[HISTORY: Adopted by the Borough Council of the Borough of
Ridley Park as indicated in article histories. Amendments noted where
applicable.]
[Adopted as Ch. 65 of the 1968 Code]
From and after the passage of this article, all trees or other
plantings of whatever description situate within the lines of the
highways, streets and public parks of the Borough shall be under the
jurisdiction of the Borough Council, which shall enforce the provisions
hereof and may make such reasonable regulations for removal, care
and protection of said trees or other plantings as shall seem to it
necessary and proper and for the planting of additional trees.
It shall be unlawful to cut, trim or climb with spurs, break,
injure, kill, destroy or remove or to cause, authorize or procure
any person to cut, trim, climb with spurs, break, kill, destroy or
remove any shade tree or trees now growing or which shall hereafter
grow along highways, streets or public parks of the Borough, without
written permit of the Borough Council.
Any tree or other planting standing on either public or private
property, projecting on or over the public highway or extending its
roots into any public sewers or endangering the public is, under the
police power, hereby declared a public nuisance, and upon action of
the Council authorizing its removal or trimming as a public nuisance,
the Council shall order the owner of the property to trim or remove
said tree or other planting within 30 days, and if said tree or other
planting is not trimmed or removed within the prescribed time as fixed
by the Council, then said tree or other planting shall be trimmed
or be removed by the Borough and the cost thereof collected from the
owner of the property, as provided by law, and the Borough shall have
the right to file a lien therefor.
No tree shall be planted in or upon the public streets, highways,
avenues, parks, 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 curbline of
any two public streets. Under normal conditions, trees should be spaced
at least 50 feet apart. Special permission must be given for planting
trees closer than 50 feet. Whenever possible, new trees will be planted
in line with other trees on the street. Trees may not be planted between
sidewalk and curb unless the distance between sidewalk and curb is
at least three feet.
All trees on public highways or on private property shall be
kept trimmed so that the minimum clearance where they overhang any
public walk shall be nine feet and the minimum clearance where they
overhang any public street or highway shall be 12 feet. However, the
Borough reserves the right to designate a higher clearance on certain
highways where heavy traffic or other conditions make it expedient.
In case the owner of such property shall neglect or refuse to trim
such trees upon being notified, in writing, by the Borough to do so,
the Council may, after the expiration of the date specified in said
notice, cause such trimming to be done at the expense of the owner,
and the entire cost thereof shall be a lien upon such premises and
shall be filed and collected by the Borough in the same manner as
municipal claims are filed and collected.
All public utilities operating in the Borough desiring to trim
trees along the highways and streets must obtain permission to do
so from the Borough Council. Work of this nature is to be done under
Borough supervision.
[Amended 6-8-1971 by Ord.
No. 897; 10-21-2003 by Ord. No. 1131]
Any person or persons, firm or corporation who shall violate
or authorize or procure the violation of any provisions of this article
shall, upon conviction before any District Justice, be subject to
a penalty not to exceed $600 and costs of prosecution, payable to
the Borough, and, in default of payment of the fine and costs, shall
be committed to the county jail for a period not exceeding 30 days,
with the right of appeal as in other cases of summary conviction.
[Adopted 6-9-1992 by Ord.
No. 1043]
A.
In recognition of trees being an integral part of the design and
character of this planned residential community as set forth in the
Copeland Plan of 1871 (see Appendix[1]); for the purpose of promoting among our residents a sense
of community pride and respect for nature and life; for improving
an appreciation of the aesthetic qualities shade trees impart; to
promote the reintroduction, wherever practicable, of native Pennsylvania
species; and, it being the Borough's desire to protect and renew
shade trees as a natural resource for generations to come; the shade
tree Commission of Ridley Park is charged with regulating the orderly
planting, removal, maintenance and protection of shade trees in all
public areas.
[1]
Editor's Note: Said appendix is on file in the Borough
offices.
B.
The shade tree Commission shall have no jurisdiction concerning trees
on private property.
