[Adoptedx Ord. 10-1993, 7/14/1993, § 1]
1.
COMMISSION
PERMIT
PERSON
PUBLIC HIGHWAY
SECRETARY
SHADE TREE
The following words and phrases when used in these regulations have
the meaning hereby ascribed to them, except in those instances where
the context clearly indicates a different meaning:
The Shade Tree Commission of the Borough of Conshohocken
as appointed by Borough Council.
Any permit in writing as issued by the Municipal Arborist
or his designee.
Any natural person, firm, association, partnership or corporation.
Any street, sidewalk or alley open to the public.
The Secretary of the Shade Tree Commission.
Any tree, shrub or other woody plant in and along the public
streets and highways in the Borough of Conshohocken.
2.
In these regulations, the singular shall include the plural, and
the masculine shall include the feminine.
[Adoptedx Ord. 10-1993, 7/14/1993, § 2; as amended
by Ord. 9-2008, 12/17/2008]
1.
No person shall plant, prune, remove, cut above ground or otherwise
disturb any tree on any street or municipal owned property without
first filing an application and procuring a permit from the Municipal
Arborist. The person receiving the permit shall abide by the arboricultural
specifications and standards of practice adopted by the Borough Council
by resolution.
2.
The application for any permit required hereunder shall be made in
writing to the Municipal Arborist. It shall specify the particular
kind of work or operation the applicant desires to perform thereunder
and shall state the exact location and the species of any tree affected.
The permit shall be effective for such length of time as the Municipal
Arborist shall in each case determine and such time shall be indicated
on the permit. This permit may be revoked at any time upon proof satisfactory
to the Municipal Arborist that any of the terms or conditions upon
which such permit was issued are or have been violated. The Commission,
in its discretion, may, as a condition precedent to the issuance of
the permit, require the applicant to file a bond satisfactory to the
Commission or to deposit security satisfactory to it to guarantee
the compliance by the applicant with the terms and conditions upon
which such permit is issued.
3.
Application for permits must be made at the office of the Borough
Secretary. Fees shall be those as established by Council resolution
from time to time.
4.
Standards of Issuance. The Municipal Arborist shall issue the permit
provided for herein if, in his judgment, the proposed work is desirable
and the proposed method and workmanship thereof are of a satisfactory
nature. Any permit granted shall contain a definite date of expiration
and the work shall be completed in the time allowed on the permit
and in the manner as therein described. Any permit shall be void if
its terms are violated.
5.
No person or property owner shall remove a street tree for the purpose
of construction, or for any other reason, without first filing an
application and procuring a permit from the Municipal Arborist. The
person or property owner shall bear the cost of removal and replacement
of all trees removed.
6.
Notice of completion shall be given within five days to the Municipal
Arborist for his inspection.
7.
Any property owner receiving a notice or order from the Municipal
Arborist to remove a diseased, decayed or damaged tree shall have
the right to appeal to the Public Safety Committee of Borough Council
within five days from the date thereof. Unless an appeal is filed
with the Public Safety Committee in writing within said five-day period,
the order of the Municipal Arborist shall be final and binding. After
receiving notice of appeal, the Public Safety Committee shall now
afford the property owner a hearing and shall make inspection of the
diseased, decayed or damaged tree and shall thereafter make such order
as the facts may warrant.
8.
No person shall, without first obtaining a permit therefore, cut,
break, climb with spurs, injure in any manner or remove any shade
tree, or cut down or interfere in any way with the main roots of any
shade tree, or place any rope, guide wire, cable, sign, poster or
any other fixture on any shade tree or guard for any shade tree; or
injure, misuse or remove any device placed to protect any shade tree,
except in case of immediate necessity for the protection of life and
property.
9.
No person shall, without first obtaining a permit, place or hereafter
maintain any stone, cement or any other substance which shall impede
the passage of water and air to the roots of any shade tree unless
such person shall have an open space of ground surrounding the trunk
of such tree, such space to be not less than four square feet.
