[Amended 9-12-1990 by Ord. No. 90:09]
A. 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 of Somerdale, 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 Department of Parks and Recreation is operative
and gives assent thereto, shall be exercised by and under the authority
of the Borough of Somerdale Shade Tree Commission, which is hereby
created.
B. The Commission shall consist of five members, appointed by the Mayor,
who shall be residents of this municipality and who shall serve without
compensation, except as hereinafter provided.
[Amended 9-12-1990 by Ord. No. 90:09]
The first Commissioners shall be appointed within 60 days after
the effective date of this chapter, and their terms of office shall
commence upon the day of their appointment and be for the respective
periods: one for one year, one for two years, one for three years,
one for four years and one for five 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 five years,
to take effect on January 1 next succeeding such appointment.
Any vacancy occurring by reason of the death, resignation or
removal of any Commissioner shall be filled for the unexpired term
by the Mayor of this municipality.
The Shade Tree Commission organized under this chapter 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 §
54-1 of this chapter, including the planting, trimming, spraying, care and protection thereof.
B. Regulate and control the use of the ground 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. Make, alter, amend 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 to or proper
for carrying out the provisions hereof.
E. Administer treatment to or remove any tree situated upon private
property which is believed to harbour a disease or insects readily
communicable to neighboring healthy trees in the care of this 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 New Jersey
Department of Agriculture.
All moneys collected, either as fines or penalties for any violation
of a rule or regulation of a Shade Tree Commission enacted by ordinance
or as a charge against real estate, under any provision of this chapter
shall be forthwith paid over to the custodian of the municipal funds.