As used in this article, the following terms shall have the
meanings indicated:
Refers to current methods of shade tree care as promulgated
by the International Society of Arboriculture, National Arborists
Association, American Nurseryman's Association, Bureau of Forestry
of the Commonwealth of Pennsylvania or similar organizations.
That portion of the right-of-way between the edge of the
street and the sidewalk.
Any chemical which removes leaves from a shade tree.
Any chemical which kills plants.
Any stone, brick, sand, concrete, asphalt or other substance
which impedes the free passage of water, air and/or nutrients to the
roots of any shade tree.
Any tree determined by the STC to be noteworthy due to its
size, age, rarity, species, type or historic significance.
Any tree work other than minor pruning and including, but
not limited to: reducing the crown; changing the outline; cutting
a limb greater than three inches in diameter.
All publicly owned property, including rights-of-way and
parks, but excluding private property.
Public area along both sides of the street which encompasses
the sidewalk, curb plot and street from the property line on one side
to the property line on the other. This area may vary with different
streets.
A tree, shrub or woody plant.
A single or multiple stemmed woody plant which typically
will not exceed 15 feet in height.
That area within the outermost perimeter of the leaves of
a shade tree.
Any plant which maintains a living structure above the ground
from year to year.
A.
The Shade Tree Commission shall consist of five Borough residents
who are appointed by Borough Council. Selection shall be based primarily
on: interest in the work of the STC; knowledge of plant material;
design, drafting or surveying ability; and/or other talents useful
to the STC. Initially, Borough Council shall appoint members to staggered
terms so that one term expires every year, one member for a term of
one year, one member for a term of two years, one member for a term
of three years, one member for a term of four years and one member
for a term of five years. On the expiration of the term of any member,
a successor shall be appointed by Council to serve for a term of five
years.
[Amended 6-15-2004 by Ord. No. 1145]
B.
The members shall elect a Chairman, Treasurer and Secretary for one-year
terms. Removal from the STC may be for misfeasance, malfeasance or
nonfeasance.
C.
The STC operates solely at the will and approval of Borough Council,
which shall have final say in all matters of policy and methods of
operation.
D.
All members of the Commission shall serve without pay.
A.
Borough Council shall provide a yearly appropriation of funds to
the Shade Tree Commission based upon the budget report provided by
the STC and the availability of revenues. These funds shall be used
by the STC to carry out its duties and responsibilities as defined
by this article.
B.
The Commission may engage in fund-raising activities to aid in carrying
out its duties according to this article.
A.
Protect shade trees. The Shade Tree Commission (STC) shall have exclusive
custody and control of all shade trees on rights-of-way and Borough
property and shall advise Borough Council and Ridley Park residents
on all matters pertaining to shade trees on Borough properties and
rights-of-way and shall administer permit procedures necessary to
protect Borough shade trees.
B.
Plan and design shade tree plantings. The STC shall establish goals
and objectives for long-range plantings of shade trees in all public
areas and along rights-of-way. Planning shall conform to the general
aesthetic established by the Copeland Landscape Plan of Ridley Park
(see Appendix[1]) which may include, but is not limited to naturalized
areas, formal areas and tree-lined walkways.
[1]
Editor's Note: Said appendix is on file in the Borough
offices.
C.
Oversee the maintenance of shade tree quality. The STC shall determine
where shade trees are in need of mulching, feeding, disease control
or repair of damage; advise on the upgrading of shade tree species
and types; and see that all work involving shade trees or the roots
of shade trees is done in strict compliance with approved arboricultural
standards.
D.
Keep records.
(1)
Records shall be kept of all shade trees planted by the STC as well
as copies of all permits approved, applications, landscaping plans
and shade tree inventory information.
(2)
Minutes of meetings shall be kept.
(3)
As required by 8 Pa.C.S.A. § 2724.1, the STC shall annually
report to Council its transactions and expenses for the last fiscal
year and provide anticipated budget for the next year.
