[Amended 4-14-2004 by Ord. No. 5-04]
The regulation, planting, care and control of
shade and ornamental trees and shrubbery upon and in the streets,
highways, public places, parks and parkways of the Borough, except
state highways, unless the State Highway Department assents thereto,
and except county highways, parks and parkways, unless a County Shade
Tree Commission is operative and gives assent thereto, shall be exercised
by and under the authority of the Shade Tree Commission of the Borough
which is hereby created. The Commission shall consist of five members
appointed by the Mayor for terms of five years commencing January
1, one term to expire each year. In addition, two alternate members
designated as Alternate No. 1 and Alternate No. 2 shall be appointed,
who 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, that 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 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. 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. Members shall be residents of the
Borough and shall serve without compensation except as hereinafter
provided.
The Commission shall organize 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 Council; the salary of all other employees shall be fixed
by the Commission. All salaries shall be fixed as nearly as practicable
in accordance with the salary schedule, if any, of the Borough for
corresponding positions.[1]
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 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, except such as are excluded pursuant to § 3-80, 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.
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 Borough 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
Borough, and 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.
A.
Except as hereinafter provided, the initial cost of
all trees planted by the Commission, the cost of planting, the cost
of the posts and boxes or guards used for the protection thereof and
the cost of the removal of any tree or part thereof dangerous to public
safety shall, if the Commission so determines, in accordance with
uniform rules and regulations promulgated for this purpose, be a charge
upon the real estate in front of which such trees are planted or removed
as an improvement thereof. If it is so determined that such cost is
to be paid by the owner, the cost shall, unless paid directly to the
Commission, be certified by it to the Collector of Taxes, shall thereupon
become and be a lien upon the real estate, shall be included in the
next tax bill rendered to the owner thereof and be collected in the
same manner as other taxes against that property.
In any case where the property of an abutting
owner is chargeable with the cost of the planting of any shade tree,
the 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 Borough, 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 street or portion 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 Commission at or before the meeting.
Before final action is taken, all objections so filed shall be considered.
The 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.
A.
No statute giving any person or state, county or municipal
board, body or official the 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 within whose jurisdiction such tree is located.
In all cases such Commission shall reasonably cooperate with such
person, board, body or official for the general public good.
B.
Nothing contained in this section shall be held to
take away or diminish any of the powers or authority of any County
Park Commission over the trees or shrubbery in any 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 Borough Council 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 Borough Council shall annually appropriate such
sum as it deems necessary for the above purposes.
A.
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 Borough shall have jurisdiction in
actions for the violation of such ordinances, which shall be enforced
by like proceedings and process as that provided by law for the enforcement
of ordinances of the municipality. The officers authorized by law
to serve and execute process in the Municipal Court shall be authorized
to serve and execute any process issued out of the Municipal Court
for violations of the ordinances of the Commission.
B.
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 the 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 Shade Tree Commission
or as a charge against real estate under any provision of this article
shall be forthwith paid over to the Borough Treasurer.
Nothing contained in this article shall be construed
to make the Commission or any member thereof responsible for the death
or injury of any person or for any injury to any property or highway
tree or shrub.
The Shade Tree Commission is authorized and
empowered to promulgate such ordinances and written rules and regulations
as may be necessary pursuant to statute and for the proper interpretation,
administration and enforcement of this article, provided that such
ordinances and regulations do not conflict with this article and conform
to the general standards prescribed by this article.
