[HISTORY: Adopted by the Mayor and Board of Aldermen of the Town
of Dover 5-28-1974. Amendments noted where applicable.]
There is hereby established and created in the Town of Dover a Shade
Tree Commission pursuant to N.J.S.A. 40:64-1 et seq.
[Amended 5-28-1996 by Ord. No. 19-1996; 8-10-1999
by Ord. No. 23-1999; 2-10-2004 by Ord.
No. 3-2004]
The regulation, planting, care and control of shade and ornamental trees
and shrubbery upon and in the streets, public rights-of-way, highways, public
places, parks and parkways of the Town of Dover, 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 thereto, shall be exercised by and under the authority of the Town
of Dover Shade Tree Commission, which is hereby created.
[Amended 8-10-1999 by Ord. No. 23-1999]
A.
The Shade Tree Commission shall consist of five members
and two alternate members appointed by the Mayor pursuant to N.J.S.A. 40:64-2.
B.
All appointments of members and alternate members to
the commission, except to fill vacancies, shall be for a term of five years,
commencing on January 1 in the year of their appointment.
C.
All members and alternate members shall be residents
of the municipality and shall serve without compensation. The alternate members
shall be designated as "Alternate No. 1" and "Alternate No. 2," and shall
serve in the absence of a regular member with the same powers and duties.
D.
The Mayor shall appoint, for a term of one year, to commence
on January 1 and end December 31, a member of the governing body to act as
liaison between the Shade Tree Commission and the governing body.
A.
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 and payments to contractors shall be fixed by the Commission
and made in accordance with law. All salaries shall be fixed as nearly as
practicable in accordance with the salary schedule of the Town of Dover for
corresponding positions.
B.
The Commission shall submit, through its Secretary, a
monthly report to the governing body dealing with all moneys spent, type of
work done, streets where the work has been done and all work that is to be
done. The Commission shall also submit, through its Secretary, a yearly report
to the governing body on all of the above points on or before December 15
of each year.
Any vacancy occurring by reason of the death, resignation or removal
of any Commissioner shall be filled for the unexpired term by the Mayor.
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, street, public right-of-way, park or parkway, except such as are excluded pursuant to § 84-2 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.
Make, alter, amend and repeal, in the manner prescribed
for the passage, alteration, amendment and repeal of ordinances by the governing
body of the municipality, any and all ordinances necessary or proper for carrying
out the provisions hereof.
E.
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 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.
F.
Encourage arboriculture.
A.
Except as hereinafter provided, the initial cost of all
trees planted by the Commission, the cost of planting the same, the cost of
the posts and boxes or guards used for the protection thereof and the cost
of the removal of any tree or part thereof dangerous to public safety shall,
if the Commission shall so determine, in accordance with uniform rules and
regulations promulgated for this purpose, be a charge upon the real estate
in front of which such tree or trees shall be planted or removed as an improvement
thereof. Such cost, if it is so determined that it is to be paid by the owner,
shall, unless paid directly to the Commission, be certified by it to the Collector
of Taxes of the municipality, shall thereupon become and be a lien upon said
real estate, shall be included in the next tax bill rendered to the owner
or owners thereof and be collected in the same manner as other taxes against
that property.
A.
In every case where the property of an abutting owner
will be chargeable with the cost of the planting of any shade tree or trees,
the Commission shall give notice of the meeting at which it is proposed to
consider said planting by publishing the notice at least once, not less than
20 days before the meeting, in a newspaper circulating in the municipality
and by personal service of a copy of the notice upon the abutting owner at
least 10 days before the meeting. The notice shall specify the street, streets
or portions thereof on which such planting is proposed and require all persons
who may object thereto to present their objections in writing at the office
of the Commission at or before the meeting. Before final action shall be taken,
all objections so filed shall be considered.
B.
The Commission shall give reasonable notice of not less
than 10 days of its intentions 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.
A.
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 the consent of the Town of Dover Shade Tree Commission.
In all cases, such Commission shall reasonably cooperate with such person,
board, body or official for the general public good.
B.
Nothing in this chapter contained shall be held to take
away or diminish any of the powers or authority of any County Park Commission
over the trees or shrubbery in any county park or parkway within its jurisdiction
or to give any other commission or board any power or authority with respect
to such trees or shrubbery.
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 shall include the sums estimated to be expended for such
of the following items as it is anticipated expenditure will be made for:
(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.
A.
The Commission may prescribe a fine for violation of
its ordinances in an amount not exceeding $200 for each violation, and the
Municipal Court of the Town of Dover shall have jurisdiction in actions for
the violation of such ordinances and shall be enforced by like proceedings
and process as that provided by law for the enforcement of ordinances of the
municipality. The officers authorized by law to serve and execute process
issued out of the Municipal Court for violations of the ordinances of the
Commission shall be the officers who are authorized to serve and execute any
process out of the Municipal Court of the Town of Dover for any violations
of the ordinances of the Commission.
B.
The ordinances shall be enforced by like proceedings
and process and the practice for the enforcement thereof shall be the same
as that provided by law for the enforcement of the ordinances of the municipality
in which the Commission exists.
C.
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 or the same, as to make it legal and binding, have been complied with,
unless the contrary be shown.
All moneys collected, either as fines or penalties, for
any violation of a rule or regulation of a Shade Tree Commission, or as a
charge against real estate, under any provision of this chapter shall be forthwith
paid over to the custodian of the municipal funds.
Nothing in this chapter contained shall be construed to make the Commission
or any member thereof responsible for the death or injury of any person or
for any injury to any property or highway tree or shrub.
The Shade Tree Commission is hereby authorized and empowered to promulgate
such ordinances and written rules and regulations as may be necessary, pursuant
to statute, and for the proper interpretation of this basic ordinance, administration
and enforcement, provided that such ordinances and regulations do not conflict
with this chapter and conform to the general standards prescribed by this
chapter.
