[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.[1]
[1]
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.[1]
[1]
Editor's Note: See Ch. 73, Salaries and Compensation.
A.
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.
B.
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.
C.
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.
D.
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:
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.
A.
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:
(1)
Payment of wages and salaries of employees.
(2)
Expenses of Commission members in discharging official
duties, including expenses incident to attendance at professional
meetings.
(3)
Purchase of trees and shrubbery.
(4)
Purchase of necessary equipment and materials and
the cost of services for the prudent promotion of the work.
B.
The governing body of the municipality shall annually
appropriate such sum as it may deem necessary for said purposes.
