[Adopted 2-9-2006 as Ch. 22 of the 2006 Code of the Borough of High Bridge]
The Mayor and Council shall have the power to:
A.
Exercise full and exclusive control over the regulations, planting
and care of shade and ornamental trees and shrubbery now located or
which may hereafter be planted in any public right-of-way, highway,
park or public open space in the Borough of High Bridge.
B.
Regulate and control the use of grounds surrounding the same so as
may be necessary for their proper growth, care and protection.
C.
Move, remove or require the removal of any tree or branch or section
of tree dangerous to the public safety.
D.
Care for and control plantings in parks and roadways to encourage
arboriculture.
E.
Amend or adopt all ordinances necessary for the proper implementation
of the provisions of this article.
F.
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 Borough,
and 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 and on behalf of the Department
of Agriculture of the State of New Jersey.
G.
Accept guidance from the Borough Environmental Commission regarding
shade trees and shrubbery in the public domain.
Except as hereafter provided, the initial cost of all trees
planted by the governing body, including the cost of labor, tree stabilization
and protection articles, gear or equipment and the cost of the removal
of any tree or branch or section dangerous to the public safety shall,
if the governing body shall so determine in accordance with uniform
rules and regulations promulgated for that purpose, be a charge upon
the real estate upon which the tree or trees shall be planted, pruned
or removed as an improvement. Such costs payable by the owner may
be directly paid to the Borough or be certified by the Mayor and Council
to the Tax Collector and shall then become a lien upon the real estate
and be included in the next collection in the same manner as other
taxes against the property; provided, however, that the provisions
of this section shall not apply to the following:
A.
Notice of hearing. In every case where the property owner will be
charged with the cost of the planting of any shade tree or trees,
the Mayor and Council shall give notice of the meeting at which it
is proposed to consider said planting by publishing a notice at least
once not less than 20 days before the meeting in a newspaper circulating
in the Borough and service of a copy of the notice upon the property
owner at least 10 days before the meeting. The notice shall specify
streets or areas where the planting is proposed and require all persons
who may object to present their objections, in writing, to Mayor and
Council at or before their next meeting. A notice shall be sent, certified
mail, return receipt requested, to the person whose name appears on
the most recent tax list of the Borough for the receipt of tax bill
and notice sent or given to such persons shall be deemed sufficient
for the purpose of this section. Before final action shall be taken,
any objections filed with the Mayor or Council shall be considered.
B.
Emergencies. The Mayor and Council shall give reasonable notice of
its intention to remove or cause the removal of a tree or part of
a tree dangerous to public safety unless public safety requires immediate
removal, in which case no notice shall be necessary.
No statute giving any person, state, county or municipal board,
body or official the power or authority to lay any sidewalk along
or to open, construct, curb, clear or pave any street or to do any
similar acts shall be construed to permit or authorize any interference
with or injury to any roadway or highway shade tree without the consent
of the Mayor and Council within whose jurisdiction such tree shall
be located. In all cases, the Mayor and Council shall reasonably cooperate
with such person, board, body or official for the public good.[1]
The Mayor and Council shall serve without compensation.
