Borough of Mendham, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Mendham 11-4-1974 as Ch. 38 of the 1974 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Administrative organization — See Ch. 4, § 4-48J.
Environmental Commission — See Ch. 15.
Department of Public Works — See Ch. 42.
Planning Board — See Ch. 124, Art. I.
Subdivision of land and site plan review — See Ch. 195.

§ 54-1 Establishment; membership.

A. 
The Borough of Mendham Shade Tree Advisory Committee is hereby established.
B. 
The Advisory Committee shall consist of three members appointed by the Mayor of the Borough of Mendham pursuant to § 15-2A. The members of the Advisory Committee shall be residents of the Borough and shall serve without compensation.
[Amended 8-17-2017 by Ord. No. 7-17]

§ 54-2 Term of office.

A. 
The first members of the Committee shall be appointed within 90 days after the effective date of this chapter, and their terms of office shall commence on January 1 next succeeding such appointment as follows:
(1) 
One member to serve for a term of one year.
(2) 
One member to serve for a term of two years.
(3) 
One member to serve for a term of three years.
B. 
The term of each appointee shall be designated in his or her 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 Committee is increased, the new members shall be appointed in such manner that the terms shall expire in accordance with the foregoing.

§ 54-3 Organization.

The Advisory Committee shall organize within 60 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 Chairperson and the appointment of a Secretary, who need not be a member.

§ 54-4 Filling of vacancies.

Any vacancy occurring by reason of death, resignation or removal of any member of the Advisory Committee shall be filled for the unexpired term by the Mayor of the Borough of Mendham.

§ 54-5 Scope and responsibilities.

The scope and responsibilities of the Shade Tree Advisory Committee shall be as follows:
A. 
To prepare programs and plans for consideration by the governing body and the Superintendent of Public Works with respect to the purchase, planting, care, rearing, trimming, preserving and control of the shade and ornamental trees of the borough.
B. 
To meet with the Borough Council and the Superintendent of Public Works upon their request for discussion of programs and recommendations.
C. 
To consult regularly with the Borough Council and the Superintendent of Public Works concerning the shade tree program of the borough.
D. 
To encourage arboriculture.

§ 54-6 Inspection of proposed subdivisions; report to Planning Board.

A. 
When application for a subdivision of land is first submitted to the Planning Board, the Planning Board will, within one week, advise the Shade Tree Advisory Committee of the desired subdivision, whereupon the Advisory Committee shall inspect the property involved, noting the number, type and location of the various trees situate on the land proposed to be subdivided, their approximate age and density of growth, together with the topography, and taking into account the necessity for cutting or filling the land to meet subdivision requirements.
B. 
Within 10 days after receipt of such information, the Shade Tree Advisory Committee shall make a written report of its findings to the Planning Board, together with any recommendation it might desire to make regarding the safeguarding of desirable trees during the course of the subdivision and the erection of buildings in such development.

§ 54-7 Powers of Borough Council.

The Borough Council shall have the power to:
A. 
Regulate and control the use of the grounds surrounding the shade and ornamental trees and shrubbery, so far as may be necessary for their proper growth, care and protection.
B. 
Move or require the removal of any tree or part thereof dangerous to public safety.
C. 
Administer treatment to or remove any tree situate 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 this suspected condition is first confirmed by a certificate of the Department of Agriculture.

§ 54-8 Appropriations for expenses.

The Borough Council shall annually appropriate such sum as it may deem necessary for the purchase of trees and shrubbery, the purchase of necessary equipment and materials and for the cost of services for the promotion of the work.

§ 54-9 Superintendent of Public Works to oversee work.

The Superintendent of Public Works shall be charged with the duty of overseeing the program of work undertaken by the Borough Council pursuant to this chapter. Said Superintendent shall make monthly reports to the Borough Council on the work undertaken pursuant to the program provided for herein.

§ 54-10 Authority of governing body not superseded.

Nothing contained in this chapter shall be held to take away or diminish any of the powers or authority of the Mayor and Council over the trees or shrubbery in the Borough of Mendham within its jurisdiction or to give any other commission or board any power or authority with respect to such trees or shrubbery.