[Adopted 3-9-2004 by Ord. No. 05-2004]
The purpose of this article is to establish
a Shade Tree Commission for the Borough of Totowa, to preserve and
enhance the Borough's physical and aesthetic appearance and generally
protect the public health and safety as well as the general welfare
of the citizens of the Borough of Totowa by establishing standards
governing the planting of all trees, brush, vines, shrubs and ground
cover upon Borough-owned land.
The following definitions shall apply to this
article:
A small tree at least six feet or more at mature height.
Any road, avenue, street or highway dedicated to the public
use for street purposes, regardless of whether or not it has been
formally accepted by the Borough.
"Street" shall be deemed to include all portions lying between the
dedicated or established right-of-way lines thereof, said lines being
identical with the front property lines of lands abutting the street.
Any tree, shrub, plant, or any root, branch, flower or any
part thereof.
A.
There shall be a Shade Tree Commission of the Borough
of Totowa.
B.
Membership; appointment; terms.
(1)
The Shade Tree Commission shall consist of seven residents
of the Borough appointed by the Mayor and they shall serve for staggered
five-year terms. The first Commissioners shall be appointed within
60 days after the effective date of this chapter and the term of office
shall begin on the day of their appointment and shall be for the respective
periods. The term of each Commissioner shall be designated in their
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.
(2)
Any vacancy shall be filled for the unexpired term
by the Mayor.
C.
Authority. The Shade Tree Commission shall have the power and authority for the regulation, planting, care and control of shade and ornamental trees and shrubbery upon or in the streets, public right-of-way, public places, highways, parks or parkways within the jurisdiction of the Borough of Totowa and shall exercise all powers and rights and be subject to all duties provided in Chapter 325 of the 1915 Laws of New Jersey (N.J.S.A. 40:64-1 et seq.), as amended and supplemented.
D.
Organization. The Commission shall organize annually
by the election of one of its members as Chairman and the appointment
of a Secretary, who need not be a member. All Commissioners shall
serve without compensation except for the Secretary. The salary of
the Secretary shall be fixed by the Borough Council.
E.
Records and reports.
(1)
Public records. The records and minutes of the Commission
shall be deemed public records. An exact copy of the minutes from
each meeting shall be filed with the Borough Clerk.
(2)
Reports. The Commission shall submit, through its
Secretary, a monthly report to the governing body setting forth what
work has been done and what needs to be done. The report shall be
submitted to the Borough Clerk on the 10th day of each month.
F.
Meetings. Regular meetings shall be scheduled no less
than once a month. The Commission shall fix the time and place for
holding its regular meetings.
G.
Powers and duties. The Commission shall have the power
to:
(1)
Make recommendations for the regulation, planting
and care of shade and ornamental trees and shrubbery now located or
which may hereafter be planted in any street, public right-of-way,
public place, highway, park or parkway, including the planting, trimming,
spraying, care and protection thereof.
(2)
Regulate the use of the ground surrounding the same,
so far as may be necessary for their proper growth, care and protection.
(3)
Purchase and plant or have planted under its supervision,
at the request of the governing body of the Borough, any trees or
shrubs required in connection with any public improvement financed
in whole or in part by the Borough or any street, park or Borough-owned
land.
(4)
Regulate and control the indiscriminate and excessive
cutting of trees.
(5)
Make recommendations to the Mayor and Council concerning
any and all ordinances necessary for carrying out the provisions hereof.
H.
Responsibility for costs for planting and removal
of trees.
[Amended 11-13-2007 by Ord. No. 18-2007]
(1)
Except as herein provided, the initial cost of all
trees planted by the Commission including the cost of planting same,
the cost of posts and boxes or guards used for the protection thereof
shall be borne by the Commission. The Borough of Totowa Department
of Public Works shall be responsible for the maintenance of those
trees planted in the municipal right-of-way, public place, highway,
park or parkway beginning with any trees planted after the adoption
and enactment of this article. Maintenance shall include the removal
of trees or any part thereof deemed to be dangerous to the public
safety.
(2)
The cost for removal of any tree or any part thereof
deemed dangerous to public safety shall, if the Commission so determines,
be a charge upon the real estate upon which tree is removed or planted
as part of an improvement thereof. Such cost, if it is determined
to be paid by the owner, shall be paid directly to the Commission
or certified to the Tax Collector by the Commission and shall become
a lien upon the real estate to be included in the next tax bill rendered
to the owner(s) and collected in the same manner as other taxes against
the property. This shall only apply to trees planted in the municipal
right-of-way by the Commission prior to the adoption and enactment
of this article.
I.
Consent required for certain improvements. No statute
giving any person, state, county or municipal board, body or official
the power or authority to lay sidewalks 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 Shade Tree Commission within
whose jurisdiction the tree is located. In all cases, the Commission
shall reasonably cooperate with the person, board, body or official
for the general public good.
Anyone wishing to appeal a decision of the Shade
Tree Commission may file an appeal to the Mayor and Council. All appeals
must be made in writing and provide sufficient reason for the appeal.
A.
Any person who violates any of the provisions of this
article shall, upon conviction, be punished by a fine not to exceed
$2,000 for each offense or by imprisonment for a term not to exceed
90 days, or a requirement of community service not to exceed 90 days.
A separate offense shall be deemed committed on the day on which a
violation occurs and each day the violation continues to occur.
[Amended 3-28-2006 by Ord. No. 07-2006]
