[HISTORY: Adopted by the Borough Council of the Borough of Waynesboro 11-6-1991
by Ord. No. 936. Amendments noted where applicable.]
GENERAL REFERENCES
Trees — See Ch. 272.
This chapter shall be known and may be cited as the "Shade Tree Ordinance
of the Borough of Waynesboro."
For the purpose of this chapter the following terms, phrases, words,
and their derivations shall have the meaning given herein. When not inconsistent
with the context, words used in the present tense include the future, words
in the plural include the singular, and words in the singular include the
plural. The word "shall" is mandatory and not merely directory.
The Borough of Waynesboro, Franklin County, Pennsylvania.
All Borough-owned parks and playgrounds.
Any natural person, partnership, association, corporation, or other
entity of any kind.
The person owning any parcel of property or the Borough in the case
of public places or public streets.
Any tree or shrub or parts thereof growing in any public place or
upon private property but overhanging or interfering with the use of any street,
park or public place in the Borough of Waynesboro which, in the judgment of
the Commission, endangers the life, health, safety or property of the Borough.
Includes all other grounds owned by the Borough of Waynesboro.
Includes all shade and ornamental trees now or hereafter growing
on any street, park, or any public places where otherwise indicated.
The body under whose jurisdiction all public trees fall.
The entire width of every public way or right-of-way when any part
thereof is open to the use of the public, as a matter of right, for purposes
of vehicular and/or pedestrian traffic.
A.Â
There shall be created a Commission to be known and designated
as the "Shade Tree Commission." The Commission shall consist of a minimum
of three members who will serve without compensation.
(1)Â
One member shall serve for three years, one for four
years, and one for five years.
(2)Â
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.
(3)Â
Vacancies in the Office of Commissioner shall be filled
by Borough Council for the unexpired term.
B.Â
The duties of the Shade Tree Commission shall be as follows:
(1)Â
The Commission shall have the authority to prepare and
recommend to Borough Council a street tree plan for all trees in or upon the
public streets, parks, and other public places which in its opinion shall
effectuate the provisions of this chapter. Such plan shall become effective
upon approval of the Borough Council.
(2)Â
The Commission shall have exclusive custody and control
of the shade trees in streets or other public places, and is authorized to
plant, remove, maintain, and protect shade trees on the public right-of-way,
streets and property within the municipality.
(3)Â
Specific duties include, but are not limited to:
(a)Â
To study the problems and determine the needs of the Borough
of Waynesboro, County of Franklin, with regard to its tree planting program.
(b)Â
To recommend to Borough Council the type and kind of trees to
be planted upon such streets, or in parks or other public places as is designated,
and to promulgate rules and regulations governing shade trees on streets or
other public places within the Borough of Waynesboro, and to recommend same
to Borough Council for consideration.
(c)Â
To assist the Borough of Waynesboro, the Borough Council, and
citizens of the Borough, in the dissemination of news and information regarding
the selection, planting, and maintenance of trees within the Borough, whether
the same be on private or public property, and to make such recommendations
from time to time to the municipal governing body as to desirable legislation
concerning the tree program and activities for the Borough.
(d)Â
To provide regular and special meetings at which the subject
of trees insofar as it relates to the Borough may be discussed by the members
of the Commission, officers and personnel of the Borough.
C.Â
Within a reasonable time after the appointment of said
Commission and the approval of the members thereof, upon call of the Borough
Council, said Commission shall meet and organize by the election of a Chairman.
The said Commission shall then provide for the adoption of rules, regulations
and procedures, and for the holding of regular and special meetings as said
Commission shall deem advisable and necessary in order to perform the duties
set forth.
Any person aggrieved by any decision of the Commission shall have the
right to appeal to Borough Council, who shall have ultimate authority.
Any person who shall violate or fail to comply with any of the provisions
of the chapter or of regulations adopted by Borough Council pursuant to the
chapter, shall be liable, on conviction thereof, to pay a fine or penalty
not exceeding $300 for each and every offense. Whenever such person shall
have been notified by the Commission or by service of Summons in Prosecution,
or in any other way that he is committing such violation, each day which he
shall continue such violation after any such notifications shall constitute
a separate offense punishable by like fine or penalty. Such fines or penalties
shall be paid to the Borough Treasurer to be placed to the credit of the Commission.
Prosecution shall be by way of a summary proceeding before a Magisterial District Judge.
Any proposed prosecution under this chapter must be approved, in advance,
by Borough Council.
Notwithstanding any other provision of this chapter, it is hereby declared
that the Shade Tree Commission is a recommending body only, and that all policy-making
authority remains with Borough Council. Furthermore, Borough Council may alter,
amend, or reverse any decision of the Commission at its sole discretion without
being required to give reason therefor. The Commission shall take no action,
of any kind, without first giving Borough Council an opportunity to consider
same at a regularly constituted meeting.
