[HISTORY: Adopted by the Township Committee of the Township
of Barnegat 6-17-71. Amendments noted where applicable.]
[Amended 12-18-06 by Ord. No. 2006-25; 2-4-08 by Ord. No. 2008-05]
There is hereby created a Shade Tree Commission which will be
known as the "Shade Tree Commission of Barnegat Township." Said Commission
shall consist of five (5) members and one (1) alternate member, appointed
by the Mayor of the township, who shall be residents of the municipality
or employees of the municipality and shall serve without compensation
except as hereinafter provided.
The regulation, planting, care and control of shade and ornamental
trees and shrubbery upon and in the streets, highways, public places,
parks and parkways (if any) of this municipality (except state highways
unless the State Highway Department shall assent thereto and except
county highways, parks and parkways unless the County Shade Tree Commission
shall assent thereto) shall be exercised by and under the authority
of the said Commission.
The first Commissioners shall be appointed within sixty (60)
days after this ordinance providing for the Commission shall become
effective, and their terms of office shall commence upon the date
of their appointment and be for a respective period of three (3),
four (4) and five (5) years, if the Commission consists of three (3)
members, or the respective period of two (2), three (3), four (4)
and five (5) years if the Commission consists of four (4) members
and of one (1), two (2), three (3), four (4) and five (5) years if
the Commission consists of five (5) members, beginning on January
1 next succeeding such appointment. In the event that the membership
of any Commission is increased, the new members shall be appointed
in such a manner that the terms shall expire in accordance with the
foregoing. The term of each appointee shall be designated in his appointment.
All subsequent appointments, except to fill vacancies, shall be for
the full term of five (5) years, to take effect on January 1.
The Commission shall organize within thirty (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 (1)
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.
A 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, park or parkway,
except such as are excluded pursuant to N.J.S.A. 40:64.1, in the municipality for which it was created, 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 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 situate 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 a certificate issued by or on behalf of the Department of Agriculture.
Editor's Note: Former Section 23-6, Inspection and Maintenance,
previously codified herein and containing portions of Ordinance No.
1974-6, was repealed in its entirety by Ordinance No. 2006-25.
A.
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 within whose jurisdiction such tree shall be located.
In all cases such Commission shall reasonably cooperate with such
person, board, body or official for the general public good.
B.
Nothing in this chapter contained 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.
[Amended 12-18-08 by Ord. No. 2006-25]
A.
At a time specified by the Administration of Barnegat Township 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 two hundred dollars ($200.)
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 ordinances shall be enforced by like proceedings and process
and the practice for the enforcement thereof shall be the same as
that provided by law for the enforcement of the ordinances of the
municipality in which the Commission exists.
C.
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.
D.
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 Township of Barnegat, 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 forthwith paid over to the municipal
officer empowered to be custodian of the funds of the municipality.
Nothing in this chapter contained shall be construed to make
any 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.
[Added 2-4-74 by Ord. No. 1974.6][1]
A.
Shade trees shall be planted in accordance with Section 55-191 and any other applicable standards and specifications of the township.
B.
Shade trees.
(1)
Shade trees should meet the following specifications:
(a)
Trees shall be of nursery stock quality of approved species
grown under the same climatic conditions as at the location of the
development. They shall be of symmetrical growth, free of insects,
pests and disease, suitable for street use and durable under the maintenance
contemplated.
(b)
The average trunk diameter measure at a height of three (3)
feet above the finished grade level shall be a minimum of one and
one-half (1 1/2) inches, depending on good practice with reference
to the particular species to be planted.
(d)
All planting shall be done in conformance with good nursery
and landscape practice.
(e)
The species and location of trees shall be such that they will
not interfere with utility facilities.
(f)
The development shall be responsible for watering and maintaining
the trees for two (2) years.
(g)
Trees to be planted by developers shall be selected from a list
maintained by the Barnegat Shade Tree Commission or in accordance
with the Pinelands Commission tree list in areas governed by the Pinelands
Commission regulations.
[Added 12-8-06 by Ord. No. 2006-25]
(2)
Each developer shall present with his map, when approval of a map
is requested, a written and signed statement of the number and kinds
of trees to be planted, which statement shall be dated, addressed
to the Township of Barnegat with a copy to Barnegat Township Shade
Tree Commission and signed by the developer or developer's duly
authorized agent. All township officials shall require that all guaranties
given the municipality by developers include an item for the fair
cost of such trees and their planting in each particular development.
(3)
The applicant shall provide the Barnegat Township Shade Tree Commission
with a map showing the proposed location of all shade trees within
the proposed subdivision.
(4)
The developer shall meet with the Barnegat Township Shade Tree Commission
prior to starting construction and jointly they shall inspect the
development site with the intent of saving as many of the native trees
as possible during the construction phase. The Barnegat Township Shade
Tree Commission shall notify the Barnegat Township Planning Board
of the results of any such meetings.
[1]
Reserved.