(4)
Recommendations, requests or suggestions from Borough residents shall
be kept, carefully considered and incorporated where possible.
E.
Educate citizenry about shade trees. The STC shall advise on the
avoidance of undesirable species and provide information as to the
reasons that certain species are considered undesirable; emphasize
the beauty, diversity, and the necessity of native Pennsylvania species;
disseminate information on the approved arboricultural standards of
tree care and encourage understanding and appreciation of Ridley Park's
shade trees, natural woodlands and planned landscapes.
F.
Inventory the Borough's shade tree resources. The STC shall
gather shade tree information including:
G.
Identify and inventory landmark trees. The STC shall submit information
on unusually large or rare trees to the property owner and to the
District Forester and keep a reference file of landmark trees for
educational purposes.
A.
Permit required.
(1)
A permit shall be required for any person to do, or cause to have done, the following to any shade tree located in a public area: cut down a shade tree; and prune a shade tree other than the minimum to meet clearance requirements over street and sidewalk (see Subsection F).
(2)
A permit shall be a written approval from the STC as issued by the
Borough office for work to be performed in the street right-of-way
and shall include: number and location of tree or trees; type of tree
or trees; description of work to be performed; name of person or organization
doing the work; expiration date; and may state other conditions or
requirements that must be met.
(3)
An application for a permit shall be a written request to perform
major pruning in the street right-of-way and shall include: name and
address of property owner; name of person or organization doing the
work; description of work to be performed; location and type of tree;
application date; and reason work is required.
(4)
Before any permit shall be issued, each applicant shall first provide
proof of liability insurance in the minimum amounts of $300,000 for
bodily injury and $100,000 property damage indemnifying the Borough
or any person injured or damaged as a result of the pursuit of such
endeavors as herein described.
(5)
Fee for a permit issued shall be $5.
(6)
A permit denial shall be issued in writing by the STC with reasons
given and appeal procedure noted.
B.
Planning; planting of street trees.
(1)
As set forth in 8 Pa.C.S.A. § 2720.3, the STC shall give
notice of plantings, transplantings or removal of shade trees.
(2)
Street tree plantings initiated by the STC shall be planned on paper;
plantings by residents through the STC shall be planned on paper;
these plans must include the location, dimensions and species of shade
tree, be approved by the STC and filed by the STC.
(3)
It is recommended that groups of trees be evenly spaced wherever
possible; twenty- to forty-foot space between trees is most desirable.
(4)
Overhead wires call for lower growing tree species or careful training
to form open crotch thereby preventing interference with wires; it
is important that tall trees with a strong central leader not be planted
in these locations.
(5)
Trees shall be planted 10 feet or more from a stormwater inlet; no
closer than 10 feet from a sanitary sewer line.
(6)
Be aware of overhead service lateral and location of underground
electric (underground rural distribution).
(7)
Willow, poplar, Norway maple and trees with undesirable characteristics
shall not be planted along Borough streets.
(8)
Commission shall seek Council's assistance where lack of sufficient
curb plot interferes with or prevents the orderly planting of street
trees.
(10)
The minimum size of trees planted along right-of-way shall be
1 1/2 inch in diameter when measured at 4 1/2 feet above
grade.
C.
Planning: planting in other public areas.
(1)
Plans shall be finalized on paper with accurate dimensions and approved
by the STC before any work is done; approval shall require a majority
vote at a regularly scheduled meeting and signature of the Chairperson.
(2)
The STC is directed to select Pennsylvania native species and their
associates wherever possible.
(3)
Norway maple shall not be planted in public areas.
(4)
Paving with impervious material shall not be done within the tree
protection zone (TPZ) of any shade tree in a Borough public area other
than street right-of-way.
D.
Maintenance.
E.
Shade tree removal.
(1)
No shade tree shall be cut down or removed from any public area or
street without first obtaining a permit.
(2)
Stumps must be removed to a minimum depth of four inches below grade.
