[Ord. 1994-5, 6/6/1994, § 101]
A Shade Tree Commission is hereby established for the Borough
of Forty Fort, in accordance with provisions of the Borough Code,
53 P.S. § 47721 et seq.
[Ord. 1994-5, 6/6/1994, § 102; as amended by Ord.
2008-1, 3/3/2008; and by Ord. 2017-3, 6/5/2017]
The Commission shall be composed of five residents of the Borough
who shall be appointed by Council and shall serve without compensation.
Each term shall be five years. Vacancies in the office shall be filled
by Council for the unexpired term. The Commission shall elect a Chairperson
and Vice Chairperson.
[Ord. 1994-5, 6/6/1994, § 103]
1.
The Commission shall have exclusive custody and control of the shade
trees in the Borough.
2.
The Commission is authorized to plant, remove, maintain and protect
shade trees on the streets and highways in the Borough.
3.
The Commission may authorize third parties to plant, remove, maintain
and protect shade trees on the streets and highways in the Borough.
4.
The Commission may order the property owner who is responsible for
tree maintenance to remove a tree that is deemed by the Commission
to be unhealthy. The property owner will be responsible for the cost
of removing the tree and removing or grinding out the stump. Property
owners ordered to remove an unhealthy tree will not be required to
pay a permit fee or deposit. If the property owner fails to comply
with such an order, the Borough may act to remove the tree and stump.
The abutting property owner will be responsible for all associated
costs plus an administrative fee of 10%; and in default of payment
of costs and fine(s), a lien shall be placed against the property.
[Added by Ord. 2017-3, 6/5/2017]
5.
The Commission may 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 and enforce
regulations for the care and protection of the shade trees of the
Borough. No such regulations shall be in force until they have been
approved by the Council and enacted as an ordinance.
[Amended by Ord. 2017-3, 6/5/2017]
[Ord. 1994-5, 6/6/1994, § 104; as amended by Ord. 2014-3, 9/2/2014]
The Shade Tree Commission shall report transactions monthly
to the Council for any prior month's transactions.
[Ord. 1994-5, 6/6/1994, § 105]
Whenever the Shade Tree Commission proposes to plant, transplant,
or remove shade trees on any street, or whenever the Shade Tree Commission
considers approval of the application of third parties to plant, transplant
or remove shade trees on any street, notice of the time and place
of the meeting at which such work is to be considered shall be given
pursuant to the requirements of the Sunshine Act of the Commonwealth
of Pennsylvania, 65 Pa.C.S.A. § 701 et seq., as amended
from time to time. All costs for publication of any required notices
shall be paid by the Borough.
[Ord. 1994-5, 6/6/1994, § 106]
The costs of planting, transplanting or removing any shade trees
in and along the streets and highways of the Borough, of the necessary
and suitable guards, curbing and 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 Borough, only if
an emergency condition exists, which in the determination of the appropriate
Borough official poses a threat to the safety and general welfare
of the public. In all other cases the costs for any work described
herein shall be borne by the applicant requesting approval from the
Shade Tree Commission for initiation of such work.
[Ord. 1994-5, 6/6/1994, § 107]
1.
The cost and expense of caring for and maintaining such trees after
having been planted shall be borne and paid by the Borough property
owner whose property lies adjacent to or abuts the tree line in which
any such shade tree is located. The Commission may authorize payment
of any such costs by the Borough, if in the opinion of the appropriate
Borough official, the costs for such care and maintenance are necessary
to protect the safety and welfare of the public.
2.
Council shall appropriate funding for use by the Shade Tree Commission
in the performance of its duties. Any amounts needed over and above
the amount allocated by Council shall be certified by the Commission
to the Council and shall be drawn against, as required by the Commission,
in the same manner as money appropriated for Borough purposes.
3.
Council may levy a general tax not to exceed the sum of 1/10th of
one mill on the dollar on the assessed valuation of the property in
the Borough taxable for County purposes, for the purpose of defraying
the cost and expenses of caring for such shade trees and the expenses
incurred by the Shade Tree Commission or the Borough in implementing
the duties of the Shade Tree Commission.
[Ord. 1994-5, 6/6/1994, § 108; as amended by Ord.
2009-8, 12/7/2009]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to a fine
of not more than $1,000 plus costs and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 30 days. Each
day that a violation of this Part continues or each section of this
Part which shall be found to have been violated shall constitute a
separate offense, and whenever such persons will have been notified
by the Shade Tree Commission or appropriate authority or by service
of a summons, or prosecution, or in any other way, that he is committing
such violation, each day on which he shall continue such violation
after such notification shall constitute a separate offense punishable
by a like fine or penalty. All penalties or assessments imposed under
this Part shall be paid to the Borough Treasurer to be placed to the
credit of the Commission, subject to be drawn upon by the Commission
for the purposes authorized in this Part.