10.
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 be commenced, guards shall be placed at all
shade trees which might be affected by such work so as to effectively
prevent injury to them.
11.
No person shall pour salt, water, oil or any other material at any
place or in such manner that injury might result to any shade tree.
12.
No person shall, without having first obtained a permit therefore,
attach any electric wire, insulator or any device for the holding
of any electric wire to any shade tree.
13.
Every person having any wire charged with electricity running along
or through a public highway shall securely fasten such wire or place
an adequate shield thereon so that such wire shall not come into contact
with any shade tree so as to injure the same.
14.
Whenever, in order to take down or prune any shade tree on any public
highway or having branches extending over any public highway, it shall
be deemed necessary to remove any wire running through or along such
public highway, the owner of such wire shall temporarily remove the
same or cut off the flow of current therefrom within 24 hours after
service of written notice from the Municipal Arborist to do so.
15.
These regulations shall be enforced by the Commission and/or the
Code Enforcement Officers, in conjunction with the Mayor and the Borough
Police, if appropriate.
16.
Any person violating or failing to comply with any of the provisions
of this Part, shall, after notice and upon conviction thereof, be
sentenced to pay a fine not to exceed $1,000 plus costs and, in default
of payment of said fine and costs, to a term of imprisonment not to
exceed 30 days. Such person shall also be subject to other penalties
and sanctions as per the statutes of this Commonwealth.
[Adoptedx Ord. 10-1993, 7/14/1993, § 3]
1.
Application Data. The application required herein shall state the
number of trees to be set out, the location, grade, species, cultivar
or variety of each tree; the method of planting; and such other information
as the Municipal Arborist shall find reasonably necessary to a fair
determination of whether a permit should be issued.
2.
Improper Planting. A citation shall be issued with appropriate fines
whenever any tree shall be planted or set out in conflict with the
provisions of this Section. It shall be lawful for the Municipal Arborist
to remove or cause removal of the same and the exact cost thereof
shall be assessed to the owner as provided by law in the case of assessments.
[Adoptedx Ord. 10-1993, 7/14/1993, § 4; as amended
by Ord. 9-2008, 12/17/2008]
1.
Application Data. The application required herein shall state all
trees by species to be pruned or removed and the manner in which work
will be done.
2.
It shall be unlawful as a normal practice for any person, firm or
Borough department to top any street tree, park tree or other tree
on public property. Topping is defined as the severe cutting back
of limbs to stubs larger than three inches in diameter within the
tree's crown to such a degree so as to remove the normal canopy
and disfigure the tree. Trees severely damaged by storms or other
causes or certain trees under utility wires or other obstructions
where other pruning practices are impractical may be exempted from
this Part at the determination of the Municipal Arborist.
3.
All stumps of street and park trees shall be removed below the surface
of the ground so that the top of the stump shall not project above
the surface of the ground. The stump must be removed within 60 days
after the removal of the tree.
[Adoptedx Ord. 10-1993, 7/14/1993, § 5]
1.
Every owner of any tree overhanging any street or right-of-way within
the Borough shall prune the branches so that such branches shall not
(severely) obstruct the light from any street lamp or obstruct the
view of any street intersection and so that there shall be a clear
space of 13 feet above the street surface or nine feet above the sidewalk
surface. Said owners shall remove all dead, diseased or dangerous
trees or broken or decayed limbs which constitute a menace to the
safety of the public. The Borough shall have the right to prune any
tree or shrub on private property when it interferes with proper spread
of light along the street from a streetlight or interferes with visibility
of any traffic control device or sign or sight triangle at intersections.
Trees that grow near high voltage electrical conductors by the electric
utility company in compliance with an applicable franchise agreements.
A utility tree trimming policy must be reviewed by the utility company
and Borough Shade Tree Commission with approval from Borough Council
prior to any trimming by the utility company.
2.
