[HISTORY: Adopted by the Borough Council
of the Borough of Lehighton: Art. I, as Ch. 130, Art. VII, of the
1975 Code; Art. II, 9-13-1993 by Ord. No. 436. Section 205-4 amended
at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Other amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 171.
[Adopted as Ch. 130, Art. VII, of the 1975
Code]
A.
PERSON
Terms defined. As used in this Article, the following
terms shall have the meanings indicated:
Any natural person, partnership, association, firm or corporation.
B.
Word usage. As used in this Article, the singular
shall include the plural, and the masculine shall include the feminine
and the neuter.
No person shall plant or maintain or permit
to remain upon property owned by him/her any tree any part of which
shall interfere with any of the electric lines of the borough or any
of the branches of which shall have a clearance above the sidewalk
of less than 7 1/2 feet or a clearance above any street or public
alley of less than 14 feet.
Any person upon whose property any tree shall at any time be growing with any branch interfering with any electric line of the borough or with a clearance above any street or public alley of less than 14 feet or above any sidewalk of less than 7 1/2 feet shall, upon 10 days' notice from the Borough Manager, remove or cause such tree to be removed or trim or cause the same to be trimmed so that such tree shall no longer be growing in conflict with the requirements of § 205-2 of this Article. If any person shall fail to remove or trim such tree within such time limit, the borough shall have authority to cause the same to be done and to collect the cost of the work, with an additional amount of 10%, from the owner of the property upon which such tree is located.
[Amended 8-26-1991 by Ord. No. 413]
Any person who shall violate any of the provisions of this Article shall, upon conviction thereof before any District Justice, be subject to a fine of not less than $10 nor more than $600 and costs of prosecution and, in default of payment of such fine and costs, to imprisonment in the county jail for not more than 30 days. Such penalty and costs may be in addition to any charges made by authority of § 205-3 of this Article.
[Adopted 9-13-1993 by Ord. No. 436]
A Commission, to be known as the "Shade Tree
Commission of the Borough of Lehighton," is hereby created under authority
of the Borough Code, Act of February 1, 1966, P.L. No. 581,[1] as amended.
[1]
Editor's Note: See 53 P.S. § 47721
et seq.
A.
BOROUGH
COMMISSION
COUNCIL
PERMIT
PERSON
PUBLIC HIGHWAY
SHADE TREE
TREE REMOVAL
Definitions. The following words and phrases, when
used in this Article, shall have the meanings hereby ascribed to them,
except in those instances where the context indicates a different
meaning:
The Borough of Lehighton, Carbon County, Pennsylvania.
The Shade Tree Commission of the Borough of Lehighton.
The Borough Council of the Borough of Lehighton, Carbon County,
Pennsylvania.
A document issued in writing by the Shade Tree Commission
or through the Borough of Lehighton and kept on record in the borough
office.
Any natural person, firm, association, partnership or corporation.
Any street, sidewalk or alley open to the public and shall
extend to the limits of the borough's legal right-of-way.
Any tree, shrub, hedge or other woody plant on any public
highway, park or borough-owned property in the Borough of Lehighton,
or any tree, shrub, hedge or other woody plant which extends within
the limits of any public highway, park or borough-owned property.
Removing all woody tissue, including that below ground, to
a depth of 12 inches.
B.
Construction. In this Article, the singular shall
include the plural, and the masculine shall include the feminine and
neuter.
A.
The Commission shall be composed of at least five
residents of the Borough of Lehighton, who shall be appointed by the
Council and shall serve without compensation. At least one of the
members of the Commission shall have at least 10 years' experience
as an arborist, tree surgeon or in a closely related field, unless
there is no resident of the borough who has said qualifications and
who is willing to serve as a member of the Commission.
B.
Term. The Borough Council shall appoint the members
of the Commission for terms of three years. Vacancies in the Commission
shall be filled by the Council for the unexpired term of the member
whose seat on the Commission became vacant.
A.
The Shade Tree Commission shall perform all duties
and may exercise the powers conferred to it by the Borough Code, Act
of February 1, 1966, P.L. No. 581, as amended.[1] This shall include overseeing and enforcing shade tree
regulations as delineated in this Article as follows:
(1)
The Commission shall have exclusive custody and control of the shade trees in the borough which come under its jurisdiction as defined in § 205-6.
