This chapter shall be known as and may be cited as the "Pine
Grove Tree Commission Ordinance."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The intent of this chapter is to exercise the authority to establish
a shade tree commission granted by the General Assembly of the Commonwealth
of Pennsylvania Act of April 18, 2014, P.L. 432, No. 37, as amended
(the Borough Code, 8 Pa.C.S.A. § 101 et seq.), including specifically
provision of § 2721 through § 2743 (8 Pa.C.S.A. §
2720 et seq.) and § 1202(63) [8 Pa.C.S.A. 1202(63)] in an
effort to promote the maintenance, care, and control salary as a policeman
after the date and time set by a qualified firearms officer until
such time as such person is qualified as required by this subsection.
This chapter shall apply uniformly within the Borough of Pine
Grove and all property owned by the Borough of Pine Grove or over
which it exercises control, including specifically recreation places.
All persons, including Borough Officers and officials in their official
capacity but excluding the Borough Council, shall be subordinate to
the provisions of this chapter.
A.Â
Unless specifically defined, words or phrases used herein shall be
interpreted so as to give them the same meaning as they have in common
usage and so as to give this chapter its most reasonable application
consistent with the intent and applicability herein expressed.
B.Â
The word "shall" is always mandatory and not merely directory.
C.Â
Words used in the present tense include the future and past, words
in the plural number include the singular, words in the singular number
include words in the plural, and words either in the feminine, masculine,
or neuter shall include words of the other two genders; except where
the context dictates that only the stated tense, number or gender
should apply.
D.Â
Except as specifically provided, words and phrases herein shall have
the definitions provided and determined in and under the Act of April
18, 2014, P.L. 432, No. 37, as amended (the Borough Code, 8 Pa.C.S.A. §
101 et seq.) and other effective Borough Ordinances. Where there
are differences in the definitions for a word from one ordinance to
another, the definitions in Ordinance No. 254, enacted May 7, 1981,
effective June 6, 1981 (Pine Grove Curb and Sidewalk Ordinance)[1] and the definitions in Ordinance No. 255, enacted April
2, 1981, effective April 12, 1981 (Pine Grove Recreation Management
Ordinance)[2] shall control.
E.Â
BOROUGH
BOROUGH COUNCIL OR COUNCIL
COMMISSION
LARGE TREE
MEDIUM TREE
PUBLIC TREE
RECREATION BOARD
SMALL TREE
Throughout this chapter, the following words and phrases stall have
the specific definitions provided:
The Borough of Pine Grove, County of Schuylkill in the Commonwealth
of Pennsylvania and all lands owned by said Borough or over which
it exercises control.
The Borough of Pine Grove, County of Schuylkill in the Commonwealth
of Pennsylvania, a Pennsylvania municipal corporation, acting by and
through its Council or, in appropriate case, the Shade Tree Commission
or the Borough's agents, representatives, officers, officials,
or employees specifically authorized by this chapter.
The Shade Tree Commission for the Borough of Pine Grove established
by this chapter.
A tree which may attain a height of 45 feet or more.
A tree which may attain a height of 30 to 45 feet.
All shade and ornamental trees now or hereafter growing in
or near any sidewalk area within the Borough and all trees on land
owned by or over which the Borough exercises control.
The Recreation Board for the Borough of Pine Grove established
under Ordinance No. 255, enacted April 2, 1981, effective April 12,
1981 (Pine Grove Recreation Management Ordinance).[3]
A tree which may attain a height of 30 feet or under.
[3]
Editor's Note: See Ch. 124, Parks and Recreation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The provisions of Ordinance No. 254, enacted May 7, 1981, and
effective June 6, 1981 (Pine Grove Curb and Sidewalk Ordinance),[1] of § 2721 through § 2743 of the Borough
Code (8 Pa.C.S.A. § 2720 et seq.) and all other applicable
provisions of the Borough Code or any other Laws of the Commonwealth
of Pennsylvania, including any amendments thereto, shall apply with
the Borough of Pine Grove; except, the specific provisions of this
chapter shall be read to expand and clarify those provisions. All
provisions herein are to be construed, whenever possible, to be consistent
with provisions aforementioned; and all provisions herein shall be
construed as expanded, clarified, and augmented by applicable provision
of the aforementioned provisions.
A.Â
The degree of protection sought by the provision of this chapter
is considered reasonable for regulatory purposes.
B.Â
This chapter shall not create liability on the part of the Borough
or any officer, official, representative, or employee thereof for
enforcement or failure to enforce, nor any damages or injury resulting
from reliance on this chapter, any rules, regulations or standards
established under the authority of this chapter, or any administrative
decision lawfully made hereunder. No permission or permit issued according
to provision of this chapter shall be considered to provide a warranty
of any kind by the Borough.