[HISTORY: Adopted by the Council of the Borough of Darby 9-1-2004 by Ord. No. 711, approved 9-1-2004. Amendments noted where applicable.]
GENERAL REFERENCES
Planning Commission — See Ch. 22.
Trees — See Ch. 135.
A. 
This chapter shall be known as the "Shade Tree Ordinance of the Borough of Darby."
B. 
All ordinances or parts of ordinances that are inconsistent herewith are hereby repealed.
A. 
In interpreting this chapter, the present tense includes the future; the singular number includes the plural and the plural includes the singular; and the word "person" includes natural person, partnership, firm, association and corporation.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
BOROUGH
The Borough.
BOROUGH COUNCIL
The duly appointed members of the Borough Council of the Borough.
COMMISSION
The duly appointed members of the Shade Tree Commission of the Borough.
RIGHT-OF-WAY
The area of any public street, road, highway or other publicly held thoroughfare within the corporate limits of the Borough that has been designated by law as a public right-of-way.
SHADE TREE
Any tree, shrub or other woody plant, which is planted in any right-of-way, or has at least 1/2 of trunk, branches or roots extending into any right-of-way.
The Borough recognizes that properly planted, maintained and protected shade trees add to the esthetics, health, and welfare of the citizens of the Borough. Therefore, it shall be the intent of this chapter to establish a Shade Tree Commission for the Borough, define the mission of that Commission and establish rules and regulations to encourage the planting of appropriate shade trees, provide for the proper maintenance of the trees, protect shade trees and provide guidelines for the removal and replacement of shade trees.
A. 
The Commission shall be composed of three members, all of whom shall be residents of the Borough.
B. 
The Commission members shall serve without compensation.
C. 
The Borough Council shall appoint the Commission members.
D. 
In appointing the initial members of the Commission, the Borough Council shall appoint one member for a term of three years, one for a term of four years, and one for a term of five years.
E. 
The Shade Tree Commission shall have the power to issue permits required by this chapter, and to enforce the provisions of this chapter as provided by law.
F. 
The Shade Tree Commission shall, when called upon, act as an advisory panel to Borough Council on all Borough matters having an environmental impact on the Borough, including, but not limited to, land development, park development or improvements, and downtown revitalization projects.
G. 
The Shade Tree Commission shall report to Borough Council through the Recreation Committee, or as the President of Council may otherwise direct.
A. 
The maintenance, care or removal of any shade tree as defined herein and required compliance with any provision of this chapter shall be the responsibility of the property owner on whose property the tree is located or whose property abuts the right-of-way in which the shade tree is located.
B. 
No person, without first obtaining a permit, shall cut, prune, break, affix any foreign object to, or in any way cause injury to any shade tree within any public right-of-way or municipal park within the Borough.
C. 
No person, without first obtaining a permit, shall plant a shade tree within any public right-of-way or municipal park within the Borough.
D. 
No person, without first obtaining a permit, shall remove a shade tree within any public right-of-way or municipal park within the Borough.
E. 
All mature shade trees shall be kept trimmed to a minimum branching height of 10 feet, except that the Commission may require greater height clearances to eliminate traffic and other hazards.
F. 
Whenever, in the opinion of the Commission, a health or safety hazard caused by a shade tree, the Commission may issue a written order to the responsible property owner to take action to correct the condition within 10 days of the date of the order. If, after written notification, the responsible property owner fails to take corrective action, the Borough shall have the required work accomplished to correct the health or safety condition and shall bill the responsible property owner. Failure to remit by the responsible property owner may result in a lien placed against the property by the Borough.
G. 
Whenever a new shade tree is planted within 10 feet of a curb or public sidewalk, a root barrier of a type approved by the Commission shall be required.
H. 
The Commission may, with the approval of the Borough Council, require that the owner of property adjoining or coincidental with Borough roads or rights-of-way plant and maintain shade trees of a type specified by the Commission.
I. 
The Commission may propose ordinances and regulation concerning prohibiting any activity that injures shade trees in and upon Borough lands, roads and rights-of-way or which injures trees that immediately adjoin the same.
J. 
The Commission shall research, recommend, pursue and offer assistance in obtaining all necessary and appropriate grants and financing to carry out its functions as provided by law.
K. 
The Commission may purchase and sell or give shade trees to property owners, persons, or entities having control of property adjoining roads.
L. 
The Commission may disseminate information to the public relative to the care and control of trees and the planting of the same.
M. 
The Commission may exercise all powers provided it by the laws of the Commonwealth of Pennsylvania and the ordinances and resolutions of the Borough of Darby.
In addition to the foregoing general provisions, the following special provisions shall apply to shade trees located in the retail-commercial districts of the Borough.
A. 
A minimum sidewalk opening of four feet square shall be required for each shade tree. The opening shall be paved with a flush, smooth, hard surface such as brick or concrete pavers laid on sand.
B. 
Only the following types of trees may be planted in the right-of-way: hybrid red maples, lindens, thornless honey locusts, pears and elms. The planting of any other type of tree shall require permission from the Commission.
C. 
Whenever a shade tree is removed in a Retail Commercial District, the shade tree shall be replaced in accordance with this chapter. All removed shade trees shall be replaced except when a change in street construction or land development makes it impossible, or would cause the replacement to be a safety or health hazard. A decision not to replace a removed shade tree must be approved by the Commission.
D. 
The Commission shall annually inspect all shade trees within the Retail Commercial District and shall file a report with the Borough Council on the condition of the trees and needed maintenance. The inspection shall be done in late summer and the report filed by the first day of October.
A. 
The Commission shall annually inspect all shade trees in the parks of the Borough and all open space and recreational areas owned by the Borough, and shall file a report with Borough Council on the condition of the trees and needed maintenance. The inspection shall be done in late summer and the report filed by the first day of October.
B. 
The Commission shall review any new planting proposals and the make recommendations on the type of tree that should be planted.
Resolution of Borough Council shall set fees for permits from time to time.
No person, partnership, corporation, trust or other entity shall without permission or good causes injure or destroy any tree in the custody or control of the Commission.
Any person, partnership, corporation, trust, or other entity who or which fails to comply with or violate or violates any of the provisions of this chapter or directive issued thereunder or who take part in or aid or abet or assist in any way in such violation whether through action, inaction, negligence or otherwise, shall be liable upon conviction for each offense in a summary proceeding before any Alderman, district magistrate, or Justice of the Peace pay a fine or penalty to the Borough for the use of the Shade Tree Commission in an amount of not less than $10 nor more than $300, or be sentenced to imprisonment in the county prison for a period not exceeding 30 days as provided by law. Each day on which any violation of this chapter continues shall constitute a separate offense.
The Borough Council may make the services of the Borough Solicitor, Engineer, or other employees available to the Commission when necessary.
This chapter shall become effective 30 days after the date of approval by Borough Council.