Pennsylvania Act 1909-79 — MUNICIPAL FORESTS ESTABLISHED

Act text

MUNICIPAL FORESTS ESTABLISHED
                  Act of Apr. 22, 1909, P.L. 124, No. 79              Cl. 11
                                  AN ACT

     To permit the acquisition of forest or other suitable lands by
        municipalities, for the purpose of establishing municipal
        forests; and providing for the administration, maintenance,
        protection, and development of such forests.

        Compiler's Note:  Section 302(h) of Act 18 of 1995, which
            created the Department of Conservation and Natural
            Resources and renamed the Department of Environmental
            Resources as the Department of Environmental Protection,
            provided that the Department of Conservation and Natural
            Resources shall exercise the powers and duties conferred
            upon the Commissioner of Forestry by Act 79 of 1909.
        Compiler's Note:  Section 4701 of Act 317 of 1931 provided
            that Act 79 is repealed insofar as it relates to third
            class cities.
        Compiler's Note:  Section 1301(c) of Act 192 of 1915 provided
            that Act 79 is repealed insofar as it relates to
            boroughs.
        Compiler's Note:  Section 1500 of Act 319 of 1917 provided
            that Act 79 is repealed insofar as it relates to
            townships.

        Whereas, It has been demonstrated by time and experience in
     the countries of continental Europe that properly managed
     municipal forests have proved to be important sources of
     municipal revenue, tending greatly to reduce the burden of
     municipal taxation; and
        Whereas, Many of the townships, boroughs, and cities of this
     Commonwealth are so located that it would be proper and
     expedient for them to possess tracts of land to be used for the
     purposes of municipal forests, in many instances conserving and
     protecting the water supply and promoting the healthfulness of
     said municipality, and capable, as well, of yielding revenue
     applicable to the purposes of such municipalities; therefore,--
        Section 1.  Be it enacted, &c., That all townships of the
     first class, boroughs, and cities of this Commonwealth are
     hereby empowered to acquire, by purchase, gift, or lease, and
     hold as the property of the municipality, tracts of land at
     present covered with forest or tree growth, or suitable for the
     growth of trees, and to administer the same, under the direction
     of the Commissioner of Forestry of the Commonwealth of
     Pennsylvania, in accordance with the practices and principles of
     scientific forestry, for the benefit and advantage of the said
     municipalities. Such tracts may be of any size suitable for the
     purpose, and may be located either within, adjacent to, or at a
     distance from the corporate limits of the municipality
     purchasing the same: Provided, That it shall be requisite for
     the commissioners, burgess, or mayor of any municipality,
     availing itself of the provisions of this act, to submit to the
     Commissioner of Forestry, and secure his approval of, the area
     and location of any lands proposed to be acquired for the
     purposes of municipal forests, previous to the passage of the
     ordinance provided for in section two.
        Section 2.  Whenever the township commissioners of any
     township of the first class, or the councils of any borough or
     city, shall deem it expedient for the municipality to acquire
     any such lands for the purposes of a municipal forest, they
     shall so declare in an ordinance, wherein shall be set forth all
     facts and conditions relating to the proposed action; which said
     proposed ordinance, prior to its passage, shall be duly
     advertised once a week for three weeks, and, after its passage
     and approval, in accordance with existing law. All money
     necessary for the purchase of such tracts shall be appropriated
     in like manner as is now done, under existing law, for municipal
     purposes; and such funds may be provided out of current revenue,
     or by the proceeds of a sale of bonds, in accordance with
     existing law.
        Section 3.  Upon the acquisition of any municipal forests or
     of lands suitable for such, under this act, the proper
     authorities shall notify the Commissioner of Forestry, who shall
     make such rules for the government and proper administration of
     the same as may be necessary. The municipal authorities shall
     thereupon publish such rules, declare the uses of the forest in
     accord with the true intent of this act, and make such provision
     for its administration, maintenance, protection, and development
     as shall be necessary or expedient.
        Section 4.  All moneys necessary to be expended, from time to
     time, for the administration, maintenance, protection, and
     development of said forest, shall be appropriated and applied as
     is now done, under existing law, for municipal purposes; and all
     revenue and emoluments arising from said forest shall be paid
     into the municipal treasury, to be used for general municipal
     purposes.
        Section 5.  The municipal forest may be used by the people
     for general outing or recreation grounds, subject to the rules
     governing its administration for the purpose of a municipal
     forest, in which the major idea shall be the sale of forest
     products for producing a continuing municipal revenue.
        Section 6.  The alienation of a municipal forest, or any part
     thereof, shall be made only in the manner prescribed herein for
     the purchase of the same; to wit, by ordinance duly advertised
     before and after passage, but such ordinance shall not be
     effective in legalizing such alienation until after it shall
     have been approved by a majority vote of the people at the next
     ensuing election.