[Ord. 1169-94, 11/14/1994, § 1]
The following words and phrases, as used herein, shall have
the meaning hereby ascribed to them except in those instances when
the context clearly indicates a different meaning.
Borough of Gettysburg, Adams County, Pennsylvania.
The Shade Tree Commission of the Borough.
Any person designated by another to remove, trim, plant,
spray, fertilize, cut, prune or otherwise maintain a tree within the
Borough.
Extent of the outermost branches of the tree canopy.
Any trimming, spraying, fertilizing, pruning or otherwise
caring for a tree.
Trees, shrubs, bushes and all other woody vegetation in public
parks or to which the public has free access as a park, as well as
all facilities, parking areas, open spaces and other areas owned and
operated by the Borough.
Any permit in writing issued by the Commission.
Any natural person, firm, association, partnership, corporation
or their agents.
Trees, shrubs, bushes and all other vegetation located on
private property within the Borough of Gettysburg.
A person owning real property within the Borough as shown
by the County land records.
Any street, highway, alley or sidewalk open to the public
within the Borough.
Trees, shrubs, bushes and all other woody vegetation on land
lying between property lines on either side of all streets, avenues
or ways within the Borough.
[Ord. 1169-94, 11/14/1994, § 2]
1.
A permit shall be required by all persons before any street tree
shall be planted, removed or maintained. The application for the permit
required hereunder shall be made in writing to the office of the Borough
Secretary upon a form furnished by the Borough Secretary. The permit
shall specify the particular kind of work or operation the applicant
desires to perform thereunder, and shall state the exact location
and species of any tree or trees affected. It shall be the duty of
the Commission to approve or disapprove the permit within 30 days.
2.
The Commission shall have the authority to designate a suitable type
of tree and may refuse a permit to plant any type of tree which, in
its opinion, is not suitable to the location. The permit may be revoked
at any time upon proof, satisfactory to the Commission, that any of
the terms or conditions upon which the permit was issued have been
violated.
3.
No permit shall be required for the planting, maintenance or removal
of private trees.
[Ord. 1169-94, 11/14/1994, § 3]
1.
It is the responsibility of the Borough of Gettysburg to maintain
and remove street or park trees.
2.
Any person owning a private, street or park tree which is deemed
by the Commission to be a danger to the public welfare and property
may be ordered in writing to remove such tree within a specified time
period. If the property owner shall neglect or refuse to remove such
tree and the stump thereof as required by this Section within the
time period specified in such notice, the Borough Council may cause
such removal to be done at the owner's expense, and the entire
cost thereof shall be a lien upon said premises. A claim thereafter
shall be filed and collected by the Borough Solicitor in the same
manner as municipal claims are filed and collected.
3.
Private, street and park trees shall be kept trimmed so that the
minimum height where they overhang any public walk shall be eight
feet, and over streets shall be 16 feet. However, the Commission reserves
the right to designate higher or lower clearances in instances where
conditions make it appropriate and expedient. All private trees having
branches extending over sidewalks and thoroughfares shall be kept
trimmed by the owner of such property within the above limits, unless
otherwise specified by the Commission. The owner of the aforementioned
private trees may trim or remove such trees without a permit. In case
the owner of such property shall refuse or neglect to trim such trees
upon being notified in writing by the Commission, within the time
specified in such notice, the Commission may, after expiration of
the date specified in the notice, cause such trimming to be done at
the expense of the property owner. The entire cost thereof, if unpaid,
shall be filed and collected by the Borough of Gettysburg in the same
manner as municipal claims are filed and collected.
4.
All work done to existing street and park trees must be performed
by qualified trained personnel using the latest state of the art methods
in arboricultural practices. Such personnel must provide proof of
adequate liability insurance and worker's compensation prior
to issuance of a permit.
5.
No person shall, without first obtaining a permit, cut, break, climb
with spurs, injure in any manner or remove any street or park tree,
or cut down or interfere in any way with the main roots of a street
or park tree, or place any rope, guy wire or cable, sign, poster or
any other fixture on any street or park tree; or injure, misuse or
remove any device placed to protect any street or park tree, except
in the case of immediate necessity for the protection of life and
property. No person shall pour salt, salt water, oil or any material
at any place in such a manner that may result in injury to any private,
street or park tree.
6.
