[HISTORY: Adopted by the Township Committee of the Township of Middle 2-3-1983 as Ord. No. 445-83. Section 66-2 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
Excavations and soil removal — See Ch. 133.
Subdivision of land and site plan review — See Ch. 218.
Pursuant to N.J.S.A. 40:64-1 et seq., there is hereby created the Middle Township Shade Tree Commission.
The purpose of the Middle Township Shade Tree Commission shall be the regulation, planting, care and control of shade and ornamental trees and shrubbery upon and in the streets, highways and public places of the Township of Middle, except state highways, unless the Department of Transportation shall assent thereto, and except county highways and parks, unless the county and/or the County Parks Commission, as the case may be, gives assent thereto.
[Amended 1-4-1984 by Ord. No. 470-83]
The Middle Township Shade Tree Commission shall consist of seven members appointed by the Mayor. Each member shall be a resident of the Township of Middle and shall serve without compensation.
[Amended 1-4-1984 by Ord. No. 470-83]
Thereafter, each subsequent appointment, except for an appointment to fill an unexpired term, shall be for a term of five years commencing January 1 of the year of appointment.
The Commission shall annually elect one of its members as Chairman and shall appoint a Secretary, who need not but may be a member. The salary of the Secretary, if any, shall be fixed by the Township Committee.
Any vacancy occurring by reason of the death, resignation or removal of any Commissioner shall be filled for the unexpired term by the Mayor.
The Middle Township Shade Tree Commission shall have the following powers:
To 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 § 66-2 of this chapter, including the planting, trimming, spraying, care and protection thereof.
To regulate and control the use of the ground surrounding any such shade and ornamental tree and/or shrubbery, as aforesaid, so far as may be necessary for their proper growth, care and protection.
To move or require the removal of any tree or part thereof dangerous to public safety.
To make, alter, amend and repeal, in the manner prescribed for the passage, alteration, amendment and repeal of ordinances by the governing body of the Township of Middle, any and all ordinances necessary or proper to the carrying out of the provisions of this chapter.
To 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 Township of Middle and to 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.
To encourage arboriculture.
No statute giving any person or state, county or municipal board, body or official power or authority to lay sidewalk along any street 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 of Middle Township. In all such cases, the Shade Tree Commission shall reasonably cooperate with such person, board, body or official for the general public good. Nothing contained in this chapter shall be deemed to diminish or remove any of the powers or authority of the Cape May County Parks Commission over the trees or shrubbery in the Cape May County Parks.
During the month of December in each year, the Middle Township Shade Tree Commission shall certify to the Township Committee of the Township of Middle 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:
The payment of wages and salaries of employees.
The expenses of Commission members in discharging official duties, including expenses incident to attendance at professional meetings.
The purchase of trees and shrubbery.
The purchase of necessary equipment and materials and costs of services for the prudent promotion of the general work.
The Township Committee of the Township of Middle shall, in its sole discretion, determine the amount to be allocated to the Shade Tree Commission for the coming year and shall, in its sole discretion, appropriate such sums as it may deem necessary for said purposes.
The Commission may prescribe a fine for violation of its ordinances in an amount not exceeding $200 for each violation, and the Municipal Court of the Township of Middle shall have jurisdiction over actions for the violation of such ordinances, and said ordinances shall be enforced by like proceedings and process as that provided by law for the enforcement of ordinances for the Township of Middle. The officers authorized by law to serve and execute process for the Municipal Court of the Township of Middle 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 Middle Township Shade Tree 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 and making of the same, so as to make it legal and binding, have been complied with, unless the contrary is shown.
All moneys collected, either as fines or penalties, for any violation of a rule or regulation of the Middle Township 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.
All regulations adopted by the Middle Township Shade Tree Commission shall be filed with the Municipal Clerk for inspection by the public during regular business hours.