There is hereby created the Borough of River
Edge Shade Tree Commission. The regulation, planting, care and control
of shade and ornamental trees and shrubbery upon and in (1) the streets,
highways, public places, parks and parkways of the Borough of River
Edge 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 the Commission. The
Commission shall consist of five members and two alternate members
appointed by the Mayor who shall be residents of the Borough of River
Edge and shall serve without compensation except as hereinafter provided.
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.
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
article 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 parkway, except such as are excluded pursuant to §
384-1 of this article, including the planting, trimming, spraying, care and protection thereof, except that no tree or shrubbery shall be planted in or removed from any Borough park, playground, recreational area, or other area under the jurisdiction of the River Edge Recreation Commission pursuant to Code §
79-4, without the consent of the River Edge Recreation Commission and the River Edge Shade Tree Commission. Should the Commissions not be able to agree on a planting or removal, the final determination shall be made by the Mayor and Council.
[Amended 2-16-2010 by Ord. No. 1683]
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. Whenever the Department of Public Works
Superintendent, or his designee, shall determine that a tree, or a
part thereof, creates an imminent danger to public safety, the Department
of Public Works may remove said tree, or part thereof, to eliminate
the dangerous condition, without prior approval from the Shade Tree
Commission. The Department of Public Works Superintendent, or his
designee, shall make every reasonable effort practicable under the
circumstances to communicate and consult with the Shade Tree Commission
before removing a tree or a part thereof.
[Amended 5-3-2010 by Ord. No. 1704]
D. Make, alter, amend and repeal any and all ordinances
necessary or proper for carrying out the provisions hereof in the
same manner as prescribed for the passage, alteration, amendment and
repeal of ordinances by the Mayor and Council;
E. Administer treatment to, or remove, any tree situated
upon private property which is believed to be a hazard or 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 the
suspected condition is first confirmed by certificate issued by or
on behalf of the New Jersey Department of Agriculture; and
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
Tax Collector of the Borough of River Edge, 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. Moneys received
by the Commission shall be paid over to the Chief Financial Officer
of the Borough and kept by him in a special fund which shall be under
the control of the Commission and used only for the purpose of defraying
the costs of planting and maintaining shade and ornamental trees and
shrubbery in the Borough and for the other expenses of the Commission.
The provisions of §
384-7 above shall not apply to:
A. A planting to replace a tree or trees theretofore
planted by the Commission or by the River Edge Shade Tree Committee.
B. A planting in connection with Arbor Day exercises
or other educational demonstration.
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 Borough 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 Borough, or 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 at the office of the Commission
at or before the meeting. Before final action shall be taken, all
objections so filed shall be considered. The Commission 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.
The Shade Tree Commission is hereby authorized
and empowered to promulgate such ordinances as may be necessary, pursuant
to statute, and for the proper interpretation, administration and
enforcement of this basic ordinance, provided that such ordinances
do not conflict with this ordinance and conform to the general standards
prescribed by this article.
All moneys collected, either as fines or penalties,
for any violation of a rule or regulation of a Shade Tree Commission
enacted by ordinance, or as a charge against real estate, under any
provision of this article shall be forthwith paid over to the custodian
of the municipal finds.
All regulations adopted by the Shade Tree Commission
shall be filed with the Municipal Clerk for inspection by the public
during regular business hours.