All persons who shall conduct, or cause to be conducted, any erection, repair, alteration, construction, or other similar act near any tree, shall use best efforts to protect and preserve the trees in and about the area of such conduct.
The Borough shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the Borough as may be necessary to insure public safety, preserve or enhance the beauty or symmetry or public grounds, or effectuate the intent and purpose of this chapter. The Borough may remove or cause to be removed any tree or part thereof which is in an unsafe condition or which may be injurious to sewers, electric lines, gas lines, water lines, or other public improvements, or which is or may be infected with any fungus, insect or pest.
In the event that the Borough Engineer has determined that one or more Borough trees must be removed for the benefit of a Borough project or due to one or more Borough trees becoming a hazardous tree due to a Borough project, then:
The Borough tree(s) and the stump(s) shall be removed; and
The Borough tree(s) shall be replanted on a one-for-one basis, in accordance with the planting requirements of this chapter; and
The cost of the removal(s) and replanting must be a part of the project cost; and
Adjacent property owners shall be notified and offered the option to participate in the Adopt-a-Tree Program.
The following practices are prohibited and shall constitute a violation if such practice continues by the same person, landscape company, or on or near the same private property. Notice of the violation condition shall allow a seven-calendar-day grace period, after which the property owner shall be subject to the proscribed violation penalty if the condition remains or continues. Second violations of the same type for the same property owner shall not allow such grace period. Violation Types 1, 2 and 4 shall not allow such grace period.
Violation Type 2, Vandalism or Severe Preventable Damage:
Malicious vandalism of any Borough tree.
Cut, break, injure, disturb, install nails or other metal objects into, or interfere in any material manner with any Borough tree, or tree in a commercial buffer area;
Roots cut from a Borough tree in such a manner to destabilize the Borough tree.
Conduct any excavation without a permit within four feet of any Borough tree; and/or
Engage in any tree topping of a Borough tree as defined in this chapter;
Spray any Borough tree or near any Borough tree any chemical which may cause injury or death to said Borough tree, or place salt, brine, oil, or any other substance which is or may be injurious to plant growth on the ground, sidewalk or street area within 30 feet of the base of the Borough tree;
To build fires or station any kettle, road roller, fuel oil dispensing truck, or other engine in any street or other public place in such a manner that the heat, vapors, fuel or fumes may injure a Borough tree.
Violations Type 3, Other:
Mulch installed to more than six inches deep at the base of a Borough tree.
Motorized trimmers and lawn mowers utilized in such a way to damage the bark or cambium layer of a Borough tree.
Soil applied in excess of six inches deep on top of the soil at the area under the drip line of a Borough tree.
To remove or injure any guard or device placed to protect any Borough tree.
To place salt or other substances injurious to plant growth in any street, park, and public place in such a manner to injure any Borough tree.
Fasten any rope, wire, sign, or other device to any Borough tree or to any guard about such Borough tree;
Close or obstruct any open space about the base of any Borough tree which would prevent the access of air, water and fertilizer to the roots of such tree;
Every person having or maintaining utility lines in the street, park or public place shall maintain such lines in a manner as will safeguard the Borough tree against damage and make periodic adjustments whenever necessary to prevent damage to Borough trees.
Place or maintain in any street or ROW or park, any stone, cement, or other sidewalk or other substance which may impede the free access of air and water to the roots of any Borough tree, and, where any Borough tree is surrounded by pavement of stone, placement of cement or asphalt or any other substance tending to impede the free access of air and water to the roots of any Borough tree;
The Borough may notify in writing any property owners of any tree(s) which may, for any reason, threaten public safety, and require the removal of any such tree(s), or pruning of such tree limbs, at the owner's expense and in accordance with the requirements of this chapter with such removal to occur within 30 days of the date of such notice. The Borough may remove such tree(s), or prune such tree limbs, in the event of owner's failure to cause such removal, and the costs thereof shall be included in the next property tax bill rendered to the owner. The Borough or the Commission shall give reasonable notice of its intention to remove or prune, or cause the removal or pruning of any tree(s), or part thereof, unless public safety requires immediate removal, in which case no notice shall be necessary.
The Commission shall have the power to administer treatment to or remove any tree(s) situated upon private land which is believed to harbor a disease or insects, or is within the recommended radius of a tree which is believed to harbor a disease or insects, readily communicable to neighboring healthy trees in the care of the Borough. The Borough shall have the right to enter upon private land for that purpose, with notice to the property owner thereof, provided that the suspected condition is first confirmed by a certificate by or on behalf of the Department of Agriculture. The cost of such treatment or removal shall be borne by the Borough.
All sewer service mains from private improvements to the point of tap at the public sewer main are the responsibility of the property owner to maintain regardless of the origination of any tree roots or other tree-related problem. The Borough shall not be responsible for clearance of tree roots, or replacement of sewer piping, or any other affiliated expense of sewer service mains. In the event that repair or replacement of the sewer main pipe would destabilize a Borough tree(s) and cause it (them) to become a hazard tree(s) according to USDA Forestry guidelines, then the property owner must remove and replace the Borough tree(s) at the property owner's expense. The replacement tree must comply with the planting requirements of this chapter.
Property owners shall not prune or cause to be pruned any portion of any tree within 10 feet vertical or horizontal distance of a utility wire, inclusive of electric, cable and telephone wiring. Issues pertaining to such wires shall be reported to the utility company.
Property owners are responsible for the maintenance of sidewalks at all times. In the event that sidewalk work for repair or replacement becomes necessary for any reason, the property owner must obtain a permit from the Department of Buildings. The permit process shall include a review by the DSTC of any Borough tree(s) within the ROW.
In the event that repair or replacement of the sidewalk, in like and kind, would destabilize the Borough tree(s) and cause it (them) to become a hazard tree(s) according to USDA Forestry guidelines, then the property owner must remove and replace the Borough tree(s), on a one-for-one basis, at the property owner's expense unless the property owner meets both of the following two requirements of proof:
Proof that one, or a combination of, the following options cannot be done to avoid creating a hazard tree condition:
Reroute the sidewalk, within the ROW, with a minimum sidewalk width of three feet and a clear distance of at least 25% of DBH from the edge of the new sidewalk to the point where the root collar enters the soil; and/or
Regrade soils and the sidewalk, but the new sidewalk slope shall not exceed 1:12 ratio, or current ADA handicapped accessibility standards, and the soil height shall not be increased more than six inches; and/or
Use alternate materials, but such materials shall have a warranty period of at least 10 years.
Proof that the Borough tree(s) meet the definition of an overgrown tree.
The property owner must provide such proof along with any notice to the DSTC that the Borough tree(s) requires removal at Borough expense.
The replacement tree(s) must comply with the planting requirements of this chapter.