[Ord. 2080, 11/8/2010, § 3[1]]
1.Â
Pursuant to Article XXVII, Section 2721 et seq., of the Pennsylvania
Borough Code, the Pottstown Borough Council has determined that it
is in the best interest of the citizens of Pottstown to promote and
protect their health, safety and welfare to adopt a tree ordinance.
The Borough Council recognizes the role that trees play in the Borough's
ecosystem and that they contribute to the quality of air, reduce noise
and visual pollution, help to moderate climatic extremes and conserve
energy. Council further recognizes the role trees play in enhancing
property values and the general quality of life in the Borough. In
order to establish a responsible program for planting, maintenance,
or removal of trees or shrubs in the right-of-way of the Borough of
Pottstown, the Borough Council finds it necessary to establish this
Part.
2.Â
This Part establishes policies, regulations, and standards necessary
to ensure that the Borough will continue to realize the benefits provided
by trees. The provisions of this Part are enacted for the purpose
of:
A.Â
Promoting the planting of trees along the streets of the Borough.
B.Â
Promoting and maintaining the aesthetic value of the streets of the
Borough.
C.Â
Providing for an orderly and efficient means of maintaining and protecting
trees along the streets of the Borough.
D.Â
Promoting the public health, safety, comfort and general welfare.
E.Â
Saving trees from indiscriminate destruction or unnecessary removal.
F.Â
Diversifying the tree species in the Borough.
G.Â
Establishing standards limiting and regulating the removal of trees.
H.Â
Establishing an education program providing information and guidelines
for tree preservation and maintenance.
[1]
Editor's Note: Ordinance No. 2080 also repealed former
Part 1, Powers and Duties of Shade Tree Commission (Ord. 11/8/1954,
as amended).
[Ord. 2080, 11/8/2010, § 3]
For purposes of this Part, the following terms, phrases, words
and their derivatives shall have the meaning given herein.
A license required of commercial tree companies that plan
to prune, remove, or apply pesticides to trees over 12 inches in diameter
on private property or prune or apply pesticides to trees on public
property in the Borough of Pottstown. An annual license shall be obtained
from the Department of Public Works, for a fee, upon showing proof
of liability insurance in the amount of $500,000 and worker's
compensation insurance as required by State law.
A person who has met the criteria for certification from
the International Society of Arboriculture or American Society of
Consulting Arborists and maintains his or her accreditation.
Trees that remain green and do not lose their leaves.
Trees that lose their leaves in winter.
The diameter of a tree at breast height, which shall be measured
at 4Â 1/2 feet above ground.
Trees that are indigenous and original to a particular geographical
area.
Any thing or act that annoys, unreasonably disturbs, hurts
a person's use of his or her property, or violates the public
health, safety and welfare.
Includes land designated as playgrounds, pools or other recreational
facilities within the Borough under the jurisdiction of the Borough
Council.
A tree, shrub, bush, or other woody vegetation in public
parks or areas to which the public has free access.
Any person, firm, partnership, association, corporation,
company, or organization of any kind.
A driveway apron or paved or concrete private walkway located
within the Borough right-of-way.
Areas located within the Borough of Pottstown that are owned
by a private person and/or entity and that are not owned by any political
subdivision.
A tree, shrub, bush, or other woody vegetation located on
private property other than a dedicated right-of-way or public easement,
or public parks and grounds.
Property or areas located within the Borough of Pottstown
that are owned by the Borough of Pottstown or any other political
subdivision, including but not limited to streets, rights-of-way,
public ways and parks.
Any tree or other planting with an infectious disease or
insect problem or dead or dying trees or plantings; or a tree or limb(s)
or plantings that obstruct the sight triangle of streetlights or traffic
signs or the free passage of pedestrians or vehicles; or any tree
or other planting that obstructs or interferes with public utilities;
or a tree or planting that poses a threat to the public health, comfort,
safety, and welfare, as determined by the Borough Manager's designee.
The person holding legal title to the property or properties
upon which a street tree, shrub, bush or other woody vegetation is
located.
Public water and sewer lines, electric lines, gas lines,
telephone or cable television lines, curbs, stormwater system, and
sidewalks located within the public right-of-way, and other public
improvements.
Includes all grounds owned, leased or controlled by the Borough
Council, for public use.
Any public street, road, highway, public easement, sidewalk,
alley, curb lawn, or public waterway, and includes the entire width
of any right-of-way when any part thereof is open to the use of the
public, as a matter of right, for purposes of vehicular and pedestrian
traffic.
