[HISTORY: Adopted by the Council of the Borough of Lawnside 6-7-1978 by Ord. No. 11-1978. Amendments noted where applicable.]
The regulation, planting, care and control of shade and ornamental
trees and shrubberies upon and in the streets, highways, public places
and parks and parkways of the Borough of Lawnside, except state highways
unless the State Highway Department shall assent thereto, and except
county highways, parks and parkways unless a County Shade Tree Commission
is operative and gives assent thereto, shall be exercised by and under
the authority of the Borough of Lawnside Shade Tree Commission, which
is hereby created. The Commission shall consist of three members appointed
by the Mayor, who shall be residents of this municipality and shall
serve without compensation, except as hereinafter provided.
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 shall be for the respective
periods for the three members of three, four and 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.
In the event that the membership of the Commission is increased, the
new members shall be appointed in such manner that the terms shall
expire in accordance with the foregoing.
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 such Secretary
is a member of the Commission, shall be fixed by the governing body
of the municipality, and 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.
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 shrubberies now located or which may hereafter be planted in any public highway and park or parkway, except such as are excluded pursuant to § 33-1 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 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, which are
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 a certificate issued by or on behalf of the
New Jersey Department of Agriculture.
F.
Encourage arboriculture.
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 said Commission
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.
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 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.
A.
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 trees 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 shrubberies in any Camden County Park or Parkway
within its jurisdiction, nor shall it be held to give any other commission
or board any power or authority with respect to such trees or shrubberies.
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 that expenditure
will be made for:
(1)
The payment of wages and salaries of employees.
(2)
The expenses of Commission members in discharging official duties,
including expenses incident to attendance at professional meetings.
(3)
The purchase of trees and shrubbery.
(4)
The 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.
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 Lawnside shall have jurisdiction over actions for the violation
of such ordinances, and its ordinances shall be enforced by like proceedings
and process as provided by law for the enforcement of ordinances of
this municipality. 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.
B.
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.
All moneys collected, either as fines or penalties, for any
violation of a rule or regulation of the 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.
The Shade Tree Commission is hereby authorized and empowered
to promulgate such ordinances as may be necessary, pursuant to statute,
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.
All regulations adopted by the Shade Tree Commission shall be
filed with the Municipal Clerk for inspection by the public during
regular business hours.
