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
Cranbury, 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 Cranbury Township
Shade Tree Commission, which is hereby created. The Commission shall
consist of five members. The members shall be appointed by the Mayor
of the Township of Cranbury, who shall be residents of the Township
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 date of their appointment and shall
be for the respective period of one, two, three, four and five years.
The term of each appointee shall be designated in his or her 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.
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 a member of the Commission, shall be fixed by
the governing body of the Cranbury Township Committee, the salary
of all other employees shall be fixed by the Commission in accordance
with budgetary appropriations in the annual budget of the Township
of Cranbury. All salaries shall be fixed as nearly as practicable
in accordance with the salary schedule, if any, of the Township of
Cranbury for corresponding positions.
Any vacancy occurring by reason of death, resignation
or removal of any Commissioner shall be filled for the unexpired term
by the Mayor of the Township of Cranbury.
The Shade Tree Commission organized under this
chapter shall have power to:
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 and park or parkway, except such as are excluded pursuant to §
41-1 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 Township Committee of the Township of Cranbury, and 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
Township of Cranbury 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 New
Jersey Department of Agriculture.
[Amended 5-13-2024 by Ord. No. 04-24-12]
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. 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 Middlesex County
Park Commission over the trees or shrubbery in any Middlesex 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.
The Shade Tree Commission is hereby authorized
and empowered to promulgate such ordinances as may be necessary, pursuant
to statute, and for the proper interpretation, administration and
enforcement of this basic chapter, provided that such ordinances do
not conflict with this chapter and 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.
If any section, subsection, paragraph, sentence,
clause, phrase or word contained in this chapter shall be declared
invalid for any reason whatsoever, such decision shall not affect
the remaining portions of this chapter which shall remain in full
force and effect, and to this end the provisions of this chapter are
hereby declared to be severable.