(3)
In accordance with the provisions of 8 Pa.C.S.A. § 2720,
the STC may require a property owner to remove a hazardous tree from
the street frontage. In such case, the STC may recommend replacing
it with a species and type in keeping with the plan and design of
that street; the permit fee shall be waived and the replacement cost
of the shade tree shall be borne by the STC.
F.
Clearance over street and sidewalk. Shade trees must not impede the
normal flow of pedestrian or vehicular traffic; branch clearance over
state roads must be no less than 14 feet; over sidewalk clearance
must be at least eight feet.
G.
Sidewalk repair.
(1)
When excavating or repairing sidewalks or curbs within the TPZ, no
lateral root over three inches in diameter shall be severed or injured.
(2)
Work on sidewalks and pit-planting areas shall follow approved arboricultural
standards.
(3)
The practice of curving sidewalks to allow for tree expansion, rather
than cutting tree roots, shall be promoted.
H.
Work done by utility companies.
(1)
Prior to beginning work involving shade tree trimming, removal or
digging within the TPZ, the utility company must present worksheets
for all proposed work to the STC for review and approval.
(2)
The utility company or agent must obtain permission from abutting
property owner before any work proceeds involving a shade tree.
(3)
All work must be done under STC supervision and conform to approved
arboricultural standards.
(4)
Stumps must be removed to a minimum depth of four inches below grade.
The STC shall review each application for a permit and shall
approve or disapprove the application. The STC's decision to
approve or disapprove an application shall take into consideration
the reasons and/or necessity for the proposed work; especially in
light of the health of the tree and the appearance and contribution
said tree makes to the street planting, and the stated purpose of
this article.
In case of emergency such as windstorms or other catastrophe,
the requirements of this article may be waived by the administrator
of this article during the emergency period so that the provisions
herein would in no way hamper private or public work to restore order
in the Borough.
A.
The following activities are harmful to trees:
(1)
Chemical sprays, herbicides or defoliants shall not be applied or
deposited in the TPZ. A waiver may be granted by the STC for removal
of poison ivy or poison oak.
(2)
Salt and ice-melting chemicals shall not be scattered, spread or
piled on curb plots.
(3)
The climbing with spurs of any shade tree shall not be allowed.
(4)
The topping of any shade tree shall not be allowed.
(5)
The piling of soil, salt, rock, debris or any material, except landscaping
mulch, shall not be allowed within the TPZ of any Borough shade tree.
(6)
Vehicles other than grass-cutter shall not be driven or parked in
an unpaved TPZ of any Borough shade tree.
(7)
The peeling of bark, damaging or defacing of any Borough shade tree
shall not be allowed.
(8)
Weed-wackers or lawn-mowing equipment shall not contact the trunk,
branch or surface roots of any Borough shade tree.
(9)
Nails, screws, wire or cable shall not be attached to any shade tree
excepting that which is permissible under approved arboricultural
standards.
B.
When through willful or wanton disregard for the life of any shade
tree any person causes injury, damage or death to any Borough shade
tree, such action shall incur the maximum penalties allowed by law.
Such person shall also be charged the cost of repair and/or replacement
of the shade tree. The STC shall review and recommend on what constitutes
"willful or wanton disregard" on a case-by-case basis.
Any person or persons, firm or association of persons who shall violate or fail to comply with any of the terms or provisions of this article, upon conviction in the courts, shall be punished by a fine not exceeding $600 and/or imprisonment in the county jail for a period not exceeding 20 days. Each tree involved will constitute a separate offense. Penalties shall follow those spelled out in 8 Pa.C.S.A. § 2720.4. See § 195-16B of this article. Such fines or penalties shall be collected in the manner prescribed by law.
Enforcement shall be by person or persons designated by Borough
Council.
The right to appeal any decision of the STC must be presented
in writing to the STC within 30 days of disapproval. The STC will
review and make recommendations to Council for decision.
