Proposed Ordinance – Shade Tree Commission

ORDINANCE OF SHADE TREE COMMISSION OF RUTLEDGE
AN ORDINANCE PERTAINING TO THE BOROUGH SHADE TREE COMMISSION WITH CERTAIN DUTIES AND RESPONSIBILITIES REGARDING THE PLANTING, CONTROL, PROTECTION AND IMPROVEMENT OF TREES UPON PUBLIC STREETS, PARKS AND PUBLIC PLACES IN THE BOROUGH OF RUTLEDGE, COUNTY OF DELAWARE AND THE COMMONWEALTH OF PENNSYLVANIA.

SECTION 1. DEFINITIONS.
THE SHADE TREE COMMISSION OF RUTLEDGE BOROUGH: Commission that serves as an advisory body, resource and service to the Council of Rutledge Borough and residents on all matters regarding trees.
Right of Way: The Borough Right of Way is generally 100 ft. Which is 50 ft. from the center to each side of the street . (includes: Linden, President, Sylvan, Rutledge, Swarthmore and Morton Avenues, Melrose, Unity and Waverly Terraces) Refer to homeowners deed and zoning definition: 27-202.
Street Tree: Any tree, branch or other part thereof, that is located within the right of way of the public avenues and terraces of the Borough.
Public Tree: Any tree, shrub, bushes and all other woody vegetation in public parks, and all areas owned by the Borough, or to which the public has free access as a park.
Tree Canopy: The land area under the foliage of an existing tree or group of trees throughout the Borough.

SECTION 2. CREATION AND ESTABLISHMENT OF THE BOROUGH SHADE TREE COMMISSION.
There is hereby created and established a Borough Shade Tree Commission for the Borough of Rutledge, Pennsylvania. The Commission shall consist of 5 members of the community with elected officers of Chairperson, Vice Chairs, Secretary and Treasurer. There shall also be one Borough Council member as a permanent voting member.

SECTION 3. TERM OF OFFICE.
The term of office of the four elected officers and the council member shall be 2 years. The officers are: Chairperson, Vice Chair, Secretary and Treasurer. In the event that a vacancy occurs during the term of any member, that member’s successor shall be appointed for the unexpired term. Chairperson and Secretary appointed on even years and Vice Chair and Treasurer on odd years.

SECTION 4. COMPENSATION.
Members of the Commission shall serve without compensation.

SECTION 5. DUTIES AND RESPONSIBILITIES.
A. The duties of the Commission shall be as follows:
1. It shall be responsibility of the Commission, at the request of Council, to study and determine the needs of the Borough in connection with tree planting activities.
2. Recommend to Council and residents the type and kind of tree to be planted upon the Borough streets or parts thereof as designated.
3. To assist Council in the dissemination of news and information regarding the selection, planting and maintenance of trees and to make recommendations from time to time to Council as to desirable legislation concerning the tree activities for the Borough.
4. To conduct regular and special public meetings at which the subject of trees may be discussed by members of the Commission, Officials of the Borough and all others interested in the the tree canopy.
5. To annually report in full to Council the transactions and expenses of the Commission for the previous fiscal year.
6. The Borough Shade Tree Commission, when requested by Council, shall consider, investigate, report and make findings and recommendations upon any special matter or question coming within the scope of its work.
7. To serve as a resource to residents on all matters regarding trees, both in the public right of way and private property.
8. To encourage the proper planting and selection of street trees and public trees in the Borough, and advocate for the maintenance and improvement of the Borough tree canopy.

SECTION 6. OPERATION.
Subject to approval by Council, the Commission shall choose its own officers, make its own rules, and regulations and keep a journal of its proceedings. A majority (three) of the officers shall be a quorum for the transaction of business. The Commission must make regular report of its meetings to the Council. Any member may be asked to aid in the work of the Commission.

SECTION 7. FINANCES.
The Commission shall be funded by the Borough Council as part of the annual budget.

SECTION 8. MANNER OF PRUNING AND PLANTING
Persons, corporation, or public utility shall consult Planting and Maintaining Trees Chapter 25, Part 1. SECTION 10. SEVERABILITY.
If any of the provisions of this Ordinance, or the application of any provisions hereof, shall be held invalid, such invalidity shall not affect or impair the remainder of this Ordinance, it being the intention of the Council that such remainder shall continue in full force and effect.

ATTEST:
BOROUGH OF RUTLEDGE
By:_____________________________________Secretary By:_____________________________________Council President By:_____________________________________Mayor By:_____________________________________Shade Tree Commission Chairperson

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