[Ord. 1071, 7/5/2005, § 1]
There is hereby created the Borough of Mechanicsburg Shade Tree
Commission, which shall be called the "Shade Tree Commission," hereinafter
referred to as "Commission."
[Ord. 1071, 7/5/2005, § 1; as amended by Ord. 1170,
3/16/2021]
The Commission shall consist of three persons appointed by Borough
Council, whose appointments shall be as follows: one member to be
appointed for three years, one member to be appointed for two years,
and one member appointed for one year. On the expiration of the term
of any Commissioner, a successor shall be appointed by Council to
serve for a term of three years. All members shall be residents of
the Borough and shall serve without compensation.
[Ord. 1071, 7/5/2005, § 1]
When a vacancy in office occurs, the Borough Council may appoint
a qualified person to fill the unexpired term.
[Ord. 1071, 7/5/2005, § 1]
The Commission shall elect officers during the month of January
of each year. It shall meet monthly and, in the month of October of
each year, shall provide a written annual report of its activities,
including its transactions and expenses, to the Borough Council. Annually
in late summer, the Commission shall inspect all shade trees under
its jurisdiction and shall include its findings concerning the condition
of trees and recommended maintenance in its annual report to Borough
Council. The Commission may make and alter rules and regulations for
its own organization and procedure, provided that they are consistent
with the laws of the commonwealth and all provisions of this chapter.
A majority of the Board shall constitute a quorum, and action taken
at any meeting shall require the affirmative vote of the majority
of members present.
[Ord. 1071, 7/5/2005, § 1]
Excepting such powers as are reserved to Borough Council under applicable law, or as reserved in Chapter 25, Trees, the Commission shall have exclusive custody and control of the shade trees in the Borough, and is authorized to plant, transplant, remove, maintain and protect shade trees on the streets and highways. It shall perform all the duties and may exercise all the powers conferred by law upon borough shade tree commissions, including approval of the location, planting, transplanting, removal, replacement and maintenance of trees and generally be concerned with the protection of trees in public areas including public streets, alleys, ways, parks, easements, rights-of-way, or other areas under the control of the Borough. The Commission may make and enforce rules and regulations for the location, planting, transplanting, removal, replacement, care and protection of the shade trees of the Borough, provided that all such rules or regulations shall be approved by the Borough Council before taking effect.
[Ord. 1071, 7/5/2005, § 1]
When deemed necessary by the Borough Council, the services of
the Borough Solicitor, Engineer, Codes Officer, or other employees
may be made available to the Commission. Nothing herein shall be construed
to require Borough Council to budget funds for the provision of such
services.
