There is hereby created a Township Shade Tree
Commission which shall be known as the "Palmer Township Shade Tree
Commission," hereinafter called the "Commission."
[Amended 2-21-2023 by Ord. No. 2023-475]
The Commission shall be composed of five persons
all of whom shall be residents of the Township. The Commission members
shall serve without compensation. The Board of Supervisors shall appoint
Commission members to staggered terms so that one term expires every
year. On the expiration of the term of any Commission member, a successor
shall be appointed by the Board to serve for a term of five years.
When a vacancy in office occurs, the Palmer
Township Board of Supervisors may appoint a qualified person to fill
the unexpired term.
The Commission shall report annually to the
Palmer Township Board of Supervisors.
The Commission shall have custody and control
of all shade trees in and upon township lands, roads and rights-of-way
and may locate, plant, remove, maintain and protect such trees. The
Commission may also locate, plant, remove, maintain and protect trees
along township roads. All newly planted trees shall be at points 10
or more feet from curblines consistent with the Palmer Township Right-of-Way
and Weed Ordinance.
The Township Board of Supervisors may make the
services of the Township Solicitor, Engineer or other employees available
to the Commission when necessary.
If any owner, person or other entity shall, after notice, fail to comply with any lawful directive issued pursuant to this ordinance, the township may perform the necessary work or authorize others to do so and bill such person or other entity for the same. If such bill remains unpaid for 30 days, the same may be filed and collected as a municipal claim against the property in question. The filing of a lien shall not prevent the imposition of penalties under §
32-10 hereof.
No person, partnership, corporation, trust or
other entity shall without permission or good cause injure or destroy
any tree in the custody or control of the Commission.
Any person, partnership, corporation, trust
or other entity who or which fails to comply with or violates any
of the provisions of this ordinance or directive issued thereunder
or who takes part in or aids, abets or assists in any way in such
violation, whether through action, inaction, negligence or otherwise,
shall be liable, upon conviction for each offense in a summary proceeding
before any Alderman, District Magistrate or Justice of the Peace,
and shall pay a fine or penalty to the township for the use of the
Shade Tree Commission in an amount of not less than $10 nor more than
$300 or be sentenced to imprisonment in the county prison for a period
not exceeding 30 days as provided by law. Each day on which any violation
of this ordinance continues shall constitute a separate offense.