[Adopted 12-12-1962 (§ 2-21 of
the Revised General Ordinances), as amended through Ord. No. O-81-24]
A Shade Tree Commission is established for the
purpose of regulating, planting, care and control of shade and ornamental
trees and shrubbery upon and in the streets, highways, public places,
parks and parkways of the Township, except state highways unless the
State Department of Transportation assents thereto, and except county
highways, parks and parkways if a County Shade Tree Commission is
operative, unless the county Shade Tree Commission gives assent thereto.
The Commission members shall be residents of the Township and serve
without compensation except as hereinafter provided.
[Amended 10-21-2008 by Ord. No. O-08-25]
A.
The Shade Tree Commission shall consist of seven members
appointed by the Mayor for a term of five years, except that those
first appointed shall be on a staggered basis; provided further that
the initial appointment of the sixth person shall be for a term of
five years and the seventh member shall be for a term of four years,
retroactive to January 1 of the year of appointment. All appointments,
except those to fill vacancies, shall be effective January 1 next
succeeding the appointment. Any vacancy occurring by reason of the
death, resignation or removal of any Commissioner shall be filled
for the unexpired term by the Mayor.
B.
Appointment of alternate members; terms; vacancies.
(1)
The Mayor may appoint up to two alternate members
to the Shade Tree Commission. Alternate members shall be designated
at the time of appointment as "Alternate No. 1" and "Alternate No.
2." The length of the term of the alternate members shall be for a
term of five years. However, the terms shall be staggered so that
they do not both expire in the same year, but rather shall expire
in two consecutive years. A vacancy occurring otherwise than by expiration
of term shall be filled by the Mayor for the unexpired term only.
(2)
No alternate member shall be permitted to act on any
matter in which the alternate has either directly or indirectly any
personal or financial interest. An alternate member may, after public
hearing, if he requests one, be removed by the Mayor for cause.
(3)
Alternate members may participate in discussions of
the proceedings but may not vote except in the absence or disqualification
of a regular member of the Commission. A vote shall not be delayed
in order that a regular member may vote instead of an alternate member.
In the event that a choice must be made as to which alternate member
is to vote, Alternate No. 1 shall vote.
[Amended 12-27-2005 by Ord. No. O-05-48]
In January of each year, the Commission shall
organize by the election of one of its members as Chairperson, and
the appointment of a Secretary, who need not be a member.
The Shade Tree Commission shall have the power
to:
A.
Promulgate such ordinances and written rules and regulations
as may be necessary, pursuant to statute, and for the proper interpretation,
administration and enforcement of this article, provided that the
ordinances and regulations do not conflict with this article and conform
to the general standards.
B.
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 § 10-1, including the planting, trimming, spraying, care and protection thereof.
C.
Regulate and control the use of the ground surrounding
the same, so far as may be necessary for their proper growth, care
and protection.
D.
Move or require the removal of any tree, or part thereof,
dangerous to public safety.
E.
Care for and control such parks and parkways; encourage
arboriculture; make, alter, amend and repeal, in the manner prescribed
for the passage, alteration, amendment and repeal of ordinances by
the Township Committee, any and all ordinances necessary or proper
for carrying out the provisions hereof.
F.
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 and enter upon private property for that purpose, with the
consent of the owner, provided the suspected condition is first confirmed
by certificate issued by or on behalf of the New Jersey Department
of Agriculture.
A.
During the month of December in each year, the Shade
Tree Commission shall certify to the Township Committee 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:
[Amended 5-24-2022 by Ord. No. O-22-8]
(1)
Payment of wages and salaries of employees.
(2)
Expenses of Commission members in discharging official
duties, including expenses incident to attendance at professional
meetings.
(3)
Purchase of trees and shrubbery.
(4)
Purchase of necessary equipment and materials and
the cost of services for the prudent promotion of the work.
B.
The Township Committee shall annually appropriate
such sum as it may deem necessary for the purposes.
[1]
Editor's Note: Former § 10-6, Contractor maintenance
guaranties, was repealed 5-24-2022 by Ord. No. O-22-8.
