[Adopted 8-25-2003 by Ord. No. 2003-15]
There is hereby established a shade tree commission pursuant
to N.J.S.A. 40:64-1 et seq. to regulate, plant, care for and control
all shade and ornamental trees and shrubbery upon and in the streets,
highways, public places, parks, and parkways of the Township, except
state highways, unless the Department of Transportation shall assent
thereto and except county highways, parks and parkways, unless the
Hunterdon County Shade Tree Commission shall assent thereto.
The commission shall be known as the "Shade Tree Commission
of the Township of Delaware."
[Amended 2-21-2023 by Ord. No. 2023-02]
The Commission shall consist of seven members and two alternates
appointed by the Mayor. All members shall be residents or employees
of the Township of Delaware and shall serve without compensation except
as hereinafter provided.
A.
The first commissioners shall be appointed within 60 days after the
effective date of this article and their terms of office shall begin
on the day of their appointment. They shall initially be appointed
to staggered terms for the respective periods of one, two, three,
four, and five years, beginning on January 1 next succeeding such
appointment. Two members shall initially have a four-year term. Two
members shall initially have a five-year term. Lots shall be drawn
at the organizational meeting of the Commission to determine initial
term lengths. All subsequent appointments, except to fill vacancies,
shall be for the full term of five years, to take effect on January
1.
B.
The alternates shall be designated at the time of appointment as
"Alternate No. 1" and "Alternate No. 2." The alternate(s) shall serve
during the absence or disqualification of any regular member(s). The
term of the alternate(s) shall be five years beginning on January
1 of the year of appointment. The term(s) of the first alternate(s)
appointed pursuant to this section shall begin on the day of his or
her (their) appointment(s) and shall expire on the fourth or fifth
December next ensuing after the date of his or her (their) appointment(s),
as the case may be. The alternate(s) may participate in discussions
of the proceedings but may not vote except in the absence or disqualification
of a regular member. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member.
C.
Any vacancy occurring by reason of the death, resignation or removal
of any commissioner shall be filled for the unexpired term by the
Mayor.
The Commission shall organize within 30 days after the appointment
of its total membership for the remainder of the calendar year, and
thereafter annually by 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 fixed by the Township Committee in the same
manner as other municipal salaries are fixed.
The Commission shall have all of the powers and rights and be
subject to all of the duties, responsibilities and limitations set
forth in N.J.S.A. 40:64-5 through N.J.S.A. 40:64-14, as said provisions
may from time to time hereafter be amended, supplemented or renumbered.
The Commission shall make, keep and preserve minutes and records
of its meetings and activities. In addition, on or before January
15 of each year, the Commission shall submit an annual report of the
preceding year to the Township Committee detailing the money spent
during the prior year, the type of work performed, the streets where
such work has been performed, and the work that is expected to be
performed in the coming year.
A.
By December 1 of each year, the Commission shall certify to the Township
Committee the estimated sum necessary for the proper conduct of its
work during the ensuing fiscal year, which shall include the sums
estimated to be expended for such of the following items as it is
anticipated expenditure will be made for, namely:
(1)
Payment of wages and salaries of employees;
(2)
Expenses of Commission members in discharging their official duties,
including expenses incident to attendance at professional meetings;
(3)
Purchase of trees and shrubbery; and
(4)
Purchase of necessary equipment and materials and the cost of services
for the prudent promotion of the work.
B.
Township Committee shall annually appropriate such sum as it may
deem necessary for said purposes.
All moneys collected in the Township, either as fines or penalties,
for any violation of a rule or regulation of the Commission, or as
a charge against real estate, under any provision of this article,
shall be forthwith paid over to the Township's Chief Financial Officer.
Nothing in this article shall be construed to make the Commission
or any member thereof, or any volunteer participating in any community
forestry program provided for by Section 4 of P.L. 1996, c. 135 (N.J.S.A.
13:1L-17.4), responsible for the death or injury of any person, or
for an injury to any property or highway tree or shrub. Pursuant to
N.J.S.A. 40:64-14, liability for any such death or injury shall be
governed by the provisions of the New Jersey Tort Claims Act, N.J.S.A.
59:1-1 et seq.
