[Adopted 9-3-1975 by Ord. No. 577-75 (Ch. 89 of the 1975
Code)]
A.
The
Borough of Edgewater Shade Tree Board is hereby established.
B.
The
Board shall consist of five members, and two alternates, appointed
by the Mayor of the Borough of Edgewater, who shall be residents of
this municipality and shall serve without compensation.
[Amended 6-3-2002 by Ord. No. 1240-2002]
A.
The
first members of the Board shall be appointed within 90 days after
the effective date of this article, and their terms of office shall
commence on January 1 next succeeding such appointment.
[Amended 6-3-2002 by Ord. No. 1240-2002]
B.
The
term of each appointee shall be designated in his appointment. All
subsequent appointments, except to fill vacancies, shall be for the
full term of three years, to take effect on January 1 next succeeding
such appointment. In the event that the membership of any Board is
increased, the new members shall be appointed in such manner that
the terms shall expire in accordance with the foregoing.
The Shade Tree Board shall organize within 60 days after the
appointment of its total membership for the remainder of the then
calendar year, and thereafter annually by the election of one of its
members as Chairman and the appointment of a Secretary, who need not
be a member. The members of the Board and the Secretary shall serve
without compensation.
Any vacancy occurring by reason of death, resignation or removal
of any member of the Board shall be filled for the unexpired term
by the Mayor of the Borough of Edgewater.
The scope and responsibilities of the Shade Tree Board shall
be as follows:
A.
To prepare programs and plans for consideration by the governing
body with respect to the purchase, planting, care, rearing, trimming,
preserving and control of the shade and ornamental trees of the Borough.
B.
To meet with the governing body upon its request for discussion of
programs and recommendations.
C.
To consult regularly with the governing body concerning the shade
tree program of the Borough.
D.
To encourage arboriculture.
A.
When application for a subdivision of land is first submitted to
the Planning Board, the Planning Board will, within one week, advise
the Shade Tree Board of the desired subdivision, whereupon the Board
shall inspect the property involved, noting the number, type and location
of the various trees situate on the land proposed to be subdivided,
their approximate age and density of growth, together with the topography,
and taking into account the necessity for cutting or filling the land
to meet subdivision requirements.
B.
Within 10 days after receipt of such information, the Shade Tree
Board shall make a written report of its findings to the Planning
Board, together with any recommendation it might desire to make regarding
the safeguarding of desirable trees during the course of the subdivision
and the erection of buildings in such development.
The Shade Tree Board shall have the power to make contracts
and incur debts, but shall not have the power to adopt ordinances.
The Shade Tree Board, in making contracts or expenditures, shall not
exceed the amount appropriated for such purpose by the governing body.
The Mayor and Council shall have the power to:
A.
Regulate and control the use of the grounds surrounding the shade
and ornamental trees and shrubbery on public land, so far as may be
necessary for their proper growth, care and protection.
B.
Move or require the removal of any tree or part thereof dangerous
to public safety.
C.
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 the suspected condition is first confirmed
by a certificate of the Department of Agriculture.
A.
The initial costs of all trees planted by the Borough, the cost of
planting the same, the cost of the post and boxes or guards used for
the protection of the trees and the cost of the removal of any tree
or part thereof dangerous to public safety shall, if so determined
by the Borough governing body, be a charge upon the real estate in
front of which such tree or trees shall be planted or removed as an
improvement thereof. No charge shall be made against the property
or the owner thereof where a planting to replace a tree or trees previously
planted by the Borough is done, or where a planting is made in connection
with a commemorative ceremony instigated by the Borough, or where
a planting is made in connection with any educational demonstration.
B.
Any cost assessed as provided in this section shall be paid by the
owner to the Borough Clerk. Upon failure of the owner to make payment
to the Borough Clerk, said Borough Clerk shall certify the cost to
the Tax Collector, and the cost assessed shall thereupon become a
lien upon said real estate and shall be included in the next tax bill
rendered to the owner or owners thereof and be collected in the same
manner as other taxes against that property.
The Mayor and Council shall annually appropriate such sum as
it may deem necessary for the purchase of trees and shrubbery, the
purchase of necessary equipment and materials and for the cost of
services of the promotion of the work of the Shade Tree Board.
A member of the Council shall be charged with the duty of overseeing
the program of work undertaken by the Mayor and Council pursuant to
this article. Said member shall make monthly reports to the Borough
governing body on the work undertaken pursuant to the program provided
for herein.
Nothing contained in this article shall be held to take away
or diminish any of the powers or authority of the Mayor and Council
over the trees or shrubbery in the Borough of Edgewater within its
jurisdiction, or to give any other commission or board any power or
authority with respect to such trees or shrubbery.
