[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerdale 2-8-1978 by Ord. No. 78:3. Amendments noted where
applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 223.
[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.
[1]
Editor's Note: See also N.J.S.A. 40:64-1.
[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.
[1]
Editor's Note: See also N.J.S.A. 40:64-2.
A.
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.
B.
The salary of the Secretary, who may be compensated even if a member
of the Commission, shall be fixed by the governing body of the municipality;
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 municipality for corresponding
positions.
[1]
Editor's Note: See also N.J.S.A. 40:64-3.
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.
[1]
Editor's Note: See also N.J.S.A. 40:64-4.
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.
F.
Encourage arboriculture.
[1]
Editor's Note: See also N.J.S.A. 40:64-5.
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 such tree or trees
shall be planted or removed as an improvement thereof. Such cost,
if it is so determined that it is to be paid by the owner, shall,
unless paid directly to the Commission, be certified by it to the
collector of taxes of this municipality, shall thereupon become and
be a lien upon said 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 that property.
[1]
Editor's Note: See also N.J.S.A. 40:64-8.
A.
In every case where the property of an abutting owner will be chargeable
with the cost of the planting of any shade tree or trees, the Commission
shall give notice of the meeting at which it is proposed to consider
said planting by publishing the notice at least once, not less than
20 days before the meeting, in a newspaper circulating in the municipality
or by personal service of a copy of the notice upon the abutting owner
at least 10 days before the meeting.
B.
The notice shall specify the streets, street or portions thereof
on which such planting is proposed and require all persons who may
object thereto to present their objections at the office of the Commission
at or before the meeting. Before final action shall be taken, all
objections so filed shall be considered.
C.
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.
[1]
Editor's Note: See also N.J.S.A. 40:64-9.
A.
No statute giving any person or state, county or municipal board,
body or official 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
such Commission shall reasonably cooperate with such person, board,
body or official for the general public good.
B.
Nothing contained in this chapter shall be held to take away or diminish
any of the powers or authority of the Camden County Park Commission
over the trees or shrubbery in any Camden 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.
[1]
Editor's Note: See also N.J.S.A. 40:64-10.
A.
During the month of December in each year, the Shade Tree Commission
shall certify to the governing body of this municipality the estimated
sum necessary for the proper conduct of its 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:
(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 governing body of this municipality shall annually appropriate
such sum as it may deem necessary for said purposes.
[1]
Editor's Note: See also N.J.S.A. 40:64-11.
A.
The Commission may prescribe a fine for violation of its ordinances
in an amount not exceeding $200 for each violation, and the Municipal
Court of Somerdale shall have jurisdiction over actions for the violation
of such ordinances, and its ordinances shall be enforced by like proceedings
and process as that provided by law for the enforcement of ordinances
of this municipality.
B.
The officers authorized by law to serve and execute process for the
Municipal Court of this municipality shall be the officers to serve
and execute any process issued out of the Municipal Court for violations
of the ordinances of the Commission.
C.
A copy of any ordinance of the Commission, certified to under the
hand of its Secretary or Chairman, shall be received in any court
of this state as full and legal proof of the existence of the ordinance
and that all requirements of law in relation to the ordaining, publishing
and making of the same, so as to make it legal and binding, have been
complied with, unless the contrary is shown.
[1]
Editor's Note: See also N.J.S.A. 40:64-12.
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.
[1]
Editor's Note: See also N.J.S.A. 40:64-13.
A.
The Shade Tree Commission is hereby authorized and empowered to promulgate
such ordinances as may be necessary pursuant to statute and for the
proper interpretation, administration and enforcement of this chapter,
provided that such ordinances do not conflict with this chapter and
that they conform to the general standards prescribed by this chapter.
B.
All regulations adopted by the Shade Tree Commission shall be filed
with the Municipal Clerk for inspection by the public during regular
business hours.
