[HISTORY: Adopted by the Borough Council of the Borough of
Jenkintown 11-26-2001 by Ord. No. 2000-4.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 107.
Streets and sidewalks — See Ch. 156.
Subdivision of land — See Ch. 160.
Zoning — See Ch. 181.
[1]
Editor's Note: This ordinance also superseded former
Ch. 167, Trees, adopted 8-25-1969, as amended, effective 2-1-2002.
For the purpose of this chapter, the following terms shall have
the meaning ascribed to them in this section:
A designated area between two uses deemed incompatible with
each other or along the perimeter of a natural feature to be protected
from an incompatible use or along the perimeter of that use, which
will absorb or otherwise preclude such incompatibility and shall be
permanently maintained.
A line of plants that may occur naturally where seeds collect
and are left undisturbed, such as along fence lines, property lines
or between fields, or that is specially planted, e.g., to act as a
windbreak.
To reduce to the smallest amount possible using best management
practices. "Minimize" shall not mean complete elimination but shall
require that the most substantial efforts possible, under the circumstances,
have been taken to reduce the adverse effect of the action required
to be minimized. With respect to activities, the conduct of which
is adverse to the conservation of the natural features of land, the
requirement to minimize shall include but not be limited to the requirements
that the placement of dwellings and other structures and the location
of roads, sedimentation and erosion control devices and earthmoving
activities shall be planned and designed so as to permit the adverse
effect of the activity in question to be reduced to the smallest amount
possible under the circumstances consistent with the otherwise permitted
development.
A component of a landscape existing or maintained as a part
of the natural environment and having ecological value in contributing
beneficially to air quality, erosion control, groundwater recharge,
noise abatement, visual amenities, human recreation, reduction of
climatic stress or energy costs. Such features include those that,
if disturbed, may cause hazards or stress to life, property and the
natural environment.
A permit, in writing, as issued by the Borough Manager of
the Borough of Jenkintown.
[Amended 2-24-2014 by Ord. No. 2014-2]
Any individual, firm, partnership, association, corporation
or organization of any kind.
For purposes for this chapter only, any public area, including
the width of the street encompassing the cartway, curb and area reserved
for or already having sidewalks.
Any public right-of-way, a portion of which is used for vehicular
travel, in the Borough.
For purposes of this chapter, any tree, shrub or other woody
plant in or upon any public street, park, parkway or other public
area, or that part of any tree, shrub or other woody plant which extends
within the lines of any public street, park, parkway or other public
area within the Borough of Jenkintown.
Any activity which causes land on a given site to be exposed
to the danger of erosion, including removal of vegetation, clearing,
grading, filling, plowing and other types of earthmoving.
A specifically selected plant considered worthy of conservation
by the Borough because of species, size, shape, form, historical importance,
or any other significant characteristic, particularly as applied to
trees over 20 inches in diameter as measured at breast height.
A.
There is hereby created a Shade Tree Commission. The Jenkintown Borough
Council shall appoint at least five, but not more than eight, full
members of the Shade Tree Commission. The Borough Council shall appoint
a liaison to the Shade Tree Commission. Terms shall be as follows:
one-third of the positions will be for three-year terms, one-third
of the positions will be for two-year terms, and the remainder shall
be for one-year terms. On the expiration of the term of any Shade
Tree Commissioner, a successor shall be appointed by the Borough Council
to serve for a term of three years. Borough Council shall fill vacancies
in the office of Shade Tree Commissioner for the unexpired term.
[Amended 7-22-2002 by Ord. No. 2002-7; 2-24-2014 by Ord. No. 2014-2]
B.
The Commission shall be responsible to review subdivision and land
development plans as they pertain to site planning, site disturbances,
where trees represent a significant natural feature, including trees
in groves, hedgerows, wooded lots and specimen trees, and to advise
the Building, Zoning, and Revitalization Committee of Borough Council
with respect to planting plans, landscape improvements, buffer areas,
and site disturbances.
[Amended 2-24-2014 by Ord. No. 2014-2]
C.
The members of the Shade Tree Commission shall annually elect one
among themselves to serve as Chairperson and another among themselves
to serve as Secretary. The Secretary shall have the responsibility
of keeping and maintaining records of the Commission.
D.
The Commission shall adopt such rules and regulations that may be
necessary for the purpose of carrying out the intent of this chapter.
These shall include the establishment, preservation, inspection, maintenance
and perpetuation of shade trees along the public streets of the Borough
and the beautification of the streets and public areas of the Borough
of Jenkintown.
E.
The Commission shall have the authority to prepare and adopt a street
plan for planting trees, removal of trees and maintenance of trees
in or upon the public streets, parks, parkways and other public areas
of the Borough in order to effectuate the provisions of the chapter.
The plan shall not become effective until approved by Borough Council.
F.
The Commission shall be available to any above-defined person for
suggestions or recommendations pertaining to trees, as defined, on
private land.