(2)
The Commission is empowered to authorize planting, removal, maintenance and protection of shade trees under its jurisdiction as defined in § 205-6.
(3)
Identification of new planting sites by the Commission
is subject to the review and final approval of the Council's Streets,
Buildings and Code Committee and Council's Public Works and Recreation
Committee.
(4)
The Commission, with the advance approval of the Council,
may engage, hire or employ such arborists, foresters, tree wardens,
engineers or other such professional persons as the duties and responsibilities
of its office require.
(5)
The Commission may make, enforce and recommend regulations
for the care and protection of shade trees in the borough. No regulations
shall be in force until they have been approved by the Council and
enacted as an ordinance or resolution of the Council.
[1]
Editor's Note: See 53 P.S. § 47721
et seq.
B.
No person shall prevent, delay or interfere with the
Commission, Council or borough employees or any person employed to
execute or enforce the regulations contained in this Article, provided
that nothing herein shall be construed as an attempt to prohibit a
public hearing or the pursuit of any remedy, legal or equitable, in
any court of competent jurisdiction for the protection of property
rights by the owner of any property within the borough.
The regulations for the Shade Tree Commission
of the Borough of Lehighton are as follows:
A.
Permits must be obtained to do anything to a shade
tree, and the Commission is hereby authorized set a fee for the processing
of such a permit. No shade tree shall be removed, planted, pruned,
broken, sprayed, injured, destroyed, have the growth altered in any
manner or be interfered with in any way, in or on any public highway,
park or other borough property in the Borough of Lehighton, unless
a permit has been obtained and is on file at the borough office indicating
approval or permission of the Commission, in writing, for the action
to be taken. If a contractor is to do the work sought to be authorized
by the permit, the name, address and telephone number of the contractor
must be identified on the permit.
B.
Routine maintenance. Once permission is secured, in
writing, through such a permit, the property owner shall have a time
limit of one year from the date of the permit, or such other time
frame as may be specified by the Commission, to accomplish the work.
C.
Removal (also consult § 205-12D).
(1)
The Commission may require owners of property to cut,
prune or remove shade trees in the interest of public safety or to
conform to the regulations of this Article.
(a)
Condemnation. Upon written notification from
the Commission, the property owner will have 60 days to take the required
measures.
(c)
Failure to comply. If the property owner fails
to comply with such notice or requirements, the borough may cause
the work to be done and levy and collect the cost thereof from the
owner of the property.
(2)
Shade trees that are removed, including the removal of the stump [See §§ 205-6 and 205-12D(3)], and which are required to be replaced shall be replaced as soon as practical (fall planting is preferred) but within one year of the removal of the original shade tree.
D.
Cost.
(1)
The cost of pruning or removing any shade trees and
stumps along public highways in the borough and planting a replacement
tree shall be the responsibility of the property owner.
(2)
In addition, the cost of the necessary suitable guards,
curbing or grading for the protection thereof and the replacement
of any pavement, driveway or sidewalk necessarily disturbed in the
execution of such work shall also be paid by the owner of the real
estate abutting where the work is done.
(3)
If the borough has to arrange for a condemned tree to be taken down [See § 205-9C(1)], the cost of such work shall be a lien upon the premises from the time of the commencement of the work, the date of which shall be determined by the borough. 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.
E.
Location and species of new trees.
(1)
Replacement trees. The species and location of replacement trees are subject to the guidelines contained in § 205-12A.
(2)
Planting trees.
(a)
Property owners of sites approved for the planting
of new trees according to the most current shade tree inventory will
be systematically requested to voluntarily plant trees in the identified
site within a specified time.
(b)
If such a request has been made and a property
not brought into compliance voluntarily by planting a tree at the
specified site within the time specified, then the tree may be planted
by the borough and a lien placed against the property to cover the
costs incurred by the borough.
F.
Regulation of shade trees on private property.
(1)
If any shade tree on a public highway, street, park
or other public property is being injuriously affected or is likely
to be so affected or if the public safety is being endangered by a
tree on private property, as determined by the Commission or Council,
the property owner will be required to prune, spray, cut or remove
such tree(s), shrubs, hedges or plants at the property owner's expense.
(2)
If the owner of the property does not take the required
actions as ordered within the time specified from the date of such
order, the Commission or Council may then have the work done at the
property owner's expense.
A.
