[HISTORY: Adopted by the Board of Supervisors
of Falls Township 3-11-1963. Amendments noted where applicable.]
A Shade Tree Commission is hereby created.
The Commission shall be composed of three residents
of the Township, who shall serve without compensation and who shall
be appointed by the Township Supervisors as follows: 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 term of any Shade
Tree Commissioner, a successor shall be appointed by the Township
Supervisors to serve for a term of five years.
Vacancies in the office of Shade Tree Commissioner
shall be filled by the Township Supervisors for the unexpired term.
A.
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.
B.
The Commission
shall have the authority to review and comment upon any land development
plans submitted to the Township for approval. When needed, the Commission
shall conduct a public meeting at the Township building on the same
day and at the same location as the Planning Commission to discuss
any pending land development plans. Unless otherwise announced, the
meeting shall occur 1/2 hour prior to the start of the Planning Commission
meeting.
[Added 10-16-2012 by Ord. No. 2012-08]
A.
The Commission may, with the approval of the Township
Supervisors, employ and pay such superintendents, engineers, foresters,
tree wardens or other assistants as the proper performance of the
duties devolving upon it shall require, and may make, publish and
enforce regulations for the care and protection of the shade trees
of the Township.
B.
No such regulation shall be in force until it has
been approved by the Township Supervisors and until it has been published
at least twice in not more than two newspapers of general circulation
in the Township, and if no newspapers are published in the Township,
then in such newspapers as circulate in the Township.
The Shade Tree Commission shall annually report
in full to the Township Supervisors its transactions and expenses
for the fiscal year of the Township.
A.
The Commission may, upon such notice as may be provided
by ordinance, 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.
B.
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 costs thereof from the owner of the property.
C.
The cost of such work shall be a lien on 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.
D.
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.
A.
Upon the filing of the certificate of the Shade Tree
Commission with the Township Supervisors, the Township Secretary shall
cause 30 days' written notice to be given to the person against whose
property an assessment has been made for the removal of trees.
B.
The notice shall state the amount of the assessment
and the time and place of payment and shall be accompanied by a copy
of the certificate.
C.
The amount assessed against the real estate shall
be a lien from the time of the filing of the certificate with the
Township Supervisors, and if not paid within the time designated in
the notice, a claim may be filed and collected by the Township in
the same manner as municipal claims are filed and collected.
The cost and expense of caring for such trees
after having been planted and the expense of publishing the notice
hereinbefore provided shall be paid by the Township.
The annual budget shall each year be certified
by the Shade Tree Commission to the Township Supervisors. The sum
appropriated by the Township Supervisors may be drawn against by the
Commission in the same manner as money appropriated for Township purposes.
All penalties or assessments imposed under this
chapter shall be paid to the Township Treasurer, to be placed to the
credit of the Shade Tree Commission, subject to being drawn upon by
the Commission for the purposes of the preceding sections.
