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Borough of Oceanport, NJ
Monmouth County
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New Laws (5) Index
[Adopted 10-4-1973 by Ord. No. 338 (Ch. 20, §§ 20-1 to 20-10 and 20-13 to 20-15, of the 1970 Code)]
This article shall be known and may be cited as the "Shade Tree Ordinance of the Borough of Oceanport, New Jersey."
There is hereby established and created a shade tree committee to be known as the "Shade Tree Committee of the Borough of Oceanport."
The Shade Tree Committee of the Borough of Oceanport shall be composed of seven members, to be selected and appointed by the Mayor and Council at their next regular meeting after this article shall go into effect.
The members of the said Shade Tree Committee shall be nominated by the Mayor and confirmed by the vote of the Council. One member shall be appointed for one year, one member for two years, one member for three years, two members for four years and two members for five years. Vacancies in the membership of the Committee, occurring for whatever cause, shall be filled in the same manner in which the original appointments were made, for the unexpired term thereof. Members shall serve for their respective terms and until their successors are appointed and qualified.
Any member of the Shade Tree Committee may be removed from his or her office for cause, after an opportunity has been given for a hearing and upon the vote of a majority of the Council.
Members of the Shade Tree Committee shall be residents of the Borough of Oceanport and shall serve without compensation, except as may be hereinafter provided.
Each member of the Committee shall, before assuming office, take and subscribe an oath that he will faithfully and impartially discharge the duties of his office.
The members of the Committee shall choose annually from among its members, a Chairman or President and such other officers as it may deem necessary. One member of the Borough Council, appointed annually by the Council, shall be a liaison member of the Committee without voting privileges.
A majority of the members shall constitute a quorum of the Committee.
[Amended 7-18-1991 by Ord. No. 616]
A. 
The purpose of this article shall be to create a Shade Tree Committee in the Borough of Oceanport to provide for the preservation, regulation, planting, care and control of the shade and ornamental trees and shrubbery upon and in the streets, highways, public places, parks and parkways under the control of the Borough of Oceanport and to make recommendations regarding the removal of existing trees and the selection, placement and planting of trees upon private property in connection with site plan and major subdivision applications.
B. 
To effectuate its purposes, the Committee shall have the power to:
(1) 
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, including the planting, trimming, spraying and care and protection thereof.
(2) 
Regulate and control the use of the ground surrounding the same, so far as may be necessary for their proper growth and protection.
(3) 
Care for and control such parks and parkways and encourage arboriculture.
(4) 
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, provided that such treatment or removal is done with the written consent of the owner thereof, and further provided that the suspected condition is first confirmed by a certificate issued by or on behalf of the New Jersey Department of Agriculture.
(5) 
Review and make recommendations regarding the removal of existing trees and the selection, placement and planting of new trees upon private property in connection with any application for site plan or major subdivision approval pending before any board or agency of the Borough.
A. 
During the month of December in each year, the Shade Tree Committee shall certify to the governing body of the Borough of Oceanport 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 for, namely:
(1) 
Expenses of Committee members in discharging official duties, including expenses incident to attendance at professional meetings.
(2) 
Purchase of trees and shrubbery.
(3) 
Purchase of necessary equipment and materials and the cost of services for the prudent promotion of the work.
B. 
The governing body of the Borough of Oceanport shall annually appropriate such sum as it may deem necessary for said purposes, which sum may thereafter be administered and disbursed by the Committee.
The Committee shall make an annual report to the Borough Council setting forth in detail its operations, transactions and accomplishments for the preceding year.
Nothing in this article shall be construed to make the Committee or any member thereof liable for the death or injury of any person, or for any injury to any property or highway tree or shrub.