[HISTORY: Adopted by the Township Committee of the Township of Cranbury 2-22-1999 by Ord. No. O-01-99-02. Amendments noted where applicable.]
GENERAL REFERENCES
Environmental Commission — See Ch. 16.
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.
F. 
Encourage arboriculture.
[Amended 5-13-2024 by Ord. No. 04-24-12[1]]
Refer to Chapter 131.
[1]
Editor's Note: This ordinance also repealed former § 41-6, Cost of trees and improvements; charge and lien on property; exception, § 41-10, Penalty; jurisdiction of courts; copy of ordinance as evidence, and § 41-11, Disposition of penalties, and redesignated former §§ 41-7, 41-8, 41-9, 41-12, 41-13, and 41-14 as §§ 41-6, 41-7, 41-8, 41-9, 41-10, and 41-11, respectively.
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.
A. 
During the month of December in each year, the Shade Tree Commission shall certify to the Township Committee 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 for 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 Township Committee shall annually appropriate such sum as it may deem necessary for said purposes.
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.