[HISTORY: Adopted by the Board of Supervisors of Falls Township 3-11-1963. Amendments noted where applicable.]
A Shade Tree Commission is hereby created.
The Commission shall be composed of three residents of the Township, who shall serve without compensation and who shall be appointed by the Township Supervisors as follows: one member for a term of three years, one member for a term of four years and one member for a term of five years.
Upon the expiration of the term of any Shade Tree Commissioner, a successor shall be appointed by the Township Supervisors to serve for a term of five years.
Vacancies in the office of Shade Tree Commissioner shall be filled by the Township Supervisors for the unexpired term.
The Commission shall have exclusive custody and control of the shade trees in the Township and is authorized to plant, remove, maintain and protect shade trees on the public streets and highways in the Township.
The Commission shall have the authority to review and comment upon any land development plans submitted to the Township for approval. When needed, the Commission shall conduct a public meeting at the Township building on the same day and at the same location as the Planning Commission to discuss any pending land development plans. Unless otherwise announced, the meeting shall occur 1/2 hour prior to the start of the Planning Commission meeting.
[Added 10-16-2012 by Ord. No. 2012-08]
The Commission may, with the approval of the Township Supervisors, employ and pay such superintendents, engineers, foresters, tree wardens or other assistants as the proper performance of the duties devolving upon it shall require, and may make, publish and enforce regulations for the care and protection of the shade trees of the Township.
No such regulation shall be in force until it has been approved by the Township Supervisors and until it has been published at least twice in not more than two newspapers of general circulation in the Township, and if no newspapers are published in the Township, then in such newspapers as circulate in the Township.
The Shade Tree Commission shall annually report in full to the Township Supervisors its transactions and expenses for the fiscal year of the Township.
The Commission may, upon such notice as may be provided by ordinance, require owners of property to cut and remove trees afflicted with the Dutch elm or other disease which threatens to injure or destroy shade trees in the Township, under regulations prescribed by ordinance.
Upon failure of any such owner to comply with such notice, the Township may cause the work to be done by the Township and levy and collect the costs thereof from the owner of the property.
The cost of such work shall be a lien on the premises from the time of the commencement of the work, which date shall be fixed by the Township Engineer and shall be filed with the Township Secretary.
Any such lien may be collected by action in assumpsit or by lien filed in the manner provided by law for the filing and collection of municipal claims.
Upon the filing of the certificate of the Shade Tree Commission with the Township Supervisors, the Township Secretary shall cause 30 days' written notice to be given to the person against whose property an assessment has been made for the removal of trees.
The notice shall state the amount of the assessment and the time and place of payment and shall be accompanied by a copy of the certificate.
The amount assessed against the real estate shall be a lien from the time of the filing of the certificate with the Township Supervisors, and if not paid within the time designated in the notice, a claim may be filed and collected by the Township in the same manner as municipal claims are filed and collected.
The cost and expense of caring for such trees after having been planted and the expense of publishing the notice hereinbefore provided shall be paid by the Township.
The annual budget shall each year be certified by the Shade Tree Commission to the Township Supervisors. The sum appropriated by the Township Supervisors may be drawn against by the Commission in the same manner as money appropriated for Township purposes.
All penalties or assessments imposed under this chapter shall be paid to the Township Treasurer, to be placed to the credit of the Shade Tree Commission, subject to being drawn upon by the Commission for the purposes of the preceding sections.