[Adopted 5-13-1970 as Sec. 2-22 of the 1970 Revised General Ordinances (Ch.
105 of the 1992 Code)]
[Amended 2-10-1994 by Ord. No. 94-1]
The regulation, planting, care and control of shade and ornamental
trees and shrubbery upon and in the streets, highways, public places,
parks and parkways of the Borough, except state highways unless the
State Highway Department shall assent thereto and except county highways,
parks and parkways if a County Shade Tree Commission is operative
and gives assent thereto, shall be exercised by and under the authority
of the Shade Tree Commission of the Borough, which is hereby created.
The Commission shall consist of five members appointed by the Mayor,
who shall be residents of the Borough and shall serve without compensation,
except as hereinafter provided.
B.
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 need not be a member. The
salary of the Secretary, who may be compensated even if a member of
the Commission, shall be fixed by the Council.[2] 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 Borough for corresponding
positions.
[2]
Editor's Note: The Salary Ordinance is on file at the
Borough Clerk's office, where it is available for inspection.
C.
Any vacancy occurring by reason of the death, resignation or removal
of any Commissioner shall be filled for the unexpired term by the
Mayor.
The Shade Tree Commission shall have the power to:
A.
Exercise full and exclusive control over the regulation, planting and care of shade and ornamental trees and shrubbery now located or which may hereafter be planted in any public highway, park or parkway, except such as are excluded pursuant to § 10-4, including the planting, trimming, spraying, care and protection thereof.[1]
B.
Regulate and control the use of the grounds surrounding the 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 Council,
any and all ordinances necessary or proper for carrying out the provisions
hereof.
E.
Administer treatment to or remove any tree situated upon private
property which is believed to harbor a disease or insects readily
communicable to neighboring healthy trees in the care of the Borough
and enter upon private property for that purpose, with the consent
of the owner, provided that the suspected condition is first confirmed
by certificate issued by or on behalf of the New Jersey 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 the tree or trees shall be
planted or removed as an improvement thereof. Such cost, if it is
determined that it is to be paid by the owner, shall, unless paid
directly to the Commission, be certified by it to the Tax Collector;
shall thereupon become and be a lien upon the real estate; shall be
included in the next tax bill rendered to the owner or owners thereof;
and shall be collected in the same manner as other taxes against the
property.
In every case where the property of an abutting owner will be
chargeable with the cost of planting of any shade tree, the Commission
shall give notice of the meeting at which it is proposed to consider
such planting by publishing the notice at least once, not less than
20 days before the meeting, in a newspaper circulating in the Borough
and by personal service of a copy of the notice upon the abutting
owner at least 10 days before the meeting. The notice shall specify
the street, streets or portions thereof on which such planting is
proposed and require all persons who may object thereto to present
their objections, in writing, at the office of the Commission at or
before the meeting. Before final action shall be taken, all objections
so filed shall be considered. The Commission shall give reasonable
notice of its intention to remove or cause the removal of a tree or
part of a tree dangerous to public safety, unless public safety requires
immediate removal, in which case no notice shall be necessary.
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 Shade
Tree Commission within whose jurisdiction such tree shall be located.
In all cases, the Commission shall reasonably cooperate with such
person, board, body or official for the general public good. Nothing
in this section shall be construed to take away or diminish any of
the powers or authority of any 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 December in each year, the Shade Tree Commission
shall certify to the Council the estimated sum necessary for the proper
conduct of its work during the ensuing fiscal year, which shall include
the sum estimated to be expended for any of the following items for
which it is anticipated expenditure will be made:
(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 materials and the cost of services
for the prudent promotion of the work.
B.
The Council shall annually appropriate such sum as it may deem necessary
for such purposes.
The Shade Tree Commission is authorized and empowered to promulgate
any ordinances and written rules and regulations which may be necessary,
pursuant to statute, for the proper interpretation of this article
and the administration and enforcement thereof, provided that such
ordinances and regulations conform to and do not conflict with the
general standards prescribed by this article.
The Commission may prescribe a fine for violation of its ordinances
in an amount not exceeding $1,500 for each violation, and the Municipal
Court of the Borough shall have jurisdiction in actions for such violations.
The ordinances of the Commission shall be enforced by like proceedings
and process as that provided by law for the enforcement of Borough
ordinances. The officers authorized by law to serve and execute process
in the Municipal Court shall be the officers to serve and execute
any process issued out of the Municipal Court for violations of the
ordinances of the Commission. A copy of any ordinance of the Commission,
certified to by its Secretary or Chairman, shall be received in any
court of the state as full and legal proof of the existence of the
ordinance and that all requirements of law in relation to ordaining,
publishing and making of the same, so as to make it legal and binding,
have been complied with, unless the contrary is shown. All moneys
collected either as fines or penalties for any violation of a rule
or regulation of the Shade Tree Commission or as a charge against
real estate under any provision of this article shall be paid to the
Treasurer.
Nothing in this article shall be construed to make the Commission
or any member thereof responsible for the death or injury of any person
or for any injury to any property or highway tree or shrub.
