[HISTORY: Adopted by the Common Council of
the City of Linwood 3-11-2009 by Ord. No. 4-2009. Amendments noted where
applicable.]
There is hereby established within the City
of Linwood, pursuant to N.J.S.A. 40:64-1 et seq., a commission which
shall be known as the “Shade Tree Commission of the City of
Linwood.”
A.
The Commission shall consist of seven members, appointed
by the Mayor and all of whom shall be residents of the City and serve
without compensation except as hereinafter provided. The terms of
the office of the first Commissioners shall be for one, two, three,
four and five years, to be designated by the Mayor in making his appointments,
and their successors shall be appointed for terms of five years and
until their appointment or the qualification of their successors.
The first members of the Commission shall be appointed for the following
terms:
(1)
One member for the one-year term expiring December
31, 2009.
(2)
One member for the two-year term expiring December
31, 2010.
(3)
One member for the three-year term expiring December
31, 2011.
(4)
Two members for the four-year term expiring December
31, 2012.
(5)
Two members for the five-year term expiring December
31, 2013.
B.
Any vacancy occurring by reason of the death, resignation
or removal of any Commissioner shall be filled for the unexpired term
by the Mayor.
C.
Alternate members.
(1)
The Mayor may appoint not more than two alternate
members, to be designated "Alternate No. 1" and "Alternate No. 2."
(2)
The term of each alternate member shall be for five
years, commencing on January 1 of the year of the appointment; provided,
however, that in the event two alternate members are appointed, the
initial term of Alternate No. 2 shall be four years and the initial
term of Alternate No. 1 shall be five years.
(3)
An alternate member 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.
The Commission shall organize within 30 days
after appointment and then, and annually thereafter in January of
each year, elect a Chairman and Secretary.
The powers of the Commission are those powers
specifically authorized by N.J.S.A. 40:64-5. The Commission shall:
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, and including the planting, trimming, spraying,
care and protection thereof.
B.
Regulate and control the use of the grounds surrounding
the same as 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 in the passage, alteration, amendment and repeal of ordinances
by the governing body of the City, 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
City 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.
Any person who violates any section of this
chapter shall, upon conviction thereof, be subject to a fine of not
less than $500 nor more than $1,500 for each violation. The Commission
may require a person who removes or otherwise destroys a tree in violation
of a municipal ordinance to pay a replacement assessment to the City.
The replacement assessment shall be the value of the tree as determined
by the appraisal of a trained forester or certified tree expert retained
by the Commission for that purpose.
All monies collected in the City either as fines
or penalties for any violation of a rule or regulation of a Shade
Tree Commission or as a charge against real estate, under any provision
of this chapter, shall be forthwith paid over to the City officer
empowered to be custodian of the funds of the City.
