The members or named officer of the Commission may, at the discretion
of the elected Borough Council be required to furnish a bond, in the
amount and with the surety specified by the Council for the faithful
performance of his duties as a member or as an officer of the Commission.
The cost of such bonds, if and when required, shall be paid for and
be a budgeted expense for the Commission as hereinafter provided.
The Commission shall have exclusive custody and control of the
shade trees in the Borough, and is authorized to plant, remove, maintain
and protect shade trees on the streets and highways in the Borough.
C.
The Commission is designated as the person to review and comment
on permits under Section 604(b) of the Pine Grove Curb and Sidewalk
Ordinance,[1] consistent with the provisions thereof.
D.
The Commission, and each appointed member of same individually, is
designated and authorized to perform inspection with reference to
trees under Section 609(a), and take action under Section 609(b),
of the Pine Grove Curb and Sidewalk Ordinance,[2] consistent with the provisions thereof and related provisions
of the aforementioned ordinance, including those of Article VII thereof.
E.
The Commission is designated and authorized to hold Hearings related to provisions of Article III (§§ 159-14 through 159-18), related to trees and shrubbery in or near sidewalk areas, of Ch. 159, Streets and Sidewalks, and any special exemptions or variances related thereto as provided for in §§ 159-32 and 159-33 of the aforementioned ordinance; and, further, the Chairman of the Commission is designated and authorized to participate in Hearings in which several matters are involved one of which relates to the aforementioned Article III of the Pine Grove Curb and Sidewalk Ordinance[3] which other matter relates to other aspects of said ordinance.
F.
The Commission is designated to review all plans and proposed actions
related to trees and shrubbery, and to approve same in writing before
acting is taken, in the Borough notwithstanding that is an exemption
provided from the permit requirements of the Pine Grove Curb and Sidewalk
Ordinance.[4] Specifically included are all plans and proposed actions
by any other Commission of the Borough, any Board of the Borough,
and any officer, official, or employee of the Borough.
G.
The Commission is specifically vested with authority through its general power expressed in § 55-14 of this chapter to enforce § 2727 by action under § 2728 of the Borough Code (53 P.S. § 47727 and § 47728, respectively[5]).
[5]
Editor's Note: See now 53 P.S. §§ 47720.2 and
47724.1, and §§ 47101-A and 47102-A, respectively.
A.
The Tree Commission shall study the problems and determine the needs
of the Borough and advise the Council in connection with its tree
planting programs, as developed.
B.
The Tree Commission shall recommend to the proper authorities the
type and kind of trees to be planted upon such Borough streets, parts
of streets, or in parks as is designated and shall recommend the proper
authority's care and maintenance of trees, including removal
and trimming of trees.
C.
The Commission shall assist the properly constituted official of
the Borough, as well as the elected Borough Council and citizens of
the Borough, in the dissemination of news and information regarding
the selecting, planting, and maintenance of trees with the Borough,
whether the same be on private or public property, and to make such
recommendation from time to time to the elected Borough Council as
to desirable legislation concerning the trees program and activities
for the Borough.
D.
Notwithstanding any other revision of this chapter, or related Borough
ordinances, the Commission shall recommend, but have no final authority
over, trimming or removal of trees, plants or shrubbery which by obstructing
the view of any driver constitutes a traffic hazard under the Motor
Vehicle Code.
A.
The Tree Commission hereby established may, from time to time, in
accordance with law, adopt and establish such rules and regulations
for administration of its authority, duties and powers as, in the
opinion of a majority of its members, may be desirable, beneficial,
or necessary.
B.
The Commission may, from time to time, in accordance with law, adopt,
establish and enforce such rules, regulations and standards for the
care and protection of the shade trees in the Borough which are consistent
with this and other Borough ordinances. These shall then be recommended
to the elected Borough Council for approval and enactment as an ordinance.
A.
The Commission may, from time to time, employ and/or discharge, and
fix and pay its compensation of employees necessary to exercise their
authority, duties and powers, including specifically: superintendents,
engineers, foresters, tree-wardens, or other assistants.
B.
The Commission may employ and/or discharge and fix and pay the compensation
of clerical assistance as may be necessary for the work of the Commission.
C.
The Commission may employ and/or discharge and fix and pay the compensation
of such professionals not otherwise specified as may be necessary
for the Commission to effectively discharge its duties and responsibilities.
D.
When the Commission shall exercise its authority under Subsections A through C of this section, it shall exercise supervision and control over the individuals retained including:
(1)
Establishing, administering and enforcing rules and regulations for
the employees and appointees;
(2)
Establishing position classifications if deemed necessary, and designating
the individual to serve in each classification;
(3)
Providing for supervision as necessary; and
(4)
Exercising any and all other prerogatives normally associated with
management.
The Commission shall at least annually, and at the time its proposed budget is presented as provided for in § 55-21 of this chapter, report in full to the elected Borough Council on its activities and transactions for the prior year, including receipts and expenditures of funds.
All meeting minutes, resolutions, financial statements and reports,
other reports of the Commission and its officers, appointees, and
employees, and all rules, regulations and standards promulgated through
or by the Commission shall be held in the Borough offices.
