[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.]
GENERAL REFERENCES
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]
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:
A.
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.
B.
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.
C.
To move or require the removal of any tree or part thereof
dangerous to public safety.
D.
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.
E.
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.
F.
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.
A.
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:
(1)
The payment of wages and salaries of employees.
(2)
The expenses of Commission members in discharging official
duties, including expenses incident to attendance at professional meetings.
(3)
The purchase of trees and shrubbery.
(4)
The purchase of necessary equipment and materials and
costs of services for the prudent promotion of the general work.
B.
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.
