[HISTORY: Adopted by the Borough Council of the Borough of
Waterford 12-13-1993 by Ord. No. 4-1993. Amendments noted where applicable.]
A.
LARGE TREES
MEDIUM TREES
MUNICIPALITY
PARK
PERSON
PRINCIPAL THOROUGHFARE
PROPERTY LINE
PROPERTY OWNER
PUBLIC PLACES
PUBLIC TREES
SHADE TREE COMMISSION
SMALL TREES
STREET or HIGHWAY
SUITABLE TREE
TREE LAWN
For the
purpose of this chapter the following terms, phrases, words, and their
derivations shall have the meaning given herein.
Designated as those attaining a height of 45 feet or more.
Designated as those attaining a height of 30 feet to 45 feet.
The Borough of Waterford, Erie County, Pennsylvania.
Includes all public parks.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Any street upon which trucks are not prohibited.
The other edge of right-of-way.
The person owning such property, as shown by the County Assessor's
Plot of Erie County, abutting the tree lawn.
Includes all other grounds owned by the Municipality of Waterford
Borough, County of Erie.
Includes all shade and ornamental trees now or hereafter
growing on any street or any public areas otherwise indicated.
The body under whose jurisdiction all street trees in the
tree lawn fall.
Designated as those attaining a height of 20 feet to 30 feet.
The entire width of every public way or 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 proper productive species for that particular site. "Productive
species" means type and size that will flourish at that site.
That part of a street or highway not covered by sidewalk
or other paving lying between the property line and that portion of
the street or highway usually used for vehicular traffic.
B.
When not
inconsistent with the context, words used in the present tense include
the future, words in the plural include the singular and words in
the singular include the plural. The word shall is mandatory and not
merely directory.
The Commission shall have custody and control of the shade trees
in the municipality and is authorized to:
A.
Plant, remove, maintain, and protect shade trees in the tree lawn
and on public property within the municipality upon Borough Council
approval.
B.
Recommend to the proper authority the type and kinds of trees to
be planted upon such municipal streets or parts of municipal streets
or in parks as is designated.
C.
Assist the properly constituted officials of the municipality, as
well as the municipal governing body and citizens of the municipality,
in the dissemination of news and information regarding the selection,
planting and maintenance of trees within the corporate limits, whether
the same be on private or public property, and to make such recommendations
from time to time to the municipal governing body as to the desirable
legislation concerning the tree program and activities for the municipality.
D.
Provide
regular quarterly and special meetings at which the subject of trees,
insofar as it relates to the municipality, may be discussed by the
members of the Commission, officers and personnel of the municipality
and all others interested in the tree program. Meetings will be held
only when tree business is necessary to be conducted. The Commission
may solicit and accept grants and contributions. Funds obtained by
the Commission in the form of grants and contributions shall be placed
in a Memorial Tree Fund or special funds established by the municipality.
Such funds will be deposited and administered as fund accounts of
the municipality under the supervision of the Borough Treasurer.
A.
Planting, maintenance or removal permits.
(1)
No person shall plant, remove, cut, or otherwise disturb any tree
on any street or municipally owned property without first procuring
a permit from the Shade Tree Commission. The person receiving the
permit shall abide by the regulations therein adopted by the Shade
Tree Commission and approved by Council.
(2)
Oral or written request for permits must be made at the office of
the Borough Secretary or Shade Tree Commission not less than 48 hours
in advance of the time the work is to be done except in case of emergency.
(3)
The Shade Tree Commission shall issue the permit provided for herein
if, in its judgment, the proposed work is desirable and the proposed
method and workmanship thereof are of satisfactory nature. Any permit
granted shall contain a definite date of expiration and work shall
be completed in the time allowed on the permit and in the manner as
therein described.
B.
Permit types.
(1)
There are three types of tree permits to be granted:
(a)
Planting permit granted orally after discussion with any Shade Tree
Commissioner. The Commissioner will record personally the date, time,
place and name of the requesting person and suitable tree.
(b)
Tree removal permit. This permit shall be issued by the Borough Secretary
on recommendation of a Shade Tree Commissioner and shall contain the
following: date issued; thirty-day limit on tree removal; after removal,
thirty-day limit on cleanup of all debris, plus removal of the stump
within 90 days of issue date. A suitable tree must then be planted
to replace the one removed. This tree shall be 1 3/4 inches caliper
and at least six feet tall and planted within one year of issued date
of the permit.
(c)
Tree removal notice permit. This permit notice is issued by the Borough
Secretary on recommendation of the Shade Tree Commission and shall
contain the following: date issued; the location of the tree by address,
size, type, and condition (such as hazardous, dead, dying, diseased);
that the property owner of this tree shall remove same within 90 days,
clean up in 30 days and remove the stump with six months. A suitable
tree will be planted to replace the one removed. This tree shall be
1 3/4 inches caliper and at least six feet tall and be planted
within one year of issued date of the permit.
(2)
A suitable tree shall be determined as such by the Shade Tree Commission
according to site where it is to be planted. The type of tree may
be small, medium, or large variety and may be selected by the property
owner or the Shade Tree Committee from the accepted list (Section
A).[1]
[1]
Editor's Note: Said list is on file in the Borough offices.
D.
Planting. See attached Schedule A.[3]
[3]
Editor's Note: Schedule A is included at the end of this chapter.
E.
Removal. Property owner has the responsibility to hire a trained
and insured worker to remove or trim the tree in the tree lawn.
[Added 6-12-1995 by Ord. No. 3-1994[1]]
A.
Enforcement. The Borough Council shall, upon notification by the
Tree Commission, have the power to promulgate and enforce rules, regulations
and specifications concerning the trimming, spraying, removal, planting,
and protection of trees, shrubs, vines, hedges, and other plants upon
the right-of-way of any street, alley, sidewalk or other public place
in the Borough.
B.
Violations. Any person who violates any provision of this chapter
or who fails to comply with any notice issued pursuant to provisions
of this chapter, upon being found guilty of violation, shall be subject
to a fine a fine for each separate offense of not more than $600,
plus costs of prosecution, and, in default of payment of such fine
and costs, to undergo imprisonment for not more than 30 days. Each
day during which any violation of the provisions of this chapter occur
or continue shall be a separate offense.
C.
Penalties. Upon failure of any owner to comply with the terms of
notices or permits received from the Tree Commission, the Borough
may cause the work to be done by the Borough and levy and collect
the cost 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 Borough Engineer and
filed with the Borough Secretary. Any such lien may be collected by
action in assumpsit or by lien filed in the manner provided by law
for the filing and collection of municipal claims.