(Reserved)
The duties of the Board of Health will be performed by the Monmouth
County Regional Health Commission.
[Ord. 9/17/28 § 1]
A Shade Tree Commission is established for the purpose of regulating,
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 Department of Transportation
assents thereto, and except County Highways, Parks and Parkways if
a County Shade Tree Commission is operative and gives assent thereto.
The members of the Commission shall be residents of the Borough and
serve without compensation except as hereinafter provided.
[New]
The Shade Tree Commission shall consist of five (5) members
appointed by the Mayor for a term of five (5) years. All appointments,
except those to fill vacancies, shall be effective January 1 next
succeeding the 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 or other chief executive of the
Borough.
[New]
The Commission shall organize annually by the election of one
(1) of its members as Chairman, and the appointment of a Secretary,
who need not be a member.
[New]
The Shade Tree Commission shall have the power to:
a. Promulgate such ordinances and written rules and regulations as may
be necessary, pursuant to statute, and for the proper interpretation
of this section, ad-ministration and enforcement, provided that the
ordinances and regulations do not conflict with this section and conform
to the general standards.
b. 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 subsection
2-38.1, including the planting, trimming, spraying, care and protection thereof.
c. Regulate and control the use of the ground surrounding the same,
so far as may be necessary for their proper growth, care and protection.
d. Move or require the removal of any tree, or part thereof, dangerous
to public safety.
e. 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 Board of Commissioners,
any and all ordinances necessary or proper for carrying out the provisions
hereof.
f. 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 the suspected condition is first confirmed
by certificate issued by or on behalf of the New Jersey Department
of Agriculture.
[New]
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 their protection, and the
cost of the removal of any tree or part thereof dangerous to public
safety shall, if the Commission so determines, in accordance with
rules and regulations for that purpose, be a charge upon the real
estate in front of which the tree shall be planted or removed as an
improvement. The cost, if it is so determined that it is to be paid
by the owner shall, unless paid directly to the Commission, be certified
to the Tax Collector and shall thereupon be a lien upon the real estate,
and shall be included in the next tax bill rendered to the owner and
collected in the same manner as other taxes against the property.
The provisions of this section shall not apply to a planting
to replace a tree planted by the Commission or a planting in connection
with Arbor Day exercises or other educational demonstration.
[New]
In every case where the owner will be charged with the cost
of planting any shade tree, the Commission shall give notice of the
meeting at which it is proposed to consider the planting by publishing
the notice at least once, not less than twenty (20) days before the
meeting, in a newspaper circulating in the Borough, or by personal
service of a copy of the notice upon the abutting owner at least ten
(10) days before the meeting. The notice shall specify the street
or portions thereof, on which the planting is proposed and require
all persons who may object to present their objections in writing
at the office of the Commission at or before the meeting. Before final
action is 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.
[New]
No statute giving any person, State, County or municipal board,
body or official, power or authority to lay 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 the tree is located. In all cases, the Commission
shall reasonably cooperate with the person, board, body or official
for the general public good.
Nothing in this section 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 parkway within its jurisdiction,
or to give any other commission or board any power or authority with
respect to such trees or shrubbery.
[New]
During the month of December in each year, the Shade Tree Commission
shall certify to the Board of Commissioners 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:
a. Payment of wages and salaries of employees.
b. Expenses of Commission members in discharging official duties, including
expenses incident to attendance at professional meetings.
c. Purchase of trees and shrubbery.
d. Purchase of necessary equipment and materials and the cost of services
for the prudent promotion of the work.
The Board of Commissioners shall annually appropriate such sum
as it may deem necessary for the purposes.
[Ord. No. 94-13]
The Borough of Allenhurst bounds the Deal Lake. All of the municipalities
bounding the Deal Lake have joined to form the Deal Lake Commission.
Prior hereto, the Borough of Allenhurst adopted an Ordinance authorizing
entry into contractual relationships with members of the Deal Lake
Commission for a period of ten (10) years.
It is in the best interest of the Borough to be a member of
the Deal Lake Commission and continue to participate in the program
to rehabilitate the Deal Lake.
[Ord. 11/8/83 § 1; Ord. No. 94-13]
a. The Borough of Allenhurst shall continue to be a member of the Deal
Lake Commission for a period of ten (10) years.
b. The Mayor and Borough Clerk are hereby authorized to execute a contract
with the Deal Lake Commission.
c. A copy of such contract shall be on file and available for public
inspection in the office of the Allenhurst Borough Clerk during regular
business hours.
d. Allenhurst commits itself to the programs described in such contract
and commits itself to making expenditures based upon its proportional
obligation as set forth in the contract.