Borough of Branchville, NJ Chapter 32 Shade Tree Commission

[HISTORY: Adopted by the Borough Council of the Borough of Branchville 10-4-2000 by Ord. No. 4-2000. Amendments noted where applicable.]

GENERAL REFERENCES

Trees and shrubbery — See Ch. 111.

§ 32-1 Commission; personnel; appointment.

The regulation, planting, care and control of shade and ornamental trees and shrubbery upon and in the streets, highways, public places and parks and parkways of the Borough of Branchville, except state highways, unless the Department of Transportation shall assent thereto, and except County highways, parks and parkways, if a County Shade Tree Commission is operative and gives assent to, shall be exercised by and under the authority of Branchville Shade Tree Commission, which is hereby created. The members shall be appointed by the Mayor, who shall be residents of this municipality and shall serve without compensation except as hereinafter provided.

§ 32-2 First Commission; subsequent Commissions; terms.

The first Commissioners shall be appointed within 60 days after the effective date of this chapter, and their terms of office shall commence upon the date of their appointment and be for the respective periods of one, two, three, four and five years. The terms of each appointee shall be designated in his appointment. All subsequent appointments, except to fill vacancies, shall be for the full term of five years, to take effect on January 1 next succeeding such appointment.

§ 32-3 Organization; salaries of officers and employees.

The Commission shall organize within 30 days after the appointment of its total membership for the remainder of the then calendar year, and thereafter annually by the election of one of its members as Chairman and the appointment of a Secretary, who need not be a member. The salary of the Secretary, who may be compensated even if a member of the Commission, shall be fixed by the governing body of the municipality; the salary of all other employees shall be fixed by the Commission. All salaries shall be fixed as nearly as practicable in accordance with the salary schedule, if any, of the municipality for corresponding positions.

§ 32-4 Vacancies.

Any vacancy occurring by reason of the death, resignation or removal of any Commissioner shall be filled for the unexpired term by the Mayor.

§ 32-5 Powers of Commission.

The Shade Tree Commission organized under this chapter shall have power to:

A. 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 and park or parkway, except such as are excluded pursuant to § 32-1 of this chapter, including the planting, trimming, spraying, care and protection thereof.

B. 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. Move or require the removal of any tree or part thereof dangerous to public safety.

D. 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 this municipality and enter upon private property for that purpose, with the consent of the owner thereof, provided that the suspected condition is first confirmed by certificate issued by or on behalf of the New Jersey Department of Agriculture.

E. Encourage arboriculture.

§ 32-6 Public improvements affecting trees.

No statute giving any person or state, County or municipal board, body or official power or authority to lay any sidewalk along or to open, construct, curb or pave any street or to do any similar act shall be construed to permit or authorize any interference with or injury to a highway shade tree without an opportunity of the Shade Tree Commission having an opportunity to review the proposed plans and submit recommendations relating to possible interference or injury to any shade trees. The Shade Tree Commission shall be given two weeks from the date of the submission of the plans to submit its recommendations. Nothing contained in this chapter shall be held to take away or diminish any of the tree power or authority of the Sussex County Shade Commission over the trees or shrubbery in or along any Sussex County Road.

§ 32-7 Annual appropriations: estimate; amount. [1]

A. During the month of December in each year, the Shade Tree Commission shall certify to the governing body of this municipality the estimated sum necessary for the proper conduct of its work during the ensuing fiscal year, which shall include the sums estimated to be expended for such of the following items as it is anticipated expenditure will be made for; namely:

(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; and

(4) Purchase of necessary equipment and materials and the cost of services for the prudent promotion of the work.

B. The governing body of this municipality shall annually appropriate such sum as it may deem necessary for said purposes.

[1] Editor's Note: See also N.J.S.A. 40:64-11.

§ 32-8 Violations and penalty; jurisdiction of courts; copy of ordinance as evidence. [1]

A. The Commission may prescribe a fine for violation of its ordinances in an amount not exceeding $1,500 for each violation, and the Municipal Court having jurisdiction shall have jurisdiction over actions for the violation of such ordinances, and its ordinances shall be enforced by like proceedings and process as that provided by law for the enforcement of ordinances of this municipality. The officers authorized by law to serve and execute process for the Municipal Court of this municipality shall be the officers to serve and execute any process issued out of the Municipal Court for violations of the ordinances of the Commission. A copy of any ordinance of the Commission, certified to under the hand of its Secretary, or Chairman, shall be received in any court of this state as full and legal proof of the existence of the ordinance and that all requirements of law in relation to the ordaining, publishing and making of the same so as to make it legal and binding have been compiled with, unless the contrary be shown.

B. In addition to the penalties authorized by Subsection A of this section, the Commission may require a person who removes or otherwise destroys a tree in violation of a municipal ordinance to pay a replacement assessment to the municipality. The replacement assessment shall be the value of the tree as determined by the appraisal of a trained forester or certified tree expert retained by the Commission for that purpose. In lieu of an appraisal, the Commission may adopt a formula and schedule based upon tine number of square inches contained in a cross section of the trunk of the tree multiplied by a predetermined value per square inch, not to exceed $27 per square inch. The square inch cross section shall be calculated from the diameter at breast height and, if there is a multiple stem tree, then each trunk shall be measured and an average shall be made.

[1] Editor's Note: See also N.J.S.A. 40:64-12.