In interpreting this chapter, the present tense includes the
future; the singular number includes the plural, and the plural includes
the singular; and the word "person" includes natural person, partnership,
firm, association and corporation.
COMMISSION
The duly appointed members of the Environmental Advisory
Council, formerly known as the "Shade Tree Commission" of the Borough.
COUNCIL
The duly appointed members of the Environmental Advisory
Council.
RIGHT-OF-WAY
The area of any public street, road, highway or other publicly
held thoroughfare within the corporate limits of the Borough that
has been designated by law as a public right-of-way.
SHADE TREE
Any tree, shrub or other woody plant which is planted in
any right-of-way, or has at least 1/2 of its trunk, branches or roots
extending into any right-of-way.
The Environmental Advisory Council shall have the following
powers:
A. Identify environmental problems.
B. Recommend plans and programs to the appropriate agencies for the
promotion and conservation of the natural resources and for the protection
and improvement of the quality of the environment within the area
of this municipality.
C. Make recommendations as to the possible use of open land areas of
this municipality.
D. Promote a community environmental program.
E. Keep an index of all open areas, publicly or privately owned, including,
but not limited to, flood-prone areas, swamps, and other unique natural
areas.
F. Advise the appropriate local governmental agencies in the acquisition
of property, both real and personal.
G. To undertake such environmental tasks as requested by the governing
body of this municipality.
H. Assume responsibility for the custody, care and protection of shade
trees within the municipality.
I. To issue permits required by this chapter, and to enforce the provisions
of this chapter as provided by law.
J. To act as an advisory panel to Borough Council on all Borough matters
having an environmental impact on the Borough, including, but not
limited to, land development, park development or improvements, and
downtown revitalization projects.
K. To report to Borough Council through the Borough Manager, or as the
President of Borough Council may otherwise direct.
In addition to the foregoing general provisions, the following
special provisions shall apply to shade trees located in the commercial
districts of the Borough.
A. A minimum sidewalk opening of four feet square shall be required
for each shade tree. The opening shall be paved with a flush, smooth,
hard surface such as brick or concrete pavers laid on sand.
B. Only the following types of trees may be planted in the right-of-way:
hybrid red maples, lindens, thornless honey locusts, pears and elms.
The planting of any other type of tree shall require permission from
the Council.
C. Whenever a shade tree is removed in a commercial district, the shade
tree shall be replaced in accordance with this chapter. All removed
shade trees shall be replaced except when a change in street construction
or land development makes it impossible, or would cause the replacement
to be a safety or health hazard. A decision not to replace a removed
shade tree must be approved by the Council.
D. The Council shall annually inspect all shade trees within the Commercial
District and shall file a report with Borough Council on the condition
of the trees and needed maintenance. The inspection shall be done
in late summer and the report filed by the first day of October.
Fees for permits shall be set from time to time by resolution
of Borough Council.
Any person, firm or corporation who shall violate any provision
of this chapter shall, upon conviction thereof, be guilty of a summary
offense, and may be sentenced to pay a fine of not more than $600
and costs; and/or undergo imprisonment not to exceed 90 days. Every
day that a violation of this chapter continues shall constitute a
separate offense.
If any sentence, clause, section, or part of this chapter is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality, or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, section
or parts of this chapter. It is hereby declared as the intent of the
Borough that this chapter would have been adopted had such unconstitutional,
illegal or invalid sentence, clause, section or part thereof not been
included herein.