[HISTORY: Adopted by the Borough Council of the Borough of Bridgeport 5-23-2006 by Ord. No. 2006-001, approved 5-23-2006. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- A permit in writing as issued by the office of the Borough Manager of the Borough of Bridgeport.
- Includes individuals, corporations, groups of individuals, firms, associations and their servants, agents or other employees.
- Any tree, shrub or other woody plant in or upon any public street, highway, avenue, park, parkway or other public areas, or that part of any tree, shrub or other woody plant which extends within the lines of any public street, highway, avenue, park, parkway or other public areas in the Borough of Bridgeport.
No tree shall be planted or removed in or upon any public street, highway, avenue, park, parkway or other public areas without a written permit from the office of the Borough Manager of the Borough of Bridgeport, such permit to designate the type of tree and place where such tree is to be planted or removed. The Borough Manager shall have authority to designate the type of tree and place where such tree is to be planted or removed. The Borough Manager shall have the authority to designate a suitable type of tree and may refuse a permit to plant any type of tree which, in his opinion, is not suitable for the location. All persons shall first obtain a written permit from the Borough Manager before doing or having done any work for the care, pruning or trimming of any tree in or upon the public streets, highways, avenues, parks, parkways and other public areas and such work shall be done to the satisfaction of the office of the Borough Manager.
No tree shall be planted in or upon the public streets, highways, avenues, park, parkways and other public areas of the Borough within five feet of any driveway, nor shall any tree on private property adjacent to the sidewalk be planted within three feet therefrom. No tree shall be planted nearer to the intersection of any two or more streets than 25 feet from the point of intersection of any two public right-of-way lines.
All trees shall be kept trimmed so that the minimum clearance where the trees overhang any public walk shall be nine feet and the minimum clearance where the trees overhang any public street or highway shall be 11 feet. However, the Borough Manager reserves the right to designate a higher clearance on certain highways where heavy traffic or other conditions make it expedient. All trees standing on private property and having branches projecting over a public highway shall be kept trimmed by the owner of such private property so that the lowest branches shall have the minimum clearance specified above or such other clearance as may be specified by the Borough Manager. In case the owner of such property shall neglect or refuse to trim the trees upon being notified in writing by the Borough Manager so to do, the Borough Manager may, after the expiration of 30 days from said notice, cause such trimming to be done at the expense of the owner, and the entire cost thereof shall be a lien upon said premises and shall be filed and collected by the Borough in the same manner as municipal claims are filed and collected and/or as hereinafter provided.
If a tree is removed pursuant to this chapter, the entire stump shall also be removed at the same time, i.e., removing all woody tissue including that below ground to a depth of 12 inches.
The Borough Manager may, upon 30 days' written notice to the property owner, require the removal of diseased trees and, upon the failure of the owner to do so, within 30 days thereafter the Borough Manager may do so and collect the costs thereof as hereinbefore and hereinafter provided.
The application for any permit required hereunder shall be made in writing to the Borough Manager upon forms furnished by him and 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. The permit shall be effective for such length of time as the Borough Manager shall in each case determine, which shall be indicated on the permit, and such permit may be revoked at any time at the direction of the Borough Manager upon satisfactory proof to the Borough Manager that the terms and conditions upon which the permit has been issued are being or have been violated.
Whenever it is necessary for the Borough Manager or the Borough to trim or remove trees by reason of the failure of the property owner to do so after 30 days' notice, the Borough 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 Borough Engineer and shall be filed with the Manager. 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 Borough Manager shall cause 30 days' written notice to be given 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 Borough Manager and the Engineer as to the work performed. In the event of nonpayment within 30 days thereafter, the same may be collected as herein provided.
Any person who shall violate or fail to comply with any of the provisions of this chapter shall be liable on conviction thereof for a fine or penalty of not more than $300 for each and every offense and, whenever such person shall have been notified by the Borough Manager or by service of summons in prosecution or in any other way that he is committing such violation, each day which he shall continue such violation after any such notification shall constitute a separate offense punishable by like fine or penalty. Such fines or penalties shall be paid to the Borough Treasurer. Prosecution shall be by way of a summary proceeding before a Magisterial District Judge.
The aerial spraying of trees in the Borough of Bridgeport by private commercial spray applicators shall be prohibited unless first the applicator applies for and receives a permit, to be issued by the Borough Arborist or Borough Manager.
Application for a permit required under § 517-10 above shall include the following:
Name and address of the applicator.
Type of chemical to be used.
Type of insect or disease to be controlled.
Dates and times of anticipated spraying.
Location to be sprayed.
Qualifications of those engaged in the spraying program.
A map of the area to be sprayed.
A sample label or copy of the chemical to be used.
A copy of the Pennsylvania Department of Agriculture's certified pesticide applicator's license.
Proof of liability insurance coverage in such amounts as shall be determined by Borough Council.
The granting or refusing of permits for aerial spraying shall constitute neither an approval or disapproval by the Borough of Bridgeport of the spraying program. The applicator shall save and hold harmless the Borough from any and all liability which may result from the aerial spraying program to be conducted.
Amendments to the permit application to change the chemical to be applied by the applicator shall be made by written authorization from the Borough Arborist or Borough Manager only. Such requests shall be submitted in writing and accompanied by a new sample label or copy of the chemical to be used.
The permits to be issued above under § 517-10 shall be valid for a period of one calendar year, for which a fee as set from time to time by resolution by the Borough Council shall be paid.