[HISTORY: Adopted by the Borough Council of the Borough of
Whitaker as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-10-1990 by Ord. No. 2-1990]
There is hereby created a Planning Committee of five members
who shall serve without compensation, but may be reimbursed for necessary
and reasonable expenses. However, any elected or any appointed officers
or employees of the Borough shall not, by reason of membership thereon,
forfeit the right to exercise the powers, perform the duties, or receive
the compensation of any other municipal offices held by them during
such membership.
All members of the Committee shall be appointed by Council.
The term of the member shall be for four years or until his successor
is appointed and qualified, except that the terms shall be so fixed
that no more than two shall be reappointed or replaced in any calendar
year. The Chairman of the Planning Committee shall promptly notify
Council concerning vacancies, and such vacancy shall be filled for
the unexpired term.
All the members of the Planning Committee shall be residents
of the municipality; provided, however, that at all times hereto not
more than two members may be an officer or employee of the municipality,
and three such members shall always be citizen members.
Any member of the Planning Committee once qualified and appointed
may be removed from office for malfeasance, misfeasance or nonfeasance
in office or for any other just cause by a majority vote of Council,
taken after the member has received 15 days advanced notice of intent
to take such a vote. A hearing shall be held in connection with the
vote if the member shall request a hearing in writing. Any appointment
to fill a vacancy created by a removal shall only be for the unexpired
term. Additionally, failure of a member to attend more than two consecutive
meetings without cause, or failure to attend at least 2/3 of the regularly
scheduled meetings of the Planning Committee in any given year, shall
in itself be deemed just cause for removal and Council may declare
his office as a member of the Planning Committee vacant and may fill
such vacancy as provided in this article. Further, Council may declare
the seat of a member vacant in the event he shall fail to attend three
or more consecutive meetings because of his occupation, or any other
reasons ordinarily accepted as just cause, if in the opinion of Council
the operation of the Planning Committee is being impaired. In this
connection, opinion of the remaining members of the Planning Committee
will be given due consideration and noted in the minutes of the Council
meeting when a vote is taken.
The Committee shall elect from its own members a Chairman, Vice
Chairman and Secretary. Officers shall serve annual terms and may
succeed themselves. The Committee may make and alter bylaws and rules
and regulations to govern its procedures consistent with the ordinances
of the Borough and the laws of the Commonwealth of Pennsylvania, and
shall keep a full record of its business and shall annually make a
written report by March 1 of each year of its activities to the governing
body. Interim reports may be made as often as necessary or as required
by the governing body.
A.
B.
The Planning Committee, at the request of Council, may:
(1)
Make recommendations to Council concerning the adoption or amendment
of an Official Map;
(2)
Prepare and present to Council a Zoning Ordinance, and make recommendation
to Council on proposed amendments;
(3)
Prepare, recommend and administer subdivision and land development
and plan residential development regulations according to law;
(4)
Prepare and present to Council a Building Code and a Housing Code,
and make recommendations concerning proposed amendments thereto;
(5)
Do such other acts or make such studies as may be necessary to fulfill
the duties and obligations proposed by the Municipalities Planning
Code.
(6)
Prepare and present to Council an environmental study;
(7)
Submit to Council a recommended capital improvements program;
(8)
Prepare and present to Council a water survey, which shall be consistent
with the State Water Plan, and any applicable water resources plan
adopted by a river basin commission. The water survey shall be conducted
in consultation with any public water supplier in the area to be surveyed;
(9)
Promote public interest in, and understanding of, the Comprehensive
Plan and planning;
(10)
Make recommendations to governmental, civic and private agencies
and individuals as to the effectiveness of the proposals of such agencies
and individuals;
(11)
Hold public hearing and meetings;
(12)
Present testimony before any board;
(13)
Require from other departments and agencies of the Borough such available
information as relates to the work of the Planning Committee;
(14)
In the performance of its functions, enter upon any land to make
examinations and surveys with the consent of the owner;
(15)
Prepare and present to Council a study regarding the feasibility
and practicability of using renewable energy sources in specific areas
within the Borough;
(16)
Review the Zoning Ordinance, Subdivision and Land Development Ordinance,
Official Map, provisions for plan residential development and such
other ordinances and regulations governing the development of land
no less frequently than it reviews the Comprehensive Plan.
Council may employ administrative and technical services to
aid in carrying out the provisions of this article either as consultants
on particular matters or as regular employees of the Borough.
The Planning Committee may, with the consent of the Council,
accept and utilize any funds, personnel or other assistance made available
by the county, the commonwealth or the federal government or any of
their agencies, or from any private sources. Council may enter into
agreement or contracts regarding the acceptance or utilization of
the funds or assistance in accordance the governmental procedures
of the Borough.
[Adopted 4-14-2004 by Ord. No. 1-2004]
A Commission, to be known as the "Shade Tree Commission of the
Borough of Whitaker," is hereby created under authority of the Borough
Code, as amended, 8 Pa.C.S.A. § 2721 et seq.
A.
BOROUGH
COMMISSION
COUNCIL
SHADE TREE
Definitions. The following words and phrases, when used in this article,
shall have the meanings hereby ascribed to them, except in those instances
where the context indicates a different meaning:
The Borough of Whitaker, Allegheny County, Pennsylvania.
