There is hereby created a Township Shade Tree Commission, which
shall be known as the "Weymouth Township Shade Tree Commission," hereafter
called the "Commission."
The Commission shall be composed of six persons, all of whom
shall be residents of the Township. The Commission members shall be
all members of the Environmental Commission and one Township official
or employee that shall be designated by the Township Committee. The
Committee shall hold its meetings on the same dates as the Environmental
Commission, either before or after said meeting.
When a vacancy in office occurs, the Weymouth Township Committee
may appoint a qualified person to fill the unexpired term.
The Commission shall report annually to the Weymouth Township
Committee.
The Commission shall have custody and control of all shade trees
in and upon the Township lands, roads and rights-of-way. The Township
may locate, plant, remove, maintain and protect such trees. The Commission
may also locate, plant, remove and maintain and protect trees along
the Township roads. All newly planted trees planted along any right-of-way
or road shall conform with the Weymouth Township Right-of-Way Ordinance.
However, no municipal funds shall be expended without the approval
of the Township Committee.
The Township Committee may make the services of the Township
Solicitor, Township Engineer or other employees available to the Commission
when necessary.
If any owner, person or other entity shall, after notice, fail
to comply with a lawful directive issued pursuant to this chapter,
the Township may perform the necessary work or authorize others to
do so and bill such person or other entity for the same. If such bill
remains unpaid for 30 days, the same may be filed and collected as
a municipal claim against the property in question. The filing of
a lien will not prevent the imposition of penalties specified below.
No person, partnership, corporation, trust or other entity shall,
without permission or good cause, cause injury or destroy and tree
in the custody or control of the Commission.
Any person, partnership, corporation or other entity who or
which fails to comply with or violates any of the provisions of this
chapter or directive issued hereunder or who takes part in, or aids,
abets, or assists in any way in such violation, whether through action,
inaction, negligence or otherwise, shall be liable upon conviction
for each offense in a summary proceeding before a municipal court
and shall pay a fine or penalty to the Township for an amount of not
less than $10 or more than $300. Each day in which any violation of
this chapter continues shall constitute a separate offense.
In the event any part of the ordinances or terms of ordinances
of Weymouth Township conflict with the terms and conditions of this
chapter, then the terms and conditions of this chapter shall govern.