[1971 Code T.II, Ch. 3 § 1]
The regulation, planting, care and control of shade and ornamental
trees and shrubbery upon and in the streets, public places, parks
and parkways of the Borough, except State highways, unless the State
Highway Department 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 Farmingdale Borough Shade Tree Commission, which is hereby created.
The Commission shall consist of three members appointed by the Mayor,
who shall be residents of the Borough and shall serve without compensation
except as hereinafter provided.
[1971 Code T.II, Ch. 3 § 2]
All appointments, except to fill vacancies, shall be for a term
of five years, to take effect on January 1 next succeeding such appointment.
In event that the membership of the Commission is increased, the new
members shall be appointed for staggered terms.
[1971 Code T.II, Ch. 3 § 3]
The 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. The salary of the Secretary, who may be compensated
even if a member of the Commission, shall be fixed by the Borough
Council; the salary of all other employees shall be fixed by the Commission.
All salaries shall be fixed as nearly as practicable in accordance
with the salary schedule, if any, of the Borough for corresponding
positions.
[1971 Code T.II, Ch. 3 § 4]
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 Borough.
[1971 Code T.II, Ch. 3 § 5]
The Shade Tree Commission 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 § 2-27.1, 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;
make, alter, amend and repeal, in the manner prescribed for the passage,
alteration, amendment and repeal of ordinances by the Borough Council,
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 Borough
and enter upon private property for that purpose, with the consent
of the owner thereof, provided the suspected condition is first confirmed
by certificate issued by or on behalf of the New Jersey Department
of Agriculture.
[1971 Code T.II, Ch. 3 § 6]
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 be borne by and paid for by the Borough, provided
approval and consent to such costs upon request of the Shade Tree
Commission shall be given prior thereto by formal action of the Mayor
and Council.
[1971 Code T.II, Ch. 3 § 7]
No Statute giving any person or State, County or municipal board,
body or officials, 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.
Nothing in this section 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.
[1971 Code T.II, Ch. 3 § 8]
During the month of December in each year, the Shade Tree Commission
shall certify to the Borough Council 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 expenditure will be made for, namely:
a.
Payment of wages and salaries of employees;
b.
Expenses of commission members in discharging official duties including
expenses incident to attendance at professional meetings;
c.
Purchase of trees and shrubbery; and
d.
Purchase of necessary equipment and materials and the cost of services
for the prudent promotion of the work.
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The Borough Council shall annually appropriate such sum as it
may deem necessary for these purposes.
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[1971 Code T.II, Ch. 3 § 9]
The Commission may prescribe a fine for violation of its ordinances in an amount not exceeding that of Chapter 1, § 1-5 of this Code for each violation, and the Municipal Court of Farmingdale shall have jurisdiction in actions for the violation of such ordinances and 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.
A copy of any ordinance of the Commission, certified to under
the hand of the 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
and making of the same, so as to make it legal and binding, have been
complied with, unless the contrary be shown.
[1971 Code T.II, Ch. 3 § 10]
All moneys collected, either as fines or penalties, for any
violation of a rule or regulation of a Shade Tree Commission, under
any provision of this section shall be forthwith paid over to the
custodian of the municipal funds.
[1971 Code T.II, Ch. 3 § 11]
Nothing in this section 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.
[1971 Code T.II, Ch. 3 § 12]
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, for the proper interpretation,
administration and enforcement of this section, provided that such
ordinances and regulations do not conflict with this section and also
conform to the general standards prescribed by this section.
[New]
This division shall be within and under the jurisdiction of
the Township of Howell being the coordinating agency for all activities
in connection with Emergency Management activities.
An Emergency Management Council shall be appointed pursuant
to N.J.S.A. App. A:9-41.
The Mayor of the Borough of Farmingdale is authorized to appoint
an Emergency Management Services Deputy Director to serve on the Advisory
Board of the Howell-Farmingdale Office of Emergency Management.
[Added 2-5-2013 by Ord. No. 01-2013]
There is hereby established in the Borough of Farmingdale a
Recreation Commission, which shall have the duties and powers hereinafter
more particularly set forth.
The Recreation Commission of the Borough of Farmingdale shall
be composed of five members, including ex officio members, but this
section provides for additional members at the discretion of the Mayor
and Council, all of whom shall be appointed by the Mayor, with the
consent of the majority of the members of the Borough Council as a
whole, and shall serve at the pleasure of the Borough Council, along
with ex officio members, as provided herein. Persons interested in
recreational aspects of the Borough shall be eligible for appointment
as members of the Recreation Commission. Vacancies shall be filled
in the same manner as the original appointments, except that vacancies
occurring other than by the expiration of the term of the office shall
be filled only for the remainder of the unexpired term of the original
appointee. Initial appointees shall be appointed for a term of one
year on February 5, 2013. Thereafter, all appointees shall be appointed
for a term of one year during the annual Borough reorganization meeting.
Any member who serves shall be eligible for reappointment. Members
must reside in the Borough Farmingdale and shall receive no compensation
for their services.
Any member of the Recreation Commission may be removed from
his or her office for cause after an opportunity has been given for
a hearing and upon the vote of a majority of the Council.
Each member of the Commission shall, before assuming office,
take and subscribe an oath that he or she will faithfully and impartially
discharge the duties of the office.
The members of the Commission shall choose annually from among
its members a Chairman, Vice Chairman, Secretary and such other officers
as it may deem necessary and may formulate subcommissions for the
administration and handing of its programs.
A public meeting shall be held in a public place once a month
and in accordance with the Open Public Meetings Act at N.J.S.A. 10:4-6.
A majority of the membership shall constitute a quorum.
a.
The purpose
of this section shall be to create the Farmingdale Recreation Commission,
which shall be charged with the responsibility to research, plan and
report the feasibility and sustainability of a formal Recreation Program
in the Borough. The Commission shall also be charged with implementation
and organization of recreational activities determined by the Mayor
and Council to be feasible. The Commission shall further be charged
with providing a feasibility study to Mayor and Council on the future
establishment of a Recreation Commission. The Recreation Commission
shall not be deemed to be a Recreation Commission pursuant to N.J.S.A.
40:61-17 et seq. or N.J.S.A. 40:12-1 et seq., but said Commission
shall have only those powers and duties that have been more particularly
provided in this section or by resolution of the Mayor and Council.
b.
The Recreation
Commission shall fix and determine the duties of and recommend to
the Mayor and Council the appointment of a Recreation Director and
aides and such other supervisory or custodial personnel as it deems
necessary for the successful completion and operation of the recreational
program.. The Mayor and Council, at its discretion, shall refer to
the Recreation Commission for its consideration and recommendation
any proposals for recreational programs or acquisitions of equipment,
facilities or property that may be under consideration by the Mayor
and Council. The Commission shall study such matters referred to it
by the Mayor and Council and shall report its findings and conclusions
thereon, in writing, to the Mayor and Council as soon as may be reasonably
possible.
The Recreation Commission shall submit to the Mayor and Council
a proposed comprehensive budget for the annual recreation program
prior to December 1 of each year. The Mayor and Council shall annually
appropriate such sums as it may deem necessary for such purposes,
and those funds will thereafter be administered and disbursed by normal
Borough financial control procedures.
The Commission shall submit an annual report to the Mayor and
Council by December 31, setting forth in detail its operations, activities
and accomplishments for the preceding year.
Nothing in this section shall be construed to hold the Commission
or any Commission member liable for the death, injury or illness of
any person in connection with any recreational activity.
