[HISTORY: Adopted by the Borough Council
of the Borough of Prospect Park 4-13-1982 as Ord. No. 1019, approved 4-13-1982. 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 Secretary of the Shade
Tree Commission of the Borough of Prospect Park or the appropriate
designated agent or representative of the Borough of Prospect Park.
Includes individuals, corporations, groups of individuals,
firms, associations and their servants, agents or other employees.
That area, including cartway and sidewalk, within public
right-of-way lines, for streets, highways, alleys and public ways
within the Borough of Prospect Park, and also all property owned by
the Borough of Prospect Park.
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.
A.
There shall be created a Commission to be known and
designated as the "Shade Tree Commission." The Commission shall exist
of three members, all of whom shall serve without compensation. Upon
the expiration of the initial terms of office, members shall be appointed
to serve terms of four years. Upon a vacancy occurring or upon the
expiration of the term of any Commissioner, a successor shall be appointed
by Borough Council to serve the balance of the said unexpired term.
The Borough Council may, from time to time, appoint ad hoc, nonvoting
members.
[Amended 6-11-1985 by Ord. No. 1056A,
approved 6-11-1985]
B.
The Commission shall have exclusive custody and control
of all shade trees in the Borough of Prospect Park, Delaware County,
Pennsylvania. The Commission shall have the authority to adopt such
rules and regulations as may be necessary for the purpose of carrying
out the intent of this chapter. Such regulations for the planting,
care, trimming and removal of trees shall not only be aimed at the
elimination of economic waste by reason of damage to the public property
and/or the property of others and the public health, safety and welfare,
but also the beautification of the streets, highways, avenues, parks,
parkways and other public areas of the Borough. In carrying out the
provisions of this chapter, it may be guided by the standards of the
National Shade Tree Conference or any other similar organizations
which promulgate standards which would carry out the intent of this
chapter.
C.
The Commission shall include but not be limited to
studying the problems and determining the needs of the Borough of
Prospect Park in connection with its tree planting program, to recommend
to the Borough Council the type and kind of trees to be planted upon
such Borough streets, parks of the Borough or parks as designated
to assist the Borough of Prospect Park, as well as the citizens of
the Borough in the dissemination of news and information regarding
the selection, planting and maintenance of trees within the Borough
limits, whether the same shall be on private or public property, and
to make recommendations, from time to time, to the Borough Council
regarding desirable legislation regarding the tree program activities
of the Borough, to provide regular and special meetings at which the
subject of trees, insofar as it relates to the Borough of Prospect
Park, may be discussed by members of the Commission, officers and
personnel of the Borough and its several divisions and all others
interested in the tree program.
D.
The Commission shall have the authority to prepare
and adopt a street tree plan for all trees in or upon the public streets,
highways, avenues, parks, parkways and other public areas which, in
its opinion, shall effectuate the provisions of this, provided that
such plan shall not become effective until approved by the Borough
Council.
It shall be unlawful for any person to plant,
remove, mutilate or cut down any shade tree or do or cause to have
done a major or total pruning of any shade tree within a public area
without first obtaining a permit 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 Commission:
A.
Trim shade trees to conform to the clearance requirements
of this chapter, trim or prune shrubs and bushes within the public
area, 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.
To prune, trim or cut for the maintenance of public
utility facilities.
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; such permit to designate the type
of tree and place where such tree is to be planted or removed. The
Commission shall have authority to designate the suitable type of
tree and may refuse a permit to plant any type of 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 tree in or upon the public streets,
highways, avenues, park, parkways and other public areas, and such
work shall be done to the satisfaction of the Commission.
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 they 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 Commission 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 Commission. In
case the owner of such property shall neglect or refuse to trim the
trees upon being notified, in writing, by the Commission or the Borough's
designated agent so to do, the Borough may, after the expiration of
30 days of said notification, 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 by this chapter.
The Commission or its designated representative
or an appropriate Borough official 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 Commission may do so and collect the costs thereof as hereinbefore
and hereinafter provided.
For the purpose of defraying the cost of the
planting, trimming, maintenance and removal of trees and such other
expenses of the Commonwealth, the Council may appropriate necessary
funds or designate Borough workers to do the required services. The
Commission may hire no employees or have the work done without prior
approval of the Council of the Borough of Prospect Park.
Whenever it is necessary for the Commission
or the Borough to trim or remove trees by reason of the failure of
the property owner so to do 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 Borough 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 Borough Secretary 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 Commission 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.
A.
An application for a permit shall be made, in writing,
to the Borough Secretary, on a form provided by him or her. It shall
specify the particular kind of work or operation the applicant desires
to perform, the exact location and the species of any shade tree affected,
the owner of the property and the person who will do the work. It
shall be the duty of the Borough Secretary to submit every such application
promptly to the Commission for approval or disapproval. The permit
shall be valid for a term of 60 days but may be removed at any time
upon proof satisfactory to the Commission that any of the terms or
conditions upon which such permit was issued have been violated.
B.
The Commission, in its discretion, may, as a condition
precedent to the issuance of the permit, require the applicant to
file a bond satisfactory to the Commission or to deposit security
satisfactory to it, to guarantee the compliance by the applicant with
the terms and conditions upon which such permit was issued; and which
bond shall not be more than double the estimated costs of such work.
The applicant for any permit shall, at the time of his application,
pay to the Borough Treasurer for the use of the Borough a fee of $1.
For major work, the Commission shall require a certification of insurance
against personal injury or property damage.
C.
Authority to grant or deny a permit and impose conditions
in a permit.
(1)
The Commission 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 shade 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 shade tree contrary to specifications set forth
in a permit.
(2)
The Commission, in carrying out 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 carries out the intent
of the regulations herein.
It shall be the responsibility of the Shade
Tree Commission to order the removal of any dead tree after it has
been determined by the Commission that the removal is necessary for
the safety of the community.
No person shall, without first obtaining a permit
therefor, cut, break, climb with spurs, injure in any manner or remove
any shade tree or cut down or interfere in any way with the main roots
of any shade tree or spray any shade tree with any chemical or insecticide
or place any rope, guy wire, cable, sign, poster or any other fixture
on any shade tree or guard for any shade tree or injure, misuse or
remove any device placed to protect any shade tree, except in case
of immediate necessity for the protection of life or property.
Every owner or occupier of property shall maintain
an area of open space, not less than four square feet around the base
of every tree, which space shall be so maintained as to permit the
free passage of air and water to the roots of such tree.
No person shall pour salt water, oil or any
other material at any place in such manner that injury might result
to any shade tree.
Any person who shall violate or fail to comply
with the terms and provisions of this chapter or with any of the regulations
and rules promulgated by the Shade Tree Commission of the Borough
of Prospect Park shall be liable, on conviction thereof, to a fine
or penalty not exceeding $300 for each and every offense, and whenever
such person shall have been notified, by the Shade Tree Commission
or by service or summons, in prosecution or in any other way, that
he is committing such violation, each day in 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 collected as prescribed by law. In the event of a second
or repeated offense, any person who shall violate or fail to comply
with any of the regulations of the Shade Tree Commission of the Borough
of Prospect Park and all of the terms and conditions of this chapter
and amendments thereto shall be liable to conviction, fine or penalty
up to $500 for each and every repeated offense, and, whenever such
person shall have been notified by the Shade Tree Commission or by
service or summons in prosecution or in any other way that he is committing
such violation, each day in 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 collected
as prescribed by law.
