[Adopted 7-6-2004 (Ch. 42 of the 1982 Code)]
There is hereby created a Shade Tree Commission consisting of
not less than three and not more than five members, who shall be residents
of the Borough, which Commission shall be known as the "Shade Tree
Commission of the Borough of Swedesboro," and shall be appointed by
the Mayor and shall serve without compensation except as hereinafter
provided.
The Shade Tree Commission of the Borough of Swedesboro shall
have jurisdiction over the planting, care, control, and removal of
shade and ornamental trees and shrubbery upon and in the streets,
highways, public places, parks and parkways of the Borough of Swedesboro,
except state highways, unless the State Highway Department shall assent
thereto, and except county highways, parks and parkways of Gloucester
now or hereinafter has a county shade tree commission, unless the
county shade tree commission shall assent thereto.
The Commission shall be appointed within 60 days from the final
passage of this article, and their terms shall commence upon the day
of their appointments and be for the respective periods of three,
four, and five years counted from January 1 next succeeding their
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 appointments. In event that the membership
of any Commission is increased, the new members shall be appointed
in such manner that the terms shall expire in accordance with the
foregoing.
The Commission shall organize within 30 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 may be compensated even if
a member of the Commission and whose compensation shall be fixed by
the governing body of the municipality. 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, if any, of
the municipality for corresponding positions.
The Shade Tree Commission of the Borough of Swedesboro shall
have power to:
A.
Exercise full and exclusive control over the regulation, planting, care and/or removal of shade and ornamental trees and shrubbery now located or which may hereinafter be planted in any public highway, park or parkway, except as excluded by § 7-27 of this article.
B.
Regulate and control the use of the ground surrounding 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;
and make, alter, amend and repeal, in the manner prescribed for the
passage, alteration, amendment and repeal of ordinances by the governing
body of the municipality, any and all ordinances necessary or proper
for carrying out the provisions hereof.
E.
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.
A.
Except as hereinafter provided, the initial cost of all trees planted
by the Commission, the cost of planting the same, the cost of the
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, if the Commission shall so determine, in accordance
with uniform rules and regulations promulgated for this purpose, be
a charge upon the real estate in front of which such tree or trees
shall be planted or removed as an improvement thereof. Such cost,
if it is so determined that it is to be paid by the owner, shall,
unless paid directly to the Commission, be certified by it to the
Collector of Taxes of the municipality, shall thereupon become and
be a lien upon said real estate, 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.
No statute giving any person or state, county or municipal board,
body or official 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 highway shade tree without the consent of the shade
tree commission within whose jurisdiction such tree shall be located.
In all cases, such commission shall reasonably cooperate with such
person, board, body or official for the general public good. Nothing
contained in this article shall be held to take away or diminish any
of the powers or authority of the County Park Commission over the
trees or shrubbery in any county park or parkway within its jurisdiction,
or to give any other commission or board any power or authority with
respect to such trees or shrubbery.
A.
During the month of November in each year, the Shade Tree Commission
of the Borough of Swedesboro shall certify to the governing body of
the municipality 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:[1]
(1)
Payment of wages and salaries of employees.
(2)
Expenses of Commission members in discharging official duties, including
expenses incident to attendance at professional meetings.
(3)
Purchase of trees and shrubbery.
(4)
Purchase of necessary equipment and material and the cost of services
for the prudent promotion of the work.
B.
The Borough Council of the Borough of Swedesboro shall annually appropriate
such sums as it may deem necessary for said purposes.
No person shall do any of the following acts to shade any ornamental
trees and shrubbery upon and in the streets, highways, public places,
parks and parkways of the Borough of Swedesboro, except state highways,
unless the State Highway Department shall assent thereto and except
county highways, parks and parkways if Gloucester now or hereafter
has a county shade tree commission, unless the county shade tree commission
shall assent thereto, without the prior approval of the Shade Tree
Commission:
A.
Cut, prune, climb with spikes, break, damage, remove or kill.
B.
Cut, disturb or interfere in any way with any root.
C.
Spray with any chemical.
D.
Fasten any rope, wire, sign or other device. (Nothing herein shall
prevent any governmental agency from affixing in a manner approved
by the Shade Tree Commission a public notice upon a tree in connection
with administering governmental affairs.)
E.
Remove or damage any guard or device placed to protect any tree or
shrub.
F.
Conduct razing, removal or renovation of any structure if deemed,
by the Commission, to be damaging to neighboring street trees.
G.
Place or distribute chemicals, including but not limited to salt,
deleterious to tree health.
H.
Maintain a stationary fire or device which vaporizes noxious fumes
deleterious to tree health.
I.
Remove soil, either for trenching or otherwise.
J.
Construct new sidewalks and/or driveways with any material whatsoever
within five feet of a tree.
K.
Plant any tree or shrub within the designated area under the control
of the Commission.
A.
The Commission may prescribe a fine for the violation of its ordinances
in an amount not exceeding $1,500 for each violation, and the Municipal
Court shall have jurisdiction over actions for the violation of such
ordinances, and its ordinances shall be enforced by like proceedings
and process as that provided by law for the enforcement of ordinances
of this municipality. The officers authorized by law to serve and
execute process for the Municipal Court of this municipality shall
be the officers to serve and execute any process issued out of the
Municipal Court for violations of the ordinances of the Commission.[1]
B.
In addition to the penalties authorized by Subsection A of this section, 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 municipality. 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.
C.
Any public utility or cable television company that clears, moves, cuts, or destroys any trees, shrubs, or plants for the purpose of erecting, installing, moving, removing, altering or maintaining any structure or fixtures necessary for the supply of electric light, heat, power communications, or cable television services upon any lands in which it has acquired an easement or right-of-way, shall not be subject to any penalty imposed by a Commission pursuant to Subsections A or B of this section. This subsection shall not exempt any public utility or cable television company from any penalty or replacement assessment imposed for negligent actions.
All money collected, either as fines or penalties, for any violation
of a rule or regulation of the Shade Tree Commission of the Borough
of Swedesboro or as a charge against real estate as provided by law
shall be forthwith paid over to the Borough Treasurer of the Borough
of Swedesboro.
