§ 6-29. General provisions.

A. 

There shall be a Shade Tree Commission of the Borough of Totowa.

B. 

Membership; appointment; terms.

(1) 

The Shade Tree Commission shall consist of seven residents of the Borough appointed by the Mayor and they shall serve for staggered five-year terms. The first Commissioners shall be appointed within 60 days after the effective date of this chapter and the term of office shall begin on the day of their appointment and shall be for the respective periods. The term of each Commissioner shall be designated in their 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.

(2) 

Any vacancy shall be filled for the unexpired term by the Mayor.

C. 

Authority. The Shade Tree Commission shall have the power and authority for the regulation, planting, care and control of shade and ornamental trees and shrubbery upon or in the streets, public right-of-way, public places, highways, parks or parkways within the jurisdiction of the Borough of Totowa and shall exercise all powers and rights and be subject to all duties provided in Chapter 325 of the 1915 Laws of New Jersey (N.J.S.A. 40:64-1 et seq.), as amended and supplemented.

D. 

Organization. The Commission shall organize annually by the election of one of its members as Chairman and the appointment of a Secretary, who need not be a member. All Commissioners shall serve without compensation except for the Secretary. The salary of the Secretary shall be fixed by the Borough Council.

E. 

Records and reports.

(1) 

Public records. The records and minutes of the Commission shall be deemed public records. An exact copy of the minutes from each meeting shall be filed with the Borough Clerk.

(2) 

Reports. The Commission shall submit, through its Secretary, a monthly report to the governing body setting forth what work has been done and what needs to be done. The report shall be submitted to the Borough Clerk on the 10th day of each month.

F. 

Meetings. Regular meetings shall be scheduled no less than once a month. The Commission shall fix the time and place for holding its regular meetings.

G. 

Powers and duties. The Commission shall have the power to:

(1) 

Make recommendations for the regulation, planting and care of shade and ornamental trees and shrubbery now located or which may hereafter be planted in any street, public right-of-way, public place, highway, park or parkway, including the planting, trimming, spraying, care and protection thereof.

(2) 

Regulate the use of the ground surrounding the same, so far as may be necessary for their proper growth, care and protection.

(3) 

Purchase and plant or have planted under its supervision, at the request of the governing body of the Borough, any trees or shrubs required in connection with any public improvement financed in whole or in part by the Borough or any street, park or Borough-owned land.

(4) 

Regulate and control the indiscriminate and excessive cutting of trees.

(5) 

Make recommendations to the Mayor and Council concerning any and all ordinances necessary for carrying out the provisions hereof.

H. 

Responsibility for costs for planting and removal of trees.

[Amended 11-13-2007 by Ord. No. 18-2007]

(1) 

Except as herein provided, the initial cost of all trees planted by the Commission including the cost of planting same, the cost of posts and boxes or guards used for the protection thereof shall be borne by the Commission. The Borough of Totowa Department of Public Works shall be responsible for the maintenance of those trees planted in the municipal right-of-way, public place, highway, park or parkway beginning with any trees planted after the adoption and enactment of this article. Maintenance shall include the removal of trees or any part thereof deemed to be dangerous to the public safety.

(2) 

The cost for removal of any tree or any part thereof deemed dangerous to public safety shall, if the Commission so determines, be a charge upon the real estate upon which tree is removed or planted as part of an improvement thereof. Such cost, if it is determined to be paid by the owner, shall be paid directly to the Commission or certified to the Tax Collector by the Commission and shall become a lien upon the real estate to be included in the next tax bill rendered to the owner(s) and collected in the same manner as other taxes against the property. This shall only apply to trees planted in the municipal right-of-way by the Commission prior to the adoption and enactment of this article.

I. 

Consent required for certain improvements. No statute giving any person, state, county or municipal board, body or official the power or authority to lay sidewalks along 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 within whose jurisdiction the tree is located. In all cases, the Commission shall reasonably cooperate with the person, board, body or official for the general public good.