G.
The Commission shall meet from time to time as necessary, but shall
meet at least four times per year and report to the Building, Zoning,
and Revitalization Committee of the Jenkintown Borough Council.
[Amended 2-24-2014 by Ord. No. 2014-2]
[Amended 2-24-2014 by Ord. No. 2014-2]
A written permit from the Borough is required for trees to be
planted upon or removed from any public right-of-way, park, parkway
or other public area. The Borough Manager may call upon the Shade
Tree Commission for advice regarding the issuance of such permits.
No tree shall hereafter be planted in or upon the public right-of-way,
parks, parkways or other public areas within five feet of any driveway
entrance. No tree shall be planted adjacent to an intersection in
a manner so as to dangerously obscure visibility at such intersection
by pedestrians or vehicle operators. No tree on private property adjacent
to the front sidewalk shall be planted within five feet of said sidewalk
without the approval of the Shade Tree Commission.
A.
All trees shall be kept trimmed so that the minimum clearance where
they overhang any public walk shall be nine feet. The minimum clearance
where the trees overhang any public street or highway shall be 16
feet. The Commission reserves the right to designate another clearance
on certain streets and highways where heavy traffic, streetlighting,
emergency equipment or other conditions make it expedient.
B.
All trees standing on private property and having branches or foliage
projecting over a public highway shall be kept trimmed by the owner
of such property so that the lowest branches or foliage shall have
the minimum clearance specified above, or such other clearance as
may be specified by the Commission.
C.
In case the owner of such property shall neglect or refuse to trim
the trees upon being notified in writing by the Commission so to do,
the Commission may, after the expiration of 30 days of said notice,
cause such trimming to be done at the expense of the owner. The entire
cost thereof shall be a lien upon said premises and shall be filed
and collected by the Borough in the same manner as municipal claims
are filed and collected and/or as hereinafter provided in this chapter.
A.
The Commission may, upon 30 days' written notice to the property
owner, require the removal of trees or portions thereof infected by
insects or disease or deemed dangerous to public safety and, upon
the failure of the owner so to do within 30 days thereafter, the Commission
may do so and collect the costs thereof as hereinbefore and hereinafter
provided.
B.
Tree removal also includes removal of the tree stump where such stump
exists within the public right-of-way. The stump may be either removed
completely or ground down six inches below the level of the ground.
The void created by the tree stump removal shall be backfilled with
soil and the disturbed area seeded and mulched and the sidewalk replaced
if necessary.
Notwithstanding any other provisions of this chapter, the Borough
shall have the right, without prior notice to any property owner,
to perform any acts necessary to abate any clear, present and immediate
threats to the public health, safety or welfare caused by the condition
of shade trees or parts thereof. The Borough shall have the right
to assess the cost of such summary abatement against the person whose
action or inaction caused such threats to the public health, safety
or welfare.
A.
Acts injurious to shade trees shall be prohibited. Except in case
of immediate necessity for protection of life or property, it shall
be a violation of this chapter for any person to do any of the following
acts:
(1)
Break or injure in any way any shade tree.
(2)
Climb with spurs any shade tree other than a tree designated for
removal.
(3)
Interfere with the main roots of any shade tree in any manner that
would be detrimental to the tree.
(4)
Permanently attach, from the effective date hereof, without prior
approval of the Commission, any rope, signs, guy wires, cable or other
fixture, such as house numbers, lighting devices or ornamental decorations,
on a shade tree or on a shade tree guard.
(5)
Injure, misuse or remove any device placed to protect shade trees.
(6)
Attach any electric wire, insulator or any device for holding of
an electric wire to any shade tree.
B.
Interference with roots is prohibited. No person shall, without first
obtaining a permit, place or hereafter maintain any stone, cement
or other substance which shall impede the passage of water and air
to the roots of any shade tree, unless such person shall leave an
open space of ground surrounding the trunk of the shade tree.
C.
Trees shall be protected from building operations or other work required
in connection with any building operation or the performance of any
work whatsoever in the Borough in the vicinity of any shade tree.
Before any work shall commence, guards shall be placed at all shade
trees which may be affected by such work so as to effectually prevent
injury to them. The type and method of guard shall be approved by
the Commission.
D.
Discharge of injurious materials is prohibited. No person shall place
any materials at any place in an excessive amount such that injury
may result to any shade tree.
The Commission shall, on at least a decennial basis, identify
those trees that constitute, in the Commission's opinion, special
"specimen" trees having particular historical, cultural, community
value and shall develop methods, procedures and rules for the maintenance
and preservation of such specimen trees.
The conservation measures listed below shall be taken during
site preparation activities. At the discretion of the Borough and
in addition to the measures listed below, the Borough may require
a prior-to-construction meeting with the applicant or site contractor
to further determine methods to minimize environmental damage.
A.
Protection of vegetation from mechanical injury and grading change.
