[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 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.
[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.
