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) Except as provided in subsection (b), a shade tree commission shall be composed of three members who shall be residents of the township.
(b) The board of supervisors may, by ordinance, provide that the commission be composed of five members who shall be residents of the township.
(c) Whenever a shade tree commission of three members is established by any township, the initial terms of members shall be for periods of three years, four years and five years respectively. On the expiration of the term of any shade tree commissioner, a successor shall be appointed by the board to serve for a term of five years.
(d) Whenever a shade tree commission of five members is established by any township, the board of supervisors shall appoint members to staggered terms so that one term expires every year. On the expiration of the term of any shade tree commissioner, a successor shall be appointed by the board to serve for a term of five years.
(e) Members of the commission shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties.
(f) Vacancies in the office of shade tree commissioner shall be filled by the board of supervisors for the unexpired term.
(2902 amended Mar. 24, 2004, P.L.155, No.18)
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
Employes.-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
may
be
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.