[Adopted 3-10-1969 by Ord. No. 109]
The Commissioners hereby create the "Shade Tree Commission" of the Township of South Whitehall.
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 Shade Tree Commission shall be composed of three residents of the Township, appointed by the Township Commissioners, who shall serve without compensation. The members of the Commission shall serve for terms of five years or until their successors are appointed, except that the members of such Commission first appointed shall be appointed for the following terms: 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. Vacancies in the Shade Tree Commission, occurring otherwise than by expiration of term, shall be filled for the unexpired term in the same manner as the original appointments.
The Shade Tree Commission shall annually report in full, to the Township Commissioners, its transactions and expenses for the last fiscal year of the Township.
[Amended 4-13-1981 by Ord. No. 325]
The Commission may, with the approval of the 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.
Whenever the Shade Tree Commission proposes to plant, transplant or remove shade trees on any street or highway, notice of the time and place of meeting at which such work is to be considered shall be given in a newspaper of general circulation in the Township once a week for two weeks immediately preceding the time of the meeting. The notice shall specify in detail the streets or highways or portions thereof, upon which trees are proposed to be so planted, replanted or removed.
A. 
The cost of planting, transplanting or removing any shade trees in the streets or highways of the Township, 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.
B. 
The amount each owner is to pay shall be ascertained and certified by the Commission to the Township Commissioners and to the Township Treasurer.
The Commission may, upon 30 days, notice in writing, sent by certified mail, return receipt requested, to the occupant or the owner appearing in the records of the County Tax Assessor's Office, 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 cost thereof from the owner of the property. The cost of such work shall be a lien upon 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.
A. 
Upon the filing of the certificate with the 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.
B. 
The amount assessed against the real estate shall be a lien from the time of the filing of the certificate with the Township Commissioners, 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.
[Amended 7-6-2005 by Ord. No. 816]
A. 
The cost and expense of caring for such trees after having been planted, other than those costs to be paid by the landowner pursuant to § 17-20 hereof, or those to be paid pursuant to a Maintenance Agreement with a developer, and the expense of publishing the notice hereuntofore provided, shall be paid by the Township.
B. 
The needed amount shall each year be certified by the Shade Tree Commissioners to the Township Commissioners, and shall be drawn against as required by the Commission, in the same manner as money appropriated for Township purposes.
C. 
The Township Commissioners, instead of levying the tax authorized under the general tax levying powers of this Act, may provide for the expense of caring for trees already planted and of publishing the notice, by appropriations equal to the amount certified to be required by the Shade Tree Commission.
[Amended 2-7-1989 by Ord. No. 449; 7-6-2005 by Ord. No. 816]
A. 
Except for removals required by the Township in accordance with § 17-21, a shade tree permit shall be secured from the Township prior to the planting, cutting or removal of a shade tree. A permit shall be denied if the information submitted is incomplete, erroneous or otherwise unsatisfactory. Failure to secure a shade tree permit or to adhere to the conditions of approval of the permit within the specified time frame shall constitute a violation of this article.
B. 
The willful injury or killing of a living shade tree by cutting, debarking, breaking, the use of herbicides or any other manner, without a Shade Tree Permit allowing for the same, shall constitute a violation of this article.
C. 
Any person violating the provisions of this article shall, upon conviction before a magisterial district judge of appropriate jurisdiction, be liable to pay costs of prosecution and a fine as follows:
(1) 
For willfully, without a shade tree permit, injuring or killing a living shade tree by cutting, debarking, breaking, by the use of herbicides or in any other manner wherein it is determined by the magisterial district judge that such damage or destruction was intentionally inflicted, a fine of not less than $200 nor more than $600.
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 be drawn by the Commission for the purposes of the preceding section.