[Amended 5-9-2022 by Ord. No. 2022-04]
The City of Bordentown Shade Tree Committee shall be constituted pursuant to N.J.S.A. 40:64-1 et seq.
and shall have exclusive control with respect to the relocation, planting,
care, culture, trimming and development of shade trees in the City.
It shall develop and recommend to the Board of Commissioners a suitable
shade tree program and Master Plan for the City and shall have the
authority to promulgate rules and regulations, subject to the review
and approval of the City Commissioners, as necessary, for the operation
of the Committee. All trees and grounds within the exclusive jurisdiction
of the Shade Tree Committee remain the sole legal responsibility of
the Committee.
The first City of Bordentown Shade Tree Committee
members shall consist of seven members who shall be appointed by the
Board of Commissioners within 60 days after the ordinance providing
for the Committee shall become effective, and their terms of office
shall commence upon the day of their appointment and be for the respective
periods of one, two, three, four and five years, beginning on January
1 next succeeding such appointment. The terms of two members shall
be for five years and two members shall be appointed for four years.
The term of each appointee shall be designated in his appointment.
All subsequent appointments, except to fill vacancies, shall be for
the full terms of five years, to take effect on January 1.
The Committee shall organize within 30 days
after the appointment of its total membership for the remainder of
the then calender year and thereafter annually by the election of
one of its members as Chairman. It shall choose its own officers,
make its own rules and regulations and keep a record of its proceedings.
A majority of the members shall be a quorum for the transaction of
business. The Committee shall have the functions and powers set forth
in N.J.S.A. 40:64-1 et seq. except where inconsistent with this chapter,
in which case the chapter controls. The Board of Commissioners shall
provide the City of Bordentown Shade Tree Committee with a secretary
to record the minutes of meetings and assist in ministerial and administrative
functions. The salary of the secretary shall be fixed by the governing
body of the municipality.
Any vacancy occurring by reason of the death,
resignation or removal of any City of Bordentown Shade Tree Committee
member shall be filled for the unexpired term by appointment of the
Board of Commissioners.
A City of Bordentown Shade Tree Committee organized
under this chapter shall study, investigate, develop, administer and
update as necessary a Shade Tree Master Plan for the regulation, planting,
care and repair of shade and ornamental trees and shrubbery and curbing
and sidewalk as may be necessitated by the regulation, planting and
care of said trees and shrubs now located, or which may hereafter
be planted, in any public highway, park or parkway, including the
planting, trimming, spraying, care and protection thereof. Such Master
Plan shall be presented annually to the Board of Commissioners and,
upon its acceptance and approval by the Board, shall constitute the
official Shade Tree Master Plan for the City. Said Master Plan shall
be adhered to by the City of Bordentown Shade Tree Committee, the
City, its agents and employees and shall be followed in the exercise
of the following functions:
A. To exercise full and exclusive control over the use,
regulation, planting and care of shade trees, ornamental trees, and
shrubbery, as well as the ground surrounding shade trees, ornamental
trees and shrubbery so far as may be necessary for their proper growth,
care and protection.
[Amended 5-9-2022 by Ord. No. 2022-04]
B. To move or require the removal of any tree, or part
thereof, dangerous to public safety.
C. To care for and control such parks and parkways, encourage
arboriculture and recommend the alteration, amendment and repeal,
in the manner prescribed for the passage of ordinances by the governing
body of the municipality, any and all ordinances necessary or proper
for carrying out the provisions hereof.
D. To remove and repair sidewalk and curbing as may be
necessitated by the regulation, location, planting, care, removal,
treatment or root removal of any trees and shrubs, be they either
in the public way or on private property adjacent to the public way.
E. To 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 that the suspected condition
is first confirmed by certificate issued by or on behalf of the Department
of Agriculture.
Except as hereinafter provided, the cost of
all trees planted by the City of Bordentown Shade Tree Committee,
the cost of planting the same, the cost of any 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 be borne
by the City, which shall review and approve an annual budget submitted
by the City of Bordentown Shade Tree Committee for such purpose.
No statute giving any person or state, county
or municipal board, body or official the 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 street tree without the written
consent of the City of Bordentown Shade Tree Committee. In all cases,
the City of Bordentown Shade Tree Committee shall reasonably cooperate
with such person, board, body or official for the general public good.
Nothing in this chapter contained shall be construed
to make the City of Bordentown Shade Tree Committee or any member
thereof responsible for the death or injury of any person or for an
injury to any property or highway tree or shrub.