[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.”
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:
One member for the one-year term expiring December 31, 2009.
One member for the two-year term expiring December 31, 2010.
One member for the three-year term expiring December 31, 2011.
Two members for the four-year term expiring December 31, 2012.
Two members for the five-year term expiring December 31, 2013.
Any vacancy occurring by reason of the death, resignation or removal of any Commissioner shall be filled for the unexpired term by the Mayor.
The Mayor may appoint not more than two alternate members, to be designated "Alternate No. 1" and "Alternate No. 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.
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:
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.
Regulate and control the use of the grounds surrounding the same as far as may be necessary for their proper growth, care and protection.
Move or require the removal of any tree, or part thereof, dangerous to public safety.
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.
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.