The regulation, planting, care and control of
shade and ornamental trees and shrubbery upon and in the streets,
highways, public places, parks, parkways and vacant lots of the Borough,
except state highways, unless the State Highway Department shall assent
thereto, and except county highways, parks and parkways, unless the
County Shade Tree Commission shall assent thereto, shall be exercised
by and be under the authority of a commission, which shall be known
as the "Shade Tree Commission of the Borough of Dunellen."
The terms of office of the members of the Shade
Tree Commission first appointed shall begin upon the day of their
appointment and continue for the respective periods of one, two and
three years from the first day of January next succeeding such appointment,
which terms of the aforesaid appointees shall be designated in their
respective appointment. All other appointments except to fill vacancies
shall be made and take effect on the first day of January of each
year for a full term of three years.
Any vacancy occurring in the membership of the
Shade Tree Commission by reason of 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 the 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,
park or parkway, except such as are excluded pursuant to N.J.S.A.
40:64-1, in the Borough, including the selection, planting, trimming,
spraying, care and protection thereof.
B. Move or require the removal of any tree or part thereof as referenced in Subsection
A above, dangerous to public safety.
C. Care for and control such parks and parkways; encourage
agriculture; make, alter, amend and repeal, in the manner prescribed
for the passage, alteration, amendment and repeal of ordinances by
the governing body of the Borough, any and all ordinances necessary
or proper for carrying out the provision hereof.
Notwithstanding any other provision to the contrary,
any action exercised by the Shade Tree Commission may be reviewed
by the Mayor and Council. The Mayor and Council shall have the authority
to reverse any action of the Shade Tree Commission without prior notification
to the Shade Tree Commission.
All expenditures of the Shade Tree Commission
must be approved by the Mayor and Council.
The Shade Tree Commission shall prepare a monthly
report to be submitted to the Mayor and Council. The report shall
delineate all actions taken, all actions pending and all fees collected
by the Shade Tree Commission.