[HISTORY: Adopted by the Borough Council of the Borough of
Verona 7-23-2013 by Ord. No. 04-2013. Amendments noted where applicable.]
The Commission shall be composed of three residents of the Borough,
who shall be appointed by Borough Council and shall serve without
compensation, and the Council is hereby directed to appoint two members
of the Commission for a term of three years and one member for a term
of two years. Subsequent appointments shall be for a term of four
years. Vacancies in the office of Commissioner shall be filled by
the appointment of qualified individuals to any unexpired term.
The Shade Tree Commission of the Borough of Verona shall have
full custody and control of the shade trees and other plant materials
(grass excepted) within the right-of-way of public streets and highways
and in all public areas within the corporate limits of the Borough
of Verona.
The Shade Tree Commission shall prepare and recommend to the
Borough Council rules and regulations necessary to manage shade trees
and to institute proper arbor cultural practices. Such regulations
shall be adopted by ordinance.
It shall be the policy of said Shade Tree Commission to cooperate
with the public and property owners insofar as possible at all times,
and no planting or removal of any plant materials of a public nature
shall be undertaken without notifying the property owner or owners
in advance. This shall not include such minor items of work as pruning,
bracing, bolting or spraying which may be of a seasonal nature or
which may be done by reason of immediate danger to the safety of the
public or for proper protection of the trees or shrubs.
No person, firm or corporation shall, without a permit duly
issued by the Manager of the Borough of Verona, prune, bolt, spray,
brace or paint or remove any tree, shrub or evergreen from within
the limits of any public right-of-way, street, highway, park, parkway
or public playground within the corporate limits of the Borough of
Verona nor shall they interfere with the main roots in any way nor
place or affix any poster or any other fixture on any tree or tree
guard, shrub or evergreen so located, nor remove any device placed
to protect the same, nor shall they park an automobile nor pile any
harsh or heavy materials against, nor shall they hang anything from,
any tree, shrub or evergreen within the limits of any public right-of-way,
street, highway, park, parkway or public playground within the corporate
limits of the Borough of Verona.
No person, firm or corporation shall place or hereafter maintain
upon the ground within the right-of-way of any public street, lane,
alley, park or public playground any stone, concrete, brick, mastic
paving, gravel or any other substance which might impede the free
passage of air and water to the roots of any tree, shrub or evergreen,
without leaving a clear space of at least eight square feet surrounding
the trunk of the tree or evergreen or the base of any shrub.
Any person, firm or corporation or his, her, their or its agents
or representatives, in charge of the erection, repair or demolition
of any structure or the excavation for the same, where trees, shrubs
or evergreens within the public rights-of-way, streets, highways,
parks, parkways or public playgrounds within the corporate limits
of the Borough of Verona might be affected, shall not proceed with
said work until they have placed adequate guards around all of said
trees, shrubs or evergreens that may be so affected.
Any person, firm or employee of any corporation who shall injure in any manner any living tree, shrub or evergreen or ground cover (grass excepted) within the public rights-of-way, streets, highways or any public property within the corporate limits of the Borough of Verona shall be liable for damages and penalties as set forth in § 62-21 of this Chapter.
No person, firm or corporation or his, her, their or its agents
or representatives shall maintain any trees, shrubs or evergreens
overhanging the traveled or used portion of any public rights-of-way,
streets or highways, unless the same shall have an adequate clearance,
wet or dry, to permit pedestrian and/or vehicular traffic. The Verona
Shade Tree Commission shall have the right to designate, from time
to time, what shall constitute an adequate clearance wherever the
condition of the site shall warrant a specific clearance for public
safety or convenience.
The Mayor or Borough Manager, when so authorized by the Council,
may, upon receipt of complaint from the Verona Shade Tree Commission,
require of any owner or occupier of property having any shade trees,
shrubs or evergreens within or overhanging the limits of any public
right-of-way, street, highway, park, parkway or public playground
within the corporate limits of the Borough, which may be or appear
or threaten to be a public nuisance or dangerous to children, traffic
or the public, or threaten or appear so to be, to remove or prune
the same so as to abate the actual or threatened nuisance or dangerous
condition, and on failure of the property owner or owners or occupiers
so to do, after reasonable notice, the Mayor or Borough Manager may
cause the same to be done, with percentage and costs added as hereinafter
provided.
