[Amended 8-13-1990 by Ord. No. 13-90]
Pursuant to the provisions of N.J.S.A. 40:64-1 et seq., a Municipal Shade Tree Commission is hereby created.
[HISTORY: Adopted by the Mayor and Council of the Borough of Chatham 4-13-1959 by Ord. No. 1-42 (Ch. 63 of the 1975 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Trees — See Ch. 314.
[Amended 3-22-2004 by Ord. No. 04-08; 4-25-2005 by Ord. No. 05-09]
The Shade Tree Commission of the Borough of Chatham as established by ordinance and appointed by the Mayor, is hereby continued consistent with N.J.S.A. 40:64-1 et seq. and shall be composed of seven members and may not include more than two additional alternate members. Members shall be residents of the Borough of Chatham and shall serve without compensation. Any vacancy occurring by reason of the death, resignation or removal of any member shall be filled for the unexpired term by a person appointed by the Mayor with advice and consent of the Council.
[Amended 3-22-2004 by Ord. No. 04-08; 6-12-2017 by Ord. No. 17-06]
The terms of all existing Shade Tree Commission members shall continue in accordance with their original appointment. The members and alternate members shall be appointed by the Mayor to serve a five-year term. In the event that the Mayor fails to make a nomination at least 15 days prior to the date of the second regular public meeting of the Council after a position becomes vacant, then the appointment shall be made by the Borough Council by the vote of a majority of the members present at the meeting, provided that at least three affirmative votes shall be required, with the Mayor to have no vote thereon except in case of a tie. The terms of office of the members shall be so arranged that the terms of no more than two members shall expire in any one year. Alternate members shall be designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2". The terms of the alternate members shall be for five years, except that the initial terms of the alternate members first appointed shall be five years for Alternate No. 1 and four years for Alternate No. 2 so that the term of not more than one alternate member shall expire in any one year. The alternate members 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. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
The Commission shall organize, within 30 days after the appointment of its total membership and annually thereafter, by the election of one of its members as Chairman and the appointment of a Secretary, who need not but may be a member of the Commission. The salary, if any, of the Secretary shall be fixed by the governing body of the municipality, and the salaries of all other employees shall be fixed by the Commission and shall as nearly as possible conform to salary schedules for corresponding positions within the municipality.
The Shade Tree Commission appointed and organized pursuant to this chapter shall have the following powers within the Borough of Chatham:
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, except such as are excluded pursuant to N.J.S.A. 40:64-1, 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.
Encourage arboriculture; make, alter, amend and repeal, in the manner prescribed for the passage, alteration, amendment and repeal of ordinances by the governing body of the municipality, 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 municipality, 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.
F.
Such other powers as may from time to time be granted by N.J.S.A. 40:64-1 et seq.
A.
During the month of November in each year, the Shade Tree Commission shall certify to the governing body of the 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:
(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.
(4)
Purchase of necessary equipment and materials and the cost of services for the prudent promotion of the work.
B.
The governing body of the municipality shall annually appropriate such sum as it may deem necessary for said purposes.
A.
The Commission may prescribe a fine for the violation of each of its ordinances in an amount not exceeding $1,500 for each violation, and the courts which now or hereafter shall have jurisdiction over actions for the violation of ordinances of the municipality in which the Commission has been or shall be appointed shall have jurisdiction in actions for the violation of such ordinances as the Commission shall enact.
B.
The officers authorized by law to serve and execute process in the aforementioned courts shall be the officers to serve and execute any process issued out of any court under this chapter.
C.
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.
All moneys collected in the municipality, either as fines or penalties, for any violation of a rule or regulation of the Shade Tree Commission, or as a charge against real estate, under any provision of this chapter, shall be paid over to the Chief Financial Officer.
Nothing in this chapter shall be construed to make the Shade Tree Commission or any member thereof responsible for the death or injury of any person or for an injury to any property or highway tree or shrub.