[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.]
A.
The Borough of Mendham Shade Tree Advisory Committee
is hereby established.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
