[HISTORY: Adopted by the Township Council
of the Township of Saddle Brook 2-12-2004 by Ord. No. 1308.[1] Amendments noted where applicable.]
[1]
Editor's Note: See N.J.S.A. 40:64-1 et seq.
A.
The regulation, planting, care and control of shade
and ornamental trees and shrubbery upon and in the streets, highways,
public places and parks and parkways of the Township of Saddle Brook,
except state highways, unless the Department of Transportation shall
assent thereto, and except county highways, parks and parkways, if
a county shade tree commission is operative and gives assent to, shall
be exercised by and under the authority of the Township of Saddle
Brook, Shade Tree Commission, which is hereby created.
B.
The Commission shall consist of not less than five
nor more than seven members and may include not more than two alternate
members. The members and alternate members shall be appointed by the
Mayor (or other chief executive), who shall be residents of this municipality
at the time of their appointment and shall serve without compensation
except as hereinafter provided.
C.
The Commission's authority does not extend to residential
properties but does apply to new and existing commercial properties.
A.
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 date of their appointment and be
for the respective periods; five members, of one, two, three, four
and five years; six members, of one, two, three, four, and five (two
appointees) years seven members, of one, two, three, four (two appointees),
and five (two appointees) years; seven members, of one, two, three,
four (two appointees), and five (two appointees) 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 event that the membership of any Commission is increased, the new
members shall be appointed in such manner that the terms shall expire
in accordance with the foregoing.
B.
If the ordinance provides for the appointment of two
alternate members, the terms 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. 1" shall be five years, and the initial
term of "Alternate No. 2" shall be four years.
C.
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 or
appointment by the Mayor of one of its members as Chairman. The Secretary
will be elected or appointed by the Commission and may be compensated
even if a member of the Commission. The salary of the Secretary, who
may be compensated even if a member of the Commission, and the salary
of all other employees shall be set by the municipality. 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 or other chief executive of this municipality.
A.
The Shade Tree Commission organized under this chapter
shall have power to:
(1)
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 and park or parkway, except such as are excluded pursuant to § 43-1 of this chapter, including the planting, trimming, spraying, care and protection thereof;
(2)
Except as excluded in § 43-1 of this chapter, regulate and control the use of the ground surrounding the same, so far as may be necessary for their proper growth, care and protection;
(3)
Except as excluded in § 43-1 of this chapter, move or require the removal of any tree, or part thereof, dangerous to public safety;
(4)
Make, alter, recommend, 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;
(5)
Encourage arboriculture.
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.
Nothing contained in this chapter shall be held to take away or diminish
any of the powers or authority of the Saddle Brook Shade Tree 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.
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; and
(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 a minimum of $2 per capita necessary for said purposes
in the budget.
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 Saddle Brook shall have jurisdiction over
actions for the violation of such ordinances, and its ordinance shall
be enforced by like proceedings and process as that 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.
(1)
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 be shown.
B.
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 municipal ordinance to pay a replacement assessment to the municipality. The replacement assessment shall be the value of the tree as determined by the appraisal of a trained forester or certified tree expert retained by the Commission for that purpose plus the cost of labor and materials. In lieu of an appraisal, the Commission may adopt a formula and schedule based upon the number of square inches contained in a cross section of the trunk of the tree multiplied by a predetermined value per square inch, not to exceed $27 per square inch. The square-inch cross section shall be calculated from the diameter at breast height and, if there is a multiple stem tree, then each trunk shall be measured and an average shall be determined for the tree. For the purposes of this section, "diameter at breast height" shall mean the diameter of the tree taken at a point 4.5 feet above ground level. The Commission shall modify the value of the tree upon its species variety, location and its condition at the time of removal or destruction.
C.
Any public utility or cable television company that clears, moves, cuts, or destroys any tress, 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 Subsection A or B 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.
All monies 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 ordinance shall be forthwith paid over to the custodian
of the municipal funds for deposit into the dedicated account of the
Saddle Brook Shade Tree Commission.
All regulations adopted by the Shade Tree Commission
shall be filed with the municipal clerk for inspection by the public
during regular business hours.
