[HISTORY: Adopted by the Borough Council of the Borough of Trappe 8-2-1994 by Ord. No. 299 (Part 2, Ch. 3, Art. C, of the 1987 Code). Amendments noted where applicable.]
The following words and phrases, when used in these regulations, shall have the meaning hereby ascribed to them, except in those instances where context clearly indicates a different meaning:
- The Shade Tree Commission of the Borough of Trappe as appointed by Borough Council.
- Any permit in writing as issued by the Code Enforcement Officer or his designee.
- Any natural person, form, association, partnership or corporation.
- PUBLIC HIGHWAY
- Any street, sidewalk or alley open to the public.
- The Secretary of the Shade Tree Commission.
- SHADE TREE
- Any tree, shrub or other woody plant in and along the public streets and highways in the Borough of Trappe.
In these regulations, the singular shall include the plural, and the masculine shall include the feminine.
The Borough hereby establishes a commission to be known as the Shade Tree Commission. The Commission shall be composed of five residents of the Borough, who shall be appointed by the Council, and shall serve without compensation. Two members shall be appointed for a term of three years, two members for a term of four years, and the other member for a term of five years. On the expiration of the term of any Commissioner, a successor shall be appointed by Council to serve for a term of five years. Vacancies in the office of Commissioner shall be filled by the Council for the unexpired term. The Commission shall meet from time to time as members determine to be necessary, such meetings shall be duly advertised and open to the public.
The Commission shall have the responsibility to plan and make recommendations to Borough Council for the planting, replacement, removal, protection, and needed maintenance of shade trees on public roads and in public spaces in the Borough in accordance with the landscaping provisions of Chapter 295, Subdivision and Land Development. The Commission shall survey all such shade trees annually and report to Borough Council. It shall specifically be responsible for implementing a new tree planting plan in accordance with the tree planting provisions of Montgomery County Open Space Program.
Whenever the Commission formally recommends that the Borough plant, transplant, remove, or prune shade trees on any street or public area, notice of the time and place of meeting at which work is proposed shall be given in at least one newspaper of general circulation in the Borough once a week for two weeks immediately preceding the time of the meeting. The notice shall specify in detail the public streets or public areas upon which the proposed action will occur.
The Commission shall annually report in full to the Borough Council its transactions, expenses, and related activities for the last fiscal year of the Borough.
The Commission shall, whenever necessary and wherever called upon, advise concerning the installation, maintenance, replacement or removal of all new and existing plantings provided as part of land development or provided in public areas. The goal and objective of the Commission shall be to establish an orderly planning of shade trees within the Borough of Trappe subject to the applicable standards of Chapter 295, Subdivision and Land Development, and any other ordinances of the Borough.
The Commission may recommend to Borough Council that, upon 30 days' prior written notice, the owner(s) of a property should be required to cut and remove trees or parts thereof because of the disease or a similar adverse condition of such shade tree which may be a threat to the public health, welfare or safety. Borough Council may take the appropriate measures in accordance with the ordinances of the Borough of Trappe, where appropriate in its sole discretion and judgment, to have such tree removed or otherwise trimmed or cut. Notwithstanding the aforesaid, the Borough reserves the right, without prior notice to property owner(s), where, in its sole discretion, it is necessary to act to abate a clear, present and immediate threat to the public health, safety, or welfare caused by the condition of shade trees or trees or parts thereof.
Public utility companies shall notify the Code Enforcement Officer prior to pruning any tree located on Borough-owned property for the purpose of maintaining safe line clearance and shall carry out all such work in accordance with accepted arboricultural standards. If accepted arboricultural standards are not followed, the Code Enforcement Office will immediately file a formal complaint with the state utility regulatory agency.