[HISTORY: Adopted by the Borough Council of the Borough of Brookville
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Trees — See Ch. 207.
[Adopted at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A Planning Commission consisting of five members is hereby created and established for the Borough of Brookville, Jefferson County, Pennsylvania, pursuant to the provisions of Article II, Section 201, of the Pennsylvania Municipalities Planning Code,[1] as established by the Act of July 31, 1968, P.L. 805, No. 247,
as amended and reenacted. A Borough Planning Department, to be under the direction
of said Planning Commission, is also established
[1]
Editor's Note: See 53 P.S. § 10201 et seq.
The Planning Commission shall be comprised of five members who shall
be appointed for terms of office of four years, except that the terms of office
for three of the original members shall be fixed at one year, two years and
three years, respectively, and the terms of office for two of the original
members shall be fixed at four years, to be established on a series of overlapping
terms with one term expiring each year, except for one year in which two terms
shall expire.
The Planning Commission shall have all the powers and duties conferred
and imposed upon it as set forth in the Pennsylvania Municipalities Planning
Code,[1] established by the Act of July 31, 1968, P.L. 805, No. 247, as
amended and reenacted.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Adopted at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
It is the desire of the Mayor and Borough Council of the Borough of
Brookville, Jefferson County, Pennsylvania, and said Council hereby establishes
the Shade Tree Commission, hereafter to be known as the "Commission," as set
out in the Borough Code, Section 2721 et seq. (53 P.S. § 47721 et seq.).
As used in this article, the following terms shall have the meanings
indicated:
Any deciduous tree (i.e., not an evergreen tree).
That part of the street or highway not covered by sidewalks or other
paving lying between the property line and the portion of the street or highway
usually used for vehicular traffic or parking.
The Commission shall be composed of three residents of the Borough,
who shall be appointed by the Council as Commissioners and shall serve without
compensation. Council shall appoint one member for a term of three years,
one for a term of four years and one for a term of five years. On expiration
of the term of any Commissioner, a successor shall be appointed by the Council
to serve for a term of five years. Vacancies shall be filled by Council for
the unexpired terms.
Within a reasonable time after the establishment of the Commission,
Commission members shall meet and organize to 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 as charged.
The Commission shall have exclusive custody and control of shade trees
in the Borough which are planted or growing on any street, public rights-of-way,
tree lawns or properties owned by the Borough.
No person or entity shall prune, remove, cut or otherwise disturb any
shade tree within any street right-of-way or municipally owned property without
permission from the Commission. The person or entity receiving this permission
shall abide by the standards of practice adopted by the Commission.
The Commission shall recommend to the proper authority or proper owner
the type and kinds of trees, shade or ornamental, and shrubs to be planted
upon public rights-of-way or parks as designated. Only trees from the approved
list of trees established by the Commission may be planted, unless the Commission
grants an exception.
It is the property owner's responsibility to promptly remove or have
removed all fallen trees on street rights-of-way or tree lawns. In case of
emergency or storm conditions, it is the responsibility of the property owner
to as soon as possible remove or have removed all fallen trees owned by the
property owner that impede vehicular or pedestrian traffic flow on the streets
and sidewalks in the Borough or as placed on the tree lawn area by the Borough.
If the property owner fails to have the fallen trees removed within a reasonable
period of time, the Borough may cause the work to be done and levy and collect
the cost thereof as a municipal claim against the property.
Replacement of shade trees by property owners on public rights-of-way
and tree lawns shall be in accordance with the shade tree list as established
by the Commission.
The Commission may require owners of property to cut, remove or treat
diseased plants, shrubs and trees afflicted with the Dutch Elm or other diseases
and properly dispose of diseased plants as established by the Commission.
Upon failure of the owner to comply with such notice, the Borough may cause
the work to be done by the Borough and levy and collect the cost thereof from
the owner of the property by the filing of a municipal claim on the property.
Property owners are responsible for the cost of care and maintenance
of shade trees in the public rights-of-way or tree lawns adjacent to their
property. The only exception to this is if the Commission has assessed the
property owner for the cost of planting any shade tree (after the Commission
first obtains the permission from Council to assess for the planting of the
trees) pursuant to the provisions of the Borough Code.
The Commission will also be responsible for the education of the public
with regards to the proper techniques of pruning and tree care.
The Commission shall have further powers, duties and authority as set
forth in the Borough Code and so designated by the Mayor and Borough Council
of the Borough of Brookville.
The Commission shall have authority to spend such funds as are appropriated
by the Mayor and Borough Council for the purposes of the Commission in its
yearly budget.
The Commission shall annually report in full to the Council its transactions
and expenses incurred during the last fiscal year of the Borough.
Any person, partnership or other entity who or which fails to comply
or violates any provision of this article shall, upon conviction thereof,
be punishable by a fine of not more than $600, plus costs of prosecution,
and, in default of payment of such fine and costs, by imprisonment for not
more than 30 days. Each day an original violation continues, after
written notice from the Commission to the offender, shall be considered a
separate offense.