In connection with any construction operation, before such work commences,
fencing shall be placed at all street or park trees which may be subject
to hazards of the work so as to protect them from injury. Hazards
of the work shall include, but not be limited to, stockpiling of materials,
or street work in the dripline.
7.
Any person who inflicts damage upon a street or park tree either
willfully, carelessly or negligently shall be liable for the costs
of professional care in the treatment of the tree wounds. If, in the
opinion of an expert, the tree dies within one growing season, as
a direct result of such damage, or if the tree shall be so severely
damaged as to be condemned by the Commission, then the person responsible
shall be liable for all costs of removal of the tree and the stump,
as well as the cost of the replacement by a young tree approved by
the Commission. Such work shall be performed by, or contracted for,
by the Borough of Gettysburg with the costs assessed against the responsible
person. If the damage described above was deliberate, then the responsible
person shall, in addition, be in violation of these regulations and
subject to fine or penalty hereunder.
[Ord. 1169-94, 11/14/1994, § 4]
1.
It shall be unlawful for any person to top any street, park or other
tree located on public property without prior written approval of
the Commission. As used in this Section, "topping" means the 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.
2.
The Commission may grant written approval to allow topping in cases
where a tree has been severely damaged by storms or other causes,
or when a tree create a dangerous condition relating to utility wires
or other obstructions.
[Ord. 1169-94, 11/14/1994, § 5]
1.
No tree shall be planted in or upon a public street, highway or alley
within five feet of any driveway, nor shall any tree on private property
adjacent to the sidewalk be planted within three feet therefrom. No
street tree shall be planted closer than 25 feet to any street corner,
measured from the point of nearest intersecting curbs or curblines.
No street tree shall be planted closer than 10 feet to any fire hydrant.
A distance of 30 feet shall be maintained from any stop sign on Borough
streets unless written approval from the Borough Council is given.
A distance of 30 feet must be maintained from stop signs on streets
which are State highways.
2.
All trees shall be planted in a rectangular treewell of not less
than 12 square feet, no side of which shall have a dimension of less
than three feet. No person shall place or hereafter maintain any stone,
cement or other substance which shall impede the passage of water
and air to the roots of any shade tree.
3.
Without Commission approval, no species of tree shall be permitted
to be planted which accounts for more than 10% of the overall trees
in the Borough.
[Ord. 1169-94, 11/14/1994, § 6; as amended by Ord.
1236-99, 12/13/1999, § 2]
Any person who shall violate or fail to comply with any of these
regulations shall be liable, on conviction thereof, to pay a fine
or penalty not to exceed $600 for each offense, plus costs of prosecution
and the cost of repairing the damage or replacing the shade tree where
appropriate. Whenever such person shall have been notified by the
Commission that such person is in violation, each day in which such
person shall continue such violation after such notification shall
constitute a separate offense.
[Ord. 1169-94, 11/14/1994, § 7]
Any person aggrieved by a decision of the Commission may appeal
in writing within 10 days of receipt of the decision. In that event
the Commission shall reconsider such decision after giving the appellant
the opportunity to be heard. Thereafter, if the decision of the Commission
is not unanimous, the question shall be referred to the Borough Council
of the Borough of Gettysburg. The appellant may attend the next regularly
scheduled meeting of the Borough Council to present his appeal. The
decision rendered by the Borough Council will be final.
[Ord. 1169-94, 11/14/1994, § 9]
The following list of recommended tree species has been compiled
with a view to their characteristics as good urban trees. In choosing
a tree, the planting site must be examined to assure that it is suitable
in view of the required growing conditions of the tree and its mature
size.
