Fall Initiative Campaign Update – Shade Tree Commission

NPCCR members have been working on three petition drives:

• an initiative campaign to put the Shade Tree Commission ordinance on the November ballot for voters to vote on as a binding measure;
• an initiative campaign to put the question of changing from partisan local elections to nonpartisan local elections on the November ballot as a binding measure; and
• a referendum campaign to put the nonbinding question of adopting a one cent per $100 valuation municipal open space tax on the November ballot, to gauge community support for such a tax, which would make North Plainfield eligible for open space preservation funding that the Borough is not currently eligible for.

Signature-collection on these measures began at the June 21 Street Fair, and didn’t go as quickly as hoped.

So, the new plan is to continue gathering signatures for the Shade Tree Commission, continue a public information campaign on the pros and cons of nonpartisan local elections, and see what the Borough Council will do with the municipal open space tax question, since they also have the authority to place that measure on the November ballot, under the terms of the relevant statute – NJSA 40:12-15.1:

7. a. (1) The governing body of any municipality may submit to the voters of the municipality in a general or special election a proposition authorizing imposition of an annual levy for an amount or at a rate deemed appropriate for any or all of the following purposes, or any combination thereof, as determined by the governing body:

(a) acquisition of lands for recreation and conservation purposes;
(b) development of lands acquired for recreation and conservation purposes;
(c) maintenance of lands acquired for recreation and conservation purposes;
(d) acquisition of farmland for farmland preservation purposes;
(e) historic preservation of historic properties, structures, facilities, sites, areas, or objects, and the acquisition of such properties, structures, facilities, sites, areas, or objects for historic preservation purposes; or
(f) payment of debt service on indebtedness issued or incurred by a municipality for any of the purposes set forth [above]….

I’m working to put together an online petition for the Shade Tree Commission Ordinance (whose key points are summarized below, and whose full text is available here: Shade Tree Ordinance) This ordinance has been in the works (sought and drafted by the Shade Tree Advisory Board) for many, many years, has been revised and brought before the Council, and re-revised and brought before the Council again, many, many times. 

This latest draft is currently undergoing further revisions, by yet another Council subcommittee, for yet another submission to the full Council, but it seems clear based on past Council discussions that the Council is unlikely to adopt the measure in any form and that revision efforts are fruitless delay tactics.

If residents want to give the Borough’s shade tree canopy the protections provided by the shade tree ordinance (which is based on successful ordinances in other munipalities and has been well-vetted by Borough Attorney Eric Bernstein), then Borough voters will have to adopt it themselves. 

The online petition should be up by Wednesday or Thursday. If it turns out that the state law allows online petition signatures, then the Committee of Petitioners (led by Jerry Jacala – jer417@hotmail.com) will be able to submit those signatures with the hand-signed lists. If it turns out that state law requires all signatures to be hand-signed, then the online petition will be an easy way for potential signers to let the committee know they’d like a home visit to collect their handwritten signatures.

Shade Tree Commission Ordinance OVERVIEW

• Purpose of Ordinance is to protect Borough shade tree canopy and soil from needless destruction and erosion, to protect public health, safety and welfare, through establishing enforcement powers for Shade Tree Commission.
• First commissioners will be the five current members of the Shade Tree Advisory Board (Thalia Saloukas, Bart Thomas, Frank D’Amore, Rick Benson, Bill Rathjen). One new board member will be replaced (or re-appointed) each year thereafter, for staggered five-year terms. They’ll be appointed by the Mayor with Council approval, and serve without pay.
• The Commission will be authorized to regulate all trees on public land, and some trees on private land.
• The Commission will, at no charge, provide maintenance strategies, lists of recommended (native) tree species, guidelines for spacing, etc.

KEY DEFINITIONS

• ENFORCEMENT OFFICIAL – The Shade Tree Ordinance will be enforced by the Code Enforcement Officer designated by the Borough Administrator, or, if no such person is designated, the Borough Engineer.
• STOP WORK ORDER – Order to a person engaged in tree work in violation of the ordinance to stop immediately.
• TREE MEASUREMENT – Diameter Breast Height (DBH): tree diameter at 4.5 feet above the ground.
• TREE SITE PLANS & PRESERVATION PLANS – Detailed diagrams, reports, preservation and planting plans required of developers seeking to develop land containing shade trees.
• TREE REPLACEMENT FUND – A dedicated fund to collect money for buying and planting replacement trees.

SHADE TREES ON PUBLIC LAND

• Public Works employees may ONLY remove shade trees on public land after a majority of a Shade Tree Commission quorum has voted in favor of removal.
• On an ongoing basis, the DPW Director must provide a liaison to Shade Tree Commission; provide the Commission with a tree list of Borough trees proposed for pruning or removal, along with reasons; and ensure proper training of at least 3 DPW employees in shade tree maintenance and preservation methods, including sidewalk repair/re-routing methods.
• Landowners who live near trees on public land may not remove or damage those trees, except for minor pruning to limit overhang.
• “Topping” trees is unlawful unless the Commission makes an exception for severely storm-damaged trees.