Notice to Prune. Should any person or persons owning real property
bordering on any street fail to prune trees as herein above provided,
the Municipal Arborist shall order such person or persons, within
30 days after receipt of written notice, to prune such trees.
3.
Order Required. The order required herein shall be served by mailing
a copy of the order to the last known address of the property owner,
by certified mail.
4.
Failure to Comply. When a person to whom an order is directed shall
fail to comply within the specified time, it shall be lawful for the
Borough to prune such trees and the exact cost plus 10% thereof shall
be assessed to the owner as provided by law in the case of special
assessments, with citations issued and with appropriate fines levied
as provided by the Borough Code.
[Adoptedx Ord. 10-1993, 7/14/1993, § 6]
Public utility companies shall notify the Municipal Arborist
prior to pruning any tree located on Borough owned property for the
purpose of maintaining safe line clearance and shall carry out all
such work in accordance with accepted arboricultural standards. If
accepted arboricultural standards are not followed, the Municipal
Arborist will immediately file a formal compliant with the State utility
regulatory agency.
[Adoptedx Ord. 10-1993, 7/14/1993, § 7]
1.
The Commission, subject to prior approval by Council resolution,
shall have the authority to promulgate the rules and regulations of
the aboricultural specifications and standards and practices governing
the planting, maintenance, removal, fertilization, pruning and bracing
of trees on the streets or other public sites in the Borough and shall
direct, regulate and control the planting, maintenance and removal
of all trees growing now or hereafter in any public area of the Borough
of Conshohocken, County of Montgomery, State of Pennsylvania.
2.
The Commission shall have the authority and jurisdiction of regulating
the planting, maintenance and removal of trees on streets and other
publicly owned property to insure safety or preserve the aesthetics
of such public sites.
3.
The Borough Council shall appoint the Municipal Arborist, who shall
serve at Council's pleasure.
4.
The Municipal Arborist or the Code Enforcement Officer, shall have
the authority and it shall be his/her duty to supervise or inspect
all work done under a permit issued in accordance with the terms of
this Part and subsequent resolutions and amendments. He shall cause
the provisions of this Part to be enforced. In his absence, these
duties shall be the responsibility of a qualified alternate designated
by the Borough Council.
5.
It shall be lawful for the Mayor to suspend the need for a permit
to prune or remove trees for a period of two weeks in the time of
emergency, such as natural disaster.
6.
The Borough shall have the right to cause the removal of any dead
or diseased trees on private property within the Borough, when such
trees constitute a hazard to life and property, or harbor insects
or diseases which constitute a potential threat to other trees within
the Borough. The Municipal Arborist will notify in writing the owners
or such trees. Removal shall be done by said owners at their own expense
within 30 days after the date of service of notice. In the event of
failure of owners to comply with such provisions, the Borough shall
have the authority to remove such trees and charge the cost plus 10%
removal to the owner and/or shall cause the appropriate citations
to be issued relative to fines and penalties as outlined previously
herein and as provided by the Borough Code.
[Adoptedx Ord. 10-1993, 7/14/1993, § 8]
1.
A list of recommended trees shall be made available and updated as
deemed necessary by the Shade Tree Commission.
2.
Pruning standards shall be those as provided by the National Arborist
Association. No pruning of street, park or municipal trees shall fall
below the minimal standards of Class IV.
[Adoptedx Ord. 10-1993, 7/14/1993, § 9]
1.
No tree shall be cut back in such a manner that its health will be
impaired. An exception to this may occur in tree removal or emergency
relief of an immediate danger to persons or property. Any such emergency
procedures must be reported promptly to the Municipal Arborist (or
other designated authority) with plans for completion or follow-up
work submitted for approval.
2.
Authority to prune street trees does not include the cutting back
of sound, healthy tree branches in excess of six inches in diameter
(outside bark) unless specifically described and written into the
permit from by the Municipal Arborist or if required by accepted arboricultural
standards in the course of utility line clearance work and approved
by the Municipal Arborist.
