[Adopted 12-31-2002 by Ord. No. 2002-21; amended in its entirety 7-14-2020 by Ord. No. 2020-09]
A.
The intent of this article, together with Chapter 425, is to promote and protect the public health, safety, and general welfare by providing for the regulation of the planting, maintenance, and removal of trees, shrubs, and other plants within the Borough of Bradley Beach.
B.
The purpose of this article is to provide for the creation of a Shade
Tree Commission in the Borough of Bradley Beach and define the powers
and duties thereof, including the control and prevention of the indiscriminate
or excessive removal and destruction of trees and their canopies,
and to establish and define the role of a "licensed tree expert" in
the planning, management and enforcement of these critical resources.
C.
The goal of this article is to strike a balance between limiting
the adverse impacts of tree removal without unduly interfering with
the ability of a property owner to appropriately remove trees on private
property.
A.
Under the authority of N.J.S.A. 40:64-1, et seq., there is hereby
established a Commission which shall be known as the Shade Tree Commission
of Bradley Beach. The Commission shall be comprised of five members
and two alternates, all of whom shall be residents of the Borough
and shall serve without compensation. The Mayor, after consultation
with the Council, shall appoint all of the members and alternates
of the Commission.
B.
The terms of office of the Commission members shall be five years;
with the terms of those members first appointed beginning the day
of appointment and expiring on the last day of December following
respective initial terms of one, two, three, four and five years;
the terms of said initial appointments to be designated in their respective
appointments.
C.
The terms of office of the Commission alternates shall be five years,
and each position shall be respectively designated "Alternate No.
1" and "Alternate No. 2"; with the terms of those alternates first
appointed beginning the day of appointment and expiring on the last
day of December following respective initial terms of four and five
years; the terms of said initial appointments to be designated in
their respective appointments.
D.
All other appointments, except to fill vacancies, shall be made to
take effect the first day of January of each year for a full term
of five years.
E.
Any vacancy occurring in the membership of the Commission by reason
of death, resignation or removal shall be filled for the unexpired
term by an appointment by the Mayor after consultation with the Council.
With the consent of the remaining member(s) of the Commission, all
new appointees should be designated as "Alternate No. 2," with the
remaining members moving into open position(s) on a "seniority" basis.
F.
In addition to the members and alternates, there shall be two non-voting
liaisons to the Commission annually selected from and appointed by
the governing body to serve from January 1 to December 31 of each
year.
G.
The alternates shall serve during the absence or disqualification
of any member(s). An alternate may participate in all proceedings,
but may vote only in the event of the absence or disqualification
of a member. A vote shall not be delayed so that a member may vote
instead of an alternate, or vice versa.
A.
Within 30 days after the initial appointment of its total membership
for the remainder of the then calendar year, and thereafter annually
within the first 30 days of each year, the Commission shall organize
and reorganize by:
(1)
Electing one of its members as Chairperson;
(2)
Electing one of its members as Vice-Chairperson;
(3)
Appointing a Secretary, who shall also be a member of the Commission
and shall be responsible to make, keep, and preserve video or audio
recordings of the Commission's meetings, and to timely file all recordings
of the Commission's meetings with the Borough Clerk for public availability
and record-keeping purposes.
(4)
Recommending to the governing body regarding the retention of a licensed
tree expert, who shall not be a member of the Commission. The licensed
tree expert shall be appointed annually by the governing body by resolution.
Notwithstanding the expiration of any term, the licensed tree expert
shall continue to serve under the terms and conditions of his or her
immediately preceding appointment until either re-appointed or his
or her successor is appointed and qualified.
B.
The salaries of employee(s), if any, shall be fixed by the Commission in accordance with the Borough's prevailing Salary Ordinance, provided that the Commission shall not exceed the funds available and/or the appropriations authorized by the governing body for its purposes pursuant to § 24-33 of this Code.
A.
