[HISTORY: Adopted by the Mayor and Council of the Borough
of Penns Grove as Ch. 21 of the 1968 Revised Ordinances (Ch. 63 of
the 1986 Code). Amendments noted where applicable.]
[Amended 7-5-2017 by Ord.
No. 2017-5]
The regulation, planting, care and control of shade and ornamental
trees and shrubbery upon and in the streets, highways, public places,
parks and parkways of the Borough of Penns Grove, except state highways,
unless the State Department of Transportation shall assent thereto,
and except county highways, parks and parkways, if a County Shade
Tree Commission is operative and gives assent thereto, shall be exercised
by and under the authority of the Borough of Penns Grove Shade Tree
Commission, which is hereby created. The Commission shall consist
of five members appointed by the Mayor (or other chief executive),
who shall be residents of the municipality and shall serve without
compensation except as hereinafter provided.
[Amended 6-17-1986 by Ord. No. 86-5]
The first Commissioners shall be appointed within 60 days after
the effective date of this chapter, and their terms of office shall
commence upon the day of their appointment and be for the respective
periods of one, two, three, four and five years, with the term of
each appointee being 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 next succeeding such appointment.
In the event that the 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 Commission shall organize within 30 days after the appointment
of its total membership for the remainder of the then calendar year
and thereafter annually by the election of one of its members as Chairman
and the appointment of a Secretary, who need not be a member. The
salary of the Secretary, who may be compensated even if a member of
the Commission, shall be fixed by the governing body of the municipality.
Any vacancy occurring by reason of the death, resignation or
removal of any Commissioner shall be filled for the unexpired term
by the Mayor or other chief executive of the municipality.
The Shade Tree Commission organized under this chapter shall
have 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 § 154-1 of this chapter, including the planting, trimming, spraying, care and protection thereof.
B.
Regulate and control the use of the ground surrounding the same,
so 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;
and make, alter, amend and repeal, in the manner prescribed for the
passage, alteration, amendment and repeal of ordinances by the governing
body of the municipality, 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 municipality
and enter upon private property for that purpose, with the consent
of the owner thereof, provided that the suspected condition is first
confirmed by certificate issued by or on behalf of the New Jersey
Department of Agriculture.
A.
Except as hereinafter provided, the initial cost of all trees planted
by the Commission, the cost of planting the same, the cost of the
posts and boxes or guards used for the protection thereof and the
cost of the removal of any tree or part thereof dangerous to public
safety shall, if the Commission shall determine, in accordance with
uniform rules and regulations promulgated for this purpose, be a charge
upon the real estate in front of which such tree or trees shall be
planted or removed as an improvement thereof. Such cost, if it is
so determined that it is to be paid by the owner, shall, unless paid
directly to the Commission, be certified by it to the Collector of
Taxes of the municipality, shall thereupon become and be a lien upon
said real estate, shall be included in the next tax bill rendered
to the owner or owners thereof and be collected in the same manner
as other taxes against that property.
In every case where the property of an abutting owner will be
chargeable with the cost of the planting of any shade tree or trees,
the Commission shall give notice of the meeting at which it is proposed
to consider said planting by publishing the notice at least once,
not less than 20 days before the meeting, in a newspaper circulating
in the municipality and by personal service of a copy of the notice
upon the abutting owner at least 10 days before the meeting. The notice
shall specify the street, streets or portions thereof on which such
planting is proposed and require all persons who may object thereto
to present their objections in writing to the Chairman of the Commission
at or before the meeting. Before final action shall be taken, all
objections so filed shall be considered. The Commission shall give
reasonable notice of its intention to remove or cause the removal
of a tree or part of a tree dangerous to public safety, unless public
safety requires immediate removal, in which case no notice shall be
necessary.
A.
No statute giving any person or state, county or municipal board,
body or official power or authority to lay any sidewalk along or to
open, construct, curb or pave any street or to do any similar act
shall be construed to permit or authorize any interference with or
injury to a highway shade tree without the consent of the Shade Tree
Commission within whose jurisdiction such tree shall be located. In
all cases, such Commission shall reasonably cooperate with such person,
board, body or official for the general public good.
B.
Nothing in this chapter contained shall be held to take away or diminish
any of the powers or authority of any County Park Commission over
the trees or shrubbery in any county park or parkway within its jurisdiction
or to give any other commission or board any power or authority with
respect to such trees or shrubbery.
A.
During the month of December in each year, the Shade Tree Commission
shall certify to the governing body of the municipality 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 expenditures
will be made for, namely:
B.
The governing body of the municipality shall annually appropriate
such sum as it may deem necessary for said purposes.
A.
The Commission may prescribe a fine for violation of its ordinances
in an amount not exceeding $1,500 for each violation, and the Municipal
Court of the Borough of Penns Grove shall have jurisdiction in actions
for the violation of such ordinances and they shall be enforced by
like proceedings and process as that provided by law for the enforcement
of ordinances of the municipality. The officers authorized by law
to serve and execute process in the Municipal Court shall be the officers
to serve and execute any process issued out of the Municipal Court
for violations of the ordinances of the Commission.
[Amended 7-5-2017 by Ord.
No. 2017-5]
B.
A copy of any ordinance of the Commission, certified to under the
hand of its Secretary or Chairman, shall be received in any court
of this state as full and legal proof of the existence of the ordinance
and that all requirements of law in relation to the ordaining, publishing
or making of the same, so as to make it legal and binding, have been
complied with, unless the contrary shall be shown.
All moneys collected, 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 custodian of the municipal funds.
Nothing in this chapter contained shall be construed to make
the Commission or any member thereof responsible for the death or
injury of any person or for any injury to any property or highway
tree or shrub.
The Shade Tree Commission is hereby authorized and empowered
to promulgate such ordinances and written rules and regulations as
may be necessary, pursuant to statute and for the proper interpretation
of this basic chapter, for administration and enforcement, provided
that such ordinances and regulations do not conflict with this chapter
and conform to the general standards prescribed by this chapter.