The Borough of Pottstown Public Works Director or designee.
Deciduous, woody plants having a single, well-defined stem,
normally growing to a mature height of less than 30 feet.
To cut down a tree or remove 50% or more of the crown, trunk,
or root system of a tree; or to damage a tree so as to cause the tree
to decline and/or die. It does not include normal trimming or pruning.
Land which, by deed, conveyance, agreement, dedication, usage
or process of law, is reserved for use by the Borough.
A highway, road, avenue, lane, alley, culvert, embankment,
or sidewalk, which the public has a right to use.
A tree, shrub, or other woody vegetation on land, the trunk
of which is located wholly or partially within the right-of-way along
either side of a street, avenue or other way or within a dedicated
side of a street, avenue or other way. A street tree may also be identified
as a public tree or shade tree.
Woody plants, generally with no single well-defined stem,
used as accent, border or foundation plants, which can be maintained
at a height of less than three feet.
Severe cutting back of limbs to stubs larger than three inches
in diameter within the tree crown to such degree so as to remove the
normal canopy and disfigure the tree.
Includes any tree or other planting on public land or private
land, as indicated by subsequent provisions of this Part and resolutions
enacted by Borough Council.
SMALL TREEAny tree reaching a mature height of 25 feet.
MEDIUM TREEAny tree reaching a mature height of 25 feet to 45 feet.
LARGE TREEAny tree reaching a mature height of over 40 feet.
The green space adjacent to a street or highway, not covered
by sidewalks or other paving, lying between the property line and
that portion of the street or highway usually used for vehicular traffic.
Includes, but is not limited to, pruning, shaping, thinning,
cabling, stump removal, root pruning, topping, fertilizing, removing,
planting, and spraying for insect and disease control of a tree.
Those entities that provide electric, gas, sewer, water,
telephone, stormwater system, and cable television to properties within
the Borough.
[Ord. 2080, 11/8/2010, § 3]
1.Â
The Borough of Pottstown shall have control and regulatory authority
of all street trees, shrubs, and other plantings now or hereafter
in any street, park, public right-of-way or easement, or other public
place within the Borough limits.
2.Â
No person shall cut, trim, mutilate, injure or destroy any tree,
including, but not limited to, the roots, located on Borough rights-of-way
or easements without first having obtained a street tree permit from
the Director of Public Works; provided, however, that nothing in this
section shall be construed to prohibit the trimming or cutting by
the Borough of trees or parts thereof which extend over any street
or other rights-of-way belonging to the Borough when such trimming
or cutting is necessary to prevent interference with any Borough-owned
utility, or to remove any dangerous condition, or for any other Borough
purpose, or the trimming of any aspect of the tree excluding the roots
which equates to less than 25% of the tree. Under no circumstance
shall street tree roots be cut without inspection and approval by
the Borough and, at the Borough's discretion, inspection and
approval by a certified arborist.
[Amended by Ord. 2172, 1/8/2018]
[Ord. 2080, 11/8/2010, § 3]
1.Â
Street Tree Planting Approval.
A.Â
Before any tree is planted within the street, park, public right-of-way
or easement, or other public place within the Borough limits, the
Director of Public Works shall approve the planting location. In the
event that a property owner is requesting to plant a tree in the public
right-of-way, a tree planting application shall be completed and submitted
to the Public Works Department. If the Borough plans to plant tree(s)
in the right-of-way, each location shall have a planting application
completed and each location will need to be approved. The review process
shall include but not limited to the following items:
(1)Â
The Public Works Department shall research any plans that may
provide information on underground pipes, wires or private systems.
The review shall include the setback for hydrants, corners, other
trees, poles, and water and sewer pipes.
(2)Â
The Public Works Department shall issue a PA One Call to have
all utilities located for the planting location.
(3)Â
The Director of Public Works shall approve the selected location
as being acceptable for the planting of tree(s).
(4)Â
The Public Works Department shall then present the property
owner with information as to the responsibilities of having a street
tree planted in front of his or her property. As part of the information
that is given to the property owner, there shall be a form that the
property owner signs to acknowledge the information and approve the
planting of a tree(s) in front of his or her property.
(5)Â
The property owner shall then sign the form and return it to
the Public Works Department before any tree(s) are planted. In the
event that the designated location is not acceptable, an alternate
location shall be provided if possible. If there is not an alternative
location, then the application shall be rejected by the Director of
Public Works.
B.Â
When tree root barriers are required as part of the planting of a
street tree, all installation work shall be in strict accordance with
the methods recommended by the manufacturer and/or the Borough.
