Shade Tree Commission

POWERS OF COMMISSION.

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 of the Borough.

The Commission may, upon written notice, require owners of property to cut and remove plants, shrubs, and trees afflicted with the Dutch Elm or other disease, which threatens to injure or destroy plants, shrubs, and shade trees in the Borough, after such plants, shrubs or shade trees have been found by the Tree Commission or its qualified employees to be afflicted with Dutch Elm or other disease. Upon failure of any such owner to comply with such notice within 30 days after receipt, the Borough may cause the work to be done by the Borough and levy and collect the cost thereof from the owner of the property. The cost of such work shall be a lien upon the premises from the time of the commencement of the work, which date shall be fixed by the Borough Engineer and shall be filed by the Borough Secretary.

The Commission may employ and pay such superintendents, engineers, foresters, tree, wardens, or their assistance, as the proper performance of the duties devolving upon it shall require, and may make, publish and enforce regulations for the care and protection of the shade trees of the Borough.

REGULATIONS.

The Commission shall have the right to plant, trim, preserve, and remove trees in or upon any public areas as may be necessary to ensure the safety or to preserve or to increase the beauty of such public areas. The Commission may remove, or cause or order to be removed any tree or part thereof which is in an unsafe condition, or which by reason of its nature is injurious to sewers or other public improvements, or is affected with any injurious fungus, insect or pest. The Commission shall, subject to the required notices as hereinafter set forth, also have the power to enter upon private grounds within the Borough to remove any tree which is interfering with sewer lines, or other public improvements when in its opinion it is necessary to do so; the cost of such removal to be borne by the landowner and the collection of such costs shall be made in the manner prescribed by law.

The application for any permit required herein shall be made in writing to the Commission or to such other persons as the Commission shall designate for this purpose for approval or disapproval. Notice of approval or disapproval shall be given within fifteen (15) days after the meeting at which such application was considered the permit shall be effective for such length of time as the Commission shall in each case determine, which shall be indicated on the permit, and such permit may be revoked at any time at the discretion of the Commission upon proof satisfactory to the Commission that the terms and conditions upon which the permit has been issued are, or have been, violated.

No tree shall be planted in or upon or removed from any public area without a written permit from the Commission, such permit to designate the type of tree and place where such tree is to be planted or removed, and the planting or removal procedures as outlined by the Commission shall be adhered to.

All persons shall first – obtain a written permit from the Commission before doing or having done any work for the care, pruning or trimming of any tree in or upon the public areas of the Borough and such work shall be done to the satisfaction of the Commission.