The Shade Tree Commission of the Borough of Whitaker.
The Borough Council of the Borough of Whitaker, Allegheny
County, Pennsylvania.
Any tree, shrub, hedge or other woody plant on any public
highway, park or Borough-owned property in the Borough of Whitaker,
or any tree, shrub, hedge or other woody plant which extends within
the limits of any public highway, park or Borough-owned property.
B.
Construction. In this article, the singular shall include the plural,
and the masculine shall include the feminine and neuter.
A.
Composition. The Commission shall be composed of at least three residents
of the Borough of Whitaker, who shall be appointed by Council and
shall serve without compensation.
B.
Terms. Council shall appoint the initial members of the Commission
for the following terms retroactive to January 1, 2004: one member
shall be appointed to serve a term of three years; one member shall
be appointed to serve a term of four years; and one member shall be
appointed to serve a term of five years. The initial members of the
Commission may continue to serve beyond the expiration date of their
terms if there is a delay in appointing their successors. On the expiration
of the term of any of the initial members of the Commission, a successor
shall be appointed by Council to serve a term of five years. Successors
may continue to serve beyond the expiration date of their terms if
there is a delay in appointing their successors.
C.
Vacancies. Vacancies in the Commission shall be filled by the Council
for the remainder of the unexpired term of the member whose seat on
the Commission became vacant.
The Shade Tree Commission shall perform all duties and may exercise
the powers conferred to it by the Borough Code, as amended, 8 Pa.C.S.A.
§ 2721 et seq. Such duties and powers shall include, but
not necessarily be limited to, the following:
A.
The Commission shall have exclusive custody and control of the shade
trees in the Borough which come under its jurisdiction as defined
in § 11-17 of this article.
B.
The Commission is empowered to authorize planting, removal, maintenance
and protection of shade trees under its jurisdiction as defined in
§ 11-17 of this article.
C.
Identification of new planting sites by the Commission is subject
to the review and final approval of Council.
D.
The Commission, with the advance approval of Council, may engage,
hire or employ such arborists, foresters, tree wardens, engineers
or other such professional persons as the duties and responsibilities
of the Commission may require.
E.
The Commission shall not maintain any separate accounts or monies.
No expense or cost to support the activities of the Commission shall
be paid without the express authorization and approval of Council.
F.
The Commission may make, enforce and recommend regulations for the
care and protection of shade trees in the Borough; provided, however,
that no regulations shall be in force until they have been approved
by the Council and enacted as an ordinance.
Whenever the Commission proposes to plant, transplant, or remove
any shade trees on any street in the Borough, notice of the time and
place of the meeting of the Commission at which such work is to be
considered shall be given in 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 streets
or portions upon which trees are proposed to be planted, replanted,
or removed.
A.
Costs.
(1)
The cost of pruning or removing any shade trees and stumps along
the streets and public highways in the Borough and planting a replacement
tree shall be the responsibility of the property owner.
(2)
The cost of the necessary suitable guards, curbing or grading for
the protection thereof and the replacement of any pavement, driveway
or sidewalk necessarily disturbed in the execution of such work shall
also be paid by the owner of the real estate abutting where the work
is done.
B.
Liens for costs; collection.
(1)
The Commission shall calculate the amount each owner shall pay for the costs of planting, transplanting, removing and pruning shade trees or providing guards, curbing or grading, and of replacing any pavement, driveway or sidewalk as described in Subsection A above. The Commission shall make a written certification to Council of the amount to be assessed against an owner for planting, transplanting, removing and pruning shade trees or any other work as described in Subsection A above.
(2)
Upon filing of the written certification of the amount assessed against
an owner, the Borough Secretary shall give 30 days written notice
to every owner against whose property an assessment has been made.
The notice shall state the amount of the assessment and the time and
place of payment, and shall be accompanied with a copy of the certification
of the amount of the assessment.
(3)
The amount assessed against the real estate shall be a lien from
the time of the filing of the written certification with Council.
The Borough Solicitor may collect any such lien either by the filing
of a civil action or by the filing of a claim to be collected in the
same manner as municipal claims are filed and collected. If not collected
sooner, liens for work done on a property as well as any fines and
costs outlined above will be collected at the time the real estate
is transferred to a new owner.
A.
The provisions of this article and the Commission's regulations for
the care and protection of shade trees in the Borough shall be enforced
by the Commission in conjunction with the Mayor and the Borough police.
B.
No person shall prevent, delay or interfere with the Commission,
Council or Borough employees or any person employed to execute or
enforce the Commission's regulations for the care and protection of
shade trees in the Borough, provided that nothing herein shall be
construed as an attempt to prohibit a public hearing or the pursuit
of any remedy, legal or equitable, in any court of competent jurisdiction
for the protection of property rights by the owner of any property
within the Borough.
C.
Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding under the Pennsylvania Rules
of Criminal Procedure, be guilty of a summary offense and shall be
punishable by a fine of not more than $1,000, plus court costs and
reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Borough correctional facility for a period not exceeding
10 days or to the county correctional facility for a period not exceeding
30 days. In addition to or in lieu of enforcement under this section,
the Borough may enforce this article in equity in the Court of Common
Pleas of Allegheny County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
D.
The continuation of any violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided above
for each separate offense.
