There is established in the Borough of Chester
a shade tree commission to be known as the "Shade Tree Commission
of the Borough of Chester," consisting of no fewer than five nor more
than seven members to be appointed by the Mayor of the Borough, who
shall be residents of the Borough and serve without compensation.
The members of the Shade Tree Commission shall
be appointed for the term and the Commission organized as set forth
in Chapter 64 of Title 40 of the Revised Statutes of New Jersey.
[Amended 8-1-2023 by Ord. No. 2023-08]
A. The Shade Tree Commission shall have all of the powers, duties and
responsibilities as set forth in N.J.S.A. 40:64-5, as it may be modified
or amended from time to time, all of which shall be incorporated herein
by reference. These powers include the following:
(1) 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, park or
parkway, except such as are excluded pursuant to N.J.S.A. 40:64-1
(state highways without DOT assent) in the municipality for which
they were created, including the planting, trimming, spraying, care
and protection thereof;
(2) Regulate and control the use of the ground surrounding the same,
so far as may be necessary for their proper growth, care and protection;
(3) Move or require the removal of any tree, or part thereof, dangerous
to public safety;
(4) Care for and control such parks and parkways; encourage arboriculture;
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;
(5) Administer treatment to, or remove, any tree situate 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 the suspected condition is first confirmed
by certificate issued by or on behalf of the Department of Agriculture.
B. The Shade Tree Commission may request assistance from the Borough
Administrator in executing these duties.
Any person that shall violate any provision of this article shall be liable to the penalties stated in Chapter
1, General Provisions, Article
III, General Penalty.
If any person shall continue to violate any of the provisions of this article, or shall neglect or refuse to comply with a lawful order of the Shade Tree Commission, a second or subsequent notification or order shall be construed as an additional notice of violation of this article, and each such additional offense shall subject the offending party, upon conviction, to the same penalty as provided by §
9-34 of this chapter together with the reasonable cost to the Shade Tree Commission to remediate the effect of the violation.
The Borough of Chester Engineer, Zoning Officer,
Public Works Superintendent and Police Department members and such
other persons who may be designated by resolution of the Shade Tree
Commission are hereby designated as authorized agents of the Shade
Tree Commission, who are authorized to serve and execute process in
the Borough on behalf of the Shade Tree Commission.