[HISTORY: Adopted by the Borough Council of the Borough of
North East 12-4-2017 by Ord. No.
896. Amendments noted where applicable.]
The Shade Tree Commission of the Borough of North East is hereby
established in accordance with and pursuant to the terms and provisions
of Part I of Title 8 of the Pennsylvania Consolidated Statutes (8
Pa.C.S.A. § 101 et seq.) Chapter 27, Subchapter B, § 2721.
In the interpretation of this chapter, the present tense includes
the future; the singular number includes the plural and the plural
includes the singular; and the word "person" includes natural person,
property owner, company, trust, individual, partnership, firm, association,
corporation, or entity of any kind. The following terms shall have
the definitions assigned:
The Borough of North East.
The Borough Council of the Borough of North East.
The Shade Tree Commission of the Borough of North East.
The legal and beneficial owner of land. Where the legal and
beneficial owner of land is served; the term shall include all persons
holding legal and beneficial interests.
The area of any public street, alley, road, highway, way,
or other publicly held thoroughfare within the corporate limits of
the Borough of North East.
Any tree, shrub or other woody plant, which is planted in
any right-of-way, public area, or has a portion of its trunk, branches
or roots extending into any right-of-way.
The Commission shall be composed of three residents of the Borough;
duly appointed by Borough Council to serve without compensation for
a fixed term.
The Commission members shall serve five-year terms as appointed
by Borough Council. Upon establishment of the Commission, the Borough
Council appoints one member to serve a three-year term, one member
to serve a four-year term and one member to a five-year term. Vacancies
to the Commission shall be filled by Borough Council appointment and
the selected candidate shall serve the remainder of the vacated term
of the previous appointee.
The Borough recognizes that properly planted, maintained and
protected shade trees add to the aesthetics of the community and improves
the health and welfare of the Borough and its residents. Additionally,
the Borough recognizes that certain trees throughout the Borough are
damaged, diseased or in such state of distress that modification and
removal are the only viable option. The Borough Council relies on
the Commission to serve in an advisory capacity in order to evaluate,
and assess existing shade trees within the Borough but also provide
guidelines for the removal and replanting of appropriate shade trees.
The Borough Council shall have exclusive care, custody and control
of shade trees in the Borough under Pennsylvania Borough Code § 2720.[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 2720.
A.
Annual reporting. The Commission shall annually report in full to
the Borough Council the scope of the Commission's transactions and
expenses for the last fiscal year.
B.
Notice. If the Commission recommends the planting, transplant or
removal of any shade tree within the boundaries of the Borough; notice
of the time, place and scope of work for such actions shall be provided
to the public in accordance with Pennsylvania Borough Code § 2720.3.[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 2720.3.
C.
Certification of amounts required. The Commission shall yearly certify
to the Borough Council for purposes of general fund budgeting, the
annual, estimated cost associated with the planting, transplanting
or removal of shade trees within the Borough in addition to the public
notification costs associated with the Commission's duties. The
Commission shall utilize funds appropriated, raised through outside
means, or raised by taxation in accordance with Pennsylvania Borough
Code § 2720.1.[2] The Commission may also act as an advisory panel to the
Borough Council on matters having an environmental impact on the Borough,
including, but not limited to, subdivision and land development plans,
park development or improvements, and Borough revitalization and beautification
projects.
[2]
Editor's Note: See 8 Pa.C.S.A. § 2720.1.
D.
Certification of assessments. The Commission shall ascertain and
certify to the Borough Council and the Borough Treasurer the amount
of any proposed assessment associated with the planting, transplanting
or removal of plants, trees, and shrubs within the Borough.
The Commission may create and enforce regulations pertaining
to the planting, transplanting and removal of shade trees within the
Borough upon approval by the Borough Council and enacted through ordinance.
The Commission shall advise the Borough Council as to its recommended
actions pertaining to shade trees within the Borough. The Borough
Council shall be responsible for the administration, execution and
enforcement associated with the planting, transplanting and removal
of shade trees through the office of the Borough Manager in cooperation
with the Streets, Water, Wastewater, and Police Departments.
To the extent provided by ordinance, the Borough Council may
assess penalties, in the form of fines, civil judgements or liens,
for the violation of regulations relating to the planting, transplanting
or removal of shade trees within the Borough.
The provisions of this chapter are severable; and, if any of
its provisions shall be held invalid, the same shall not affect or
impair the remaining provisions, which would have been enacted had
such invalid provisions not been included herein.
The within chapter shall take effect immediately upon passage.
