[Adopted 9-27-1973 by Ord. No. 346 as §§ 3-121 to 3-124 of the 1973 Code]
[Amended 3-11-1975 by Ord. No. 367]
A. 
There is hereby created a commission to be called the "Shade Tree Commission of the Borough of Shrewsbury," which shall consist of such members as provided in Subsection B below.
[Amended 5-15-2006 by Ord. No. 871]
B. 
From and after January 1, 2004, the Shade Tree Commission shall consist of seven residents of the Borough of Shrewsbury who shall be appointed by the Mayor. The present five members now in office, or their successors in the event of a vacancy, shall serve out their present terms, which expire on December 31, 2004, December 31, 2005, December 31, 2006, December 31, 2007, and December 31, 2008. Upon the expiration of said terms residents appointed to fill these respective positions shall be appointed by the Mayor for full five-year terms, to take effect January 1. One of the additional two members shall be appointed by the Mayor for a term ending December 31, 2007, and the other additional member shall be appointed by the Mayor for a term ending December 31, 2008. Thereafter, appointments to these two additional positions shall be made by the Mayor for full five-year terms, to take effect on January 1. It is the intention that as each term expires future appointments shall be for five-year terms, each to take effect January 1, and to expire in a different year except for the two new terms. Any vacancy caused by death, resignation, removal or otherwise shall be filled by the Mayor for the unexpired term.
[Added 11-14-1977 by Ord. No. 406; amended 2-17-2004 by Ord. No. 824]
[Added 2-7-2011 by Ord. No. 954[1]]
A. 
The governing body may, by ordinance, provide for the appointment of not more than two alternate members. Alternate members shall be appointed by the Mayor. Alternate members shall be designated at the time of appointment by the authority appointing them as "Alternate No. 1" and "Alternate No. 2."
B. 
The terms of the alternate members shall be for two years, except that the terms of the alternate members first appointed shall be two years for Alternate No. 1 and one year for Alternate No. 2 so that the term of not more than one alternate member shall expire on any one year. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.
C. 
An alternate member shall not be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing, if he requests one, be removed by the governing body for cause.
D. 
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. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote first.
[1]
Editor's Note: This ordinance also redesignated former §§ 9-10, 9-11 and 9-12 as §§ 9-11, 9-12 and 9-12.1, respectively.
It shall be the duty of the Commission to:
A. 
Advise and consult with the Mayor and Council on all matters relating to the planting, control, care, protection, improvement and removal of shade and ornamental trees or shrubbery now or hereafter situated on and along any public street, highway, park, parkway or public place of the Borough.
B. 
Propose amendments and repeal of ordinances in the manner prescribed by the governing body of the Borough of Shrewsbury; and any and all ordinances necessary or proper for carrying out the provisions in Part II, General Legislation, Chapter 246, Trees, Shrubbery and Landscaping, of this Code.
[Added 5-15-2006 by Ord. No. 871]
C. 
Make and enforce any and all reasonable rules, regulations and orders pertaining to or covering any matter authorized by this article and Chapter 246, Trees, Shrubbery and Landscaping, and by N.J.S.A. 40:64-1 to 40:64-14, inclusive, as at any time amended or supplemented, or as otherwise permitted by law.
[Added 5-15-2006 by Ord. No. 871]
[Amended 5-15-2006 by Ord. No. 871]
In addition to the powers specifically enumerated in Part II, General Legislation, Chapter 246, and in Chapter 94, Zoning and Land Development, of the Code of the Borough of Shrewsbury, the Shade Tree Commission shall have such powers as are authorized by N.J.S.A. 40:64-1 to 40:64-14, inclusive, and as amended and supplemented.