The Shade Tree Commission shall have the following general powers
and duties:
(1)
Advisory role in developing and effecting policy-making in the regulation,
planting, care and control of trees and shrubs upon and in the streets,
highways, public places, and parks of the Borough, with specific emphasis
on the care and protection of trees located on public rights-of-way,
including Main Street, provided that the Commission shall have responsibility
for the regulation, planting, care and control of trees and shrubs
upon and in State and County highways and county parks only to the
extent authorized or permissions obtained according to law;
(2)
Responsibility to identify, retain with governing body approval,
consult and advise with the licensed tree expert in all matters within
its purview and jurisdiction;
(3)
Responsibility to develop a long-term plan to plant and maintain
trees on Borough properties and rights-of-way;
(4)
All authority conferred to New Jersey municipal shade tree commissions
pursuant to N.J.S.A. 40:64-1 et seq., to the extent applicable;
(5)
Authority to review tree surveys, removal plans and planting plans submitted with land development applications referred to the Commission by the Planning Board or Zoning Board, pursuant to § 450-21 of this Code or otherwise according to law. Within 20 business days of any such referral, the Commission shall transmit a report of its findings and recommendations to the board of jurisdiction, or the Commission's assent may be presumed by said board;
(6)
Authority to prepare criteria, standards, guidelines, and recommendations,
including recommendations as to specific appropriations, for the use
of funds collected in the Bradley Beach Shade Tree Trust Reserve;
provided, however, that the expenditure of said funds shall be subject
to final approval by the governing body;
(7)
Authority to develop a list of sites throughout the Borough that
require the replacement of trees or the addition of new trees, and
regularly update the list to reflect the replacement or removal of
trees;
(8)
Authority to develop and maintain a recommended tree species list;
(9)
Authority to develop and maintain an inventory of trees and shrubs
upon and in the streets, highways, public places, public rights-of-way
and parks of the Borough;
(10)
Responsibility to develop and recommend tree removal standards
for trees located on private property, with the approval of the governing
body;
(11)
The authority to review permit applications for tree removal from private property, and grant approval according to defined tree removal guidelines, with any appeals therefrom being heard directly by the governing body pursuant to § 425-12B(2);
(12)
Responsibility to annually establish a meeting schedule, with
scheduled meetings of a quorum of the Commission at least once monthly,
provided that regular meetings may be adjourned from time-to-time
depending upon the Commission's agenda;
(13)
Responsibility to make, keep, and preserve minutes and records
of its meetings and activities, and to make annual reports to the
governing body. Copies of all minutes and records of its meetings
and activities shall be filed with the Borough Clerk;
(15)
Such additional functions as required by this chapter or within
the law as may be delegated to it.
A.
There shall be established and maintained by the Chief Financial Officer of the Borough a segregated fund referred to as the Bradley Beach Shade Tree Trust Reserve, which shall be the depository for all tree replacement fees, service fees, and other funds collected under this article and Chapter 425 of this Code, except as may be otherwise provided by law.
B.
The governing body may authorize funds for use by the Commission
from the General Fund and/or the Bradley Beach Shade Tree Trust Reserve,
in its sole discretion in consultation with the Commission.
C.
The governing body shall take appropriate measures and appropriate
funds for the retention of a licensed tree expert, who shall advise
the Commission in all matters under its purview.
D.
The governing body may further appropriate funds for the clerks and
other employees of the Commission, as well as the purchase of trees
and shrubbery, the purchase of necessary equipment and materials,
and other expenses of the Commission.
E.
The Commission may appoint such clerks and other employees as it
may require and as shall be in accordance with the prevailing Borough
Salary Ordinance and within the limits of the funds so appropriated
by the governing body for its use.
F.
In its annual report, the Commission shall make any and all requests
for appropriations from the General Fund and/or expenditures from
the Bradley Beach Shade Tree Trust Reserve by February 1 of each year.
A.
No person shall prevent, delay or interfere with the Commission,
or its authorized official(s) and/or agent(s), in carrying out their
lawful work or lawfully administering the duties of the Commission
under this article.
B.
A violation of this article is a separate and distinct offense from a violation of Chapter 425 of this Code only when the violator commits any overt act of concealment from or interference with lawful inquiries.
C.
Any person who violates this article shall, upon conviction therefor,
be subject to a fine of not less than $1,000 to be determined at the
discretion of the Municipal Court Judge, in addition to any restitution
that may be ordered by the Municipal Court Judge for accrued or additional
damages resulting from the violator's concealment or interference
calculated in the same manner provided in § 425-13A(1).
This article shall be construed and interpreted consistently with the definitions and meanings set forth in Chapter 425 of this Code.
