This article shall be known and may be cited
as the "Shade Tree Ordinance of the Borough of Oceanport, New Jersey."
There is hereby established and created a shade
tree committee to be known as the "Shade Tree Committee of the Borough
of Oceanport."
The Shade Tree Committee of the Borough of Oceanport
shall be composed of seven members, to be selected and appointed by
the Mayor and Council at their next regular meeting after this article
shall go into effect.
The members of the said Shade Tree Committee
shall be nominated by the Mayor and confirmed by the vote of the Council.
One member shall be appointed for one year, one member for two years,
one member for three years, two members for four years and two members
for five years. Vacancies in the membership of the Committee, occurring
for whatever cause, shall be filled in the same manner in which the
original appointments were made, for the unexpired term thereof. Members
shall serve for their respective terms and until their successors
are appointed and qualified.
Any member of the Shade Tree Committee may be
removed from his or her office for cause, after an opportunity has
been given for a hearing and upon the vote of a majority of the Council.
Members of the Shade Tree Committee shall be
residents of the Borough of Oceanport and shall serve without compensation,
except as may be hereinafter provided.
Each member of the Committee shall, before assuming
office, take and subscribe an oath that he will faithfully and impartially
discharge the duties of his office.
The members of the Committee shall choose annually
from among its members, a Chairman or President and such other officers
as it may deem necessary. One member of the Borough Council, appointed
annually by the Council, shall be a liaison member of the Committee
without voting privileges.
A majority of the members shall constitute a
quorum of the Committee.
[Amended 7-18-1991 by Ord. No. 616]
A. The purpose of this article shall be to create a Shade
Tree Committee in the Borough of Oceanport to provide for the preservation,
regulation, planting, care and control of the shade and ornamental
trees and shrubbery upon and in the streets, highways, public places,
parks and parkways under the control of the Borough of Oceanport and
to make recommendations regarding the removal of existing trees and
the selection, placement and planting of trees upon private property
in connection with site plan and major subdivision applications.
B. To effectuate its purposes, the Committee shall have
the power to:
(1) Exercise full and exclusive control over the regulation,
planting and care of shade and ornamental trees and shrubbery now
located or which may hereafter be planted in any public highway, park
or parkway, including the planting, trimming, spraying and care and
protection thereof.
(2) Regulate and control the use of the ground surrounding
the same, so far as may be necessary for their proper growth and protection.
(3) Care for and control such parks and parkways and encourage
arboriculture.
(4) 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 the
municipality, provided that such treatment or removal is done with
the written consent of the owner thereof, and further provided that
the suspected condition is first confirmed by a certificate issued
by or on behalf of the New Jersey Department of Agriculture.
(5) Review and make recommendations regarding the removal
of existing trees and the selection, placement and planting of new
trees upon private property in connection with any application for
site plan or major subdivision approval pending before any board or
agency of the Borough.
The Committee shall make an annual report to
the Borough Council setting forth in detail its operations, transactions
and accomplishments for the preceding year.
Nothing in this article shall be construed to
make the Committee or any member thereof liable for the death or injury
of any person, or for any injury to any property or highway tree or
shrub.