Only such trees or other items of plant material shall be removed
from the public rights-of-way, streets, highways or from public property
as shall be considered by the Shade Tree Commission to constitute
a definite hazard to life or property, a public nuisance or a definite
threat to the uninterrupted service of the public utilities within
the Borough or because of a change or revision in the planting plans
for the Borough trees.
All trees to be planted shall meet with the approval of the
Shade Tree Commission from the standpoints of good appearance, longevity,
freedom from insect and other diseases or trees of exceptional value
in particular locations within the Borough. No tree shall be planted
or removed without a written permit. The application for the permit
will include information designating the type of tree and the place
to be planted or removed. The Commission shall have the authority
to approve or disapprove all actions.
A.
All trees to be planted within the public rights-of-way, streets,
highways or upon public property within the Borough shall not be less
than 1 1/2 inches in diameter, six inches above the ground and
at least 10 feet in height, unless specifically specified otherwise
by the Shade Tree Commission for use in some particular location where
a smaller or balled type of tree may be advisable.
B.
All such trees shall have straight trunks, well-developed leaders,
tops and roots characteristic of the species or variety to be planted;
free from all diseases and insect pests or mechanical injuries and
any other objectionable features. Bottom branches shall be seven feet
above the ground, unless otherwise specified by the Commission.
All trees in public streets and highways of the Borough shall
be planted in the center of the strip between the curb and the sidewalk
unless otherwise specified or allowed by the Commission and shall
be spaced at least 30 feet apart for such trees as hawthorns, dogwoods,
flowering apples or cherries or other trees which do not grow to a
normal height of over 30 feet. All trees growing to a normal height
of 40 feet or over shall have a minimum spacing of at least 40 feet
and preferably 60 feet if conditions will allow.
All trees (unless directed otherwise by the Commission) shall
be planted in holes at least four feet in diameter (whenever space
will allow), and the holes shall have a minimum depth of three feet
with extra side drainage from the bottom in the case of poorly drained
or very hard soil areas. At least 1/2 new topsoil shall be provided,
together with three shovelfuls of peat moss. Trees shall be triple
guyed (unless otherwise ordered by the Commission) with upright stakes
at least 2 1/2 inches in diameter set four feet in the ground
and secured to the tree with rubber hose and wire at least five feet
above the ground.
All work in connection with planting, pruning, spraying, bolting
or painting shall be done and performed in accordance with best accepted
arboricultural or horticultural practice, including sterilization
of shears, pruning saws, etc., after being used on diseased trees.
When trees are removed, they shall be cut as close to the ground
as conditions will permit with a power saw, and all stumps shall be
treated immediately with an approved root and stump destroyer.
The foregoing provisions of this chapter shall not apply where
they materially interfere with lawful and public improvements, maintenance
or repair of public streets and highways, public parks and public
playgrounds, by the Borough of Verona, its duly authorized agents
and employees or by the county, state and federal governments.
No person, firm or corporation nor employee thereof shall be
employed by the Borough of Verona or its Shade Tree Commission in
connection with any of the work covered or contemplated under the
provisions of this chapter unless and until he, she, it or they have
furnished to the Verona Borough Manager proof of satisfactory workers'
compensation insurance so as to afford proper protection to the Borough
and the Commission.
A.
Any person, firm or corporation or employee thereof granted a permit
to remove, spray, bolt, brace or prune any tree, shrub, evergreen
or ground cover (grass excepted) within the public rights-of-way or
on public property within the Borough of Verona shall post a bond
or furnish evidence of the same to the Borough Manager in an amount
and form to be approved by the Manager or the Mayor of the Borough
or shall have taken out or take out and maintain satisfactory public
liability and property damage insurance in the amount of $100,000
combined CSL.
B.