Nothing may be attached to a shade tree without the
advance written permission of the Commission. Except as provided below,
no cables, ropes, wires, nails, spikes or injurious fasteners may
be attached to, placed upon or put into any shade tree in or upon
any public highway, park or other public property. The Commission
may grant permission for cables, ropes, wires, nails, spikes or fasteners
to be attached to, placed upon or put into a shade tree following
the Commission being satisfied that such cables, ropes, wires, nails,
spikes or fasteners are either necessary to repair an injury to a
shade tree, necessary to ensure the continued health and vitality
or structural support of a shade tree or necessary to ensure the safety
of persons or property. The Commission may also grant permission for
the attachment of temporary official signs and notices to shade trees
which shall be attached with string or tape which may be removed without
doing damage to the tree.
B.
No injurious substances may be placed on shade trees. No chemicals, salt water, oil, gasoline or other materials which are hazardous or injurious to plant life shall be poured, sprayed, placed or allowed to fall upon any street, highway, sidewalk or pavement in such a way as to injure any shade tree growing thereon. (See § 205-12E concerning spraying.)
C.
Roots.
(1)
There may be no surface impediments to the roots at
the base of the shade tree. No person shall deposit, place, store
or maintain upon any public area of the borough any asphalt, concrete,
stone, sand or other material which may impede the free passage of
water, air and fertilizer to the roots of any shade tree growing thereon,
except by written permission of the Commission.
(2)
No gas leaks near roots. No person shall knowingly
permit any leak to exist in any gas pipe within the root area of any
shade tree.
(3)
No toxic materials near the roots. No person shall
knowingly permit any other toxic material to seep, drain or be emptied
on or about the root area of any shade tree.
(4)
No digging near shade trees. No person shall excavate
any ditches, tunnels, holes or trenches or lay any driveway within
a radius of six feet from any shade tree without first obtaining written
permission from the Commission.
(5)
In the event of imminent danger to life or property,
digging near a shade tree may be undertaken without permission of
the Commission, provided that such action must be reported to the
Borough Manager's office and a permit placed on file within 48 hours
of its occurrence. Otherwise, it shall be deemed a violation of this
Article.
D.
No electrical wires may come in contact with any shade
tree.
(1)
No person shall knowingly permit any electrical wires
to come in contact with any shade tree unless protected by methods
approved by the Lehighton Light and Power Department and the Commission.
(2)
When electricity needs to be cut off for safety. Whenever
the director of Lehighton Light and Power Department determines it
is necessary to move, protect or cut off the electricity from service
wires so that the department's work can be conducted safely and properly,
the director shall serve written notice on the owners of such wires,
and such owner shall comply with such orders within 24 hours after
service of said notice.
E.
No injuries from fire. No person shall permit any
fire to burn where such fire will injure any portion of a shade tree
on any highway or in any public area of the borough.
F.
In the event of accidental damage to or the destruction
of any shade tree in or on any public highway or public property:
(1)
A report thereof must be submitted within five days
to the Borough Manager's office by the person responsible for the
damage.
(2)
Repair, removal and/or replanting necessitated by
such damage or destruction may be accomplished by the person(s) responsible
or may be initiated by the Commission. The borough may collect the
expense of such repair, removal and/or replacement from the person(s)
responsible for such damage or destruction.
In the case of imminent danger to life or property,
a shade tree on any public highway, street, park or other public property
may be cut, pruned or removed without permission of the Commission
or Council, provided that such action must be reported to the Borough
Manager's office and a retroactive permit placed on file within 48
hours after its occurrence. Otherwise, it shall be deemed a violation
of this Article.
A.
Planting. Any shade tree which is planted on any public
highway, park or public property in the borough must meet the following
guidelines:
(2)
Site.
(a)
The precise site at which a shade tree will
be planted must be approved first by the Commission, and then the
specific location is subject to the review and final approval of the
Council's Streets, Buildings and Code Committee and Council's Public
Works and Recreation Committee.
(b)
All shade trees planted along the public highways
in the borough shall be set so as to form as nearly as possible a
straight or uniform line with the other shade trees growing along
the same highway.
(c)
Spacing. Shade trees shall be planted or set
at a minimum distance of 25 feet apart where practicable with the
first tree from any corner set at a minimum distance of 25 feet from
the outside near curbing of the intersecting street.
