This chapter shall be known and may be cited as the "Eagles
Mere Borough Shade Tree Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
BOROUGH
The Borough of Eagles Mere.
BOROUGH COUNCIL
The Borough Council of the Borough of Eagles Mere, Sullivan
County, Pennsylvania.
PRIVATE PROPERTY
Land owned by one or more persons which is adjacent to a
right-of-way, extending for a distance of up to 15 feet from the street
line or public street or from the edge of any sidewalk.
PUBLIC STREET
Any street, avenue, boulevard, road, highway, alley or any
other ways used or intended to be used by vehicular traffic or pedestrians
from curb to curb or, where there are no curbs, from the edge of the
berm to the edge of the berm.
RIGHT-OF-WAY
A corridor of land set aside for use, in whole or in part,
for a street.
SHADE TREE
A tree which may exceed 20 feet in height and situated within
the Shade Tree Commission right-of-way. Smaller trees and associated
shrubs are included in specific instances of concern involving public
health and/or safety.
STREET
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alleyway, viaduct and any other ways used by vehicular
traffic, including, if applicable, the area commonly referred to as
"the berm" and shown on the official Borough street maps.
STREET LINE
A line separating a lot from an adjacent street.
The Borough Council of the Borough of Eagles Mere hereby creates
a Shade Tree Commission, to be composed of three residents of the
Borough who shall be appointed by the Borough Council and shall serve
without compensation for their terms of office and with all the rights,
powers, duties and obligations set forth in this chapter.
The members of the Commission shall be appointed by the Borough
Council for terms of five years, provided that for the first members
of said Commission, one member shall be appointed for a term of three
years, one for a term of four years and one for a term of five years.
On the expiration of the term of any Commissioner, a successor shall
be appointed by the Borough Council to serve for a term of five years.
Vacancies in the office of Commissioner shall be filled by the Borough
Council for the unexpired term.
The Shade Tree Commission shall be empowered to:
A. Advise the Borough Council and recommend to individual owners of
private property actions that, in its opinion, should be taken within
the Shade Tree Commission's right-of-way consistent with the
purposes of promoting public safety and natural beauty.
B. Develop or obtain and make available pertinent educational materials
to members of the community.
C. Develop and actively support an annual Arbor Day tree planting/maintenance
work program, education, guidance and direction upon request of Borough
Council.
The Shade Tree Commission's functions are strictly advisory
and educational and may include monitoring and inventory activities
from time to time.
Neither the Shade Tree Commission collectively nor any of its
members individually shall be held liable for any action taken by
the Borough Council under this chapter.
In addition to any other remedies available to the Borough,
a person who shall violate the provisions of this chapter may be contacted
by a representative of the Borough to discuss the violation relative
to the intent of the ordinance regarding tree removal, replacement
or treatment/maintenance. A written notice shall be sent following
the initial contact outlining the work to be done and a time limit
for completion. Noncompliance with the notice may result in Borough
Council authorizing the removal, trimming or treatment at the owner's
expense.