[HISTORY: Adopted by the Borough Council of the Borough of Shippensburg 9-20-1994
by Ord. No. 638, approved 9-20-1994. Amendments
noted where applicable.]
GENERAL REFERENCES
Recreation and Park Commission — See Ch. 50.
This chapter shall be known and may be cited as the "Municipal Shade
Tree Ordinance of the Borough of Shippensburg, Cumberland and Franklin Counties,
Pennsylvania."
For the purpose of this chapter, the following terms, phrases, words
and their derivations shall have the meanings given herein. When not inconsistent
with the context, words used in the present tense include the future, words
in the plural include the singular and words in the singular include the plural.
The word "shall" is mandatory and not merely directory.
Those attaining a height of 45 feet or more.
Those attaining a height of 30 to 45 feet.
The Borough of Shippensburg, Cumberland and Franklin Counties, Pennsylvania.
Includes all public parks. (The Shade Tree Commission, Recreation
and Park Board and the municipal governing body should decide who will maintain
trees on public property other than along streets such as adjacent to municipal
buildings, within public parks, etc.)
Any person, firm, partnership, association, corporation, company
or organization of any kind.
Any street upon which trucks are not prohibited.
The outer edge of a street or highway.
The person owning such property as shown by the County Assessor's
Plat of Cumberland/Franklin Counties.
Include all other grounds owned by the municipality of the Borough
of Shippensburg, Cumberland and Franklin Counties, Pennsylvania.
Include all shade and ornamental trees now or hereafter growing on
any street or any public areas otherwise indicated.
The body under whose jurisdiction all street trees fall.
Those attaining a height of 20 to 30 feet.
The entire width of every public way or right-of-way when any part
thereof is open to the use of the public, as a matter of right, for purposes
of vehicular and pedestrian traffic.
That part of a street or highway, not covered by sidewalk or other
paving, lying between the property line and that portion of the street or
highway usually used for vehicular traffic.
A.
There shall be created a commission to be known and designated
as the "Shade Tree Commission."
(1)
The Commission shall consist of three members. Two members
shall be sitting members of Council or the Mayor and a sitting member of Council
and one shall be a citizen of the Borough of Shippensburg who is an elector
of the Borough of Shippensburg.
[Amended 12-10-1996 by Ord. No. 671,
approved 12-10-1996]
(2)
On the expiration of the term of any Commissioner, a
successor shall be appointed by the municipal governing body to serve for
a term of five years.
(3)
Vacancies in the office of Commissioner shall be filled
by the municipal governing body for the unexpired term.
B.
The duties of the Shade Tree Commission shall be as follows:
(1)
General powers. The Commission shall have exclusive custody
and control of the shade trees in the municipality and is authorized to plant,
remove, maintain and protect shade trees on the public streets and property
within the municipality.
(2)
Specific duties include but are not limited to the following:
(a)
Study the problems and determine the needs of the municipality
of the Borough of Shippensburg, Cumberland and Franklin Counties, in connection
with its tree planting program.
(b)
Recommend to the proper authority the type and kind of
trees to be planted upon such municipal streets or parts of municipal streets
or in parks as is designated.
(c)
Assist the properly constituted officials of the municipality
of the Borough of Shippensburg, Cumberland and Franklin Counties, as well
as the municipal governing body and citizens of the municipality, in the dissemination
of news and information regarding the selection, planting and maintenance
of trees within the corporate limits, whether the same be on private or public
property, and to make such recommendations from time to time to the municipal
governing body as to desirable legislation concerning the tree program and
activities for the municipality.
(d)
Provide regular and special meetings at which the subject
of trees insofar as it relates to the municipality may be discussed by the
members of the Commission, officers and personnel of the municipality and
its several divisions and all others interested in the tree program.
C.
Within a reasonable time after the appointment of said
Commission and the approval of the members thereof, upon call of the municipal
governing body, said Commission shall meet and organize by the election of
a Chairman. Said Commission shall then provide for the adoption of rules and
procedures and for the holding of regular and special meetings as said Commission
shall deem advisable and necessary in order to perform the duties set forth.
