The Commissioners hereby create the "Shade Tree
Commission" of the Township of South Whitehall.
The Commission shall have exclusive custody
and control of the shade trees in the Township, and is authorized
to plant, remove, maintain and protect shade trees on the public streets
and highways in the Township.
The Shade Tree Commission shall be composed
of three residents of the Township, appointed by the Township Commissioners,
who shall serve without compensation. The members of the Commission
shall serve for terms of five years or until their successors are
appointed, except that the members of such Commission first appointed
shall be appointed for the following terms: 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. Vacancies in the Shade Tree Commission,
occurring otherwise than by expiration of term, shall be filled for
the unexpired term in the same manner as the original appointments.
The Shade Tree Commission shall annually report
in full, to the Township Commissioners, its transactions and expenses
for the last fiscal year of the Township.
[Amended 4-13-1981 by Ord. No. 325]
The Commission may, with the approval of the
Township Commissioners, employ and pay such superintendents, engineers,
foresters, tree wardens or other assistants, as the proper performance
of the duties devolving upon it shall require.
Whenever the Shade Tree Commission proposes
to plant, transplant or remove shade trees on any street or highway,
notice of the time and place of meeting at which such work is to be
considered shall be given in a newspaper of general circulation in
the Township once a week for two weeks immediately preceding the time
of the meeting. The notice shall specify in detail the streets or
highways or portions thereof, upon which trees are proposed to be
so planted, replanted or removed.
The Commission may, upon 30 days, notice in
writing, sent by certified mail, return receipt requested, to the
occupant or the owner appearing in the records of the County Tax Assessor's
Office, require owners of property to cut and remove trees afflicted
with the Dutch elm or other disease which threatens to injure or destroy
shade trees in the Township, under regulations prescribed by ordinance.
Upon failure of any such owner to comply with such notice, the Township
may cause the work to be done by the Township and levy and collect
the cost thereof from the owner of the property. The cost of such
work shall be a lien upon the premises from the time of the commencement
of the work, which date shall be fixed by the Township Engineer and
shall be filed with the Township Secretary. Any such lien may be collected
by action in assumpsit or by lien filed in the manner provided by
law for the filing and collection of municipal claims.
[Amended 7-6-2005 by Ord. No. 816]
A. The cost and expense of caring for such trees after having been planted, other than those costs to be paid by the landowner pursuant to §
17-20 hereof, or those to be paid pursuant to a Maintenance Agreement with a developer, and the expense of publishing the notice hereuntofore provided, shall be paid by the Township.
B. The needed amount shall each year be certified by
the Shade Tree Commissioners to the Township Commissioners, and shall
be drawn against as required by the Commission, in the same manner
as money appropriated for Township purposes.
C. The Township Commissioners, instead of levying the
tax authorized under the general tax levying powers of this Act, may
provide for the expense of caring for trees already planted and of
publishing the notice, by appropriations equal to the amount certified
to be required by the Shade Tree Commission.
[Amended 2-7-1989 by Ord. No. 449; 7-6-2005 by Ord. No.
816]
A. Except for removals required by the Township in accordance with §
17-21, a shade tree permit shall be secured from the Township prior to the planting, cutting or removal of a shade tree. A permit shall be denied if the information submitted is incomplete, erroneous or otherwise unsatisfactory. Failure to secure a shade tree permit or to adhere to the conditions of approval of the permit within the specified time frame shall constitute a violation of this article.
B. The willful injury or killing of a living shade tree
by cutting, debarking, breaking, the use of herbicides or any other
manner, without a Shade Tree Permit allowing for the same, shall constitute
a violation of this article.
C. Any person violating the provisions of this article
shall, upon conviction before a magisterial district judge of appropriate
jurisdiction, be liable to pay costs of prosecution and a fine as
follows:
(1) For willfully, without a shade tree permit, injuring
or killing a living shade tree by cutting, debarking, breaking, by
the use of herbicides or in any other manner wherein it is determined
by the magisterial district judge that such damage or destruction
was intentionally inflicted, a fine of not less than $200 nor more
than $600.
All penalties or assessments imposed under this
article shall be paid to the Township Treasurer, to be placed to the
credit of the Shade Tree Commission, subject to be drawn by the Commission
for the purposes of the preceding section.