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Borough of Wilson, PA
Northampton County
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Table of Contents
Table of Contents
Code
New Laws (7) Index
[HISTORY: Adopted by the Borough Council of the Borough of Wilson 6-9-1997 by Ord. No. 667, approved 6-9-1997; amended in its entirety 11-9-2015 by Ord. No. 775, approved 11-9-2015. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass, weeds and debris — See Ch. 80.
Property maintenance — See Ch. 139.
Subdivision and land development — See Ch. 153.
This chapter shall be known and may be cited as the "Municipal Shade Tree Ordinance of the Borough of Wilson, County of Northampton."
As used in this chapter, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Wilson, County of Northampton, Commonwealth of Pennsylvania.
BOROUGH COUNCIL
The governing body of the Borough of Wilson, County of Northampton, Commonwealth of Pennsylvania.
CERTIFIED ARBORIST
(Also may be referred to as: Forester or Tree Warden.) The qualified and designated official of the Borough of Wilson that may be assigned to carry out the enforcement of this chapter by the Shade Tree Commission, who shall be an ISA Certified Arborist licensed in the Borough.
LARGE TREES
A species of tree attaining a height of 45 feet or more at maturity.
MEDIUM TREES
A species of tree attaining a height of 30 to 45 feet at maturity.
PARK
All public parks. (The Shade Tree Commission and Borough Council shall direct who will maintain trees and public property other than along streets, such as adjacent to municipal buildings, within public parks, etc.)
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PRINCIPAL THOROUGHFARE
Any street upon which trucks are not prohibited.
PROPERTY LINE
The outer right-of-way and any limbs that hang over the right-of-way.
PROPERTY OWNER
The person owning such property as recorded on the County Assessor's Plat of Northampton County.
PUBLIC PLACE
All other grounds owned by the Borough, county, commonwealth or federal governments.
PUBLIC TREES
All shade and ornamental trees now or hereafter growing on any street or public areas where otherwise indicated.
SHADE TREE COMMISSION
The body under whose jurisdiction all public trees fall.
SMALL TREES
A species of tree attaining a height of less than 30 feet at maturity.
STREET (or HIGHWAY)
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 purpose of vehicular and pedestrian traffic.
TREE LAWN
The part of the 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.
TREE TOPPING
The severe cutting back of limbs to stubs larger than three inches so as to remove the normal canopy and disfigure a tree.
A. 
Establishment. There shall be created a commission to be known as the "Shade Tree Commission." The Commission shall consist of three members, all of whom shall be residents of the Borough of Wilson. All will serve without compensation.
(1) 
One member shall serve for three years, one for four years, and one for five years.
(2) 
On expiration of the term of any Commissioner, a successor shall be appointed by the Borough council to serve for a term of five years.
(3) 
Vacancies in the Office of Commissioner shall be filled by the Borough Council for the unexpired term.
B. 
Duties and authority.
(1) 
The Commission shall have custody and control of the public shade trees in the Borough, and is authorized to set policies, with the approval of Borough Council, concerning the planting, removal, maintenance, and protection of shade trees on the public street and property within the Borough.
(2) 
The Shade Tree Commission shall have the authority and it shall be their duty to supervise or inspect all work done under a permit issued in accordance with the terms of this chapter.
(3) 
The Shade Tree Commission shall have the authority and responsibility to formulate a Master Shade Tree Plan with the recommendation and approval of Borough Council. The Master Shade Tree Plan shall specify the species of tree to be planted on each of the streets or other public sites of the Borough. From and after the effective date of the Master Shade Tree Plan, or any amendment thereof, all planting shall conform thereto.
(a) 
The Shade Tree Commission shall consider all existing and future utility and environmental, factors when recommending a specific species for each of the streets and other public sites in the Borough.
(b) 
The Shade Tree Commission shall, upon the approval of Borough Council, have the authority to amend or add to the Master Shade Tree Plan at any time that circumstances make it advisable.
