[Adopted 6-23-1964 by Ord. No. 597; amended
in its entirety 4-26-2018 by Ord. No. 2-2018]
A Shade Tree Commission is hereby created in and for the City
of Monessen. Said Commission shall be constituted as provided by law
and shall perform all the duties and may exercise all the powers conferred
by law upon shade tree commissions of cities of the third class.
A.
Commission members and qualifications. The Shade Tree Commission
shall be composed of five members, who shall be appointed by the Mayor
and City Council and shall serve without compensation. The Mayor and
Council shall reserve three appointments for members who have experience
in forestry, horticulture, botany, landscape architecture, or related
fields. In an instance where there are less than three applicants
with experience in forestry, horticulture, botany, landscape architecture,
or related fields, the Mayor and Council may fill those remaining
seats with applicants who have no experience. City Council has the
option to further appoint a liaison from its membership to the Commission
for the purpose of keeping the City Council informed of Commission
activities. Such liaison will be a nonvoting member of the Shade Tree
Commission.
B.
Term of Commissioners. Council shall appoint the initial members
of the Commission for the following terms retroactive to the first
Monday of January 2018: two members shall be appointed to serve a
term of three years, and two members shall be appointed to serve a
term of two years. Each term shall remain in full force and effect
until the first Monday of January upon the expiration of any term.
On the expiration of any term of any of the initial members, a successor
shall be appointed by the Mayor and Council to serve a term of five
years. Successors may continue to serve beyond the expiration of their
term if there is a delay in appointing their successors.
C.
Appointment of nonresidents. At the discretion of the Mayor and City
Council, not more than two members who reside outside of the City
may be appointed to the Shade Tree Commission.
D.
Vacancies. In the event that a vacancy shall occur during the term
of any member, a successor shall be appointed for the unexpired portion
of the term.
E.
Operation. The Commission shall choose its own officers, make its
own rules and regulations, unless otherwise stated by ordinance, and
keep a journal of its proceedings. A majority of the members shall
be a quorum for the transaction of business. The Commission shall
be required to submit to City Council an annual report of its activities
and official actions.
The Shade Tree Commission shall have the authority and jurisdiction,
with approval of the Mayor and Council, of regulating the planting,
maintenance and removal of trees on streets and other publicly owned
property, to ensure safety or preserve the aesthetics of such public
sites. All actions to plant new trees, prune (canopy and root) and/or
remove existing trees shall be taken following a public meeting, and
by approval from the Mayor and City Council. Advertisements for such
meetings shall be in accordance with the Sunshine Act of the Commonwealth
of Pennsylvania.[1] The bylaws of the Shade Tree Commission shall determine
the frequency of said meetings and the agenda for each.
[1]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
A.
The Shade Tree Commission shall have the authority to formulate a
Master Shade Tree Plan. Public hearings will be held as necessary.
The Master Shade Tree Plan shall specify the species of trees to be
planted on streets or other public sites of the City, a City-wide
tree planting strategy, and a correct standard for tree trimming and
maintenance. The Commission, in making its decisions, shall use the
Master Shade Tree Plan. From and after the effective date of the Master
Shade Tree Plan, or any amendment thereof, all planting shall conform
thereto.
B.
Prior to the implementation of any Shade Tree Plan or any amendment
to any Shade Tree Plan, the Shade Tree Commission shall obtain approval
from the Mayor and Council.
C.
The Shade Tree Commission shall consider all existing and future
utility and environmental factors when recommending a specific species
for each of the streets and other public sites of the City.
A.
Preferred tree species.
(1)
All plant materials used shall be selected from the official list
published and revised by the Shade Tree Commission in the Master Shade
Tree Plan. Only plant material grown in nurseries shall be procured
for shade tree planting. Trees should be true to form and typical
of the species.
(2)
The use of any tree other than those mentioned above shall require
the approval of the Shade Tree Commission and the Mayor and City Council.
(3)
Not all trees on this list are suitable for all situations. The Shade
Tree Commission shall determine suitability. Additionally, as new
varieties are developed and existing ones improved, this list shall
be amended.
B.
Tree specifications.
(1)
Each tree shall meet the Rules of Arbor Work for the City of Monessen,
adopted by reference and made part of these Codified Ordinances as
if fully set forth herein. The Shade Tree Commission may amend said
rules when then-current arbor standards are revised.
(2)
As different trees require different soil conditions, it may be necessary
to add amendments or replace existing soil prior to planting.
C.
Planting locations.
(1)
The actual location of each individual tree shall be determined upon
due consideration of visibility, proximity of utility poles, overhead
and guy wires, driveways, and underground utility installations. No
landscaping, tree, or shrub shall be maintained in the vicinity of
any corner, street intersection, or accessway intersecting a public
right-of-way that is an obstruction to visibility, interferes with
the clear sight triangle requirements, extends into street corner
visibility areas, or is a traffic hazard.
A.
Abuse or mutilation of shade trees.
(1)
Unless specifically authorized by the Shade Tree Commission, no person
shall intentionally damage, cut, carve, transplant, or remove any
tree; store construction or other materials and equipment which may
be hazardous; allow any gascous, liquid, or solid substance, which
is harmful to the continued vitality of trees, to come in contact
with them; or set fire or permit any fire to burn when such fire or
the heat therefrom will injure any portion of any tree.
(2)
No person shall, without approval of the Shade Tree Commission, place
any stone, cement, or other substance, which impedes the passage of
water and air to the roots of any shade tree, unless such person has
an open space of ground surrounding the trunk of such tree.
(3)
No person shall pour any material at any place in such a manner that
injury might result to any shade tree.
(4)
It shall be unlawful as a normal practice for any person or firm
to top any shade tree. "Topping" is defined as the severe cutting
back of limbs to stubs within the tree's crown to such a degree so
as to remove the normal canopy and disfigure the tree.
B.
Protection and maintenance.
(1)
In the erection or repair of any building, structure, road, or sidewalk,
the builder, contractor, or owner thereof shall place such guards
around all nearby trees on the public street or highway as will effectively
prevent injury to them.
(2)
Any tree that is deemed to be a danger to public welfare and property
by reason of its damaged or diseased condition, or from not being
maintained in compliance with this article, shall be removed or trimmed,
so that it is in compliance.
The costs of activities under this article may, at the Council's
discretion, be assessed against the owners of the properties abutting
the street, sidewalk or right-of-way upon which any tree is located
pursuant to Chapter 145A of the Third Class City Code, except that
the cost and expense of caring for trees after they have been planted
shall be paid by the City.
Any person who violates any provision of this article shall,
upon conviction thereof, be guilty of a summary offense punishable
by a fine of not more than $300 and costs of such proceedings. The
continuation of any violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided for
each separate offense.
Any property owner aggrieved by any regulation for the care
and protection of shade trees in the City may apply to the Commission
for a variance by filling out a shade tree variance request. Any granting
of a variance must be approved by the Mayor and Council upon recommendation
of the Shade Tree Commission.
All ordinances or resolutions or parts of ordinances or resolutions
insofar as they are inconsistent herewith are hereby repealed and
rescinded.
In the event any provision, section, sentence, clause or part
of this article shall be held to be invalid, such invalidity shall
not affect or impair any of the remaining provisions, sections, sentences,
clauses, or parts of this article, it being the intent of the City
of Monessen that the remainder of the article shall be and shall remain
in full force and effect.
This article shall become effective 10 days after enactment.
