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 Borough of Branchville, 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 Branchville Shade
Tree Commission, which is hereby created. The members shall be appointed by
the Mayor, who shall be residents of this municipality 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 be for the respective periods of one, two,
three, four and five years. The terms of each appointee shall be designated
in his 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 municipality; 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 municipality for corresponding
positions.
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 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 §
32-1 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. 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 this municipality
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.
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
an opportunity of the Shade Tree Commission having an opportunity to review
the proposed plans and submit recommendations relating to possible interference
or injury to any shade trees. The Shade Tree Commission shall be given two
weeks from the date of the submission of the plans to submit its recommendations.
Nothing contained in this chapter shall be held to take away or diminish any
of the tree power or authority of the Sussex County Shade Commission over
the trees or shrubbery in or along any Sussex County Road.