[Ord. 683, 4/8/2014]
1. 
There is hereby established a Commission to be known and designated as the "Shade Tree Commission of the Borough of West Homestead, Pennsylvania."
2. 
The Shade Tree Commission shall consist of three members who shall be residents of the Borough, shall be appointed by the Borough Council, and shall serve without compensation. The Borough Council shall appoint members to staggered terms so that one term expires every year. On the expiration of the term of any Commissioner, a successor shall be appointed by Council to serve for a term of five years.
3. 
The terms of the office of Commissioner for the initial appointees shall expire on December 31 of each year such that one term will expire on December 31, 2014, one term will expire on December 31, 2015, and one term will expire on December 31, 2016. Thereafter, each term of office shall be for five years.
4. 
Vacancies in the office of Commissioner shall be filled by the Borough Council for the unexpired term.
[Ord. 683, 4/8/2014]
The following words and phrases, when used herein, shall have the meanings hereby ascribed to them, except in those instances where the context indicates a different meaning:
BOROUGH
The Borough of West Homestead, Pennsylvania.
COMMISSION
The Shade Tree Commission of the Borough of West Homestead.
PERMIT
Any permit, in writing, as issued by the Secretary of the Shade Tree Commission.
PERSON
Any natural person, firm, association, partnership or corporation.
PUBLIC STREET, HIGHWAY OR AVENUE
Any street, sidewalk or alley open to the public within the right-of-way lines thereof.
SECRETARY
The Secretary of the Shade Tree Commission of the Borough of West Homestead.
SHADE TREE
Any tree, shrub, or any other woody plant on any public street in the Borough of West Homestead, or that part of any tree, shrub or other woody plant which extends within the lines of any public street in the Borough.
[Ord. 683, 4/8/2014]
1. 
The Shade Tree Commission shall have exclusive custody and control of the shade trees within any street right-of-way within the Borough and may plant, remove, maintain and protect shade trees on the streets and highways of the Borough. The Commission may require the planting or replanting of shade trees, and alignment and locations of the trees shall be determined by the Commission but shall not prevent necessary and reasonable use of the streets, sidewalks, abutting property or the conduct of business.
2. 
The Commission may make and enforce regulations for the care and protection of the shade trees of the Borough. No such regulation shall be in force until it has been approved by the Borough Council and enacted as an ordinance.
[Ord. 683, 4/8/2014]
1. 
It shall be unlawful for any person, firm or corporation to plant any tree or shrub on any public highway or park within the Borough without first obtaining from the Shade Tree Commission a written permit and complying in all respects with the conditions set forth in the permit.
2. 
In order to obtain a uniform effect, it shall be necessary for any person, firm or corporation desiring to plant trees or shrubs on any public highway or park in the Borough to use only such varieties as may be specified by the Shade Tree Commission. The location of all trees and shrubs on any public highway or park of the Borough shall be determined by the Shade Tree Commission.
3. 
The Commission may refuse a permit to plant any species of tree which, in its opinion, is not suited to the location. In making its decision as to the suitability of any species of tree or the expeditiousness of planting any shade tree at any location, the Commission shall give due consideration to the prevention of interference by the shade tree with existing overhead and underground utility fixtures and shall, whenever practicable, require that shade trees be planted at least 20 feet from street intersections in order to promote better traffic visibility.
4. 
The Commission may, at its discretion, as a condition to the issuance of a permit, require the applicant to file a bond satisfactory to the Commission or to deposit securities satisfactory to guarantee the compliance by the applicant with the terms and conditions upon which the permit is issued.
[Ord. 683, 4/8/2014]
It shall be unlawful for any person, firm or corporation, without a written permit of the Commission, to cut, break, climb, or injure any tree or shrub planted or growing in any public highway or public park of the Borough or cause, authorize, or procure any person to cut, break, climb, or injure any such tree or portion thereof; or to injure, misuse, or remove, or cause, authorize, or procure any person to injure, misuse, or remove, any device set for the protection of any tree or plant in any public highway or park in the Borough. Any person, firm or corporation desiring to cut, prune or spray any tree or plant in any public highway or public park of the Borough may apply to the Commission; and if, in the judgment of the Commission, the desired cutting, pruning or spraying shall appear necessary, and the proposed method and workmanship thereof is such as the Commission approves, the Shade Tree Commission thereupon issues a written permit for such work. Any work done under such written permit must be performed in strict accordance with the terms thereof.
[Ord. 683, 4/8/2014]
The application for any permit required hereunder shall be made in writing to the Secretary of the Shade Tree Commission upon forms furnished by him and shall specify the particular kind of work or operation the applicant desires to perform thereunder and shall state the exact location and species of any tree or trees affected. The permit shall be effective for such length of time as the Commission shall in each case determine, which shall be indicated on the permit, and such permit may be revoked at any time at the direction of the Commission upon proof satisfactory to the Commission that the terms and conditions upon which the permit has been issued are or have been violated.
[Ord. 683, 4/8/2014]
The Commission shall annually report in full to the Borough Council its transactions and expenses for the last fiscal year of the Borough.
[Ord. 683, 4/8/2014]
There shall be close cooperation between the Commission and other Borough departments when their work affects shade trees on or along the streets and highways of the Borough. The Commission shall approve all building permits that may affect shade trees of the Borough.
[Ord. 683, 4/8/2014]
Any person, firm or corporation who shall violate any provision of this Part 3C, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part 3C continues shall constitute a separate offense.
[Ord. 683, 4/8/2014]
Nothing in this Part 3C shall be construed to affect any suit or proceeding pending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this Part.