This provision of this chapter may be waived by the Borough Manager
as far as the bond and insurance are concerned, if and when the Borough
Manager shall decide that the work to be performed is not likely to
be of any foreseeable injury of a bodily nature to the public or to
public or private property, but any person operating under such waiver
must furnish evidence to the Borough Manager that he or she carries
full public and comprehensive liability of a reasonable nature, as
well as workers' compensation, and he or she shall waive all
rights for compensation or damages by the Borough of Verona, and to
include naming the Borough of Verona as an additional insured.
A.
Any person, firm or corporation violating any of the provisions of
this chapter shall, upon conviction thereof, be punishable by a fine
of not more than $1,000, plus costs of prosecution, and in default
of payment of such fine and costs by imprisonment for not more than
30 days for any single violation of this chapter, or the Borough may
elect to collect such judgments and costs by execution or other process
as provided by law.
B.
In lieu of or in addition to the penalty hereinabove provided, the
Borough of Verona, at its option, may require the person, firm or
corporation so injuring or removing any trees, shrubs or evergreens
in violation of this chapter to cause the same to be replaced or the
damage caused thereby corrected and, in default thereof, may cause
the replacement or correction to be made or done and all costs thereof
to be collected by suit in assumpsit or the filing of lien with record
costs and percentage added as provided by law.
C.
Permit fees shall be set by resolution of the Borough Council and
may be adjusted from time to time by resolution adopted by the Borough
Council.
A.
Any vegetation abutting any street, alley, cartway or right-of-way
or on an owner's real property which poses an imminent and clear
and present danger to persons, real property, personalty or the likelihood
of same violates this chapter.
B.
Any vegetation abutting any street, alley, cartway or right-of-way
or on an owner's real property that interferes with or is likely
to interfere with electricity lines or communication lines violates
this chapter.
C.
Any vegetation abutting any street, alley, cartway or right-of-way
or on an owner's real property that interferes with pedestrian
or motor vehicle traffic or which is causing damage to sidewalks,
streets, alleys and/or Borough cartway or right-of-way violates this
chapter.
A.
Emergency. Whenever any vegetation abutting any street, alley, right-of-way
or situate on an owner's real property has caused a dangerous
condition, the property owner must take immediate, safe and proper
abatement measures. Upon failure of the owner to act, or where an
owner cannot be contacted, the Borough may cause the abatement to
be done and to levy a charge against the property for any costs incurred.
B.
Imminent danger. Whenever any vegetation abutting any Borough street,
alley, cartway or right-of-way or on an owner's real property
presents an imminent clear and present danger of causing damage to
persons, real property or personalty, the real property owner will
have 48 hours to remove or abate the hazard in a manner acceptable
to the Borough of Verona. Upon failure of the owner to comply with
such notice, the Borough may cause the removal of the hazard and levy
a charge against the property for costs incurred.
C.
Obvious danger. Whenever any vegetation abuting any Borough street,
alley, cartway or right-of-way or an owner's real property presents
an obvious or potential danger of causing damage to persons, real
property or personalty, the real property owner shall have 45 days
to remove or abate the potential hazard in a manner acceptable to
the Borough of Verona.
A.
Notice of violation.
(1)
The Borough of Verona Police Department, Fire Department or Code
Enforcement Officer will attempt to notify the landowner of any violation
of the above.
(2)
Upon observation or having received an opinion from an arborist or
upon information received from the Verona Code Enforcement Office,
the Borough of Verona shall notify the offending property owner by
first class mail of any violation of the above.
B.
Failure of owner to respond.
(1)
When the property owner does not immediately respond or timely response
is not available under a violation of this chapter, the Borough of
Verona may take appropriate abatement measures, including pruning,
removal and cleaning using Verona Borough employees or a contracted
service.
(2)
If the property owner does not comply with any requirement of this
chapter and any time frame required by the appropriate section, Verona
Borough Code Enforcement Officer or any Verona police officer shall
issue a nontraffic citation to the real property owner.
(3)
Any person convicted of violating any section of this chapter shall
pay a fine not exceeding $1,000 and costs of abatement including wages,
costs and contracts to third parties, shall be a lien on the owner's
real property as well as collectable jointly and severally against
owners by civil suit in addition to actions for collections by the
judicial system.
