[HISTORY: Adopted by the Borough Council of the Borough of New Cumberland 3-2-1966 by Ord. No. 325 (Ch. I, Part 7, of the 1979 Code). Amendments noted where applicable.]
There is hereby created a commission to be known and designated as the "Shade Tree Commission of the Borough of New Cumberland," pursuant to the provisions of the General Borough Act of May 4, 1927, P.L. 519, Article XXVII, Section 2730, as amended, and the Borough Code of 1965.[1]
[1]
Editor's Note: See now the Borough Code at 8 Pa.C.S.A. § 101 et seq.
The Shade Tree Commission shall be composed of three residents of the Borough who shall be appointed by the Council for a term of five years and shall serve without compensation. The Borough Manager shall serve as a member ex officio for an indefinite term and shall be designated as Secretary of the Commission. Members first appointed pursuant to this chapter shall be appointed so that the term of one member shall expire after three years, the terms of another member shall expire after four years, and the term of the third member shall expire at the end of five years. Vacancies shall be filled by appointment by the Council for the unexpired term.
The Shade Tree Commission may make, publish 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 and ordained by the Council of the Borough of New Cumberland and published at least twice in not less than two newspapers of general circulation in the Borough. The Commission shall have such other powers and duties as are set forth in the Borough Code.
The Commission shall have exclusive custody and control of the shade trees in and upon the highways of the Borough, and of trees whose branches extend over and above such highways or whose continued existence shall be a menace to the using of such highways, and is authorized to plant, remove, maintain and protect shade trees on said highways and on all property of the Borough of New Cumberland.
The Commission may, with the approval of the Borough Council, employ and pay such necessary assistants as may be required to perform the duties devolving upon it.
Whenever said Commission proposed to plant or transplant any shade trees or remove shade trees on any highways, which may be a menace to the users of such highways, notice of the time and place of the meeting at which such work is to be considered shall be given once a week for two weeks immediately preceding the meeting, in a newspaper having general circulation in the Borough, which notice shall specify in detail the highways or portions thereof upon which the work is to be done; or by personal service of 10 days' written notice thereof to the owner or owners; or by leaving 10 days' written notice thereof to the owner or owners; or by leaving 10 days' written notice thereof at the place of business of the owner; or if the owner is not found in New Cumberland, Pennsylvania, then by sending 10 days' written notice thereof by United States mail with the return address thereon to the last known address of said owner; or by posting copy of said written notice thereon in a conspicuous place on the property affected.
The cost of planting, transplanting or removing of any shade trees in the highways, or which are a menace to the public use of such highways, the construction of guards, curbing or grading for the protection thereof, and the replacement of any pavement or sidewalk necessarily disturbed, shall be paid by the owner of the real estate in front of whose property the work is done, which cost as to each freeholder shall be ascertained by the Commission and certified to the Borough Council and to the Borough Treasurer.
Upon the filing of the certificate of cost with the Council, the Borough Clerk shall cause 30 days' written notice to be given by mail to the person or persons against whose property an assessment has been made, stating the amount of the assessment, the time and place of payment and accompanied with a copy of the certificate. Said cost so certified shall be a lien from the time of filing of the certificate with the Council and if not paid within 30 days from date of notice, a claim may be filed and collected by the Borough Solicitor in the same manner as municipal claims are filed and collected.
Any person or persons violating or failing to comply with any of the provisions of this chapter or any regulations adopted in pursuance of this chapter shall, upon conviction, be required to pay a penalty of not less than $5 nor more than $50; and in default of payment thereof suffer imprisonment in the Cumberland County Jail for a period not exceeding one day for each dollar of penalty assessed.
[Added 10-2-1968 by Ord. No. 349]
The Shade Tree Commission may direct or authorize the pruning, cutting, trimming or removal of any trees, branches or other parts thereof when the said trees, branches or parts thereof obstruct stop signs, traffic signals or other traffic control signs or devices, or when the said trees, branches, or other parts thereof obscure the said traffic control device or impair the visibility of the said traffic control devices to users of the highways and sidewalks. The cost of accomplishing the purposes of this section shall be borne by the Borough of New Cumberland.