[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.
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.
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.
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.
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.