[Adopted 8-6-1946; amended in its entirety 11-11-1975 by Ord. No. 34-75 (Ch.
8, Art. I, of the 1990 Code)]
A.
The regulation, planting, care and control of shade and ornamental
trees and shrubbery upon and in the streets, highways and public places
of the Township of Mount Olive, except state highways; unless the
State Department of Transportation shall assent thereto, and except
county highways, parks and parkways, if a County Shade Tree Commission
or County Park Commission is operative and gives assent thereto, shall
be exercised by and under the authority of the Mayor and Mount Olive
Township Council. In order to aid the Mayor and Township Council in
regulating the planting, care and control of shade and ornamental
trees and shrubbery upon and in the streets, highways and public places,
there is hereby established a Shade Tree Committee.
[Amended 9-25-1990 by Ord. No. 40-90]
B.
The purpose of said Committee shall be to recommend legislation to
the Council and to make recommendations regarding the planting of
shade trees in the Township generally.
C.
The Shade Tree Committee hereby established shall consist of seven
members, who shall be residents of this municipality and, where feasible,
have experience or expertise in the area of arboriculture or related
fields and shall include one member of the Environmental Commission.
The Chairman of the Committee shall submit a monthly summary report
to the Township Council, setting forth the activities conducted by
the Committee, matters discussed and recommendations made by the Committee.
[Amended 2-27-1979 by Ord. No. 3-79]
[Amended 2-27-1979 by Ord. No. 3-79]
The first Committee members shall be appointed by the Township
Council within 60 days after the effective date of this article, and
their terms of office shall commence upon the day of their appointment
and shall be as follows: The first two appointees shall each serve
for one year; the second two appointees shall each serve for two years;
the fifth appointee shall serve for three years; the sixth appointee
shall serve for four years. 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 four years, to take effect on January
1 of the calendar year next succeeding such appointment. The Environmental
Commission member shall serve for two years.
A.
The Committee 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 need not be a member.
B.
Expenses of Committee members in discharging official duties, including
expenses incident to attendance at professional meetings, will be
reimbursed up to an amount appropriated by the governing body for
that purpose in the annual budget.
Any vacancy occurring by reason of the death, resignation or
removal of any Committee member shall be filled for the unexpired
term by the Township Council.
The Shade Tree Committee organized under this article shall
have power to:
A.
Recommend to the Mayor and Council legislation governing the regulation, planting and care of shade and ornamental trees and shrubbery now located or which may hereafter be planted in any public highway and park or parkway and public right-of-way, except such as are excluded pursuant to § 15-1 of this article, including the planting, trimming, spraying, care and protection thereof.
B.
Recommend legislation to the Mayor and Council regulating and controlling
the use of the ground surrounding the same so far as may be necessary
for its proper growth, care and protection.
C.
Recommend to the Mayor the moving or the requiring of the removal
of any tree or part thereof dangerous to public safety.
D.
Recommend to the Mayor and Council the making, altering, amending
and repeal, in the manner prescribed for the passage, alteration,
amendment and repeal of ordinances by the governing body of this municipality,
any and all ordinances necessary or proper for carrying out the provisions
hereof.
E.
Recommend to the Mayor the care, treatment or removal of any tree
situated upon private property which is believed to harbor a disease
or insect harmful to trees or other vegetation, readily communicable
to neighboring healthy trees or other vegetation, and to enter upon
private property for that purpose, with the consent of the owner thereof,
provided that the suspected condition is first confirmed by a certificate
issued by or on behalf of the New Jersey Department of Agriculture.
F.
Encourage arboriculture.
The planting of trees on public property, as recommended by the Shade Tree Committee upon the approval of the Mayor, shall be paid for by the Township. Where the Committee recommends to the Mayor the planting of trees on private property but within the public right-of-way, except in cases of new construction as prescribed in Chapter 347 of the Code of Mount Olive Township, trees shall be planted, provided that the landowner agree to pay for said trees.
A.
Where a private property owner has requested that a tree or trees
be planted along the public right-of-way in front of his or her property,
the Committee shall review this request and visit the premises if
necessary. The Committee shall consider the type or types of trees
which should be planted and their location and size. These considerations
shall be made in conjunction with the affected property owner. Upon
completion of these considerations, the Committee shall forward to
the Mayor its recommendation, accompanied by an executed agreement
of the property owner who will be benefited by the trees to pay for
said tree or trees.
B.
Where a tree or part of a tree located upon private property is dangerous
to public safety, unless public safety requires immediate removal,
the Committee shall give the property owner 10 days' notice that
it intends to recommend removal of such tree to the Mayor. Within
that ten-day period, the property owner may request a hearing before
the Committee, and the Committee shall report the property owner's
objections to the Mayor. If the Mayor decides to have the tree or
part thereof removed, the costs incurred shall be a lien against the
property, unless paid by the property owner.
No statute giving any person or state, county or municipal board,
body or official the 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 Mayor
and Council. In all cases, the Mayor 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 Morris County Park
Commission over the trees or shrubbery in any Morris County park within
its jurisdiction or to give any other commission or board any power
or authority with respect to such trees and shrubbery.
A.
During the month of October in each year, the Shade Tree Committee
shall certify to the Mayor the estimated sum necessary for the proper
conduct of 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:
B.
The Township Council shall annually appropriate such sum as it may
deem necessary for said purposes.
The Committee shall adopt rules of procedure, which shall provide
for a regular public meeting each month.
The Shade Tree Committee shall develop and recommend to the
Mayor and Council a Township master plan, setting forth those areas
of the Township in need of shade trees along the public rights-of-way,
the types of trees which should be planted and the approximate locations.
The master plan should consider the type of Zoning, the climate, soil
conditions and other factors necessary to evaluate and develop such
a plan. Upon completion of the master plan, any recommendations for
the planting of trees made pursuant to this section should make reference
to this plan, and any variance from the plan should be explained.