C.Â
The Public Works Department shall establish areas of the Borough
where the planting of trees shall be located behind the sidewalk,
but in the right-of-way. This would allow trees to share the balance
of the right-of-way and not interfere with the sidewalk. This would
not create line-of-sight problems and would not interfere with utilities
that are located closer to the curbline, including overhead wires.
The trees would have more of the yard to grow in and may not cause
as much damage to sidewalks.
D.Â
No tree, at any time, shall be planted directly in line with a doorway
that enters upon the sidewalk.
2.Â
Approved Tree Species. Borough Council shall adopt, by resolution,
from time to time, a list of approved tree species, based upon tree
size and classification.[1] Such resolution shall include the tree planting area needed
for each tree group, as well as the size of the tree planting wells.
The Public Works Department shall approve a tree-planting list that
shall have three classes of trees, based on the mature height and
width of the tree. The Borough of Pottstown recognizes that there
is no perfect tree for all situations. Trees shall be approved based
on the location of the planting. In an effort to prevent a mature
tree from growing into the overhead wires, a size-appropriate species
shall be selected.
[1]
Editor's Note: The current tree species resolution is
on file in the office of the Borough Secretary.
3.Â
Location of Tree Planting. The tree shall be planted halfway between
the curb and sidewalk and halfway in the length of the planting bed
area as required by the tree species group. In the event that the
sidewalk area is not wide enough to allow for the above planting bed,
then the sidewalk will need to be realigned to allow for the required
planting area.
A.Â
Distance from Curbs and Sidewalks. The distance trees shall be planted
from the curb and sidewalk shall be in accordance with the tree group
list. No tree may be planted closer than the following:
(1)Â
Group A trees shall be planted 1.5 feet from the face of curb
and 1.5 feet from the edge of the sidewalk.
(2)Â
Group B trees shall be planted two feet from the face of curb
and two feet from the edge of the sidewalk.
(3)Â
Group C trees shall be planted three feet from the face of curb
and three feet from the edge of the sidewalk.
B.Â
Underground Utilities. No tree shall be planted within 10 feet of
any underground electric wire or conduit, gas pipe or valve, communication
wire or conduit, or water pipe, curb box, valve box, or any other
facilities attached to the water system. No tree shall be planted
within 10 feet of any sewer pipe, curb vent, cleanout pipe, stormwater
pipe, or any other pipe that is connected to the sewer or stormwater
systems. All distances shall be measured from the center of the tree
trunk.
C.Â
Overhead Electric Utilities. Trees that are to be located under overhead
wires shall be chosen from the Group A tree list. The Group A list
will help to minimize interference with the overhead wires.
E.Â
Distances from Street Corners and Fire Hydrants. No tree shall be
planted closer than 50 feet to any street corner. The setback shall
be measured from the point of the intersection of the two curblines
and 15 feet from driveways and alleys. No tree shall be planted closer
than 10 feet to a fire hydrant.
[Ord. 2080, 11/8/2010, § 3]
The maintenance of trees shall be governed by this Section.
The Borough may adopt, by resolution, a policy providing for rules
and regulations for sidewalk maintenance, in conjunction with the
maintenance of trees.
A.Â
Tree Maintenance by Owner.
(1)Â
In consideration of the value and benefits derived from the
beauty and enjoyment of a street tree, the property owner shall have
the primary responsibility and shall bear the cost of maintenance
and care of the street tree and shall regularly inspect and remove
defective conditions, as necessary.
(2)Â
The Borough shall not be liable for injury, damage, or loss
to person or property caused in whole or in part by the defective
or dangerous condition of any tree located in or upon a right-of-way.
The property owner shall defend and hold harmless the Borough from
all claims for loss and damage arising from the property owner's
failure to comply and maintain a street tree in front of his or her
property.
(3)Â
It shall be the duty and responsibility of every person owning
or occupying any property within the Borough to keep all trees on
that property trimmed in such a manner that there is a clearance of
at least 14 feet above any street or alley and a clearance of at least
seven feet over any sidewalk.
(4)Â
The owner or occupant of any corner lot or premises in the Borough
shall keep trees, hedges and growth at the corners of intersecting
streets, whether between the curbline and the private lot line or
within the private lot or premises, so trimmed that the height of
the same shall not exceed three feet above the curb level for a distance
of 30 feet measured horizontally in any direction from the point of
intersection of the property lines at street corners.
