[Adopted 2-22-1993 by Ord. No. 1993-2 (Ch. 81 of the 1995 Code); amended in its entirety 6-18-2011 by Ord. No. 2012-05]
A. 
A committee on shade trees is hereby established in the Township of Riverside. The Committee shall consist of the five members of the Township Committee and the Township Administrator.
B. 
The Shade Tree Committee shall have the following responsibilities:
(1) 
Review any and all matters relating to shade trees, ornamental trees and shrubbery within the Township of Riverside now located or which may hereafter be planted in/on any public highway, park, parkway, or easement, except for those under the jurisdiction of the New Jersey Highway Department or the County of Burlington, including reviewing requests to plant or remove such trees, and make recommendations to the Township Committee or the Director of Public Works. Such requests must be in writing and will be brought to the Committee by citizens of the Township, by the Department of Public Works or by any Township employee.
(2) 
Review and make recommendations regarding the care and use of ground surrounding shade trees and related vegetation as previously described, to assist in their proper growth, care and protection.
(3) 
Recommend that any tree or part thereof which is dangerous to public safety be moved or removed.
(4) 
Make recommendations for the care and control of Township parks and parkways.
(5) 
Take direct action to encourage arboriculture within the Township and make recommendations to the Department of Public Works and/or the citizens for that purpose.
(6) 
Review and recommend the administration of treatment to or removal of any trees situated on private property which are believed to harbor a disease or insects which may be communicable to neighboring healthy trees in the care of the Township. In the event that such recommendations are made, the owner of any such property, for the purpose of providing treatment or removing such trees, will be notified, in writing, by the Township Administrator.
It shall be unlawful for any person to commit any of the following acts to shade or ornamental trees and shrubberies on streets, highways, parkways, easements and parks or other lands owned by the Township without permission: to plant, set out, remove, take down, break or injure any such trees, shrubs or parts thereof unless recommended by the Committee and approved by the Township Administrator at the direction of the Township Committee, which approval shall be set forth in writing.
Effective July 1, 2012, property owners shall be responsible for the removal of any such trees, shrubs or parts thereof classified as "shade trees" upon direction of the Township. Said responsibility shall be for the removal and disposal of the "shade trees." Upon the recommendation of the Committee, the Township Administrator may determine to charge real estate in front of which trees are planted, treated or removed, as an improvement thereof if the property owner does not remove said "shade trees" within 30 days of notification, or a mutually agreed upon and memorialized time period. If it is determined that such cost is to be paid by the owner, it shall be certified by the Collector of Taxes in the municipality and billed to said owner. Should the owner fail to remit payment to the Township of Riverside within 30 days of the date of the invoice, the amount shall thereupon become and be 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. No such lien shall be applied to any planting to replace any tree or trees theretofore planted by the Township, nor to any planting in connection with Arbor Day exercises or other educational demonstration. In any case where it is determined to apply such cost to the adjacent property, notice of such intent shall be given to any owner or owners to be charged prior to incurring any expense, unless the same shall be deemed an emergency.
Nothing in this article shall be construed to make the Committee, the Township or any employee thereof responsible for the death or injury of any person or for damage to any property or highway caused by or related to any tree or shrub covered by the terms of this article.