[Added 4-12-2010 by Ord. No. 2010-13]
A Shade Tree Commission is hereby established, which shall consist
of not less than five nor more than seven members.
The members of the Shade Tree Commission shall be appointed
by the Mayor and shall be residents of the Township. They shall serve
without compensation, except as provided in N.J.S.A. 40:64-3.
The first Commissioners shall be appointed within 60 days after
this section providing for the Commission shall become effective,
and their terms of office shall commence upon the day of their appointment
and shall be for the respective periods of one, two, three, four and
five years, if the Commission consists of five members, beginning
on January 1 next succeeding such appointment. If the Commission is
to consist of six members, the first Commissioners shall be appointed
as above, except that two shall be appointed for five years; and if
the Commission is to consist of seven members, two shall be appointed
for five years and two shall be appointed for four years. In the event
that membership of any Commission is increased, the new members shall
be appointed in such manner that the terms shall expire in accordance
with the foregoing. The terms of each appointee shall be designated
in his appointment. All subsequent appointments, except to fill vacancies,
shall be for the full term of five years, to take effect on January
1.
The Shade Tree Commission shall organize annually by the election
of one of its members as Chairman and the appointment of a Secretary,
who need not be a member of the Commission. The compensation of the
Secretary shall be fixed by the governing body.
The Shade Tree Commission shall have power to exercise full,
sole and exclusive control over the regulation, planting and care
of shade and ornamental trees and shrubbery planted in or upon any
public highway, park or parkway of the Township, including the planting,
trimming, spraying, care and protection of the same for the public
good; the right to regulate and control the use of the grounds surrounding
the same so far as may be necessary for their proper growth, care
and protection; the right to remove or require the removal of any
tree, or any part thereof, dangerous to the public safety, following
notice to the property owners as required by statute, at the expense
of the owner of such tree; the encouragement of arboriculture; and
such other powers vested in Shade Tree Commissions by state law.
All moneys collected as fines or penalties for violation of
a rule or regulation of the Shade Tree Commission, or as a charge
against real property under the provisions of the statute in such
case made and provided, shall be forthwith paid over to the Chief
Financial Officer of the Township of Old Bridge, shall be placed to
the credit of the Commission and shall be subject to be withdrawn
by the Commission for the conduct of its work.
Nothing contained in this section shall be construed to make
any Shade Tree Commission or any member thereof, or any volunteer
participating in a community forestry program as provided for by Section
4 of P.L. 1996, c. 135 (N.J.S.A. 13:1L-17.4), responsible for the
death or injury of any person, or for any injury to any property or
highway tree or shrub. Liability for any such death or injury shall
be governed by the provisions of Section 16 of P.L. 1996, c. 135 (N.J.S.A.
59:4-10) and any other relevant provisions of the New Jersey Tort
Claims Act, N.J.S.A. 59:1-1 et seq.