(1)
All woody vegetation to be retained within 25 feet of a building
site, parking area or other proposed improvement shall be protected
from equipment by snow fencing or other effective barriers; fencing
or barriers around trees shall be placed at the dripline, unless determined
to be appropriate at another location by the Commission.
(2)
Equipment operators shall not damage existing tree trunks and root
systems by driving equipment within or otherwise disturbing the area
circumscribed by the dripline of any tree. In addition, roots shall
not be cut or disturbed within the area circumscribed by the dripline
for a utility line within the tree dripline. It is strongly encouraged
that tunneling, rather than trenching, be used to minimize potential
damage to tree root systems. In such cases, the Commission shall determine
the most desirable location for the survival of the tree(s). Where
trenching is unavoidable, trenching holes shall be filled as soon
as possible and tamped lightly to avoid the creation of air spaces.
(3)
Tree trunks and exposed roots damaged during construction shall be
protected from further damage by fencing or other structural barrier.
Treatment of damaged areas shall be dictated by the nature of the
injury, e.g., damaged bark shall be cut back to a point where the
bark is intact and tight to the tree; exposed roots shall be cleaned
up and covered with topsoil; and tree limbs shall be cut back in proportion
to root area loss. In such cases, the Commission shall have the authority
to determine the treatment technique(s) most suitable to the damaged
area. In addition, where stipulated by the Commission, liquid or dry
fertilizer shall be applied to trees with disturbed root zones to
compensate for loss of roots.
(4)
Trees shall not be used for roping, cables, signs, fencing or lighting.
Nails and spikes shall not be driven into trees.
(5)
The area around the base of existing woody vegetation shall be left
open. No impervious cover, storage of equipment, materials, debris
or fill shall be allowed within the dripline of any existing tree.
(6)
Grade changes to occur at any location on the property shall not
result in an alteration to soil or drainage conditions which would
adversely affect existing vegetation to be retained following site
disturbance, unless adequate provisions are made to protect such vegetation
and its root systems.
(7)
The Commission may require that specimen plants with significant
historic, visual or environmental qualities, which would otherwise
be removed during site preparation, be transplanted elsewhere on the
site.
(8)
Should any existing vegetation on the site not scheduled or permitted
to be removed be irreparably damaged during site preparation and die
within 18 months of the conclusion of site disturbance activities,
such vegetation shall be replaced with similar vegetation.
(9)
When backfilling and grading around trees, the soil level within
the area extending from the trunk to the dripline of the tree shall
not be altered by more than two inches plus or minus.
B.
Protection of vegetation from excavations.
(1)
When digging trenches for utility lines or similar uses, disturbances
to the root zones of all woody vegetation shall be minimized.
(2)
If trenches must be excavated in the root zone, all disturbed roots
shall be cut as cleanly as possible. The trench shall be backfilled
as quickly as possible, avoiding soil compaction.
(3)
If trenches are to remain open for a period greater that eight hours,
any exposed tree roots shall be covered with burlap and thoroughly
wet down each day for the duration of the work.
Whenever it is necessary for the Commission of the Borough to
trim or remove trees by reason of the failure of the property owner
so to do after 30 days' notice, the Borough may levy and collect
costs 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 Commission, and shall
be filed by the Secretary of the Commission. Any such lien may be
collected by a civil action or a lien filed in the manner provided
by law for the filing and collection of municipal claims. The Borough
Manager shall cause 30 days' written notice to be given the persons
against whose property an assessment has been made, which notice shall
state the amount of the assessment, the time and place of payment
and a certificate from the Commission as to the work performed. In
the event of nonpayment within 30 days thereafter, the same may be
collected as herein provided.
The Commission shall submit an annual budget on or prior to
the October meeting of the Public Works Committee of Borough Council,
showing anticipated expenditures for the following year. Borough Council
may appropriate such funds as may be necessary and appropriate for
the expenses of the Commission. The members of the Commission shall
serve without compensation.
A.
Fees for the processing and issuance of any permit required by this
chapter shall be as set from time to time by resolution of the Borough
Council.
[Added 3-25-2002 by Ord. No. 2002-2]
B.
Any person who shall violate or fail to comply with any of the provisions
of this chapter or of the regulations of the Shade Tree Commission
shall be liable, on conviction thereof, to a fine or penalty of not
less than $25 nor exceeding $100 for each and every offense, and whenever
such person shall have been notified by the Commission or by other
service of summons in prosecution or in any other way that he is committing
such violation, each day on which he shall continue such violation
after any such notification shall constitute a separate offense punishable
by like fine or penalty. Such fines or penalties shall be paid to
the Borough Manager to be placed to the credit of the Commission.
Prosecution shall be by way of summary action before a Magisterial
District Judge.
The Shade Tree Commission shall prepare a list of approved plantings
for placement within the right-of-way, and such list may be set and
revised as found necessary by the Borough Council by resolution.
