[Ord. No. 510, 7/11/2023]
1. 
This Part shall be known and may be cited as the "Street Tree Ordinance."
[Ord. No. 510, 7/11/2023]
1. 
Word Usage. Words used in the present tense shall include the future. The singular number shall include the plural, and the plural the singular. The word "person" includes a corporation and unincorporated association. The word "shall" is mandatory.
2. 
Definitions. The following words and phrases as used in this Part shall have the following meanings, unless the context clearly indicates a different meaning:
APPLICANT
A person, as hereinafter defined, who has filed a permit application, including his heirs, successors, and assigns.
DEPARTMENT
The Department of Community Development.
DRIPLINE
A generally circular line the circumference of which is determined by the outermost reaches of a tree's, trees' or woodlands' widest branching points.
FEE
The required charge established by this chapter to defray the cost of processing an application, reviewing an application, or inspections which shall be payable to the Township in accordance with the requirements of this Part.
FINANCIAL SECURITY
Surety, in a form acceptable to the Township Solicitor, in the form of cash, a certified check or irrevocable letter of credit and restrictive or escrow account or set-aside agreement from a federal- or commonwealth-chartered lending institution, or a corporate performance bond or a labor-and-material payment bond from a surety company authorized to conduct business in the commonwealth.
PEDESTRIAN WALKWAY
A sidewalk, trail, and/or other pedestrian walkway intended for public use located along a public or private street in the Township, including, for the purposes of this Part, supporting walls, retaining walls, railings, grass area between sidewalk and curb and any other structures or appurtenances necessary, desirable, or incidental to the installation and safe use of a pedestrian walkway.
PERMIT
A permit, in writing, as issued by the Department of Community Development or the appropriate designated agent or representative of the Township.
PERSON
Includes individuals, corporations, groups of individuals, firms, associations and their servants, agents, or other employees.
PRUNING
The selective removal of plant parts to meet specific goals and objectives.
RESPONSIBLE PARTIES
Property owners or associations responsible for the maintenance and care of street trees.
RIGHT-OF-WAY
A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary or storm sewer and other similar uses. A right-of-way grants an ownership interest in fee to the grantee. No permanent structure may be erected in or on a right-of-way except for structures serving the purpose of the right-of-way as may be expressly authorized by the Township.
SHADE TREE
For the purposes of this Part, the term "shade tree" shall include the following: any tree with any part of its dripline or root system within the ultimate right-of-way along any street; any tree required to be planted by the Township Subdivision and Land Development Ordinance and/or the Township Zoning Ordinance;[1] and any tree required in a deed restriction on any lot.
STREET
All land between ROW lines, whether public or private, and whether improved or unimproved, which is intended to accommodate vehicular traffic, including an avenue, drive, boulevard, highway road, freeway, parkway, lane, viaduct, or other vehicular way. The term shall not include the word "driveway."
STREET TREE
A shade tree located adjacent to, along or upon the side of any public or private street and within a public or private road right-of-way.
STREET, PRIVATE
The entire width of every private street or right-of-way when any part thereof is open to the public for the purposes of vehicular and pedestrian traffic.
STREET, PUBLIC
The entire width of every public street or right-of-way when any part thereof is open to use by the public, as a matter of right, for purposes of vehicular and pedestrian traffic.
TOPPING
The severe 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. Topping is not an acceptable pruning practice.
TOWNSHIP
The Township of North Fayette, County of Allegheny, Commonwealth of Pennsylvania.
TOWNSHIP ENGINEER
A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed by the Board of Supervisors to serve as the engineer for the Township.
TREE MAINTENANCE
Any trimming, spraying, fertilizing, pruning or otherwise caring for the health of a tree.
[1]
Editor's Note: See Ch. 22, Subdivision and Land Development, and Ch. 27, Zoning, respectively.
[Ord. No. 510, 7/11/2023]
1. 
It shall be the responsibility of property owners abutting the public and private streets in which street trees are located to care for, maintain, plant, replace, prune, and remove trees in accordance with these provisions. Street tree maintenance responsibility can be assigned to an association set up for maintenance of common elements in a plan (i.e., homeowners' or property owners' association) if approved by the Township at the time of plan approval and included in the restrictive covenants.
[Ord. No. 510, 7/11/2023]
1. 
Street trees shall be planted in accordance with the Public and Private Improvements Code (PPIC) and the Zoning Ordinance.[1] The species of the street tree and the location of planting shall be subject to the review and approval of the Township Engineer and the Department.
[1]
Editor's Note: See Ch. 3, Public and Private Improvements Code, and Ch. 27, Zoning, respectively.
2. 
It shall be unlawful for any person to plant, remove, mutilate, or cut down any street tree or do or cause to have done a major or total pruning of any street tree within the Township without first obtaining a permit from the Department and doing the same in conformance with said permit, except that it shall not be unlawful to do the following without a permit or approval of the Township:
A. 
