[HISTORY: Adopted by the Mayor and Council of the Borough of Dunellen 10-7-2002 by Ord. No. 02.12. Amendments noted where applicable.]
The regulation, planting, care and control of shade and ornamental trees and shrubbery upon and in the streets, highways, public places, parks, parkways and vacant lots of the Borough, 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 be under the authority of a commission, which shall be known as the "Shade Tree Commission of the Borough of Dunellen."
A. 
The Shade Tree Commission shall consist of seven members appointed by the Mayor who shall be residents or employees of the Borough.
B. 
The members of the Shade Tree Commission shall be appointed by the Mayor and shall serve without compensation, except as provided by statute.
C. 
Members may be required to attend forestry training, attend monthly Borough meetings and represent the Borough at the County Shade Tree Commission meetings.
The terms of office of the members of the Shade Tree Commission first appointed shall begin upon the day of their appointment and continue for the respective periods of one, two and three years from the first day of January next succeeding such appointment, which terms of the aforesaid appointees shall be designated in their respective appointment. All other appointments except to fill vacancies shall be made and take effect on the first day of January of each year for a full term of three years.
Any vacancy occurring in the membership of the Shade Tree Commission by reason of death, resignation or removal of any Commissioner shall be filled for the unexpired term by the Mayor.
A. 
The Shade Tree Commission shall organize annually by the election of one of its members as Chairperson and the appointment of a Secretary, who need not be a member.
B. 
The salary of the Secretary, who may be compensated even if a member of the Commission, shall be fixed by the Commission. All salaries shall be fixed as nearly as practicable in accordance with the salary schedule of the Borough for corresponding positions.
The Shade Tree Commission organized under this chapter shall have the 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 Borough, including the selection, planting, trimming, spraying, care and protection thereof.
B. 
Move or require the removal of any tree or part thereof as referenced in Subsection A above, dangerous to public safety.
C. 
Care for and control such parks and parkways; encourage agriculture; make, alter, amend and repeal, in the manner prescribed for the passage, alteration, amendment and repeal of ordinances by the governing body of the Borough, any and all ordinances necessary or proper for carrying out the provision hereof.
Notwithstanding any other provision to the contrary, any action exercised by the Shade Tree Commission may be reviewed by the Mayor and Council. The Mayor and Council shall have the authority to reverse any action of the Shade Tree Commission without prior notification to the Shade Tree Commission.
All expenditures of the Shade Tree Commission must be approved by the Mayor and Council.
The Shade Tree Commission shall prepare a monthly report to be submitted to the Mayor and Council. The report shall delineate all actions taken, all actions pending and all fees collected by the Shade Tree Commission.