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Second Class Township Code

 

Article XXIX

Shade Tree Commission

 

Section 2901. Right of Establishment.

 

The board of supervisors may regulate the planting, maintenance and removal of shade trees in the township, or it may appoint a shade tree commission to administer regulations for shade trees.

 

Section 2902. Commission Members; Appointment; Terms; Vacancies.

 

A shade tree commission shall be composed of three members who shall be residents of the township. The initial terms of members shall be for periods of three years, four years and five years respectively. All subsequent terms shall be for a period of five years. Members of the commission shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties. Vacancies in the office of shade tree commissioner shall be filled by the board of supervisors for the unexpired term.

 

Section 2903. Powers May be Vested in Recreation Board.

 

When there exists a board for the care of public parks, the board of supervisors may by ordinance confer on the recreation board all the powers and duties under this article for a shade tree commission.

 

Section 2904. General Powers of Commission.

 

The shade tree commission has exclusive control of the shade trees in the township and is authorized to plant, remove, maintain and protect shade trees on the public streets and highways in the township, excluding State highways.

 

Section 2905. Hiring of Employees.

 

The shade tree commission may with the approval of the board of supervisors employ persons to perform the duties and directions of the commission and make, publish and enforce regulations for the care and protection of the shade trees of the township. No regulations shall be in force until approved by the board of supervisors and until published at least once in a newspaper of general circulation in the township.

 

Section 2906. Report of Commission.

 

The shade tree commission shall annually report to the board of supervisors its transactions and expenses for the preceding fiscal year of the township.

 

Section 2907. Removal of Diseased or Dangerous Trees.

 

(a) The shade tree commission or, if no commission exists, the board of supervisors may by ordinance require owners of property to cut and remove trees located on the property if the condition of the trees, through disease or otherwise, unreasonably affects or interferes with the health, safety or welfare of the public or the right of the public to the unobstructed use of public roads or property.

 

(b) If within thirty days after the date of notice by certified mail, return receipt requested, to remove the trees, the property owner has not complied with that order, the commission or the board of supervisors may enter the premises and remove the trees.

 

(c) The cost of cutting and removal of trees by the township shall be charged to the property owner. The charge shall be a lien against the real estate of the property owner and shall be collected in the same manner as other municipal liens.

 

Section 2908. Maintenance by Township Funds.

 

The shade tree commission shall annually certify the costs incurred under this article to the board of supervisors. The costs shall be paid from the general township fund.

 

Section 2909. Penalties.

 

The shade tree commission, to the extent provided by ordinance of the township, may assess penalties for the violation of its regulations and of this article as far as it relates to shade trees. Any penalty so assessed shall be a lien upon the real estate of the offender and maybe collected as municipal claims are collected.

 

Section 2910. Disposition of Penalties.

 

All penalties or assessments imposed under this article shall be paid to the township.