B.Â
Tree Maintenance by Borough. In the absence of appropriate maintenance
by the responsible property owner, the Borough shall have the right
to plant, prune, maintain, and remove trees located within the public
right-of-way or private property, as may be necessary to protect public
safety or to preserve or enhance the appearance of public property
or private property. The Borough may remove, or order after notice
to be removed at the expense of the responsible property owner, any
tree or part thereof which is in an unsafe condition or which by reason
of its nature is injurious to sewers, electrical power lines, telephone
or cable television lines, natural gaslines, waterlines, or other
public improvements, or is affected with any injurious fungus, insect,
or other pest.
C.Â
Maintenance Practices.
(1)Â
Tree Topping. The practice of topping of any street tree shall
be discouraged. Topping is the cutting back limb to stubs. This practice
is done to reduce or remove the normal canopy of the tree. Trees under
utility wires that require topping for the protection of the utility
infrastructure may be exempt from this Section.
(2)Â
Removal of Stumps. All stumps of street trees shall be removed
to a minimum depth of four inches below the surface of the ground.
When a street tree is removed and a new tree is not planted, any sidewalk
that was removed to allow for a planting area must be replaced, as
required. All tree stumps shall be removed within the permit period
of the tree removal permit.
(3)Â
Trimming of Roots. The practice of root pruning should be limited
to locations where other options listed under sidewalk repair options
cannot be utilized. All root pruning shall be coordinated with an
approved arborist.
(4)Â
Obstruction.
(a)Â
It shall be the duty of any property owner to keep the street
trees pruned in a manner that will not obstruct the passage of pedestrians
on sidewalks, obstruct vision, or obstruct the view of any street
or alley intersection. The minimum clearance of any overhanging portion
thereof shall be at least seven feet over sidewalks and 14 feet over
all streets.
(b)Â
When a property owner is notified of an obstruction due to a
street tree and does not correct the violation within 45 days of notice,
the Borough shall have the right to have the violation corrected and
bill the property owner for all cost.
[Ord. 2080, 11/8/2010, § 3]
1.Â
Criteria.
A.Â
No person shall remove a street tree without obtaining a permit from
the Public Works Director. Permits to remove street trees will be
granted only if one of the following conditions exist:
(1)Â
The tree is dangerous and may be made safe only by its removal.
(2)Â
The tree is dead or dying and its condition cannot be reversed.
(3)Â
The tree is diseased and presents a potential threat to other
trees within the Borough.
(4)Â
If the tree has damaged the roadway facilities (including but
not limited to the sidewalk, curb, gutter and pavement) and further
damage cannot be prevented by reasonable tree maintenance procedures.
B.Â
A tree that is affecting a sanitary sewer line from a building shall
be considered for removal only if the sewer lateral pipe cannot be
replaced due to the size or location of the tree.
C.Â
A tree may be considered for removal if it is affecting other trees
in such a way that the growth needs to be thinned or if the branches
are affecting utility lines, is growing too close to a utility pole,
or is growing too close to another immovable obstruction (i.e., a
flagpole).
2.Â
Procedure.
A.Â
Any street trees that are approved for removal shall be replaced
at the property owner's expense. The property owner may replace
the tree at an approved location or pay in lieu a sum not to exceed
$200 for a replacement tree. The location where the tree has been
removed must conform to the requirements for planting a new tree.
If the same location is not approved for replanting, then an alternate
location shall be identified for the replacement tree. The replacement
tree must have a minimum caliper of 2Â 1/2 inches at four-foot
height, be of a species that meets height requirements at maturity.
B.Â
The removal of a tree from the Borough right-of-way shall be the
responsibility of the property owner who shall bear all costs of the
said removal and the associated restoration of the right-of-way. In
the event that a property owner fails to respond to a request for
removal, the Director shall have the authority to perform such a removal
and to bill the property owner for the costs thereof.
C.Â
When a tree has been removed from the Borough right-of-way without
a permit, the Director shall have the authority to require the property
owner to replace that tree with another tree at the property owner's
sole expense. The installation and planting of the replacement tree
shall conform to the requirements for planting a new tree. All permits
to remove a street tree shall be issued for no more than 60 days from
the date of issue. All work shall be completed within that sixty-day
permit period.
