[Adopted 9-26-1966 as Art. VI of Ch. 2 of the 1966 Code]
The regulation, planting, care and control of shade and ornamental trees and shrubbery upon and in the streets, highways, public places, parks and parkways of the Borough, except state highways unless the State Highway Department shall assent thereto, and except county highways, parks and parkways in counties now or hereafter having a County Shade Tree Commission, 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 Metuchen.
A. 
The Shade Tree Commission shall consist of seven members appointed by the Mayor who shall be residents of the Borough.
[Added 10-18-1976 by Ord. No. 76-28; amended 12-20-2010 by Ord. No. 2010-22]
B. 
The members of the Shade Tree Commission shall be appointed by the Mayor and shall serve without compensation, except as provided by statute.
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 three, four and five 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 five 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 authority making the original appointment.
The Shade Tree Commission shall organize annually by the election of one of its members as Chairperson and the appointment of a Secretary, who need not be a member. The salary of the Secretary, who may be compensated even if a member of the Commission, shall be as fixed by the governing body of the Borough. The salary of all other employees shall be fixed by the Commission. All salaries shall be fixed as nearly as practicable in accordance with the salary schedule of the Borough for corresponding positions.
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, park or parkway, except such as are excluded pursuant to N.J.S.A. 40:64-1, in the Borough, including the planting, trimming, spraying, care and protection thereof.
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.
D. 
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 Borough, 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 Borough, 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 State Department of Agriculture.