§ 4-61.1. Shade Tree Commission.

A. 

Preamble. The Township has acquired and will continue to acquire various public lands, and the Township right-of-way has increased and will continue to increase with the future development of the Township. It is in the best interests of the Township to create a Shade Tree Commission in order to encourage proper arboriculture and desirable horticultural activities, to develop and periodically update a community forest and shade tree plan for the care, planting and location of trees and shrubbery on public land and in public rights-of-way and to set policy for the maintenance of the trees and shrubbery in such areas.

B. 

Creation; appointment; terms of office; vacancies; compensation.

(1) 

There is hereby created a Shade Tree Commission, which shall be known as the "Shade Tree Commission of West Windsor Township." The Commission shall consist of five members appointed by the Mayor with the advice and consent of Township Council. The members shall be residents of the Township and shall serve without compensation.

(2) 

The members shall serve for terms of five years each. However, the initial appointments shall be staggered for respective periods of one, two, three, four and five years. The initial term of appointment shall be designated at the time of appointment. Terms shall expire on December 31 of the year of expiration.

[Amended 6-1-2010 by Ord. No. 2010-11]

Editor’s Note: This ordinance stated it would be effective 1-1-2011 as provided by Chapter 196 of the Laws of 2009.

(3) 

All appointments to fill vacancies shall be for the unexpired term.

(4) 

A Chairperson shall be elected annually by the Commission. The Chairperson shall serve without compensation.

(5) 

A Secretary shall be elected annually by the Commission. The Secretary shall serve without compensation.

C. 

Powers. The Commission shall have, but not be limited to, the following powers:

(1) 

Establish Township policy for the regulation, planting and care of shade and ornamental trees and shrubbery now located or which may hereafter be planted in any public right-of-way, park and all other property owned by the Township, except state and county highways unless the Department of Transportation or County of Mercer shall consent thereto. Tree and shrubbery care shall include trimming; removing any tree, or part thereof, dangerous to public safety; treating or removing any tree which is believed to harbor a disease or insects readily communicable to neighboring healthy trees; spraying; fertilizing; and other care and protection.

(2) 

Advise the Township concerning the appropriate use of the ground surrounding shade and ornamental trees and shrubbery insofar as may be necessary for their proper growth, care and protection.

(3) 

Encourage proper arboricultural practices throughout the Township.

(4) 

Encourage desirable horticultural planting and activities throughout the Township and particularly on public properties.

(5) 

Administer Arbor Day activities within the Township.

(6) 

Develop a community forestry and shade tree master plan for the Township, including a tree inventory and tree disaster plan.

(7) 

Recommend to the Planning Board plans and programs for inclusion in the Municipal Master Plan for the development and use of public land and rights-of-way.

D. 

Community forestry and shade tree master plan. It shall be a function and duty of the Shade Tree Commission to make, adopt and adhere to a master plan for the planting of shade and ornamental trees and shrubbery. This plan shall be reviewed and updated periodically.

E. 

Municipal arborist. The Shade Tree Commission may use the services of a Township employee as an arborist who shall consult with the Commission on arboriculture tasks.

(1) 

Qualifications. The arborist shall be thoroughly knowledgable and experienced in tree species, tree diseases, insects affecting trees, tree damage, tree maintenance, soil conditions affecting trees and tree transplanting and shall be a certified tree expert (CTE).

(2) 

Duties. The duties of the arborist may include:

(a) 

To inspect or supervise planting, maintenance and treatment work authorized by the Shade Tree Commission.

(b) 

To assist the Township Engineer with inspection of plantings required with site development by the Planning Board, Zoning Board, Township Engineer or Township Council.

(c) 

To advise or assist the Commission in evaluation of plans, drawings or specifications involving existing trees or proposed tree planting in or affecting the Township.

(d) 

To perform other tasks in the field of arboriculture related to the Township.

(e) 

To oversee administration of the West Windsor Trees Ordinance (Chapter 170 of the West Windsor Code) and this section.

F. 

Annual appropriation; estimate; amount. During the month of September in each year, the Shade Tree Commission shall forward to the Director of Community Development the estimated sum necessary for the proper conduct of its work during the ensuing calendar year. The Township Council shall annually appropriate such sum as it may deem necessary for said purposes.

G. 

Removal of Commission member. The Mayor may remove any member of the Commission for cause on written charges served upon the member and after a hearing thereon before the Commission at which the member shall be entitled to be heard in person or by counsel.

Added 11-29-1999 by Ord. No. 99-34; amended 4-7-2008 by Ord. No. 2008-02