Prune street trees to conform to the clearance requirements of this Part, remove or cut off low-hanging or broken branches of trees which create or may create a public nuisance or danger;
B. 
Carry out normal repair, upkeep, minor pruning, and trimming; or
C. 
Prune, trim or cut for the maintenance of public utility facilities.
[Ord. No. 510, 7/11/2023]
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No street tree shall be planted or removed in the Township without a written permit; such permit to designate the type of street tree and place where such street tree is to be planted or removed. The Township shall have authority to designate the suitable type of street tree and may refuse a permit to plant any type of street tree which, in its opinion, is not suitable to the location. All persons shall first obtain a written permit before doing or having done any work for the care, pruning, or trimming of any street tree within the Township, and such work shall be done to the satisfaction of the Township.
A. 
A permit shall not be required for street trees to be planted as part of an approved land development, provided that the street trees are planted prior to the final release of financial security for the development.
[Ord. No. 510, 7/11/2023]
1. 
It shall be unlawful for any person, without first obtaining a permit, to cut, break, or injure any street tree, or cause, authorize, or procure any person to cut, break, or injure any such tree or portion thereof, or to injure, misuse, or remove or cause, authorize, or procure any person to injure, misuse, or remove any device set for the protection of any street tree. This provision shall not preclude any person desiring to cut, prune or spray any street tree for the purposes of tree maintenance or the elimination of public safety hazards that interfere with public travel.
[Ord. No. 510, 7/11/2023]
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It shall be unlawful for any person to allow any substance to come into contact with the soil surrounding the roots of any street tree in such a manner as may injure such tree.
2. 
It shall be unlawful for any person to allow any substance or material to be applied to or occur in a manner which may obstruct the free access of air and water to the roots of any street tree.
3. 
It shall be unlawful for any person to attach or keep attached to any street tree any object that, in the judgment of the Township, could harm or injure such tree (i.e., attaching signs with nails, staples, or tacks; permanently attaching ropes, wires, boards; etc.).
4. 
It shall be unlawful for any person to scar, injure, or destroy any street tree in any manner.
5. 
It shall be unlawful for any person to permanently attach any electric wire, insulator, or any device for the holding of an electric wire to any street tree.
6. 
Tree topping, as defined above, shall be expressly prohibited.
[Ord. No. 510, 7/11/2023]
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All street trees located near any excavation or construction of any building, structure, or street work shall be guarded with an appropriately substantial fence, frame, or box. The "tree guard" shall not be less than four feet high and eight feet square, or at a distance in feet from the tree trunk equal to the diameter of the trunk at breast height (D.B.H.) in inches, whichever being the greater. All building materials, dirt or other debris shall be kept outside the tree guard.
2. 
No person shall change natural drainage or attempt to excavate any ditches, tunnels, trenches or lay any drive within a radius of 10 feet from any street tree without first obtaining written permission from the Township.
[Ord. No. 510, 7/11/2023]
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No person shall place, deposit, store or maintain within any public right-of-way or private right-of-way any stone, sand, concrete, brick, or other material which may impede the passage of water, air, or fertilizer to the roots of any street tree growing therein. Sunlight to any street tree shall not be permanently blocked by placement of materials without first obtaining written permission from the Township.
[Ord. No. 510, 7/11/2023]
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At a minimum, an area of grassy open space, not less than four square feet around the base of every street tree, which space shall be so maintained as to permit the free passage of air and water to the roots of such tree.
[Ord. No. 510, 7/11/2023]
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Branches of all street trees shall be kept pruned so that such branches do not obstruct the light from any streetlight or pedestrian light or obstruct the view of any street intersection or traffic control device. Branches shall be pruned so that there is a minimum clear space of nine feet above the surface of a pedestrian walkway and a minimum clear space of 14 feet above the surface of a public street or private street.
A. 
The Township reserves the right to designate a higher or lower clear space on certain streets or pedestrian walkways where traffic or other conditions warrant.
2. 
In case the responsible party shall neglect or refuse to prune the street tree upon being notified, in writing, by the Code Administrator to do so, the Township may, after the expiration of 30 days of said notification, cause such pruning to be done at the expense of the property owner, and the entire cost thereof shall be a lien upon said premises and shall be filed and collected by the Township in the same manner as municipal claims are filed and collected and/or as hereinafter provided by this Part.
[Ord. No. 510, 7/11/2023]
1. 
The Code Administrator may provide written notice to responsible parties ordering the removal of all or a portion of a street tree which, in the determination of the Township, is a danger to public health, safety and welfare because of its general condition or the presence of disease or other factors which may require removal. Responsible parties shall have 30 days for removal of such trees upon notice of the Township. A shorter duration may be prescribed by the Township if determined necessary because of potential of a hazardous condition.
2. 