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Recommended Tree Species
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Small Trees: Mature Height of 20 — 35 Feet
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HEDGE MAPLE — Acer campestre
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AMERICAN HORNBEAM — Carpinus caroliniana
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EUROPEAN HORNBEAM — Carpinus betuls
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KOUSA DOGWOOD — Cornus kousa
|
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CORNELIAN CHERRY — cornus mas
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THORNLESS COCKSPUR HAWTHORN — Crataegus crusgalli inermis
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WASHINGTON HAWTHORN — Crataigus phaenopyrum
|
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CRABAPPLES — Malus cultivars
|
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GOLDEN RAINTREE — Koelreuteria paniculata
|
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PURPLELEAF PLUM — Prunus cerasifera
|
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JAPANESE FLOWERING CHERRY — Prunus serrulata "Amanogawa,"
"Kwanzan"
|
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SERVICEBERRY — Amelanchier x grandifolia "Robin Hill,"
"Autumn Brilliance" or "Cumulus"
|
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MOUNTAIN ASH — (European or Korean) — Sorbus aucuparia
or alnifolia
|
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Medium Trees: Mature Height of 35 — 50 Feet
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AMERICAN YELLOWWOOD — Cladrastis lutea
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IMPERIAL HONEYLOCUST — Gleditsia tricanthos inermis
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CAROLINA SILVERBELL — Halesia carolina
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AMUR CORKTREE — Phellodenron amurense "Macho" or "Shademaster,"
male only
|
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CALLERY PEAR CVS. "ARISTOCRAT," "REDSPIRE," and "CAPITAL" -
Pyrus calleryana
|
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Large Trees: Mature Height of 50 Feet or More
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LONDON PLAINTREE — Platanus acerifolia "Bloodgood"
|
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NORTHERN RED OAK — Quercus rubra
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PIN OAK — Quercus palustris
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ENGLISH OAK — Quercus robur
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HONEYLOCUST — Gleditsia Tricanthos inermis "Skyline,"
"Shademaster"
|
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GINKGO — Ginkgo biloba (males only)
|
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GREEN ASH — Fraxinus pennsylvanica "Summit," "Patmore,"
or "Urbanite"
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WHITE ASH — Fraxinus americana "Rosehill," "Autumn Purple"
|
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ZELKOVA — Zelkova serrata "Green Vase," "Village Green"
|
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LITTLE LEAF LINDEN — Tilia cordata "Greenspire" or others
|
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SWEETGUM — Liquidambar styraciflua ("Roundifolial" is
seedless)
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BLACKGUM or TUPELO — Nyssa sylvatica
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DAWN REDWOOD — Metaasequoia glyptostroboides
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BALD CYPRESS — Taxodium distichum
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PAGODA or SCHOLARTREE — Sophora japomica "Regent," "Princeton
Upright"
|
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NORWAY MAPLE — Acer platanoides "Superform," "Emerald
Queen," "Summer Shade," "Cleveland," "Columnar"
|
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RED MAPLE — Acer rubrum "Red Sunset," "October Glory,"
"Armstrong," "Karpick"
|
|
SYCAMORE MAPLE — Acer pseudoplatanus
|
[Ord. 1108-90, 10/9/1990; as amended by Ord. 1234-99, 11/8/1999,
§ 1]
The Borough Council of the Borough of Gettysburg hereby creates
a Shade Tree Commission, to be composed of up to three residents of
the Borough of Gettysburg, who shall be appointed by the Borough Council
and shall serve without compensation for their terms of office with
rights, powers and duties and obligations as provided for by law.
The Borough Council may also appoint no more than two residents of
the Borough of Gettysburg as alternate members of the Shade Tree Commission,
who shall serve without compensation for their terms of office.
[Ord. 1108-90, 10/9/1990; as amended by Ord. 1234-99, 11/8/1999,
§ 2]
The members of the Commission shall be appointed by the Borough
Council except that initially one member shall be appointed for a
term of three years, one member for a term of four years and one member
for a term of five years. The aforesaid appointments for a specified
term notwithstanding, a Commission member may stay in office until
a successor qualifies or is appointed or the Borough Council may remove
any member of the Commission, at the pleasure of the Borough Council.
Vacancies shall be filled by the Council for the balance of the unexpired
term. Alternate members of the Commission shall be appointed for a
term of five years.
[Ord. 1108-90, 10/9/1990]
The collection of assessments, the filing of liens, the levying
of taxes and the collection of penalties by or on behalf of the Borough
of Gettysburg are expressly authorized as provided for in the law.
[Ord. 1108-90, 10/9/1990]
The Commission is hereby authorized to prescribe such rules
and regulations, and to impose such penalties for the violation of
same, as it may deem necessary and proper, provided that the rules
and regulations are approved by the Borough Council and enacted as
an ordinance.
[Ord. 1108-90, 10/9/1990]
The Shade Tree Commission shall report annually to the Borough
Council on all transactions and expenses for the preceding fiscal
year.
