Pursuant to N.J.S.A. 40:64-1 et seq., there
is hereby created the Middle Township Shade Tree Commission.
The purpose of the Middle Township Shade Tree
Commission shall be the regulation, planting, care and control of
shade and ornamental trees and shrubbery upon and in the streets,
highways and public places of the Township of Middle, except state
highways, unless the Department of Transportation shall assent thereto,
and except county highways and parks, unless the county and/or the
County Parks Commission, as the case may be, gives assent thereto.
[Amended 1-4-1984 by Ord. No. 470-83]
The Middle Township Shade Tree Commission shall
consist of seven members appointed by the Mayor. Each member shall
be a resident of the Township of Middle and shall serve without compensation.
[Amended 1-4-1984 by Ord. No. 470-83]
A. The first Commissioners shall be appointed to terms
in office as follows:
B. Thereafter, each subsequent appointment, except for
an appointment to fill an unexpired term, shall be for a term of five
years commencing January 1 of the year of appointment.
The Commission shall annually elect one of its
members as Chairman and shall appoint a Secretary, who need not but
may be a member. The salary of the Secretary, if any, shall be fixed
by the Township Committee.
Any vacancy occurring by reason of the death,
resignation or removal of any Commissioner shall be filled for the
unexpired term by the Mayor.
The Middle Township Shade Tree Commission shall
have the following powers:
A. To 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, except such as are excluded pursuant to §
66-2 of this chapter, including the planting, trimming, spraying, care and protection thereof.
B. To regulate and control the use of the ground surrounding
any such shade and ornamental tree and/or shrubbery, as aforesaid,
so far as may be necessary for their proper growth, care and protection.
C. To move or require the removal of any tree or part
thereof dangerous to public safety.
D. To make, alter, amend and repeal, in the manner prescribed
for the passage, alteration, amendment and repeal of ordinances by
the governing body of the Township of Middle, any and all ordinances
necessary or proper to the carrying out of the provisions of this
chapter.
E. To 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 Middle and to enter upon private property
for that purpose, with the consent of the owner thereof, provided
that the suspected condition is first confirmed by certificate issued
by or on behalf of the New Jersey Department of Agriculture.
F. To encourage arboriculture.
No statute giving any person or state, county
or municipal board, body or official power or authority to lay sidewalk
along any street 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 of Middle Township. In all such cases,
the Shade Tree Commission shall reasonably cooperate with such person,
board, body or official for the general public good. Nothing contained
in this chapter shall be deemed to diminish or remove any of the powers
or authority of the Cape May County Parks Commission over the trees
or shrubbery in the Cape May County Parks.
The Commission may prescribe a fine for violation
of its ordinances in an amount not exceeding $200 for each violation,
and the Municipal Court of the Township of Middle shall have jurisdiction
over actions for the violation of such ordinances, and said ordinances
shall be enforced by like proceedings and process as that provided
by law for the enforcement of ordinances for the Township of Middle.
The officers authorized by law to serve and execute process for the
Municipal Court of the Township of Middle shall be the officers to
serve and execute any process issued out of the Municipal Court for
violations of the ordinances of the Commission. A copy of any ordinance
of the Middle Township Shade Tree 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 is shown.
All moneys collected, either as fines or penalties,
for any violation of a rule or regulation of the Middle Township Shade
Tree Commission or as a charge against real estate, under any provision
of this chapter, shall be forthwith paid over to the custodian of
the municipal funds.
All regulations adopted by the Middle Township
Shade Tree Commission shall be filed with the Municipal Clerk for
inspection by the public during regular business hours.
[Added 5-20-2024 by Ord. No. 1698-24]
A. Establishment and purpose. This section hereby creates the Middle
Township Garden Club which is dedicated to supporting recreational
community gardening. The MTGC fosters community pride and promotes
community partnership towards the beautification of municipally and
privately owned properties within the municipal borders.
B. Establishment of membership. This Club shall consist of unlimited
members of the Township of Middle who desire to get involved in the
various established events of the Garden Club.
C. Officers; terms and organization.
(1) The Middle Township Garden Club shall meet immediately after January
1 of each year for the purpose of reorganization. The agenda at this
meeting should include the establishment of dates and places of meetings
and such other business as may properly come before the Club at the
annual reorganization meeting. The Club shall meet as often as determined
by the Club, as the need for said meetings is presented.
(2) The governing body shall name and select a Chairperson and a Vice
Chairperson of the MTGC Committee for a term of service of one year.
In the absence of the Chairperson, the powers and duties of the Chairperson
shall be performed and exercised by the Vice Chairperson.
(3) Three additional MTGC Committee members shall be appointed for a
term of one year.
(4) The MTGC Committee members may serve for successive years if reappointed
by the Township Committee. In the event of a vacancy occurring on
the MTGC Committee other than by expiration of a term, such vacancy
shall be filled by the Township Committee for the unexpired term.
(5) On behalf of the Club, the Township shall appoint a staff member
as secretary to the Club and provide legal counsel from the municipal
solicitor if needed.
D. Compensation. The members of the Committee shall serve without compensation.
E. Powers and duties. With the advice and consent of the Township Committee,
the Middle Township Garden Club may be granted the following powers
and duties in discharging its intent and purpose:
(1) The Middle Township Garden Club may be empowered to advertise, prepare,
print and distribute pamphlets, brochures, maps, books or other reading
material which are necessary for the promotion of any programs, projects
or activities under its authority.
(2) The Middle Township Garden Club shall have the power to appoint subcommittees
of the general citizenry in specific areas and for specific beautification
projects.
(3) The Middle Township Garden Club shall keep records of its meetings
and activities and shall file an annual report of its activities and
budgetary expenditures with the Township Committee on or before December
31 of every calendar year.
(4) In cooperation with the Township Administration, the Middle Township
Garden Club may apply for any state, federal and private grants for
the purpose of beautification projects within the Township.
F. Funding, depositing, and expenditure of funds.
(1) The Township Committee may appropriate such sum in each year's
current fund budget as may be determined by the governing body to
be necessary for the purpose of the Middle Township Garden Club.
(2) Should the MTGC receive any gifts, donations or bequests, such funds
shall be deposited in a trust fund account established by the Township's
Finance Department and shall not be utilized for any horticulture
or landscaping projects without the prior approval of the Township
Committee. Dedicated funds shall be spent for the purpose for which
the funds were received, in accordance with the Local Budget Law,
N.J.S.A. 40A:4-1 et seq. The MTGC shall require any individual or
entity donating services and/or capital improvements to the Township
to supply to the Township an indemnification and hold harmless agreement
prior to the commencement of any such donative efforts as may be required
by the municipal joint insurance fund.