[HISTORY:[1] Adopted by the Mayor and Council of the Borough of Emerson 4-16-2019 by Ord. No. 1590-19. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 89, Shade Tree Commission, adopted
5-28-1974 by Ord. No. 628, as amended, was repealed 2-7-2017 by Ord.
No. 1537-17.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 Emerson, 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 is operative and unless it gives assent thereto, shall
be exercised by and under the authority of the Borough of Emerson
Shade Tree Commission, which is hereby created. The Commission shall
consist of seven members appointed by the Mayor, who shall be residents
of the municipality and shall serve without compensation except as
hereinafter provided.
The Shade Tree Commission shall consist of seven members with
initial terms of one for one year, one for two years, one for three
years, two for four years and two for five years, respectively. The
Shade Tree Commission shall have two alternate members, they shall
be designated at the time of appointment as Alternate No. 1 and Alternate
No. 2 and shall serve during the absence or disqualification of any
regular member or members. The term of each alternate member shall
be five years commencing on January 1 of the year of appointment;
provided, however, that in the event two alternate members are appointed
the initial term of Alternate No. 2 shall be four years and the initial
term of Alternate No. 1 shall be five years. The terms of the first
alternate members appointed pursuant to this section shall commence
on the day of their appointment and shall expire on the fourth or
fifth December 31 next ensuing after the date of their appointments,
as the case may be. An alternate member may participate in discussions
of the proceedings but may not vote except in the absence or disqualification
of a regular member. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member.
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 Chair
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 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.
Any vacancy occurring by reason of the death, resignation or
removal of any Commissioner shall be filled for the unexpired term
by the Mayor.
[Amended 8-13-2019 by Ord. No. 1597-19]
The Shade Tree Commission organized under this chapter shall
have 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 § 89-1 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.
Care for and control such parks and parkways; encourage arboriculture;
make, alter, amend and repeal, in the manner prescribed for the passage,
alteration, amendment and repeal of ordinances by the governing body
of the municipality, 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 tree is believed to harbor a disease or insects readily
communicable to neighboring healthy trees in the care of the 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.
Annually appoint a tree inspector, who shall have the following powers
and responsibilities:
(1)
To respond to all requests by Borough homeowners and business owners
for the removal and/or pruning of trees on the Borough's right-of-way
(ten-foot easement), through physical inspection and any other means
necessary.
(2)
To respond to requests by other Borough officials and commissions
for the removal and/or pruning of trees on Borough property, through
physical inspection and any other means necessary.
(3)
To inspect trees on Borough property or the Borough's right-of-way
that may exhibit any of the following: physical or mechanical damage,
flood or drought damage, disease or insect infestation, root damage,
pollution or chemical damage or fire damage.
(4)
To inspect the work of contractors hired by the Borough or Commission
for the purposes of tree removal, tree pruning or stump removal.
(5)
To inspect the work of landscapers/contractors hired by the Borough
or the Commission to plant trees or shrubs on the borough's property
or right-of-way.
(6)
To respond to emergency requests for the immediate removal or pruning
of a tree that may be hazardous to people and/or property.
(7)
To make monthly reports to the Commission, in person or in writing,
regarding all work accomplished since the previous report, including
but not limited to the inspection of Borough trees that may require
removal or trimming, and the inspection of any tree maintenance work
done by the Commission's tree removal contractor or any other agency.
(8)
To mark any and all trees that have received Commission approval
to be removed.
(9)
To work in conjunction with Borough officials and the Commission's
tree and stump removal contractors, to help ensure the appropriate
removal and pruning of trees and removal of stumps.
(10)
To provide input and expertise to assist the Commission in making
decisions about tree removal, tree planting and tree management.
G.
Authorize the Commission's tree inspector, or any other Borough official
so designated by the Commission, to respond to emergency requests
for the immediate removal or pruning of a tree that may be hazardous
to people and/or property, and to authorize such removal or pruning
without prior Commission approval, if deemed necessary.
A.
Except as hereinafter provided, the initial cost of all trees planted
by the Commission, the cost of planting the same, the cost of 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 the
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 the 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.
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. 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.
B.
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.
A.
No statute which gives any person or state, county or municipal board,
body or official power or authority to lay any sidewalk along any
street 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 in this chapter contained shall be held 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 parkways within its jurisdiction
nor 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 governing body of the 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:
(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 the municipality shall annually appropriate
such sum as it may deem necessary for said purposes.
A.
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 Emerson shall have jurisdiction over actions for the violation
of such ordinances.
B.
The ordinances shall be enforced by like proceedings and process,
and the practice for the enforcement thereof shall be the same as
that provided by law for the enforcement of the ordinances of the
municipality in which the Commission exists.
C.
The officers authorized by law to serve and execute process in the
aforesaid courts shall be the officers to serve and execute any process
issued out of any court under this chapter.
D.
A copy of any ordinance of the Commission, certified to under the
hand of its Secretary or Chair, 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 shall be shown.
E.
In addition to the penalties authorized by Subsection A of this section, the Commission may require a person who removes or otherwise destroys a tree in violation of a municipal ordinance to pay a replacement assessment to the municipality.
F.
The replacement assessment for removing or destroying a tree in violation of a municipal ordinance shall be as set forth in § 266-5B of the Code.
[Amended 4-20-2021 by Ord. No. 1627-2021]
G.
Any public utility or cable television company that clears, moves, cuts or destroys any trees, shrubs or plants for the purpose of erecting, installing, moving, removing, altering or maintaining any structures or fixtures necessary for the supply of electric light, heat or power, communication, or cable television services upon any lands in which it has acquired an easement or right-of-way shall not be subject to any penalty imposed by a commission pursuant to Subsections A through F of this section. This subsection shall not exempt any public utility or cable television company from any penalty or replacement assessment imposed for negligent actions.
H.
The enforcement
officer for fines prescribed by the Commission for violation of its
ordinances or replacement assessments for removing or destroying a
tree in violation of a municipal ordinance shall be the Construction
Code Official of the Borough of Emerson.
[Added 10-20-2020 by Ord. No. 1619-20]
All moneys collected in any municipality, either as fines or
penalties, for any violation of a rule or regulation of a Shade Tree
Commission or as a charge against real estate, under any provision
of this chapter, shall be forthwith paid over to the municipal officer
empowered to be custodian of the funds of the municipality.
Nothing in the chapter contained 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.
The Shade Tree Commission is hereby authorized and empowered
to promulgate such ordinances and written rules and regulations as
may be necessary pursuant to statute and for the proper interpretation
of this basic chapter, administration and enforcement, provided that
such ordinances and regulations do not conflict with this chapter
and conform to the general standards prescribed by this chapter.
All regulations adopted by the Shade Tree Commission shall be
filed with the Municipal Clerk for inspection by the public during
regular business hours.
If any section, subsection, paragraph, sentence, clause, phrase
or word contained in this chapter shall be declared invalid for any
reason whatsoever, such decision shall not affect the remaining portions
of this chapter which shall remain in full force and effect, and,
to this end, the provisions of this amendment are hereby declared
to be severable.