(c) 
The Shade Tree Commission shall provide technical assistance for specific horticultural projects. The free technical advice shall have an educational emphasis to assist property owners with their questions and problems.
C. 
Organization. Within a reasonable time after the appointment of the Commission and the approval of the members thereof, upon call of the Borough Council, the Commission shall meet and organize by the election of a chairperson. The Commission shall then provide for the adoption of such rules and procedures and for the holding of such regular and special meeting as it shall deem advisable and necessary in order to perform the duties set forth.
The Borough Council authorizes and designates the Shade Tree Commission and any ISA Certified Arborist licensed in the Borough to carry out enforcement of this chapter, execute and submit any required permits to the Borough pursuant to this chapter.
A. 
Planting, maintenance, or removal.
(1) 
No person shall plant, spray, fertilize, preserve, prune, remove, cut, or otherwise disturb any tree on any street or municipal-owned property without first filing an application and procuring a permit from the Shade Tree Commission. The person receiving the permit shall abide by the arboricultural specifications and standards of practice adopted by the Shade Tree Commission.
(2) 
Application for permits must be made at the Office of the Borough Secretary not less than 48 hours in advance of the time the work is to be done.
(3) 
The Shade Tree Commission shall issue the permit provided for herein if, in their or 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 or expiration and the work shall be completed in the time allowed on the permits and in the manner as therein described. Any permit shall be void if its terms are violated.
(4) 
Notice of completion shall be given within five days to the Shade Tree Commission for their inspection.
B. 
Planting.
(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 Shade Tree Commission (or a Certified Arborist) shall find reasonable necessary to a fair determination of whether a permit should be issued.
(2) 
Improper planting. Whenever any tree shall be planted or set out in conflict with the provisions of this section, it shall be lawful for the Shade Tree Commission 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 special assessments.
C. 
Maintenance. Application data. The application required herein shall state the number of trees to be sprayed, fertilized, pruned, or otherwise preserved; the kind of treatment to be administered; the composition of the spray material to be applied; and such other information as the Shade Tree Commission (or a Certified Arborist) may find reasonably necessary to a fair determination of whether a permit should be issued.
D. 
Removal, replanting, and replacement.
(1) 
Wherever it is necessary to remove a tree or trees from a tree lawn in connection with the paving of sidewalk or the paving or widening of the portion of a street or highway used for vehicular traffic, the municipality shall replant such trees or replace them. Provided that conditions prevent planting on tree lawns, this requirement will be satisfied if any equivalent number of trees of an appropriate size and species as provided for in the Arboricultural Specifications are planted in an attractive manner on the adjoining property as approved by the Commission.
(2) 
No person or property owner shall remove a tree from the tree lawn for the purpose of construction, or for any other reason, without first filing an application and procuring a permit from the Shade Tree Commission, and without replacing the removed tree or trees in accordance with the adopted arboricultural specifications. Such replacement shall meet the standards of size, species, and placement as provided for in a permit. The person or property owner shall bear the cost of removal and replacement of all trees removed.
(3) 
Any tree stump must be completely and properly removed.
E. 
Permit fees. The fee for each permit issued pursuant to this chapter shall be $25, which fee shall be paid at the time application is made at the Code Office and shall be nonrefundable.
It shall be the duty of any person or persons owning or occupying real property bordering on any street upon which there may be trees, to prune such trees in such manner that they will not obstruct or shade the street lights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs, or obstruct view of any street or alley intersection. The minimum clearance of any overhanging portion thereof shall be 10 feet over sidewalks, and 12 feet over all streets except truck thoroughfares which shall have a clearance of 16 feet.
A. 
Notice to prune. Should any person owning real property bordering on any street fail to prune trees as herein above provided, the Shade Tree Commission shall order such person or persons, within three days after receipt of written notice, to so prune such trees.
B. 
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.
C. 
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 municipality to prune such trees, and the exact cost thereof shall be assessed to the owner as provided by law in the case of special assessments.
