[HISTORY: Adopted by the Borough Council of the Borough of Mount Oliver 4-15-2013 by Ord. No. 932. Amendments noted where applicable.]
The Borough of Mount Oliver constitutes and establishes a Shade Tree Commission using Section 2721 of the Borough Code and the sections that follow it (providing for the establishment of a Shade Tree Commission within a borough) as a guide. The Shade Tree Commission shall be known as the "Mount Oliver Shade Tree Commission," hereinafter known as "the Commission."
The jurisdiction of the Commission shall be the municipal boundary of the Borough. Within that municipal boundary, the Commission may, as part of the Shade Tree Plan, determine appropriate boundaries for various shade tree districts.
The Commission will have advisory capacity over all public trees on public property or in the public right of way.
The Commission shall study the problems and determine the needs of the Borough in connection with a tree planting, maintenance, and removal program. It will also assess the need for regulations pertaining to tree preservation, tree protection, and tree replacement specifications and guidelines for new construction and renovation projects.
The Commission shall have the authority to formulate a Master Tree Plan within the shade tree districts identified by the Commission. The Shade Tree Master Plan shall include an inventory of existing public trees and shall provide guidance on the care, preservation, pruning, planting, replanting, and removal or disposition of trees in parks, along streets and on other public sites and shall specify the species of tree most suitable to be planted in these areas. Upon completion of the plan, the Commission will prepare and maintain a list containing the recommended and preferred types and kinds of trees to be planted within public areas of the shade tree districts.
The Commission shall create and maintain an inventory of all existing public trees within the designated shade tree districts. This inventory should include information on the locations, species, size, condition, and evaluation of existing public trees.
The Commission shall, on behalf of the Borough, solicit and accept grants and contributions. All funds obtained by the Commission shall be expended for the specific purpose(s) or under the stipulations set by the contributor or the Commission with the specific approval of Council.
The Commission may, at the request of any participating municipality, advise land development plans or major capital renovation projects of that specific municipality (such as roadway construction or repair, or pipe installation or replacement, etc.) to determine the impact of such plans on public trees. The Commission may then make recommendations to the Borough on the steps needed to mitigate any impacts.
The Commission shall, when requested by Council, consider, investigate, make findings, report and recommend upon any special matter or question coming within the scope of its work. The Commission shall study the problem and then determine the appropriate course of action in connection with the Master Tree Plan.
The Commission may, if funding is available, retain the services of qualified professionals.
The Commission shall assist Council, as well as Borough employees and citizens, in the dissemination of news and information regarding the selection, planting, and maintenance of trees within the shade tree districts. The Commission shall likewise make periodic recommendations as to relevant legislation or funding programs concerning issues relevant to the Commission.
The Commission shall work to develop a network of volunteers within the shade tree districts. The Commission shall also work in conjunction with civic and public interest groups devoted to tree care, tree preservation, and other environmental issues relevant to the scope of work of the Commission.
The Commission may, on an annual basis, retain the services of a certified arborist to conduct a survey of existing public trees to determine if any hazard to life or property exists or if such trees are vulnerable to any prevalent injurious disease, insect, or fungus.
The Commission shall consist of three voting members, who will serve without compensation, appointed by Council. Council will endeavor to appoint members who have experience and/or expertise in environment and shade tree issues and practices. Hereinafter, the three voting members will be referred to as "the members."
The members will select up to three additional nonvoting members who will serve without compensation and who have particular experience or expertise that is beneficial to the Commission, including but not limited to arborists, landscape architects, experts at utility pruning practices/issues, or experts in the management of the shade tree program.
The term of each voting member of the Commission will be five years beginning in January and ending in December. To insure continuity from year to year, the terms of members will be staggered. Staggered terms will be created initially by having each Borough appoint one member for three years, a second member for four years, and a third member for five years. On expiration of each term of that member, the Borough will either reappoint the member or appoint a successor who will serve a full five-year term.
Any vacancies on the Commission shall be filled by the Borough, and the appointee will serve the remainder of the unexpired term.
There are no term limits, and voting members with expiring terms maybe reappointed to consecutive terms at the discretion of Council.
A member may remain on the Commission after expiration his or her term until reappointed or until a replacement has been duly appointed.
The term of nonvoting members will not be defined. They will serve at the pleasure of the Commission.
The Commission shall meet in January of each year and elect one member to serve as Chairperson of the Commission. The Chairperson shall have the authority to call and conduct meetings of the Commission, receive all correspondence and other materials on behalf of the Commission, and perform such duties as may be delegated to him or her by the other Commission members.
The Secretary of the Commission shall also be elected by the Commission at the January meeting. He or she shall keep the minutes of the meetings and a permanent record of all business conducted by the Commission. A written record shall be kept of all meetings and made available to the Council of each participating municipality for its reference.
The Commission will meet on a monthly basis and will publicize all meeting times and dates. The Chairperson of the Commission shall have the right to cancel/postpone meetings or schedule additional meetings, as necessary, to conduct the affairs of the Commission.
The Commission shall prepare and submit to each Borough, on an annual basis, a report of its activities and all Commission expenses and transactions for the current fiscal year.