In case the responsible party shall neglect or refuse to remove the street tree upon being notified, in writing, by the Code Administrator to do so, the Township may, after the expiration of 30 days of said notification, cause such removal to be done at the expense of the property owner, and the entire cost thereof shall be a lien upon said premises and shall be filed and collected by the Township in the same manner as municipal claims are filed and collected and/or as hereinafter provided by this Part.
[Ord. No. 510, 7/11/2023]
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All stumps of street trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
[Ord. No. 510, 7/11/2023]
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No person shall allow to exist on property any tree which presents a threat to the public health, safety, and welfare because of its condition and potential to fall into a public right-of-way and obstruct a public street and/or pedestrian walkway, or otherwise create an unsafe condition for a public street and/or pedestrian walkway. No person shall injure or in any manner damage a tree to create a situation in which a tree presents a potential threat to a public right-of-way.
2. 
No person shall allow to exist on property any tree which presents a threat to the public health, safety, and welfare because of its condition and potential to fall into a private right-of-way and obstruct a private street and/or pedestrian walkway, or otherwise create an unsafe condition for a private street and/or pedestrian walkway. No person shall injure or in any manner damage a tree to create a situation in which a tree presents a potential threat to a private right-of-way.
3. 
The Township shall have the right to prune any tree or shrub located on private property that interferes with the proper spread of light along a pedestrian walkway or public street or interferes with visibility of any street intersection or traffic control device.
[Ord. No. 510, 7/11/2023]
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No person shall delay, hinder, prevent, or interfere with any Township officials engaged in conducting the execution or enforcement of this Part.
[Ord. No. 510, 7/11/2023]
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Whenever it is necessary for the Township to prune or remove street trees by reason of the failure of the property owner so to do after 30 days' notice, the Township may levy and collect the costs 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 Township Engineer and shall be filed with the Township Secretary. Any such lien may be collected by an action in assumpsit or by lien filed in the manner provided by law for the filing and collection of municipal claims. The Township Secretary shall cause 30 days' written notice to be given to the persons against whose property an assessment has been made, which notice shall state the amount of the assessment, the time and place of payment and certificates from the Township Engineer as to the work performed. In the event of nonpayment within 30 days thereafter, the same may be collected as herein provided.
[Ord. No. 510, 7/11/2023]
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Permit Application. An application for a permit shall be submitted, in writing, to the Department, on a form provided by the Township. The application shall specify the kind of work or operation the applicant desires to perform, the exact location and the species of any street tree affected, the owner of the property and the person who will do the work. It shall be the duty of the Department to submit every such application promptly to the Township Engineer for review. Within seven business days of receipt of a recommendation from the Township Engineer for approval or disapproval of the application, the Department shall act upon the application and issue a determination. If approved, the permit shall be valid for a term of 60 days but may be removed at any time upon proof satisfactory to the Department that any of the terms or conditions upon which such a permit was issued have been violated.
A. 
Application Fee. The applicant for any permit shall, at the time of application, pay to the Township an application fee as specified in the Township Fee Schedule.
B. 
Certification of Insurance. The Township shall require a certification of insurance against personal injury or property damage.
2. 
Financial Security Required. The Department, as a condition precedent to the issuance of the permit, shall require the applicant to post financial security to guarantee the compliance by the applicant with the terms and conditions upon which such permit was issued; and which the amount of financial security shall not be more than double the estimated costs of such work. The Township Engineer shall review the cost estimate and determine the amount of financial security required.
3. 
Authority to grant or deny a permit and impose conditions in a permit.
A. 
The Department shall review each application for a permit and shall grant or deny said application, and, if granted, it shall state in the permit the type or species of street tree to be planted or removed, cut, trimmed, or pruned and may set forth specifications for doing the same. It shall then be unlawful to plant, remove, cut, trim, or prune any street tree contrary to specifications set forth in a permit.
B. 
The Department, in performing its duties hereunder and in issuing permits, shall adhere to the standards adopted by the National Shade Tree Conference or any other similar recognized organization or body which promulgates standards and which conducts the intent of the regulations herein.
C. 
While Township departments and other governmental agencies are expected to adhere to the requirements of this Part, it shall not be necessary for Township departments or other governmental agencies to obtain a permit to do any work.
[Ord. No. 510, 7/11/2023]
1. 
Any person, firm, association, or corporation who shall violate any provision of this Part, or fails to comply therewith, or with any of the requirements thereof, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs, including reasonable attorney fees incurred by the Township, and, in default of payment of said fine and costs, to a term of imprisonment to the extent permitted by law for the punishment of summary offenses. A separate offense shall arise for each day or portion thereof in which a violation of this Part is found to exist and for each section of this Part found to have been violated. The Township may also commence appropriate actions in equity or other to prevent, restrain, correct, enjoin, or abate violations of this Part. All fines and penalties collected for violations of this Part shall be paid to the Township Treasurer. The initial determination of ordinance violation is hereby delegated to the Township Manager, the Code Administrator, the authorized designee of the Township Manager, and to any other officer or agent that the Township Manager or the Board of Supervisors shall deem appropriate.