Unless specifically authorized by the Shade Tree Commission, no person shall intentionally damage, cut, carve, transplant, or remove any tree; attach any rope, wire, nails, advertising posters, or others contrivance to any tree; allow any gaseous liquid, or solid substance which is harmful to such trees to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree.
No person shall hinder, prevent, delay, or interfere with the Shade Tree Commission or any of his or their assistants while engaged in carrying out the execution of enforcement of this chapter; provided however, that nothing herein shall be construed as an attempt to prohibit the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction of the protection of property rights by the owner of any property within the municipality.
A. 
All trees on any street or other publicly owned property near any excavation or construction of any building, structure, or street work, shall be guarded with a good substantial fence, frame, or box not less than four feet high and eight feet square, or at a distance in feet from the tree equal to the diameter of the trunk in inches D.B.H., whichever is greater, and all building material, dirt, or other debris shall be kept outside the barrier.
B. 
No person shall excavate any ditches, tunnels, trenches, or lay any drive within a radius of 10 feet from any public tree without first obtaining a written permit from the Shade Tree Commission.
No person shall deposit, place, store, or maintain upon any public place of the municipality, any stone, brick, sand, concrete, or other materials which may impede the free passage of water, air, and fertilizer to the roots of any tree growing therein, except by written permit of the Shade Tree Commission.
Any person, firm, or corporation violating or failing to comply with any of the provisions of this chapter shall be guilty of a summary offence and upon conviction thereon shall be subject to a fine of not more than $600 plus costs.
Street trees shall be required wherever a proposed subdivision shall average three or more lots per gross acre, or where the proposed subdivision is adjacent to any existing or recorded development having street trees.
The Shade Tree Commission shall review all development and redevelopment plans meeting the above criteria to assure the planting of the proper trees.
Before starting any construction or installation of improvements, the developer shall notify the municipality of his intention to initiate such work. The municipality shall either authorize the Shade Tree Commission to monitor and inspect the installation of improvements during their construction or authorize it (or him) to assist an engineer in the performance of this task.
Street trees to be provided pursuant to the provision of the Wilson Borough Subdivision and Land Development Ordinance[1] shall be in accordance with these specifications and approved plans.
[1]
Editor's Note: See Ch. 153, Subdivision and Land Development.
A. 
Preferred tree species.
(1) 
All planting material used shall be selected from the following plant list. If the developer is confronted with an unforeseen problem pertaining to tree species, the Shade Tree Commission shall be consulted for advice and recommendations.
(2) 
Street trees within the same block shall be of the same species except to achieve a special effect, as approved by the Shade Tree Commission.
(3) 
Tree list.
(a) 
Small trees - under 30 feet.
[1] 
Prunus sargentii - Sargent cherry.
[2] 
Syringa reticulata - Japanese lilac.
[3] 
Acer campestre - hedge maple.
[4] 
Crataegus crusgalli - thornless cockspur hawthorn.
[5] 
Malus floribunda - flowering crabapple.
(b) 
Medium trees - 30 to 45 feet.
[1] 
Carpinus betulus - European hornbeam (columnar).
[2] 
Pyrus calleryana - flowering pear.
[3] 
Prunus x yedoensis - Yoshino cherry.
[4] 
Cladrastis kentukea - American yellow wood.
[5] 
Koelreuteria paniculata - golden rain tree.
(c) 
Large trees - over 45 feet.
[1] 
Zelkova serrata - Japanese zelkova.
[2] 
Nyssa sylvatica - black gum.
[3] 
Sophora japonica - Japanese scholar tree.
[4] 
Gleditsia triacanthos - honey locust.
[5] 
Acer rubrum - red maple.
(4) 
The use of any tree other than those listed above requires the approval of the Shade Tree Commission.
(5) 
Not all trees on this list are suitable for all situations. Suitability shall be determined by the Shade Tree Commission. Additionally, as new varieties are developed and existing ones improved, this list should be amended.
B. 
