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.
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.
Said Commission shall possess and be vested under the law with the following powers:
A. 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.
B. 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.
C. To move or require the removal of any tree or part thereof dangerous to public safety.
D. 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.
E. 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.
F. To study and recommend methods of funding, outside of municipal taxation, by grants and aid, both state and federal.
G. 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.
H. 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.