A Shade Tree Commission is hereby established according to N.J.S.A.
40:64-1 et seq., vesting in the Shade Tree Commission all of the necessary
power and privileges pertaining to the regulation, planting, care
and control of shade and ornamental trees and shrubbery upon and on
the streets, highways, public places, parks and parkways of the City.
The Commission shall be legally known as the "Shade Tree Commission
of the City of Cape May, New Jersey."
A.
The Commission shall consist of seven members, and two alternate
members, appointed by the City Council, all of whom shall be residents
of the City and will serve without compensation except as hereinafter
provided.
B.
The alternate members 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, 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.
[Added by Ord. No. 368-2019]
The City of Cape May Municipal Council shall designate a member
to act as a liaison between the Shade Tree Commission and the Council.
The Council Liaison shall perform the following functions:
A.
The Council Liaison shall serve as the Council's contact with the
Shade Tree Commission.
B.
The Council Liaison shall facilitate the exchange of information
between the Shade Tree Commission and the City Council.
C.
The Council Liaison shall foster a productive relationship among
the Shade Tree Commission, the City Council, and the community.
D.
The Council Liaison shall not function as a member of the Shade Tree
Commission.
Except to fill vacancies, the term of office is five years.
The Shade Tree Commission shall select from its membership a
Chairman, and the appointment of a Secretary who need not be a member.
The Secretary may be salaried even if a member of the Shade Tree Commission;
such salary shall be fixed by City Council. All other salaried employees
of the Shade Tree Commission will have their salaries fixed by the
Commission in accordance with the salary of the City and corresponding
positions.
Any vacancy occurring by reason of death, resignation or removal
shall be filled for the unexpired term by the City Council.
The powers of the Shade Tree Commission are those powers specifically
authorized by N.J.S.A. 40:64-5. The Shade Tree Commission shall:
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.
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 City Council,
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 readily
communicable to neighboring healthy trees in the care of the City
and enter upon private property for that purpose, with the consent
of the owner thereof, provided the suspected condition is first confirmed
by certificate issued by or on behalf of the Department of Agriculture.
In every case where the property of an abutting owner will be
chargeable with the cost of the planting of any shade tree, the Shade
Tree 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 20 days before the meeting, in a newspaper circulating
in the City 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 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 Shade Tree Commission
at or before the meeting. Before final action shall be taken, all
objections so filed shall be considered. The Shade Tree 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.
No statute giving any person or state, county or municipal board,
body or official, power or authority to lay any sidewalks 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 Shade Tree Commission shall reasonably cooperate
with such person, board, body or official for the general public good.
A.
As part of the annual budget process, the Shade Tree Commission shall
certify to the City 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 for
which it is anticipated expenditure will be made, namely:[1]
(1)
Payment of wages and salaries of employees.
(2)
Expenses of Shade Tree 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 City Council shall annually appropriate such sum as it may deem
necessary for such purposes.
