[HISTORY: Adopted by the Borough Council
of the Borough of Old Forge 10-17-2006 as §§ 143-1 and 143-3 of Ord. No. 2006-10. Amendments noted where applicable.]
GENERAL REFERENCES
Trees — See Ch. 322.
There is hereby created a Commission to be known
and designated as the "Shade Tree Commission of the Borough of Old
Forge," pursuant to the provisions of the Act of February 1, 1966,
P.L. (1965) 1656, No. 581, Section 2721 (53 P.S. § 47721).
A.
There shall be created a Commission known and designated
as the "Shade Tree Commission." The Commission shall consist of three
residents of the Borough, who shall be appointed by Council of the
Borough of Old Forge and who shall serve without compensation. Upon
establishment, Council shall appoint one member for a term of three
years; one member for a term of four years; and one member for a term
of five years. Upon the expiration of the initial term of any member,
a successor shall be appointed by Council for a term of five years.
Any vacancy occurring in the office of the Commission shall be filled
by the Council for the unexpired term.
B.
The Commission shall have the powers and duties set
forth in this chapter and as may be prescribed by Borough Council
from time to time by ordinance or resolution duly enacted or approved
by Borough Council. The Commission shall operate under the guidance
of the Borough Manager as directed by Borough Council and in cooperation
with the District Forester.
C.
The Commission shall have the exclusive custody and
control of all shade trees within the street rights-of-way and along
the streets and highways of the Borough and may plant, remove, maintain
and protect shade trees along the streets and highways of the Borough.
The Commission may require the planting or replanting of shade trees,
and alignment and locations of the trees shall be determined by the
Commission, but the Commission shall not prevent necessary and reasonable
use of the streets, sidewalks, abutting property or the conduct of
business.
D.
The Commission's powers and duties shall include,
but not be limited to:
(1)
Studying the problems and determining the needs of
the Borough in connection with its tree planting program.
(2)
Recommending to Borough Council the type and kind
of trees to be planted upon such Borough streets, parks of the Borough
or parks as designated.
(3)
Assisting the Borough, as well as the citizens of
the Borough, in the dissemination of news and information regarding
the selection, planting and maintenance of trees within the Borough
limits, whether the same shall be on private or public property.
(4)
Making recommendations, from time to time, to the
Borough Council regarding desirable legislation regarding the tree
program activities of the Borough.
(5)
Providing regular and special meetings at which the
subject of trees, insofar as it relates to the Borough, may be discussed
by members of the Commission, officers and personnel of the Borough
and its several divisions and all others interested in the tree program.
However, the Shade Tree Commission shall meet at least once each year,
unless otherwise directed by Borough Council.
E.
The Commission shall have the authority to prepare
and adopt a street tree plan for all trees in or upon the public streets,
highways, avenues, parks, parkways and other public areas which, in
its opinion, shall effectuate the provisions of this chapter, provided
that such plan shall not become effective until approved by the Borough
Council.
F.
The Commission may not hire any employees or contract
to have any work done without prior approval of Borough Council.
G.
There shall be close cooperation between the Commission
and other Borough departments when their work affects shade trees
on or along the streets and highways of the Borough. The Commission
shall add its approval to all building permits that may affect shade
trees in the Borough. All sewer, lighting and paving plans should
also be cleared with the Commission.
