[Adopted 3-19-1975 as Ch. 6, Art. VI, of the 1975
Code]
Pursuant to the provisions of the Act of Assembly in such case made
and provided, a Shade Tree Commission is hereby created in the Township of
Ridley.
[Amended 10-25-2000 by Ord. No. 1808]
The said Commission shall consist of three owners or occupants of the
said Township of Ridley, who shall be appointed by the Board of Township Commissioners
and shall serve without compensation: one member of said Commission for a
term of three years, one member of said Commission for a term of four years
and one member of said Commission for a term of five years. On the expiration
of the term of any Shade Tree Commissioner, a successor shall be appointed
by the Board of Township Commissioners, to serve for a term of five years.
Vacancies in the office of Shade Tree Commissioner shall be filled by the
Board of Township Commissioners for the unexpired term.
The Shade Tree Commission shall have exclusive custody and control of
the shade trees in the Township of Ridley and is authorized to plant, remove,
maintain and protect shade trees on the public highways in the Township.
The Shade Tree Commission may, with the approval of the Board of Township
Commissioners, 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 Board of Township Commissioners
and until it has been published at least twice in at least one newspaper of
general circulation in the said Township of Ridley.
The Shade Tree Commission shall annually report in full to the Board
of Township Commissioners its transactions and expenses for the last fiscal
year of the Township.
Whenever the Shade Tree Commission proposes to plant, transplant or
remove shade trees on any highway, notice of the time and place of the meeting
at which such work is to be considered shall be given in at least one newspaper
of general circulation in the Township of Ridley, once a week for two weeks
immediately preceding the time of the meeting. The notice shall specify in
detail the highways or portions thereof upon which trees are proposed to be
so planted, replanted or removed.
[Amended 10-25-2000 by Ord. No. 1808]
The cost of planting, transplanting or removing any shade trees in the
highways of the Township of Ridley, of the necessary and suitable guards,
curbing or grading for the protection thereof and of the replacing of any
pavement or sidewalk necessarily disturbed in the execution of such work shall
be paid by the owner of the real estate in front of whose property the work
is done. The amount each owner or occupant is to pay shall be ascertained
and certified by the Shade Tree Commission to the Board of Township Commissioners
and to the Township Treasurer.
Upon the filing of the certificate with the Board of Township Commissioners,
the Township Secretary shall cause 30 days' written notice to be given
to the persons against whose property an assessment has been made. 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 Board of Township Commissioners, and if not paid within
the time designated in the notice, a claim may be filed and collected by the
Township of Ridley in the same manner as municipal claims are filed and collected.
A.
The cost and expenses of caring for such trees after
having been planted and the expense of publishing the notice provided in the
preceding section shall be paid by the Township of Ridley. The needed amount
shall each year be certified by the Shade Tree Commissioners to the Board
of Township Commissioners and shall be drawn against as required by the Shade
Tree Commission, in the same manner as money appropriated for Township purposes.
B.
The Township Commissioners, instead of levying the tax
authorized under the general tax levying powers of the Act of Assembly in
such case made and provided, may provide for the expense of caring for trees
already planted and of publishing the notice required by the preceding section
by appropriations equal to the amount certified to be required by the Shade
Tree Commission.
The Shade Tree Commission may assess penalties for the violation of
its regulations and of this article so far as it relates to shade trees. Any
penalty so assessed shall be a lien upon the real estate of the offender and
may be collected as municipal claims are collected.
All penalties or assessments imposed under this article 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.
The Shade Tree Commission shall adopt rules and regulations not in conflict
with any law of the Commonwealth of Pennsylvania or ordinance or resolution
of the Township of Ridley.[1]
Pursuant to Section 3027.1 of the First Class Township Code,[1] the Shade Tree Commission may, with the approval of the Board
of Township Commissioners, upon 30 days' written notice, require the
owner of property to cut and remove trees afflicted with disease which threaten
to injure or destroy shade trees in the Township. 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 in accordance with the Acts of Assembly in such cases made and provided.
[1]
Editor's Note: See 53 P.S. § 58027.1.
