[Adopted 3-22-1989 as Ord. No. 89-24]
The regulation, planning, care and control of shade and ornamental trees and shrubbery upon and in streets, highways, public places, parks and parkways of this municipality, other than county parks and parkways, shall be managed by and under the control and the authority of a Commission which shall be known as the "Shade Tree Commission of the Township of Pennsauken," in accordance with the provisions of the enabling statutes of Title 40 of the Revised Statutes of the Laws of the State of New Jersey.
Editor's Note: See N.J.S.A. 40:64-1 et seq.
Said Shade Tree Commission shall consist of five members and a maximum of two alternate members who shall be appointed by the Mayor. The members of said Commission shall be residents of the Township of Pennsauken and shall serve without compensation except as hereinafter provided.
The first Commissioner shall be appointed within 60 days after this article, providing for the Commission, shall be effective, and said Commission shall organize within 30 days after the appointment of its total membership for the remainder of the then calendar year and, thereafter, annually.
The Commission shall select one of its members as Chairperson annually, and the Commission shall appoint a Secretary, who need not be a member of the Commission. The salary for the Secretary shall be fixed by the governing body of the municipality, and the salary of all other employees, if any, shall be fixed by the Commission, which salary shall be fixed as nearly as practicable in accordance with the salary schedule of the municipality for corresponding positions.
Editor's Note: See Ch. 73, Salaries and Compensation.
The term of office of each member of the Shade Tree Commission shall commence upon the day of appointment, and, in the case of the original Commission, the five members shall be appointed for one-year, two-year, three-year, four-year and five-year appointments, respectively. Said terms on the original appointment shall be from the day of appointment until December 31 of the next calendar year. The names of the appointees and the designation of their specific terms must be set forth in the appointment by the Mayor.
The terms of office of the alternate members of the Shade Tree Commission shall commence upon the day of appointment, and said appointees will be designated as "Alternate No. 1" and "Alternate No. 2," and, in the case of the original appointees, Alternate No. 1 will serve from the day of appointment until December 31 of the next calendar year, and Alternate No. 2 will serve from the day of appointment until December 31 in the year appointed. The names of the appointees and the designation of their specific terms must be set forth in the appointment by the Mayor.
All subsequent appointments after the original appointments, except to fill vacancies, shall be for full terms of five years or for two years as to the alternates, each to take effect on January 1.
Any vacancy occurring by reason of death, resignation or removal of any Commissioner shall be filled for the unexpired term by the Mayor of the Township.
Said Commission shall possess and be vested under the law with the following powers:
To 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, except such as are excluded pursuant to N.J.S.A. 40:64-1, including the planting, trimming, spraying, care and protection thereof.
To regulate and control the use of the ground surrounding the same so far as may be necessary for their proper growth, care and protection.
To move or require the removal of any tree or part thereof dangerous to public safety.
To recommend to the Township Committee the creation of, amendments to or repeal of ordinances adopted by the governing body necessary or proper for carrying out the provisions hereof.
To 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 and to enter upon private property for that purpose with the consent of the owner thereof, provided that the suspected condition is first confirmed by a certificate issued by or on behalf of the Department of Agriculture.
To study and recommend methods of funding, outside of municipal taxation, by grants and aid, both state and federal.
To develop a program of tree planting and overall beautification in areas along the public right-of-way and to prepare a survey of existing trees within the public right-of-way and upon public property and to develop a master plan for the care and control of existing shade trees and ornamental trees and the planting of new trees throughout the Township. Said survey and master plan shall be submitted to Township Committee for its review and approval annually, but in no event later than February 1 of the next succeeding year.
To provide a procedure for removing or trimming existing trees where necessary because the tree is either dead, diseased or injured by storm or similar consequences.
During the month of December in each year, the Shade Tree Commission shall certify to the governing body of the municipality the estimated sum necessary for the proper conduct of its work during the ensuing fiscal year, which sum shall include the sums estimated to be expended for such of the following items as it is anticipated expenditure will be made for, that is:
Payment of wages and salaries of employees.
Expenses of Commission members in discharging official duties, including expenses incident to attendance at professional meetings.
Purchase of trees and shrubbery.
Purchase of necessary equipment and materials and the cost of services for the prudent promotion of the work.
The governing body of the municipality shall annually appropriate such sum as it may deem necessary for said purposes.