Acquisition of trees. Only plant material grown in nurseries shall be procured for shade tree planting. Trees should be true to form and typical of the species.
C. 
Tree specifications.
(1) 
Each tree shall be at least eight feet in height and have a diameter of at least 1 1/2 inches measured at a height of six inches above the finished ground level.
(2) 
Plant material shall be balled and burlapped with native soil in which the material had been growing (no manufactured balls).
(3) 
The relationship between tree caliper, tree height, and diameter of the root ball shall be as follows:
Caliper
Height Range
Minimum Ball Diameter
1 1/2 to 1 3/4 inches
8 to 10 feet
20 inches
1 3/4 to 2 inches
10 to 12 feet
22 inches
2 to 2 1/2 inches
12 to 14 feet
24 inches
D. 
Soil amendments. As different trees require different soil conditions, it may be necessary to add materials such as fertilizers, sand, etc., to the existing soil prior to planting.
A. 
Planting locations.
(1) 
The actual location of each individual tree shall be determined considering views, proximity of utility poles, overhead and guy wires, driveways and subsurface utility installations.
(2) 
Trees shall be planted at least 30 feet from street intersections, at least 15 feet from driveways and alleys, and at least 10 feet from utility poles.
(3) 
Spacing of trees should be determined by the Shade Tree Commission according to local conditions, the species, cultivars, or varieties used, their mature height, spread, and form. Generally, all large trees shall be planted 40 to 60 feet on center; all medium-sized trees shall be planted a minimum of 35 feet on center; and all small trees shall be planted a minimum of 25 feet on center. Whenever possible shade trees shall be planted alternately along each side of all streets of the development. Trees shall be spaced without regard to property lines.
B. 
Planting specification.
(1) 
Tree pits shall be at least 10 inches wider in diameter than the diameter of the root ball. Unless building debris is encountered, the hole shall be excavated to a depth no greater than to permit the top of the ball to be level with the rim of the hole. All encountered debris should be removed to a minimum depth of 30 inches.
(2) 
Planting time. Except where waived by the Shade Tree Commission, trees within the same block shall be planted at the same time. Balled and burlapped material may be planted during any period of the year when the soil is frost-free and friable.
(3) 
The burlap and twine covering the upper half of the ball shall be rolled back or cut away after the plant has been set.
(4) 
Trees shall be staked with no less than two-inch-by-two-inch stakes driven 2 1/2 to three feet into the ground. Two stakes shall be required for trees less than two inches in caliper and three for trees greater than two inches in caliper. The trunk shall be protected by placing a short piece of three-quarter-inch diameter, two-ply reinforced hose around the guy wire where it comes in contact with the tree. All stakes shall be of the same height for uniform appearance and support.
(5) 
The planting hole shall be backfilled to 3/4 full with soil, followed by 10 gallons of water. When the water has been absorbed, the hole shall be filled with topsoil and tamped lightly to finish grade.
(6) 
Upon completion of the transplanting operation, a wood chip or bark mulch two inches deep shall be placed over the planting area.
(7) 
All unused soil or debris resulting from the planting or plan material shall be removed from the project area.
A. 
Maintenance.
(1) 
Plant maintenance shall begin immediately after each plant is satisfactorily installed and shall continue until final inspection by the Shade Tree Commission.
(2) 
Plant maintenance shall include, but need not be limited to, replacing mulch that has been displaced by erosion or other means, maintaining stakes and guys as originally installed, watering when needed or directed, and performing any other work required to keep the plants in a healthy condition. An adequate moisture supply is estimated to be the equivalent of one inch of water per week, delivered at weekly intervals in the form of rain, or augmented as required by periodic watering.
(3) 
The developer shall remove and replace all dead, defective, and rejected plants as occur during period.
B. 
Guarantee. In addition to other standard provisions, the developer's improvement bond shall also provide for the following:
(1) 
Maintenance in kind, or with a substitute acceptable to the Shade Tree Commission, of all planted material which is not in a healthy growing condition, which has died back, or is beyond normal pruning limits.