall be a lien on the private property.

No person, firm or corporation shall do, or cause to be done, any of the following acts with regard to Borough trees without authorization obtained pursuant to the provisions of this chapter:

If the Chairperson or the Chairperson's designee has reason to believe that anyone has committed or is about to commit a prohibited act, then the Borough may issue a stop-work order delivery of same in person or by certified mail on the person, company or any employee or official of any such company which is the subject of the order. The order shall remain in effect unless and until the Commission issues a formal permit.

The provisions hereof relating to prohibited acts shall not apply to Borough Public Works employees and their agents acting within the scope of their employ, or to members of the Commission and their agents as designated by the Commission Chairperson.

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 fixtures necessary for the supply of electric light, heat or power, communication, or cable television services upon any land 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.

No person, board, body, official, separate entity and/or governmental entity may construct on Borough of Haddonfield lands or rights-of-way or easements a sidewalk, curb, or street or do similar acts which interfere with, injure or destroy a highway shade tree without consent of the Shade Tree Commission within whose jurisdiction such tree is located. In all such cases the Shade Tree Commission shall reasonably cooperate with such person, board, body, official, private entity and/or governmental entity for the general public good, as per N.J.S.A. 40:64-10.

All residents, with Shade Tree Commission approval, Borough employees and retained consultants and professionals or their agents and anyone planting, transplanting, trimming or undertaking any action affecting a Borough tree shall contract, purchase, transplant and trim according to the following standards:

Any person or entity wishing to remove, transplant, trim or otherwise treat a Borough tree shall file a written application with the Borough Public Works Department. No action shall be taken on any Borough tree until written authorization is received from the Public Works Department or the Commission, following an on-site evaluation. The property owner has the responsibility to pay the cost of removing such a tree and may be responsible for a tree replacement assessment in accordance with § 56-10B(2).

In reviewing any application for a building or construction permit, the Borough construction official shall make a preliminary determination as to whether the intended work has the potential to adversely impact any Borough tree. If the intended work has such potential the construction official shall refer the matter to the Commission. Permits may not be issued until the Chairperson of the Commission or his or her designee conducts an on-site evaluation and advises the property owner or contractor of the protective measures that must be taken during the course of construction. The property owner or contractor may appeal to the Commission, which shall promptly review the necessity or reasonableness of the protective measures. The construction official shall issue a stop-work order if the property owner or contractor is not implementing the protective measures.

No application shall be reviewed until it is complete.

Review and inspections for all submitted applications shall be carried out within 10 business days of a completed application.

Permission shall be granted or denied within five business days after the completed review and inspection. Absence of a written approval is not considered an approval. In the case of a denial, the applicant will be given written notice with reasons for the denial and a right to appeal to the Commission.

Penalties.

Tree removal and/or replacement assessment. In addition to the penalties authorized by Subsection A of this section, any person who removes, damage to, or otherwise destroys a tree in violation of this chapter shall pay the following fees:

In cases where there is concern of damage to a tree based on a property owner, developer or contractor not implementing or maintaining protective measures, the Commission can require an escrow for tree removal and tree planting as set in § 56-10B. The escrow will be held for a term of two years beginning at the time of deposit. At the end of this term a qualified tree professional will evaluate the tree to determine if the tree is healthy, damaged, or dying. In the event that no damage was done to the tree, the escrow will be refunded.

In cases where the Commission has given a property owner permission to remove a Borough tree, the Commission may further require the property owner to replace the tree or otherwise provide for its replacement, and to post a performance bond for such replacement.

The tree removal and replacement assessments shall be paid into the Fund described in § 56-11.