SHADE TREES ON PRIVATE LAND

• Private Landowners may remove two trees of DBH 4-6″, and one tree of DBH 6-8″ without a permit each year.
• No trees larger than DBH 8″ may be removed by private landowners on private land without a permit.
• Commissioners will be available at no charge to assist homeowners with tree selection and planting for new trees.
• If the Commission has reason to believe a private tree is dangerous or a nuisance (diseased, infected, dying, dead, safety hazard, etc.) Commission members shall obtain permission from the property owner to come on the property to inspect the tree(s), and, if necessary, provide written notice to the homeowner ordering pruning or removal and giving the reason for the order.
• “Topping” trees is unlawful unless the Commission makes an exception for severely storm-damaged trees.

LAND DEVELOPMENT

• For all new subdivisions, the Planning Board must consult with the Commission on tree site plans and tree replacement plans.
• Tree site plans must show all existing trees (identified by species if the DBH is greater than 4″), property boundaries and total acreage, waterways, slopes greater than 10% and trees proposed for removal (identified by species if the DBH is greater than 4″).
• Developers must prepare tree protection plans, outlining grading, utility location, protection around existing trees, configuration of tree wells, etc. During construction, barriers must be installed around trees to be preserved to protect them from construction damage.
• The Commission can and will identify and protect “Landmark” trees within the Borough from destruction.
• Replacement trees of a minimum DBH 2.5″ must be planted where trees were removed or at locations approved by the Commission, of species approved by the Commission, at a ratio set by the ordinance: 1:1 for trees DBH 4-8″; 2:1 for trees DBH 8-12″; 3:1 for trees DBH 12-18″; 4:1 for trees 18-24″; 5:1 for trees DBH 24-36″; at least 6:1 for trees DBH greater than 36.”
• In some cases, the Planning Board can permit a developer to contribute to the tree replacement fund in lieu of planting, at a rate of no less than $400 per required replacement tree.

STOP WORK ORDERS – Any member(s) of the Permit Review Panel or Construction Office who witnesses tree removal activities occurring in violation of the ordinance must immediately issue a Stop Work Order to the person doing the work and to the landowner, who must immediately stop the tree work.

PENALTIES – Violations of the ordinance or failure to comply with notices issued under the ordinance provisions shall be subject to a fine of no more than $500 per offense if the violator is found guilty in municipal court. Each day of an ongoing offense is a separate offense. If the violation results in the injury, mutilation or death of a tree, the violator must pay the dollar value of the tree in restitution, such values set by the International Society of Arboriculture.

TREE REMOVAL PERMITS

• APPLICATION PROCEDURE – Anyone who wants to remove a tree whose removal is not otherwise permitted must apply to the Construction Office for a permit, listing the owner/applicant’s name address, phone number; a description of the property by lot and block number; the tree’s register number if it’s a landmark tree; plus sketches or photographs of the property showing lot size, nearby waterways; tree locations, species, size and number; purpose of removal; proposal for tree replacement. Permit applications may need to include a report and opinion from a NJ Certified Tree Expert, cost paid by applicant. All applications must include a $50 permit fee.
• REVIEW PANEL – The Permit Review Panel will be the first level of review for permit applications by private landowners seeking to remove shade trees. Members include the enforcement official and the members of the Shade Tree Commission.
• REVIEW PROCEDURE – The Permit Review Panel will visit the location, look at the land and the trees, and make a decision based on tree removal’s likely impact on drainage, soil stability, growth and development of nearby trees and loss of tree species. The panel will then grant or deny the permit in whole or in part.
• TIMEFRAMES – For applications related to Landmark trees, the Permit Review Panel has 60 days from the application to inspect, deliberate and render a decision. For applications related to non-Landmark trees, the panel has 15 days to inspect, deliberate and render a decision.
• APPEALS PANEL – The “Tree Preservation Appeals Panel” will be the second level of review, for landowners dissatisfied with decisions made by the Permit Review Panel, Planning Board, Zoning Board and/or Construction Officer. The Appeals Panel will include the Council Liaison to the Shade Tree Commission, the Public Works Liaison to the Shade Tree Commission, and the Borough Administrator, and possibly the Planning Board chair (if any two of the three regular members happen to be the same individual).
• APPEAL PROCEDURE – Landowner-appellant must appeal in writing within 10 days of the permit denial decision, stating the grounds for appeal. The Borough Clerk must schedule a hearing for no more than 10 days from the date of receipt, unless the appellant requests a postponement. The Appeals Panel will hear the appeal, review the record, and vote to affirm, overrule or modify the action of the Permit Review Panel. The Appeals Panel decision must be in writing and filed as a public record with the Borough Clerk, including copies of every notice or order related to the matter.

LICENSING & INSURANCE OF PRIVATE TREE SERVICES – All private tree-trimming and tree-removal professionals who wish to work in the Borough must provide the Borough Clerk with evidence of certification/licensure and worker compensation and liability insurance, copies to be kept on file at the Borough Clerk’s office.