[Ord. 2080, 11/8/2010, § 3]
Any action of the Director of Public Works may be appealed to
and heard by the Tree Appeal Board. The Appeal Board shall be comprised
of the Borough Manager, the Councilperson from the ward where the
appeal is from and the Director of Public Works. Any appeal must be
filed within 10 days after the decision of the Director. The appeal
shall be in writing and shall be filed with the Director for placement
before the Appeal Board. The appeal shall clearly specify the reasons
for which a hearing is requested. After a hearing, the Appeal Board
shall render its decision. In the event that the applicant is not
in agreement with the Appeal Board's decision, a final appeal
may be made to Borough Council. The appeal to Borough Council shall
be filed with the Borough Manager's office in writing within
10 days of the Appeal Board's date of mailing to the applicant.
The Borough Council shall hold a public hearing on the requested appeal
and render a decision. The decision of the Borough Council shall be
final.
[Ord. 2080, 11/8/2010, § 3]
The Borough of Pottstown Public Works Department is charged
with enforcing the Pottstown Tree Ordinance. The Public Works Director
shall have the authority and jurisdiction of regulating the planting,
maintenance, and removal of trees on streets and other publicly owned
property to ensure safety or preserve or enhance the aesthetics of
such public sites. The Public Works Director shall have the authority
to supervise or inspect all work done under a permit issued in accordance
with terms of this Part.
A.Â
Licensing. Commercial tree companies that plan to prune, remove,
or apply pesticides to trees within the Borough are required to have
an annual license. An annual license may be obtained from the Department
of Public Works, for the fee then in effect, upon showing proof of
liability insurance in the amount of $500,000 and worker's compensation
insurance as required by State law. The Director of Public Works shall
issue the annual license to an individual or firm meeting the criteria
specified above. The license shall be valid for the calendar year
issued.
B.Â
Permits.
(1)Â
No person shall plant, spray, fertilize, prune, remove, cut
above or below ground, or otherwise disturb any tree on any street
or municipal-owned property without first filing an application and
procuring a permit from the Director of Public Works. The person receiving
the permit shall abide by the arboriculture specifications and standards
of the Borough.
(2)Â
In addition, the contractor is required to show adequate insurance
coverage from potential damages during the execution of the work.
Pruning, treating, or removing street or park trees shall be performed
by or under the direct supervision of a certified arborist. Permits
shall not be required by a Borough employee doing work on behalf of
the Borough.
C.Â
Revocation of Permit. The Director shall have the authority to monitor
and inspect any permitted work. A permit issued under this Part may
be revoked by the Public Works Director if the conditions of the permit
or any provision of this Part are being or have been violated or are
not fulfilled in a timely manner or the permittee or his or her contractor
is violating any other law or ordinance by engaging in or attempting
to perform the permitted work.
D.Â
Penalty for Violation. Any person who neglects or refuses to comply
with, or assists in the violation of, any of the provisions of this
Part, or any order, permit, or notice issued pursuant thereto, upon
conviction, shall be fined not more than $600 for each such violation
and shall pay in addition the cost of replacement as provided in this
Section. Each day any such violation continues shall constitute a
separate offense, and each tree removed or damaged shall also constitute
a separate offense. The cost of replacement shall be $100 for each
DBH inch of the removed or damaged tree. If the precise DBH cannot
be determined, the cost of replacement shall be determined by the
Director of Public Works' estimate of the DBH of the removed or damaged
tree. The property owner shall be responsible for the violation and
shall pay the replacement cost to the Borough. The location, species,
and planting specification for replacement trees shall be approved
by the Director of Public Works prior to replanting.
[Ord. 2080, 11/8/2010, § 3]
1.Â
If personal injury or property damage is imminent due to the hazardous
or dangerous condition of a tree located in the right-of-way, the
tree may be removed, pruned or trimmed or other necessary action taken
without a permit so long as the action taken is in response to the
emergency situation and is reasonable under the circumstances and
does not exceed the type of action necessary to address the emergency
situation.
2.Â
When any emergency work is performed under these provisions, the
property owner or person performing the work shall promptly notify
the Public Works Department about the emergency situation, advise
the Public Works of the work to be done and apply for a permit for
any further work to be performed to address the situation.
3.Â
In the case of removal of a tree under such an emergency situation,
the person removing the tree shall promptly notify the Public Works
Department about the emergency, advise the Public Works Department
of the work performed and apply for a permit to replace the tree.
The replacement tree shall meet all requirements for planting a new
tree.
[Ord. 2080, 11/8/2010, § 3]
There is hereby created a Borough of Pottstown Tree Fund for
the purpose of receiving money paid to the Borough in lieu of required
tree plantings, or for compensation for damage or removal of Borough-owned
trees, or funds received from issuing of licenses and/or permits,
and other funds that are generated from the street tree program. The
fund shall be used to support the street tree program.
