[HISTORY: Adopted by the Borough Council of the Borough of Shippensburg 9-20-1994 by Ord. No. 638, approved 9-20-1994. Amendments noted where applicable.]
Recreation and Park Commission — See Ch. 50.
This chapter shall be known and may be cited as the "Municipal Shade Tree Ordinance of the Borough of Shippensburg, Cumberland and Franklin Counties, Pennsylvania."
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular include the plural. The word "shall" is mandatory and not merely directory.
- LARGE TREES
- Those attaining a height of 45 feet or more.
- MEDIUM TREES
- Those attaining a height of 30 to 45 feet.
- The Borough of Shippensburg, Cumberland and Franklin Counties, Pennsylvania.
- Includes all public parks. (The Shade Tree Commission, Recreation and Park Board and the municipal governing body should decide who will maintain trees on public property other than along streets such as adjacent to municipal buildings, within public parks, etc.)
- Any person, firm, partnership, association, corporation, company or organization of any kind.
- PRINCIPAL THOROUGHFARE
- Any street upon which trucks are not prohibited.
- PROPERTY LINE
- The outer edge of a street or highway.
- PROPERTY OWNER
- The person owning such property as shown by the County Assessor's Plat of Cumberland/Franklin Counties.
- PUBLIC PLACES
- Include all other grounds owned by the municipality of the Borough of Shippensburg, Cumberland and Franklin Counties, Pennsylvania.
- PUBLIC TREES
- Include all shade and ornamental trees now or hereafter growing on any street or any public areas otherwise indicated.
- SHADE TREE COMMISSION
- The body under whose jurisdiction all street trees fall.
- SMALL TREES
- Those attaining a height of 20 to 30 feet.
- STREET OR HIGHWAY
- The entire width of every public way or right-of-way when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular and pedestrian traffic.
- That part of a street or highway, not covered by sidewalk or other paving, lying between the property line and that portion of the street or highway usually used for vehicular traffic.
There shall be created a commission to be known and designated as the "Shade Tree Commission."
The Commission shall consist of three members. Two members shall be sitting members of Council or the Mayor and a sitting member of Council and one shall be a citizen of the Borough of Shippensburg who is an elector of the Borough of Shippensburg.
[Amended 12-10-1996 by Ord. No. 671, approved 12-10-1996]
On the expiration of the term of any Commissioner, a successor shall be appointed by the municipal governing body to serve for a term of five years.
Vacancies in the office of Commissioner shall be filled by the municipal governing body for the unexpired term.
The duties of the Shade Tree Commission shall be as follows:
General powers. The Commission shall have exclusive custody and control of the shade trees in the municipality and is authorized to plant, remove, maintain and protect shade trees on the public streets and property within the municipality.
Specific duties include but are not limited to the following:
Study the problems and determine the needs of the municipality of the Borough of Shippensburg, Cumberland and Franklin Counties, in connection with its tree planting program.
Recommend to the proper authority the type and kind of trees to be planted upon such municipal streets or parts of municipal streets or in parks as is designated.
Assist the properly constituted officials of the municipality of the Borough of Shippensburg, Cumberland and Franklin Counties, as well as the municipal governing body and citizens of the municipality, in the dissemination of news and information regarding the selection, planting and maintenance of trees within the corporate limits, whether the same be on private or public property, and to make such recommendations from time to time to the municipal governing body as to desirable legislation concerning the tree program and activities for the municipality.
Provide regular and special meetings at which the subject of trees insofar as it relates to the municipality may be discussed by the members of the Commission, officers and personnel of the municipality and its several divisions and all others interested in the tree program.
Within a reasonable time after the appointment of said Commission and the approval of the members thereof, upon call of the municipal governing body, said Commission shall meet and organize by the election of a Chairman. Said Commission shall then provide for the adoption of rules and procedures and for the holding of regular and special meetings as said Commission shall deem advisable and necessary in order to perform the duties set forth.