[HISTORY: Adopted by the Board of Supervisors of the Township of
Palmer 12-16-1974 as Ord. No. 160. Amendments noted where applicable.]
GENERAL REFERENCES
Rights-of-way, visual obstructions and weeds — See Ch. 186.
There is hereby created a Township Shade Tree Commission which shall
be known as the "Palmer Township Shade Tree Commission," hereinafter called
the "Commission."
The Commission shall be composed of three persons all of whom shall
be residents of the township. The Commission members shall serve without compensation
for a term of five years and shall be appointed by the Palmer Township Board
of Supervisors.
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.[1]
The Township Board of Supervisors may make the services of the Township
Solicitor, Engineer or other employees available to the Commission when necessary.
A.
The Commission may require that the owner or person or
entity having control of any tree located in Palmer Township trim or cut and
remove such tree if the same is afflicted with the Dutch elm or other disease
which threatens to injure or destroy other shade trees in the township, or
if the same is obstructing township roads or rights-of-way or is about to
fall and is dangerous. Such trees are hereby declared to be nuisances. Trees
shall clear roads by at least 14 feet.
B.
The Commission may, with the approval of the Board of
Supervisors, require that the owner or person or entity having control of
property adjoining or coincidental with township roads or rights-of-way plant
and maintain shade trees of a type specified by the Commission.
C.
The Commission may prohibit any activity which injures
shade trees in and upon township lands, roads and rights-of-way or which injures
trees which immediately adjoin the same.
D.
The Commission may purchase and sell or give shade trees
to property owners or persons or entities having control of property adjoining
roads.
E.
The Commission may disseminate information to the public
relative to the care and control of trees and the planting of the same.
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.