(d)
No tree shall be planted within 25 feet of any
lamppost or within 10 feet of any fire hydrant or within five feet
of any sewer, gas, water or other pipe or conduit.
(3)
Minimum size and other requirements for new trees.
(a)
Height. A shade tree must be a minimum of eight
feet in height and have a single trunk with a minimum diameter of
two to 3 1/2 inches, measured six inches above the ground level,
with a well-defined leading branch or leader.
(b)
Leader. No shade tree which has had the leader
cut back or cut out shall be planted.
(c)
Staking. New shade trees shall be staked for
one year.
(4)
The planting hole. Care should be taken when digging
the planting hole not to dig deeper than the depth of the tree ball.
Shade trees shall be planted so that the root collar remains even
with the adjoining grade.
(5)
Any stone or grid work at the base of a shade tree
must be approved by the Commission.
B.
Pruning.
(1)
The owner of the property on or in front of which
shade trees are located shall secure a permit to remove limbs and
branches on otherwise healthy shade trees and keep them trimmed so
as not to interfere with the proper lighting of public highways and
street signs by the streetlights. In doing so, it is not necessary
to clear the main trunk of limbs to a great height, but subdivisions
can be removed, giving the branches a graceful upward turn.
(2)
Branches.
(a)
In order not to interfere with the unimpeded
use of the street and the sidewalks by vehicular traffic, the branches
of any shade tree must be kept trimmed so that:
[1]
Sidewalk clearance. They will not be any lower
than 10 feet from the surface of the sidewalk on which they abut.
[2]
Street clearance. They will be no lower than
15 feet from the surface of the adjoining roadway at a distance of
three feet from the curbing. The Commission shall have the authority
to designate a higher clearance on any public highway where heavy
traffic or other conditions make it expedient.
(b)
Mature shade trees shall be headed up to the
prescribed level with the advice of the Commission. On young trees,
the fixing of the branches shall be done gradually year by year after
planting.
(c)
Since larger trees with lower branches must
grow in diameter as well as in height, in order to support the top
without bending, the lower branches shall be removed only at intervals
of a year or more with the advice of the Commission until the proper
height of clean stem is reached.
C.
Cutting roots of shade trees.
(1)
Not recommended. In general, cutting the roots of
a tree condemns the tree and weakens it on the side of the cut, making
it more inclined to fall in that direction in a high wind. Therefore,
it is recommended that other remedies be tried first.
(2)
Exceptions. There are instances, however, when the
roots of mature trees lift sidewalks to such an extent that the Commission
may determine that uneven sidewalks create an even greater hazard
and may make an exception and allow the roots of a shade tree to be
cut according to the following guidelines for cutting roots:
(a)
No damage to the bark or the trunk of the shade
tree should be incurred at the time that roots are cut.
(b)
The cut must be as far from the base of the
tree and as close to the sidewalk as possible.
(c)
The cut must be done cleanly with a sharp knife,
hatchet or saw. No hacking away or partial cutting shall be allowed;
it allows disease, fungus and insects to attack the tree.
D.
Removing trees.
(1)
Permit required. A request to remove a shade tree
must be approved, in writing, with a permit on file at the Borough
Manager's office.
(3)
Stump must be removed. If a shade tree is removed,
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.
(4)
Tree replacement. Any time a shade tree is removed,
the property owner will have up to one year from the date of removal
to plant a replacement tree according to the guidelines contained
in this Article.
E.
Spraying. All spraying of shade trees shall be done
with approved materials under the Pennsylvania Pesticide Control Act
of 1973, 3 Pa.C.S.A. § 111.21, et seq., and shall performed
pursuant to the provisions of the Pennsylvania Pesticide Control Act
of 1973, above.
A.
Enforcement. This Article shall be enforced by the
Commission in conjunction with the Mayor and the borough police.
B.
Violations and penalties.
(1)
Any person who violates any provision of this Article
shall, upon conviction thereof, be guilty of a summary offense punishable
by a fine of not more than $300 and costs of such proceedings or,
upon default of payment of such fines and costs, by imprisonment in
the county jail for a term of not more than 30 days.
(2)
The continuation of such violation for each successive
day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished
as provided above for each separate offense.
C.
Liens. If not collected sooner, liens for work done
on the property as well as any fines and costs outlined above will
be collected at the time the real estate is transferred to a new owner.
