[HISTORY: Adopted by the Borough Council of the Borough of
Collegeville 8-23-1994 by Ord.
No. 416 (Part 2, Ch. 3, Art. C, of the 1985 Code
of Ordinances). Amendments noted where applicable.]
The intent of this chapter is to establish a Borough commission
that plans for the ongoing beautification of public spaces and encourages
good planting and landscaping of private spaces in the community.
In addition, it is intended to further the following objectives:
A.
Develop a shade tree planting plan that meets the tree planting requirements
of the Montgomery County Open Space Preservation Program.
B.
Provide a source of expertise available to residents for private
planting and landscaping activities and that assists the Borough in
its reviews of proposed land developments.
C.
Encourage public/private partnerships in tree planting and similar
Borough beautification activities.
D.
Encourage special planting programs, such as an Avenue of Trees program
or designating an official tree of Collegeville.
E.
Encourage volunteerism among interested citizens.
A group known as the "Shade Tree Commission of Collegeville
Borough" is hereby established.
A.
The Commission shall be composed of at least three residents of the
Borough, who shall be appointed by the Borough Council and shall serve
without compensation. If possible, at least one member shall have
a relevant technical background, such as a registered landscape architect,
horticulturalist, or arborist.
B.
When first established, Borough Council shall appoint to the Commission
one member to serve for a term of three years, one member to serve
for a term of four years, and one member to serve for a term of five
years.
C.
On the expiration of a term, a successor shall be appointed by Borough
Council to serve a term of five years.
D.
Vacancies in the office of Shade Tree Commission shall be filled
by Borough Council for the unexpired term.
E.
The Commission shall meet from time to time as members determine
to be necessary, such meetings being 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 and make similar recommendations
for planting and landscaping of land developments in accordance with
the landscaping provisions of the Borough Subdivision and Land Development
Ordinance.[1] It shall specifically be responsible for implementing
new tree planting in accordance with the tree planting provisions
of the 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 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 Borough Council
its transaction, expenses and related activities for the last fiscal
year of the Borough.
Except for trees planted by the Borough and those provided as
part of an approved land development, no person shall plant, remove,
replace, or attach a man-made fixture or object to a shade tree on
any public street (including in a right-of-way) or public area unless
a permit application for the activity is submitted to the Commission.
The application for a permit, together with the required filing fee,
if any, shall be made in writing to the Commission, and include information
on tree locations, species, and proposed action. The Commission shall
recommend approval or denial of each permit application to Borough
Council.
Installation, maintenance, replacement or removal of all new
and existing planting provided as part of land development or provided
in public areas shall meet all applicable standards of the Borough
Subdivision and Land Development Ordinance.[1]
A.
The Commission may recommend to Borough Council that upon 60 days'
prior written notice, the owner(s) of the property be required to
cut and remove trees or parts thereof that, because of disease or
a similar adverse condition, threaten to injure or destroy shade trees
in a public right-of-way or other public space. Upon failure of any
such owner(s) to comply with such notice, the Borough can cause the
work to be done by Borough personnel or by a contractor hired by the
Borough and levy and collect the cost thereof from the owner(s) of
the property.
B.
The Borough shall provide the written 30 day notice by regular mail
to the last known address of the property owner(s) and by posting
the notice at the main entrance to the principal building on the property.
The Borough reserves the right, without prior notice to the
property owner(s), to perform any acts necessary to abate clear, present,
and immediate threats to the public health, safety, or welfare caused
by the condition of shade trees or trees or parts thereof. The Borough
reserves the right to assess the cost of such abatement against the
property owner(s).
Borough Council shall appoint members to the Shade Tree Commission
following the enactment of this chapter.
