There is hereby established within the City
of Linwood, pursuant to N.J.S.A. 40:64-1 et seq., a commission which
shall be known as the “Shade Tree Commission of the City of
Linwood.”
The Commission shall organize within 30 days
after appointment and then, and annually thereafter in January of
each year, elect a Chairman and Secretary.
The powers of the Commission are those powers
specifically authorized by N.J.S.A. 40:64-5. The Commission shall:
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, and including the planting, trimming, spraying,
care and protection thereof.
B. Regulate and control the use of the grounds surrounding
the same as 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.
D. Care for and control such parks and parkways; encourage
arboriculture; make, alter, amend and repeal, in the manner prescribed
for in the passage, alteration, amendment and repeal of ordinances
by the governing body of the City, any and all ordinances necessary
or proper for carrying out the provisions hereof.
E. Administer treatment to, or remove, any tree situated
upon private property which is believed to harbor a disease or insects
readily communicable to neighboring healthy trees in the care of the
City and enter upon private property for that purpose, with the consent
of the owner thereof, provided the suspected condition is first confirmed
by a certificate issued by or on behalf of the Department of Agriculture.
Any person who violates any section of this
chapter shall, upon conviction thereof, be subject to a fine of not
less than $500 nor more than $1,500 for each violation. The Commission
may require a person who removes or otherwise destroys a tree in violation
of a municipal ordinance to pay a replacement assessment to the City.
The replacement assessment shall be the value of the tree as determined
by the appraisal of a trained forester or certified tree expert retained
by the Commission for that purpose.
All monies collected in the City either as fines
or penalties for any violation of a rule or regulation of a Shade
Tree Commission or as a charge against real estate, under any provision
of this chapter, shall be forthwith paid over to the City officer
empowered to be custodian of the funds of the City.